RE WATER RIGHTS OF ROGUE RIVER, 114 Or. 372 (1925)

235 P. 279

RE DETERMINATION OF WATER RIGHTS OF ROGUE RIVER. GEORGE W. LANCE ET AL. v. EDWARD BOLING ET AL. J.N. MATNEY v. FRED OFFENBACHER ET AL.

Oregon Supreme Court.Argued January 15, 1925
Affirmed April 21, 1925

From Jackson: F.M. CALKINS, Judge.

AFFIRMED.

For appellants there was a brief over the names of Mr. Gus Newbury and Mr. H.D. Norton, with an oral argument by Mr. Newbury.

For respondents there was a brief and oral argument by Mr. A.E. Reames.

PER CURIAM.

These two cases were heard on January 15, 1925, on all the issues therein and taken under advisement. On examination of the record it was discovered that an essential part of the testimony is not in the record, thus rendering it impossible to examine properly the questions involved.

Page 373

Although repeated notifications have been sent to counsel on both sides to produce the missing testimony, all efforts in that direction have been unavailing and the record is still in such condition that no intelligent decision can be framed. For these reasons the decrees of the Circuit Court are affirmed pro forma, but without costs or disbursements in favor of either party in this court. AFFIRMED.