Hansen v. Galiger

1. Appeal and error ? Lack of knowledge of plaintiff as to commencement of action. Where one of several appellants filed affidavit stating that she was never consulted concerning commencement of action in district court, and knew nothing about it, appeal as to that appellant would be dismissed. 2. Waters and water courses ? Easement on public domain. It is well settled that ditches constructed and used on public domain constitute a grant or easement for the ditch so constructed and used and that a patentee to which the land is subsequently granted takes subject to such easement; but easement cannot be enlarged without consent. 3. Injunction ? Object of interlocutory injunction. The sole object of an interlocutory injunction is to preserve subject in controversy in its then condition, and without determining any - Page 102 question of right, merely to prevent further perpetration of wrong, or doing of any act whereby right in controversy may be materially injured or endangered. 4. Appeal and error ? Allowance of temporary injunction discretionary. The allowance of a temporary injunction is vested largely in the sound legal discretion of the district court, with the exercise of which the Supreme Court will not interfere except in instances of manifest abuse. 5. Injunction ? No injunction granted to change status quo. The court will not grant an order for a preliminary injunction where the effect would be to change the status quo. 6. Waters and water rights ? Preliminary injunction properly denied. The preliminary injunction to require defendants to permit use of shovel before freezing weather in fall was properly denied.