TOWN OF EVERETT, BURT COUNTY v. TEIGELER

No. 33934.

77 N.W.2d 467 (1956)

162 Neb. 769

TOWN OF EVERETT, BURT COUNTY, Nebraska, Appellant, v. Paul TEIGELER, Appellee.

Supreme Court of Nebraska.

As Modified on Motion for Rehearing October 12, 1956.


Attorney(s) appearing for the Case

Richards, Yost & Schafersman, Fremont, for appellant.

Spear & Lamme, Fremont, for appellee.

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


CHAPPELL, Justice.

Plaintiff, Town of Everett, a township in Burt County, brought this action seeking by mandatory injunction to require defendant Paul Teigeler to remove a dike and restore his adjoining land to its condition just before the dike was constructed. After hearing on the issues made by plaintiff's petition, defendant's answer, and plaintiff's reply, the trial court inspected the premises and rendered a judgment which found and adjudged the issues generally...

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