Van Bibber v. Hilton

Citations

• 84 Cal. 585
• 24 P. 308
• 1890 Cal. LEXIS 847

Syllabus

<p>Riparian Rights—Action to Restrain Diversion—Pleading — Cross-complaints. — In an action to restrain the diversion of water from a riparian proprietor,. two cross-complaints of defendants,, one of which sets out the right of defendants to the reasonable use of the stream in controversy as riparian proprietors, and the other their right to the use of twenty-five inches of the waters thereof, as prior appropriators, and each of which alleges unlawful acts of plaintiffs done and threatened in interference with the rights of defendants, and prays for affirmative relief, affecting the property to which the action relates, state causes of action which are proper to be pleaded by way .r cross-complaint.</p> <p>Id. — Separation of Cross-complaints. — Instead of setting up such separate rights in the form of two cross-complaints, they should be stated separately in one cross-complaint, to avoid confusion.</p> <p>Id.—Prior Appropriation by Riparian Proprietor—Insufficient Findings — Judgment Cutting off Riparian Rights.—When the court finds that both parties are riparian proprietors, and that defendants are prior appropriators of twenty-five inches of the stream, and fails to find what amount would be reasonable for defendants to use as riparian proprietors for irrigation, or other necessary purpose, a judgment ordering that all the waters of the stream be allowed to flow unrestricted to plaintiffs’ lands, excepting twenty-five inches, to which defendants are entitled as prior appropriators, and cutting the defendants off from all reasonable use of any other part of the water as riparian proprietors, is unsupported by the findings, and is contrary to law.</p>