Sherman v. Dilley
Nevada Supreme Court
Appeal from the District Court of the Third Judicial District, Lyon County, Hon. Wm. Haydon, presiding. The facts are stated in the opinion. cited Reynolds v. Harris, 14 Cal. 678; Gray and others v. Dougherty et al., 26 Cal. 266, and Carpenter v. Schmidt, 26 Cal. 479, as to the force and effect of the former judgment.
1Opinion of the Court
Opinion by
Lewis, J., Beatty, C. J.,
concurring.
By the former opinion of a majority of the Court in this case, the judgment of the lower Court was reversed, and a new trial ordered. Upon further examination of the authorities, however, I am satisfied that we were incorrect in our conclusions, and that the judgment of the lower Court must be affirmed.
The action was brought to obtain an injunction restraining the defendant from diverting a certain stream of water from premises claimed by the plaintiff; and also to recover the sum of one thous- and dollars as damages for the diversion complained…
2Cases cited1 opinion
- Caperton v. SchmidtCalifornia Supreme Court · 1864
3Cited by14 opinions
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Rogers v. HatchNevada Supreme Court · 1872
- Silverman v. SilvermanNevada Supreme Court · 1930
- Edwards v. GhandourNevada Supreme Court · 2007
- Elizabethport Cordage Co. v. WhitlockSupreme Court of Florida · 1896
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