Heise v. Schulz

The opinion of the court was delivered by

Arn, J.;

Plaintiff seeks a mandatory injunction to compel defendants to remove certain dams which they have placed in and across the bed of Eagle Tail creek. The trial court made findings of fact, refused the mandatory injunction prayed for by plaintiff, and rendered judgment for defendants. The plaintiff has appealed. For convenience we will refer to the parties as plaintiff and defendants, as they appeared at the trial below. ■

The plaintiff’s petition prayed for a mandatory injunction commanding the defendants to 'immediately remove all of their…