Jenkins v. Stephens

In this action plaintiff (respondent) sejeks judgment against the defendant ('appellant) for the wrongful construction of a dam or dike across a water course near the east line of the appellant’s property and immediately west of the respondent’s property. The construction of the dam, it is alleged, caused water to flood respondent’s lands to his damage. Respondent had judgment. Defendant appeals.

After the appeal had been perfected in this court and the record filed here, the respondent filed a motion to strike the bill of exceptions upon the ground that the proposed bill had not been served…