Wood v. Millspaugh
Supreme Court of Kansas
Error from Cowley District Court. The district judge, at chambers, in July 1873, granted a preliminary injunction in favor of Wood, as plaintiff, and afterward on motion vacated such order; and from this last ruling Wood appeals, and brings the record here on error, for review.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
At the commencement of this action a temporary injunction was allowed to restrain the defendant ■ Millspaugh from erecting a mill-dam on Walnut river, in Cowley county, so as to cause the water thereof to flow back *15and into Dutch creek, a tributary of Walnut river, and thereby to overflow the plaintiff’s land. Afterward the judge of the court below, at chambers, vacated the order of injunction; and the plaintiff, excepting thereto, brings the case to this court for review. The reasons urged for and against the temporary injunction are…
2Cited by5 opinions
- Borgen v. WiglesworthSupreme Court of Kansas · 1962
- Atchison, Topeka & Santa Fe Railway Co. v. HamiltonSupreme Court of Kansas · 1930
- Johns v. SchmidtSupreme Court of Kansas · 1884
- Johnson v. CommissionersSupreme Court of Kansas · 1886
- Van Natta-Lynds Drug Co. v. GersonSupreme Court of Kansas · 1890