Allen v. Stowell

CHIPMAN, C.

Defendants appeal from a judgment for plaintiff granting a mandatory injunction compelling defendants to remove certain dams erected by defendants which caused the flow of water to be diverted from its natural course unto plaintiff’s land. The bill of exceptions does not pretend to bring up all the evidence, but, as stated in appellants’ brief, ■“is intended only to present two questions of law adopted •by the court and applied to the case.” These questions are: 1. Will the remedy of mandatory injunction lie where the •evidence is conflicting on the point at issue, unless there…