Proprietors of the Mexican Mill v. Yellow Jacket Silver Mining Co.
Nevada Supreme Court
. Appeal from the District Court of the Second Judicial District, Ormsby County. The complaint was for damages sustained by the partial destruction of a dam across Carson River, for an injunction to restrain defendant from continuing such destruction, and removing the materials, and for general relief. A restraining order having been granted, a motion was made to set it aside, which, after argument, was overruled.
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. Appeal from the District Court of the Second Judicial District, Ormsby County. The complaint was for damages sustained by the partial destruction of a dam across Carson River, for an injunction to restrain defendant from continuing such destruction, and removing the materials, and for general relief. A restraining order having been granted, a motion was made to set it aside, which, after argument, was overruled. The parties then (considering an answer regularly in) went to trial of the question whether an injunction should be granted upon the merits, which resulted in the judgment revoking…
1Opinion of the Court
By the Court,
JOHNSON, J.
An appeal is sought here from an order of a District Court refusing an injunction, pending other proceedings, in what counsel for appellant is pleased to denominate a Civil Action.
These proceedings originated with a complaint in which plaintiffs are styled thus : “ The plaintiffs, the' proprietors of the Mexican Mill, a copartnership, doing business in that name in the County of Ormsby, State of Nevada.”
The transcript does not show that any objection was taken to this pleading in the lower Court, and hence we infer that no such question' arose there. But preliminary to…
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