Robbins v. Mackie

The opinion of the court was delivered by

Clark A. Smith, J.:

This was a suit begun by the plaintiff in error in the district court of Sedgwick county to enjoin the defendants from filling up and® destroying an irrigation ditch. A temporary injunc*647tion was granted pending the hearing. On the trial the court dissolved the temporary injunction, refused the prayer of the petition, and rendered judgment against the plaintiff for costs. To reverse this judgment the plaintiff brings the case to this court for review.

The defendants in error file their motion to have the case dismissed, claiming that…