Drainage District No. 1 v. Suburban Irrigation District

This is a suit in equity by Drainage District No. 1 of Lincoln county, Nebraska, a corporation, to enjoin the defendant, the Suburban Irrigation District, from constructing or maintaining a “check” in the south ditch of plaintiff drainage district, and to compel defendant, by mandatory injunction, to remove a check or dam which it had placed in the north ditch of plaintiff drainage district. The petition alleges, in substance, that defendant in 1936 constructed a check in the north drainage ditch of plaintiff on section 29-14-31 for the purpose of diverting water from the drainage ditch into…