Lentzinger v. Hershey
Supreme Court of Iowa
ALppeal from Muscatine Circuit Court. Action in equity. The nature and object of which is to restrain the defendant, by injunction, from changing thó natural flow of a stream of water by means of certain ditches and embankments. The only relief asked is that the injunction be made perpetual. The court, in an appropriate decree, granted the relief, and defendant appeals. ■
1Opinion of the CourtServers, J.
No errors are assigned, nor was there a motion in the court below for a trial on written evidence, nor did the court order all the evidence to be taken in the form of depositions, or that the evidence offered at the trial should be reduced to writing, nor has the judge certified that all the evidence is before us. In this state of the record there is nothing we can try or determine. Code, § 2742; MacClay v. Bunkers, 46 Iowa, 700; Richards v. Hintrager, 45 Id., 253; Hammersham v. Fairall, 44 Iowa, 462; Vinsant v. Vinsant, p. 594, ante.
Affirmed.
2Cases cited2 opinions
- Hammersham v. FairallSupreme Court of Iowa · 1876
- Maclay v. BunkersSupreme Court of Iowa · 1877