Summary
refusing to enforce lease on real estate claimed as homestead because wife had not consented to lease
Summary of this case from Redmond v. KesterOpinion
No. 5700.
Decided April 8, 1937.
PROHIBITION. Where prohibition proceeding presented question of trial court's jurisdiction, during pendency of case for general adjudication of waters of stream, to entertain application for temporary change in point of diversion or place of use, and petition for temporary change has become moot by lapse of time, and legislation on the subject has recently been enacted, the court will not establish a rule for guidance in the future.
Proceeding for prohibition by the Rocky Ford Canal Company and another against Hon. LeRoy H. Cox, Judge of the District Court of Millard County and others.
On rehearing.
Former decision withdrawn, and cause dismissed.
For former opinion, see 92 Utah 148, 59 P.2d 935.
Christenson, Straw Christenson, of Provo, J.A. Melville of Salt Lake City, and D.D. Crafts, of Delta, for plaintiffs.
Cheney, Jensen, Marr Wilkins, of Salt Lake City, H.D. Hayes and Carvel Mattsson, both of Richfield, and Lewis Larson, of Manti, for defendants.
E.J. Skeen, of Salt Lake City, amicus curiae.
This court on July 8, 1936, made and entered its decision in this case denying a permanent writ of prohibition, and recalling and setting aside the temporary writ theretofore issued. 92 Utah 148, 59 P.2d 935. A rehearing was thereafter granted which had the effect of recalling the decision above referred to. The case has now been reargued and resubmitted. The issue presented involved the question of jurisdiction of the trial court, where there is pending before it a case of general adjudication of the waters of a stream, to entertain and act on an application for a temporary change in point of diversion or place of use of any of the waters of such stream. The petition before the trial court was for a temporary change for the current season only. By lapse of time the cause has become moot. Any decision looking to the establishment of a rule for guidance in the future would be unwise at this time. There was legislation on the subject enacted at the recent session of the State Legislature.
The decision heretofore rendered is withdrawn and the cause dismissed. Neither party to recover costs.