Dondero
Dondero v. O'Hara
Opinion
lead Opinion
Chipman, J.
Ejectment. Plaintiffs had judgment from which and from the order denying their motion for a new trial, defendants appeal. The cause was tried by the Honorable R. C. Rust, judge of the superior court of Amador county, presiding at the trial by request of the judge of the superior court of Tuolumne county. We find printed in the brief of counsel for respondent the following opinion, filed in the case by the presiding judge, which seems to ns to clearly present the grounds upon which the decision rests, and satisfactorily meets the principal points now made by appellants: namely, that the evidence is insufficient to justify the findings and that .the decision is against law.
“This is an action of ejectment brought by the plaintiffs to recover the possession of a certain water ditch in the complaint fully described.
“The complaint is in the usual form. The answer denies that plaintiffs are the owners or entitled to the possession of the water ditch described in the complaint, and denies that defendants, without right or title, entered into the possession of said ditch, or ousted or ejected the plaintiffs therefrom, and defendants, without right or title, entered into the possession…