State ex rel. Mitchell v. Ross

*200The opinion of the court was delivered by

Harvey, J.:

This was an action by the state on the relation of the attorney general to enjoin defendant from obstructing the flow of water in the stream and for an order requiring defendant to restore-the stream to the condition- it was in before he committed the acts complained of. The trial court heard the evidence and granted the preventive injunction. From that part of the judgment no appeal has been taken. The court declined to make the restoration order sought by plaintiff, and from the refusal thereof the plaintiff has appealed.

The pertinent…