Hirschberg v. Flusser

•Lane, Y. C.

This is a motion to strike out a bill. The bill allegés that ’complainant is the owner of certain property; that defendant, who is the "owner of adjoining property, on or about May 3d, 1911, intending to build an addition to his building, excavated to a depth of twenty-four feet, and in so doing excavated a portion of complainant’s property substantially twenty-six feet five inches by nine inches; that defendant then proceeded to build on his own land and also on the land of complainant his foundation and side wall up to the lpvel of the ground, but that above the.level of the…