Board of Drainage Com'rs v. Board of Drainage Com'rs

The suit is by bill in equity seeking to enjoin appellant drainage districts, upper landowners on the Bogue Phalia, in Bolivar county, from making certain drainage improvements whereby the surface waters from their lands would be collected and discharged into the Bogue Phalia, a natural Avatercourse, in excess of its capacity, causing it to overflow the lands of appellee drainage districts, lower owners along the Bogue Phalia in Washington county. The appeal is from a decree overruling the demurrer of the eleven defendant drainage districts.

The determining question in the case is, whether or…