Bingman v. Walter

Citations

• 80 Kan. 617
• 103 P. 120
• 1909 Kan. LEXIS 124

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mill-dam — Injunction—Petition—Negative Averments. In an injunction proceeding to abate the raising and maintaining of a mill-dam, the raising and maintaining of which are charged as wrongful acts, it is not necessary, to constitute a sufficient petition, that it be therein charged that the defendant did not obtain the right to flood the plaintiff’s land by virtue of proceedings under the mill-dam act. If such right has been so acquired it is a matter of defense.</p>