Vineyard Land & Stock Co. v. District Court of the Fourth Judicial District of the State of Nevada ex rel. County of Elko
Nevada Supreme Court
Petition for prohibition, on the relation of the Vineyard Land and Stock Company, a corporation, against the District Court of the Fourth Judicial District of the State of Nevada in and for the County of Elko, E. J. L. Taber, District Judge of said District Court, and W. M. Kearney, as State Engineer of the State of Nevada. McCarran, C. J., dissenting.
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Petition for prohibition, on the relation of the Vineyard Land and Stock Company, a corporation, against the District Court of the Fourth Judicial District of the State of Nevada in and for the County of Elko, E. J. L. Taber, District Judge of said District Court, and W. M. Kearney, as State Engineer of the State of Nevada. McCarran, C. J., dissenting. All of the sections of the act entitled “An act to provide a water law for the State of Nevada, * * *” (Stats. 1915, c. 253), are unconstitutional, null, and void: (1) as being- in violation of the 14th amendment to the Constitution of the…
1Opinion of the Court
By the Court,
Coleman, J.:
This is a proceeding in prohibition. It appears from the petition that the state engineer, upon the application of petitioner, initiated proceedings under the water law (Stats. 1913, p. 192, as amended by Stats. 1915, p. 378) of this state, to determine, for administrative purposes the relative rights of the appropriators of the water of the Salmon River and its tributaries, situated in Elko County, Nevada.
After the preliminary steps provided for in the statute had been complied with by the state engineer, and after a copy of the order of determination made by him…
2Cases cited28 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
- Reetz v. MichiganSupreme Court of the United States · 1903
- McMillen v. AndersonSupreme Court of the United States · 1877
- Bates & Guild Co. v. PayneSupreme Court of the United States · 1904
23 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. Walker River Irr. Dist.Court of Appeals for the Ninth Circuit · 1939
- Application of FilippiniNevada Supreme Court · 1949
- In Re Waters of Manse SpringNevada Supreme Court · 1940
- In Re ScottNevada Supreme Court · 1930
- Town of Eureka v. Office of the State EngineerNevada Supreme Court · 1992
23 more not listed; retrieve them via the Exa API.