Barnes v. Marshall

Foote, C.

— An action for the removal of a nuisance, and for a perpetual injunction against the erecting or maintaining thereof.

*570The defendant had judgment in his favor and for costs, and the plaintiff appeals upon the judgment roll alone.

All the issues raised by the pleadings were passed upon by the findings, although in some respects the latter might have been expressed with more perspicuity.

By them it becomes apparent that the plaintiff and defendant own separate parcels of land, lying opposite to each other on the banks of the Russian River in Sonoma County, the river being the common…