Mosier v. Caldwell
Nevada Supreme Court
Appeal from the District Court Of the Eighth Judicial District, White Fine County. Four different actions were commenced by the plaintiffs, Samuel Mosier and M. Gpptil, two at law and two in equity.
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Appeal from the District Court Of the Eighth Judicial District, White Fine County. Four different actions were commenced by the plaintiffs, Samuel Mosier and M. Gpptil, two at law and two in equity. In one action, plaintiffs demanded damages in the sum of $100 against James Wilson, and in another, damages in the sum of $385 against Edwin Caldwell and Albert Caldwell, for diversion of water from their spring, at Hamilton City, in' May, 1869. The other two actions were against the same defendants respectively, to restrain a continuance of the alleged diversion. By consent of attorneys, the…
1Opinion of the Court
*366By the Court,
Whitman, J.:
Appellants brought actions against Edwin Caldwell and Albert Caldwell, codefendants, and James Wilson. As the facts were similar in both cases, the judgment in one was agreed as the judgment in the other, and the cases are brought here substantially as one. The actions were at law for damages for stopping the flow of water to appellants’ spring; and in equity to restrain a continuance of the wrong.
The appellants proved the appropriation, possession and use of a spring of running water upon land occupied by them from May, 1868; the digging of wells by respondents upon…
2Cases cited1 opinion
- Trustees & Inhabitants of Delhi v. YoumansNew York Supreme Court · 1867
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