Walters v. Fredericks
Supreme Court of Iowa
■Appeal from Lee District Court. Injunction commanding the defendant to remove a dam which plaintiff alleges diverted the water from its natural course over his, defendant’s, land, and caused it to run over plaintiff’s to his great damage &c. The other facts material to an understanding of the point decided are stated in the opinion of the court.
1Opinion of the Court
Lowe C. J.
This was a proceeding by injunction to abate an alledged nuisance. Defendant appears, demurs to the equity of the bill, also answers; and after filing his answer, moved the court to dissolve the injunction, which the court not only properly sustained, as we think, but also upon the same motion dismissed the suit at the cost of plaintiff. This last order of the court is assigned for error, *182and is well taken. The motion did not ask for the dismissal of the suit, but simply that the injunction be dissolved. The record does not show that there was any hearing upon the demurrer, or upon…
2Cited by2 opinions
- Sioux City Night Patrol v. MathwigSupreme Court of Iowa · 1938
- Russell v. Wilson & Co.Supreme Court of Iowa · 1873