Legal Opinion

Eigelsbach v. Kanne

Indiana Supreme Court

Decided December 7, 1915No. 22,945PublishedCited by 10 opinions

From Jasper Circuit Court; Charles W. Hanley, Judge.. Action by Michael Kanne against Henry H. Eigelsbaeh. From a judgment for plaintiff the defendant appeals. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)

1Opinion of the CourtErwin, J.

Appellee brought this action to recover damages for obstructing a flow of water and backing it up on his lands, and for mandatory injunction to compel the removal of the obstructions and to require appellant to restore a tile drain and reconnect it with a tile drain on lands of appellant. Trial was had by the court which resulted in a finding and judgment for appellee.

Appellee filed a motion in this court to dismiss the appeal, for the reason that the same was not perfected in due time. The record discloses that the appeal was perfected according to law. The motion to dismiss is overruled.

Appe…

2Cases cited2 opinions

  1. Burroughs v. BurroughsIndiana Supreme Court · 1913
  2. Indiana Quarries Co. v. FarmerIndiana Supreme Court · 1915

3Cited by10 opinions

  1. Bryant v. School Town of Oakland CityIndiana Supreme Court · 1930
  2. Veit v. WindhorstIndiana Supreme Court · 1915
  3. Indiana Quarries Co. v. FarmerIndiana Supreme Court · 1915
  4. Glencoe Cotton Mills v. Capital Paper Co.Indiana Court of Appeals · 1920
  5. Feldman v. ElmoreIndiana Court of Appeals · 1928

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