Lamance v. Byrnes
Nevada Supreme Court
Appeal from tbe District Court of the Fourth Judicial District, Humboldt County. The facts are sufficiently stated, in the opinion, I. The cause having been tried upon issues joined between the parties, and submitted to the court upon the pleadings and proofs for decision, it was the imperative duty of the court to decide it upon its merits; and the court had no power to dismiss the action without such decision upon the merits. (Civil Pr. Act, sec. 157; Nash.
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Appeal from tbe District Court of the Fourth Judicial District, Humboldt County. The facts are sufficiently stated, in the opinion, I. The cause having been tried upon issues joined between the parties, and submitted to the court upon the pleadings and proofs for decision, it was the imperative duty of the court to decide it upon its merits; and the court had no power to dismiss the action without such decision upon the merits. (Civil Pr. Act, sec. 157; Nash. PL & Pr., 564; Draper v. Moore, 2 C. S. C. R., 167; Freeman on Judg., sec. 261; Elwell v. McQueen, 10 Wend. 522; Chamberlain v.…
1Opinion of the Court
By the Court,
Hawley, J.:
This action was brought to recover damages for the alleged wrongful diversion of the waters of Cottonwood creek, by defendants, and for an injunction.
Plaintiffs, as the owners of large tracts of land in Paradise valley, and of a certain water ditch, claim, in their complaint, to be the prior appropriators of the waters of the creek, and, among- other things, alleg-e that in 1878 they recovered a judgment against defendants for eight-twelfths of the water; that in violation of plaintiffs’ established rights the defendants, since the rendition of said judgment, have…
2Cases cited3 opinions
- Caldwell v. GreelyNevada Supreme Court · 1869
- Dick v. BirdNevada Supreme Court · 1879
- Elder v. ShawNevada Supreme Court · 1877
3Cited by5 opinions
- Noble v. NobleNevada Supreme Court · 1970
- Fenkell v. FenkellNevada Supreme Court · 1970
- Rehling v. BrainardNevada Supreme Court · 1914
- Sweeney v. HjulNevada Supreme Court · 1897
- Earles v. GilhamNevada Supreme Court · 1887