Smith v. Miller

The opinion of the court was delivered by

Dawson, C. J.:

The single question in this appeal is the sufficiency of the service of summons to bring the defendant into court.

The action was to compel the defendant owner of a quarter section of land in Stafford county to remove a dam which interrupts and diverts the waters of Rattlesnake creek, which flows through his land and downstream therefrom through lands of plaintiffs, which are also situated in Stafford county.

Sometime in 1930 the defendant constructed a dam across Rattlesnake creek on his land, with the consequence that the natural flow of…