Legal Opinion

Deckard v. May

Indiana Court of Appeals

Decided April 2, 1919No. 9,810Published

From Monroe Circuit Court; S. B. Lowe, Special Judge. Action by John L. May against Thomas Deckard. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtNichols, J.

This was a suit for damages and for injunction against defendant, appellant, for diverting the water flowing through a natural watercourse from appellee’s land to appellant’s, the water thus diverted being supplied by a spring on the lands of appellant.

The errors relied upon for reversal that are properly assigned and available if the brief were otherwise sufficient, are: (1) The court erred in sustaining ap*693pellee’s motion to strike ont part of appellee’s third paragraph of answer. (2) The court erred in sustaining appellee’s motion to strike out appellant’s counterclaim. (3) The court erred…

2Cases cited4 opinions

  1. Vandalia Coal Co. v. YemmIndiana Supreme Court · 1910
  2. Stremmel v. Gaar, Scott & Co.Indiana Supreme Court · 1911
  3. Bottema v. TracyIndiana Court of Appeals · 1915
  4. Dietrich v. MinasIndiana Court of Appeals · 1915

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