Berry v. Equitable Gold Mining Co.
Nevada Supreme Court
Appeal from the District Court of the First Judicial District of tbe State of Nevada, Storey County; M. A. Murphy, Judge. Action by T. Berry, et al., against The Equitable Gold Mining Company. From a judgment in favor of plaintiffs, and from an order overruling defendant’s motion to set it aside, defendant appeals. Motion .to dismiss appeal. Judgment set aside. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the First Judicial District of tbe State of Nevada, Storey County; M. A. Murphy, Judge. Action by T. Berry, et al., against The Equitable Gold Mining Company. From a judgment in favor of plaintiffs, and from an order overruling defendant’s motion to set it aside, defendant appeals. Motion .to dismiss appeal. Judgment set aside. The facts sufficiently appear in the opinion. I. We believe the direct questions: Whether, under our practice adt, a plaintiff can in his complaint join with a legal an equitable demand, and, if so, how should such a case be tried?…
1Opinion of the Court
By the Court,
Talbot, C. J.:
The plaintiffs brought this action by a complaint alleging that the water of a spring had been appropriated by Jack Shepard and by him deeded to them, and demanded an injunction perpetually enjoining the defendant from interfering therewith. The case was tried by a jury, which brought in a verdict "in favor of the plaintiffs,” and found special *455issues, and among these that Shepard had appropriated twenty gallons per day of the water. At the time of returning the general verdict the jury had omitted to find upon the special issues which had been submitted to them,…
2Cases cited3 opinions
- Jerrett v. MahanNevada Supreme Court · 1888
- Duffy v. MoranNevada Supreme Court · 1877
- State ex rel. Equitable Gold Mining Co. v. MurphyNevada Supreme Court · 1907
3Cited by3 opinions
- Deck v. DeckSupreme Court of Georgia · 1942
- TIRIKOS VS. DIST. CT. (STATE)Nevada Supreme Court · 2015
- TIRIKOS VS. DIST. CT. (STATE)Nevada Supreme Court · 2015