Legal Opinion

Wood v. Millspaugh

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 5 opinions

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

  1. Borgen v. WiglesworthSupreme Court of Kansas · 1962
  2. Atchison, Topeka & Santa Fe Railway Co. v. HamiltonSupreme Court of Kansas · 1930
  3. Johns v. SchmidtSupreme Court of Kansas · 1884
  4. Johnson v. CommissionersSupreme Court of Kansas · 1886
  5. Van Natta-Lynds Drug Co. v. GersonSupreme Court of Kansas · 1890

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