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eBook details

• Title: Horn v. Seeger
• Author : Supreme Court of Kansas
• Release Date : January 11, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The opinion of the court was delivered by This is a proceeding for indirect contempt of court. The trial
court found one of the defendants to be in contempt and fixed his
punishment at a fine of $100. He has appealed. The matter grew out of an action wherein we affirmed the
judgment of the trial court decreeing a mandatory injunction,
ordering the defendants to remove portions of a levee they had
erected on their own land. (See Horn v. Seeger, 167 Kan. 532,
207 P.2d 953.) In that opinion we included the findings of fact
and conclusions of law of the trial court. The case had to do
with a natural water course called Meyer Creek. It flows through
sections 35 and 36 in Phillips county. The defendants had
constructed a levee on their own land, part of it running
parallel to Meyer Creek and part running in a northerly direction
from it. The action was brought by lower landowners for a
mandatory injunction to direct defendants to remove the levee on
the ground that it caused surface water and overflow water from
Meyer Creek to be discharged onto their land to their damage. The
trial court found such to be the case and gave a judgment
ordering defendants to remove that part of the levee which
extended north from the creek. On appeal we affirmed the judgment
and ordered defendants enjoined from maintaining such levee in
the future. The defendants complied with the judgment and removed
that part of the levee. The accusation in contempt alleged the
above judgment and that it had not been reversed, modified or set
aside; that notwithstanding such judgment defendants had about
October 15, 1951, commenced the construction of another dike at
points adjacent to the location of the former one and which when
completed would have exactly the same effect upon the lands of
the plaintiffs as the dike ordered removed and in addition
thereto defendants were widening, deepening and making additional
excavations on the south and west side of the former dike; that
by reason of the failure of defendants to obey the orders of the
court, plaintiffs had been damaged. The prayer was that
defendants be adjudged guilty of indirect contempt; that they be
ordered to remove that part of the dike already constructed and
that they be ordered to pay plaintiffs their costs, damages and
attorney fees.

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