O'NEAL, J.
This is an appeal from a judgment in favor of defendants in error, herein referred to as plaintiffs, against plaintiffs in error, herein referred to as defendants, for damages alleged to have been caused by the overflow of plaintiffs' land by the alleged wrongful acts of defendants.
On October 5, 1948, after the appeal to this court was perfected, the cause was dismissed as to Joseph B. Fleming and Aaron Colnon, Trustees of the Chicago, Rock Island...
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