State ex rel. Wertz v. Berk

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by the state on the relation of the county attorney, charging that J. B. Berk, who *646owned land in a bend of the Arkansas river, had planted willows and rushes in the bed of the river, and had placed brush and other debris in the river with a view of filling in and reclaiming from the channel of the river land adjacent to his own, and had already filled up and reclaimed more than fifty acres of land and was threatening to continue the process and the nuisance, and .that his acts had already resulted in cutting away…