Ware v. Walker

Citations

• 70 Cal. 591
• 12 P. 475
• 1886 Cal. LEXIS 853

Syllabus

<p>Pleadings — Amendment —Discontinuance oe Parties — Change of Nature of Action. — The action was originally brought by several plaintiffs against the defendant Walter and others, to restrain Walker from interfering with certain water rights owned by the plaintiff, Ware. The defendants other than Walker were joined as such because they refused to become plaintiffs. An amended complaint was subsequently filed, in which Ware alone was named as plaintiff, and Walker as defendant. Held, that the amended complaint did not change the nature of the action.</p> <p>Water Rights—Public Lands—Approeriator mat Remove Obstructions from Stream. — An appropriator of the waters of a natural stream flowing through public lands of the United States has a right, as against a subsequent purchaser from the United States, to go upon the land of such purchaser higher up the stream than the point of diversion, and remove obstructions from the bed of the stream, so as to cause its waters to flow in their natural channel to the point of diversion.</p>