Musselman v. Manly

This was an action by the appellant against the appellee, to recover damages for removing earth from an alley adjoining the property of appellant. The complaint was in three paragraphs. Omitting surplus and immaterial averments, and an immense amount of useless and disconnected verbiage, it is alleged in each paragraph of the complaint, that the defendant about the month of September, 1868, did cut, excavate, and remove dirt and gravel out of a certain alley running between the premises of the plaintiff and the property of another, and thereby rendering the alley impassable, and preventing…