Miller v. Marriott
Supreme Court of Oklahoma
Error from District Court, Tillman County; Frank Mathews, Judge. Action by C. S. Miller against E. A. Marriott. Judgment for defendant, and plaintiff brings error. In this action the plaintiff in error in his first cause of action asks for a mandatory injunction to require the defendant to remove a dam built by the defendant, which the, plaintiff alleged interrupted the flow of the water in times of flood, and thereby caused his land to be- overflowed.
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Error from District Court, Tillman County; Frank Mathews, Judge. Action by C. S. Miller against E. A. Marriott. Judgment for defendant, and plaintiff brings error. In this action the plaintiff in error in his first cause of action asks for a mandatory injunction to require the defendant to remove a dam built by the defendant, which the, plaintiff alleged interrupted the flow of the water in times of flood, and thereby caused his land to be- overflowed. The second and third causes of action are for damages to crops caused by backing water on the plaintiff’s land by reason of the same dam. It…
1Opinion of the Court
Opinion by
DEYEREUX, C.
(after stating the facts as above). The defendant in error contends that we cannot consider any of the questions raised in this case because it appears that the case-made does not contain all the evidence, for the reasons as stated in his brief:
“A large part of the evidence introduced by the plaintiff on the trial had reference to a certain map or diagram purporting to be a representation of the premises of the plaintiff and defendant, the streams running through said premises, and the dike or dam complained of. This diagram or map was used in the examination of nearly…
2Cases cited12 opinions
- Taylor v. FickasIndiana Supreme Court · 1878
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Ziska v. ZiskaSupreme Court of Oklahoma · 1908
- Wharton v. StevensSupreme Court of Iowa · 1891
- Town of Jefferson v. HicksSupreme Court of Oklahoma · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sartain v. WalkerSupreme Court of Oklahoma · 1916
- Alva Roller Mills v. SimmonsSupreme Court of Oklahoma · 1918
- Chicago, R. I. & P. Ry. Co. v. MortonSupreme Court of Oklahoma · 1916
- Franco-American Charolaise, Ltd. v. Oklahoma Water Resources BoardSupreme Court of Oklahoma · 1990
- Singer v. Citizens' Bank of HeadrickSupreme Court of Oklahoma · 1920
6 more not listed; retrieve them via the Exa API.