Wright v. Carson Water Co.
Nevada Supreme Court
Appeal from the District Court of the' Staie of Nevada, Ormsby county; Richard Rising, District Judge. The facts sufficiently appear in-the opinion.
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Appeal from the District Court of the' Staie of Nevada, Ormsby county; Richard Rising, District Judge. The facts sufficiently appear in-the opinion. I. It is not a question in this- appeal as-to‘whether or not the 'decision -of a majority- of the court in the former appeal (Edioards -v. Carson Water Co., 21 Nev. 469) is good' law, or as to whether or not this court-in subsequent oases involving the same legal questions and principles will be-bound by it, - but we claim and insist that this court is bound by the decis- ■ ion of the former court involving the same legal question and principle…
1Opinion of the Court
By the Court,
Bonnieield, J.:
A petition for rehearing was filed by the appellants in which it is claimed that they introduced on the second trial testimony pertinent to the issue raised by the pleadings, showing an entirely different state of facts from that shown at the first trial, by which they contended that the case is taken out of the rule of res judicata, and they ask to be heard on the matter in argument before the court.
The rehearing was granted. We held before, and still hold, that the legal questions and principles which arose and were decided on the former appeal, whether they were…
2Cases cited3 opinions
- Scott v. Middletown, Unionville & Water-Gap RailroadNew York Court of Appeals · 1881
- Yellow Jacket Silver Mining Co. v. StevensonNevada Supreme Court · 1869
- Wright v. Carson Water Co.Nevada Supreme Court · 1895
3Cited by4 opinions
- Crosman v. Southern Pacific Co.Nevada Supreme Court · 1921
- Nevada National Bank v. Gold Star Meat CompanyNevada Supreme Court · 1973
- Lanigir v. ArdenNevada Supreme Court · 1969
- First National Bank v. AbelNevada Supreme Court · 1936