Bernard v. Metropolis Land Co.
Nevada Supreme Court
Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge. Action by Alphonse Bernard against the Metropolis Land Company, a Corporation. From an order overruling his demurrer to an affirmative answer, and from a judgment entered on the pleadings, plaintiff appeals.
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Appeal from Sixth Judicial District Court, Humboldt County; Edward A. Ducker, Judge. Action by Alphonse Bernard against the Metropolis Land Company, a Corporation. From an order overruling his demurrer to an affirmative answer, and from a judgment entered on the pleadings, plaintiff appeals. The decision of the lower court should be reversed because it was error to overrule the demurrer of the appellant to that part of defendant’s answer wherein new matter was alleged as affirmative and separate defenses, and especially in overruling the demurrer to defendant’s second affirmative and separate…
1Opinion of the Court
By the Court,
McCarran, J.:
This is an appeal from an order overruling a demurrer to an affirmative answer, and from a judgment entered on the pleadings.
The record before us presents a complaint in which certain allegations essential to plaintiff’s recovery were set forth. First, that he is an appropriator of water from the Humboldt River; that such appropriation was during the continuous period of thirty years; that Bishop Creek is and constitutes the headwaters of Humboldt River; that Bishop Creek and Humboldt River constitute one. continuous natural watercourse; that the waters of Humboldt…
2Cases cited25 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Behrensmeyer v. KreitzIllinois Supreme Court · 1891
- Lash v. RendellIndiana Supreme Court · 1880
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Jensen v. DorrCalifornia Supreme Court · 1911
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