DRAINAGE DISTRICT NO. 48 OF DUNKLIN COUNTY v. SMALL

No. 7614.

311 S.W.2d 29 (1958)

DRAINAGE DISTRICT NO. 48 of DUNKLIN COUNTY, Missouri, Drainage District No. 25 of Dunklin County, Missouri, and St. Francis Drainage District of Clay and Greene Counties, Arkansas (Plaintiffs), Appellants, v. Truman (Pete) SMALL, Pauline Small, Ross Small and Ora Lee Small (Defendants), Respondents.

Springfield Court of Appeals, Missouri.

January 24, 1958.


Attorney(s) appearing for the Case

Ford & Ford, Jones & Jones, Kennett, for Drainage Dists. Nos. 25 and 48 of Dunklin County, Mo.

Kirsch, Cathey & Brown, Paragould, Ark., for St. Francis Drainage Dist. in Clay & Greene Counties, Ark.

Merrill Spitler, New Madrid, Web A. Welker, Portageville, for respondent.


McDOWELL, Judge.

Plaintiffs, Drainage Districts, appeal from an adverse judgment rendered in the Circuit Court of Dunklin County, Missouri, in their action to abate a nuisance and for injunctive relief.

The amended petition alleges inter alia: That St. Francis River, a navigable stream and tributary to the Mississippi River, forms a boundary line between Dunklin County, Missouri, on the east and Greene and Clay Counties, Arkansas, on the west.

That...

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