Ormsby County v. Kearney
Nevada Supreme Court
No. 2107. Original proceeding in prohibition by Ormsby County to prohibit the State Engineer from proceeding under the water law of 1913 (Stats. 1913, c. 140) to determine the relative rights of the appropriators and users of waters of Clear Creek. No. 2115. Appeal from the Sixth Judicial District Court, Humboldt County; Edwin A. Ducker, Judge.
Read the full summary
No. 2107. Original proceeding in prohibition by Ormsby County to prohibit the State Engineer from proceeding under the water law of 1913 (Stats. 1913, c. 140) to determine the relative rights of the appropriators and users of waters of Clear Creek. No. 2115. Appeal from the Sixth Judicial District Court, Humboldt County; Edwin A. Ducker, Judge. Suit by Johannes Anderson and others against W. M. Kearney, as State Engineer, to restrain him from taking proceedings under the water law of 1913 (Stats. 1913, c. 140), to determine the right of complainants and others to appropriations of the water…
1Concurring in part, dissenting in part
McCarran, J.,
concurring in the order in Case No. 2115; dissenting in Case No. 2107:
I concur in the order, as made applicable to case No. 2115, entitled Anderson, et al., v. Wm. M. Kearney, in so far as its force extends, but, inasmuch as it only partially affirms the order of the lower court, I contend that it should go farther to the extent of a complete affirmance of that order. But it must not be understood that I concur in the opinion leading up to the order made.
The question of the constitutionality of the several sections of the water law of 1918 was, in my judgment, submitted to this…
2Cases cited35 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Broder v. Water Co.Supreme Court of the United States · 1879
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- Crawford Co. v. HathawayNebraska Supreme Court · 1903
- People v. . DunnNew York Court of Appeals · 1899
30 more not listed; retrieve them via the Exa API.