BALLMER v. SMITH

No. 33461.

63 N.W.2d 862 (1954)

158 Neb. 495

BALLMER et al. v. SMITH et al.

Supreme Court of Nebraska.

April 2, 1954.


Attorney(s) appearing for the Case

Bannister & Deines, Cozad, for appellants.

W. A. Stewart, E. A. Cook, Jr., Lexington for appellees.

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


SIMMONS, Chief Justice.

This is an action in equity to enjoin the defendant from making changes in the course and elevation of the banks of a watercourse known as Stump Creek. Plaintiffs secured a restraining order and temporary injunction. Defendant denied the right of plaintiffs to relief and sought a decree authorizing the restoration of the natural ridge of Stump Creek, and that he be authorized to straighten Stump Creek by making cuts on his own land. He sought...

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