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COURTER v. MALOLEY

No. 32675.

41 N.W.2d 732 (1950)

152 Neb. 476

COURTER v. MALOLEY.

Supreme Court of Nebraska.

March 10, 1950.

Attorney(s) appearing for the Case

Beatty, Clarke, Murphy & Morgan, North Platte, William A. Stewart, Lexington, for appellant.

Elbert H. Smith, Lexington, Bernard B. Smith, Lexington, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

YEAGER, Justice.

This is an action by Walter L. Courter, plaintiff and appellee, against Fred Maloley, defendant and appellant, to enjoin the defendant from maintaining a dike along the north line of a quarter section of land owned by him in Dawson County, Nebraska, which land is immediately to the south of the land owned by plaintiff, and for damage to crops which the plaintiff contends was caused by the construction and maintenance of the dike. The lands of plaintiff...

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