Lee v. Gulbraa
South Dakota Supreme Court
Appeal from Circuit Court, Day County. Hon. Thomas D. Boucic, Judge. Action by Johanna Dee, and John 'Herbert Dee and others, minors, by Johanna Dee, their guardian ad litum, against Claus J. Gulbraa, to restrain defendants from constructing and maintaining a certain ditch between two sloughs, one on plaintiffs’, the other on defendants’ land. From a judgment for plaintiffs, and from an order denying a new tidal, defendant appeals. Appellant cited: Thompson v. Andrews, (IS.
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Appeal from Circuit Court, Day County. Hon. Thomas D. Boucic, Judge. Action by Johanna Dee, and John 'Herbert Dee and others, minors, by Johanna Dee, their guardian ad litum, against Claus J. Gulbraa, to restrain defendants from constructing and maintaining a certain ditch between two sloughs, one on plaintiffs’, the other on defendants’ land. From a judgment for plaintiffs, and from an order denying a new tidal, defendant appeals. Appellant cited: Thompson v. Andrews, (IS. D.) 165 N. W. 9; Note in 19 E. R. A. N. S. 169; Fenton & T. R. Cd. v. Adams, 112 Am. 'St. Rep. 171, 77 N. E. 531.
1Opinion of the CourtMcCOY, J.
This action was instituted by plaintiffs to restrain the defendant from constructing and maintaining a certain ditch between two sloughs, one on the land of plaintiffs and the other on the land of defendant. Findings and judgment were in favor of plaintiffs, and defendant appeals.
At the conclusion of the trial, the appellant, among others, requested, and the court refused to make, certain findings of fact substantially as follows: That said ditch was constructed along the natural course of drainage from said upper to said lower slough, and that water had been known to flow from said upper to…
2Cases cited4 opinions
- Thompson v. AndrewsSouth Dakota Supreme Court · 1917
- Anderson v. DrakeSouth Dakota Supreme Court · 1909
- Boll v. OstrootSouth Dakota Supreme Court · 1910
- Venner v. OlsonSouth Dakota Supreme Court · 1918
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