Gregg v. White

Practice in the supreme court.

Appeal from Adams Circuit Court. Tnis is a controversy as to the rights of the respective parties arising out of the construction and maintenance of a partnership ditch upon the line between the lands owned by the parties. The plaintiff constructed a ditch upon his own land which flowed into the partnership ditch, which defendant claimed’injured his land, and defendant entered upon plámtiff’s land and filled up said ditch and made an excavation in a dam erected by plaintiff. The action was commenced before a justice of the peace and damages in the sum of $100 were claimed. A trial was had before the justice of the peace, and an appeal was taken to the Circuit Court, where a trial by jury was had which resulted in a verdict and judgment for the defendant. Plaintiff appeals.