Dyer v. Stahlhut

The opinion of the court was delivered by

Wedell, J.:

It was sought in this action to obtain a mandatory injunction for the removal of an alleged obstruction to the drainage of surface water on agricultural land outside the limits of an incorporated city. John Heitman was merely joined as a party defendant by reason of the fact he was the tenant of the principal defendant. The parties will be referred to as plaintiff and defendant.

It is contended the findings of fact made by the trial court do not support the judgment. The findings read:

“1. The plaintiff is and has been since the year 1932, the…