Kelly v. Dunning

Van Fleet, V. C.

This is an application for an injunction, the prayer of the complainant being that the defendant may be enjoined from permitting what is called in the bill a ditch or watercourse to remain filled up and obstructed, and from further filling up and obstructing the same. The draughtsman of the bill seems to have been in doubt whether the waterway which the complainant desires to have opened is a natural or artificial stream, and for that reason, called it a ditch or watercourse; but’when he comes to describe it, his description leaves no doubt as to its legal character. In…