INJUNCTION:  Damages  Pending  Appeal.  A  plaintiff  who  obtains  a
nonself-executing  injunctional  order,  and  in  connection  therewith
recovers  damages  to  date  of  order,  and  who,  at  the  request  of
defendant,  stipulates  that  ho  will  not  issue  execution,  pending  ap-
peal, and  that  defendant  need  not  secure  a  stay  order  from  the
appellate  court,  may,  on  the  affirmance  of  the  cause,  recover  of
defendant  the  additional  damages  accruing  since  the  date  of  the
injunctional  order,  because  of  the  withholding  of  execution.  Espe-
cially is  this  true  when  the  stipulation  disclaimed  any  intention  to
waive  said  damages.
Appeal  from  Monroe  District  C&iirt. — C.  W.  Vermilion,  Judge.
November  15,  1921.
Action  to  recover  damages  for  the  alleged  wrongful  inter-
ference by  the  defendant  with  plaintiff's  access  to  the  water  of
a  certain  pond  or  reservoir,  used  by  him  for  watering  stock.  The
facts  are  fully  stated  in  the  opinion.  See,  also,  McCoy  v.  Chi-
cago,  Milwaukee  &  St,  Paul  R,  Co,,  176  Iowa  139.  A  jury  was
waived,  and  the  cause  tried  to  the  court,  resulting  in  a  judgment
for  plaintiff  for  $600.    Defendant  appeals. — Affirmed.
Hughes,  Sutherland  &  O'Brien,  for  appellant.
John  T,  Clarkson,  for  appellee.
