POSPISIL v. JESSEN

No. 32834.

44 N.W.2d 600 (1950)

153 Neb. 346

POSPISIL v. JESSEN.

Supreme Court of Nebraska.

November 10, 1950.


Attorney(s) appearing for the Case

E. S. Schiefelbein, Joseph L. Pallat, Wahoo, for appellant.

H. A. Bryant, Wahoo, for appellee.

Before SIMMONS, Chief Justice, and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, Justices.


YEAGER, Justice.

This is an action in equity by William Pospisil, plaintiff and appellant, against Peter N. Jessen, defendant and appellee, to enjoin the maintenance of and to cause to be removed a dike on the lands of the defendant which dike it is claimed interferes with the natural course of drainage of water from about 120 acres of land belonging to the plaintiff.

In the action the defendant filed an answer which is in part in the nature of a cross-petition...

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