Legal Opinion

Dick v. Bird

Nevada Supreme Court

Decided January 15, 1879No. 903PublishedCited by 4 opinions

Appeal from tbe District Court of tbe Sixth Judicial District, White Pine County. The facts sufficiently appear in tbe opinion. I. The decree in this case is void for uncertainty. It is essential to tbe validity of any decree or judgment that it should show with reasonable certainty the nature and extent of the relief granted. (Freeman on Judgments, sec. 50; 1 Bailey (S. 0.) 7; 16 Iowa, 47; Honoré v. Colmesnil, 1 J. J. Marsh. 525.) II.

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Appeal from tbe District Court of tbe Sixth Judicial District, White Pine County. The facts sufficiently appear in tbe opinion. I. The decree in this case is void for uncertainty. It is essential to tbe validity of any decree or judgment that it should show with reasonable certainty the nature and extent of the relief granted. (Freeman on Judgments, sec. 50; 1 Bailey (S. 0.) 7; 16 Iowa, 47; Honoré v. Colmesnil, 1 J. J. Marsh. 525.) II. The testimony shows an adverse, open, continuous, notorious, and exclusive possession' by appellants of the land described in their answer, and the water…

1Opinion of the Court

By the Court,

Beatty, C. J.:

This is a suit in.equity to determine the order of priority among numerous appropriators of the waters of Duck creek, in White Pine county.

Two of the defendants, Bird & Fitzhugli, moved for a new trial on the grounds: First, that the evidence was insufficient to justify the findings of the court to the effect that their appropriation was subsequent to the appropriations found to have been made by the plaintiffs and their co-defendant, Horton; and second, that the decision of the court was against law, because it was clearly proven upon the trial that they (Bird &…

2Cases cited1 opinion

  1. Senter v. De BernalCalifornia Supreme Court · 1869

3Cited by4 opinions

  1. Union Mill & Mining Co. v. DangbergU.S. Circuit Court for the District of Nevada · 1897
  2. Anderson v. BassmanU.S. Circuit Court for the District of Northern California · 1905
  3. Lamance v. ByrnesNevada Supreme Court · 1882
  4. State v. ScottNevada Supreme Court · 1914

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