State Ex Rel. Smith v. Sixth Judicial District Court of the State of Nevada

OPINION

By the Court,

Taber, C. J.:

In May 1935, after due proceedings under the water law, secs. 7890-7978, N. C. L. 1929, the Sixth judicial district court in and for Humboldt County entered its “Findings of Fact, Conclusions of Law and Decree in the Matter of Determination of the Relative Rights in and to the Waters of the Little Humboldt River and Its Tributaries in Humboldt and Elko Counties.” Said decree will sometimes be referred to herein as the Car-ville decree. No appeal has ever been taken from it.

Henry McCleary Timber Company, Godchaux Cattle Company, Gerhard Miller, Sr., and Gerhard…