Nev. Cty. & Sacramento Canal Co. v. Kidd
California Supreme Court
Appeal from the District Court, Fourteenth Judicial District, Nevada County. The following was the complaint in this cause: “Now comes the plaintiff above named, and by leave of the Court first had and obtained, files this its amended complaint in the above entitled cause, and alleges that plaintiff is, and has been for a long time prior to the commission of the grievances hereinafter complained of, a body corporate, duly organized, created, existing, and acting under and by…
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Appeal from the District Court, Fourteenth Judicial District, Nevada County. The following was the complaint in this cause: “Now comes the plaintiff above named, and by leave of the Court first had and obtained, files this its amended complaint in the above entitled cause, and alleges that plaintiff is, and has been for a long time prior to the commission of the grievances hereinafter complained of, a body corporate, duly organized, created, existing, and acting under and by virtue of the laws of the State of California. “ That said plaintiff was duly organized, created, and incorporated by…
1Opinion of the Court
By the Court, Sawyer, C. J.:
There were originally two counts in the complaint, but the Court sustained the demurrer to the second, and, the plaintiff declining' to amend, entered final judgment thereon, and the trial was had on the first count only.
The count of the complaint upon which issue was joined and the trial had substantially alleges that at a time specified the plaintiff had appropriated, was the owner and in the use and enjoyment of certain water rights, privileges, and appurtenances at a point designated, on the South Yuba River, in Nevada County, with the right to divert the water…
2Cases cited17 opinions
- Curtis v. SutterCalifornia Supreme Court · 1860
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Morrison v. BowmanCalifornia Supreme Court · 1865
- Kidd v. LairdCalifornia Supreme Court · 1860
- Eddy v. SimpsonCalifornia Supreme Court · 1853
12 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
- City & County of Denver v. Northern Colorado Water Conservancy DistrictSupreme Court of Colorado · 1955
- Bailey v. TintingerMontana Supreme Court · 1912
- C.A. MacOmber v. L. M. BigelowCalifornia Supreme Court · 1899
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
35 more not listed; retrieve them via the Exa API.