Legal Opinion

Walsh v. Wallace

Nevada Supreme Court

Decided January 5, 1902No. 1605PublishedCited by 31 opinions

Appeal from the Third Judicial District Court, Lander County; A. L. Fitzgerald and W. D. Jones, Judges. Suit by Patrick Walsh and others against D. T. Wallace and others. Decree for plaintiffs. Defendants appeal. The facts sufficiently appear in the opinion. I. No watercourse, either surface or subterranean, is established by the evidence. No connection between the waters claimed by the plaintiffs and those appropriated by the defendants is shown by the proofs.

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Appeal from the Third Judicial District Court, Lander County; A. L. Fitzgerald and W. D. Jones, Judges. Suit by Patrick Walsh and others against D. T. Wallace and others. Decree for plaintiffs. Defendants appeal. The facts sufficiently appear in the opinion. I. No watercourse, either surface or subterranean, is established by the evidence. No connection between the waters claimed by the plaintiffs and those appropriated by the defendants is shown by the proofs. It is well settled that a watercourse consists of bed, banks and water. It is not contended that the flow of water must be…

1Opinion of the Court

The facts sufficiently appear in the opinion. The preliminary motion to strike out the statement, interposed by respondents in the district court and renewed in this court, involves the construction of a stipulation between the parties entered into on the day the findings were filed and the judgment rendered.

The stipulation, inter alia, provides that all proceedings in the action shall be stayed until the 30th day of November, 1900, and that within forty days thereafter the appellants may make application for additional findings, file and serve notice of intention to move for a new trial, and…

2Cases cited30 opinions

  1. Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
  2. Simmons v. WintersOregon Supreme Court · 1891
  3. Watson v. SutroCalifornia Supreme Court · 1890
  4. Larimer County Reservoir Co. v. People ex rel. LutheSupreme Court of Colorado · 1885
  5. Insurance Co. v. HarrisSupreme Court of the United States · 1878

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3Cited by31 opinions

  1. Rupert Ex Rel. Rupert v. StienneNevada Supreme Court · 1974
  2. Hough v. PorterOregon Supreme Court · 1909
  3. Application of FilippiniNevada Supreme Court · 1949
  4. Hutchinson v. Watson Slough Ditch Co.Idaho Supreme Court · 1909
  5. Puerto Rico Glass Corp. v. Tribunal Superior de Puerto RicoSupreme Court of Puerto Rico · 1975

26 more not listed; retrieve them via the Exa API.

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