Johnson v. Northern Pacific, Fergus Falls & Black Hills Railway Co.

The parties have brought separate appeals. The plaintiff complains that the legal conclusion of the court that she is not entitled to an injunction is not supported by the facts found; and the defendant’s principal assignment of error is the finding and conclusion of the court that the plaintiff may maintain an action for such damages as she may show herself entitled to by reason of the maintenance of the embankment described in the complaint. Upon the argument neither party raised the point that there is no judgment or order in the case upon which to found an appeal to this ..court. Upon…