Smith v. Wells Estate Co.
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; John 8. Orr, Judge. Action by G-. M. Smith against The Wells Estate Company. From an order dismissing his amended complaint, plaintiff appeals, and defendant moves to dismiss the appeal. .The facts sufficiently appear in the opinion.
Read the full summary
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; John 8. Orr, Judge. Action by G-. M. Smith against The Wells Estate Company. From an order dismissing his amended complaint, plaintiff appeals, and defendant moves to dismiss the appeal. .The facts sufficiently appear in the opinion. I.The court erred in entering the order to sustain defendant's motion to strike plaintiff’s amended complaint from the flies of the court, for the reason that said amended complaint has one and the same parties plaintiff, and it states identically two of the same…
1Opinion of the Court
By the Court,
Talbot, C. J.:
The motion to dismiss the appeal and the merits in this case may be more conveniently understood and considered together,
The appellant, G-. M. Smith, with P. W. Nicholson, T. J. Pickett, and his wife, Mary M. Pickett, filed a complaint against The Wells Estate Company, a corporation, in the court below, alleging Smith to be the owner in fee of ten lots, together with one and one-half miners’ inches of water in the S. O. Wells ditch, in McCormick’s Addition'to the City of Eeno, and that he is in possession of these lots and entitled to the possession of this water;…
2Cases cited27 opinions
- Kingsbury v. BucknerSupreme Court of the United States · 1890
- State v. LarkinNevada Supreme Court · 1876
- Johnson v. Wells, Fargo & Co.Nevada Supreme Court · 1870
- State v. McLaneNevada Supreme Court · 1880
- Thompson v. LeaSupreme Court of Alabama · 1856
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hartford Mining Co. v. Home Lumber & Coal Co.Nevada Supreme Court · 1940
- Botsford v. Van RiperNevada Supreme Court · 1910
- Henningsen v. Tonopah & Goldfield RailroadNevada Supreme Court · 1909
- Mexican Dam & Ditch Co. v. SchultzNevada Supreme Court · 1921
- Radovich v. Western Union Telegraph Co.Nevada Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.