Smiley v. City of Graham

W. M. Smiley and wife and Jason Mayes and wife, plaintiffs in the trial court, have appealed from a judgment denying them an injunction restraining the defendants, City of Graham and its officers, from using an alley adjoining their property for the purpose of draining through it storm waters from the surrounding vicinity, and also denying the issuance of a mandatory writ requiring the city to restore the alley to its condition existing prior to certain work already done by the city for the purpose noted.

The case was tried on its merits without a jury, and the trial judge filed findings of…