Campbell v. Grimes

*504The opinion of the court was delivered by

Doster, C. J. :

This was an action of injunction brought by the defendant in error as plaintiff against the plaintiffs in error to restrain the diversion of water from a stream on which the plaintiff was a lower, the defendants upper riparian proprietors. The injunction was made perpetual, wherefore the defendants have prosecuted error to this court.

Prom the pleadings, it would seem that the plaintiff based his right to the injunction upon some previous appropriation of the water by condemnation proceedings, had under some of the statutes relating to…