Driessen v. Moening

Julius J. Olson, Justice.

Appeals from orders denying plaintiffs’ separate blended motions for amended findings or new trial bring for review two suits involving identical issues. Consolidated for trial below, they are similarly submitted here.

The relief wanted was a mandatory injunction compelling defendants to remove a dam claimed to have been wrongfully constructed at the outlet of Little Birch Lake in Stearns county, and for damages for flooding their farm lands which abut upon it. The precise question, so plaintiffs say, here to be determined, is whether a release executed by them to the…