Orr Water Ditch Co. v. Reno Water Co.
Nevada Supreme Court
Appeal from the District Court of the Seventh Judicial District, Washoe County. The facts are stated in the opinion. I. Plaintiff can have no relief not warranted by the pleadings. (1 Comp. Laws, 1211; Marshall v. Golden Fleece, 16 Nev. 156, 173, 174; Martin v. Mátfield, 4¿ Cal. 44; Bliss on Code PL, see. 164; Corry v. Gaynor, 21 Oh. St. 277; Swan v. Smith, 13 Nev. 260.) He must recover according to the case made by the complaint, or not at all.
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Appeal from the District Court of the Seventh Judicial District, Washoe County. The facts are stated in the opinion. I. Plaintiff can have no relief not warranted by the pleadings. (1 Comp. Laws, 1211; Marshall v. Golden Fleece, 16 Nev. 156, 173, 174; Martin v. Mátfield, 4¿ Cal. 44; Bliss on Code PL, see. 164; Corry v. Gaynor, 21 Oh. St. 277; Swan v. Smith, 13 Nev. 260.) He must recover according to the case made by the complaint, or not at all. The proofs must correspond- with the pleadings. No recovery can be had upon the proofs alone. II. The complaint in this case is in form and substance…
1Opinion of the Court
By the Court,
Leonard, J.:
Under tbe laws of this state plaintiff was incorporated December 20, 1875, and defendant, June 6, 1874. It is alleged in the complaint that heretofore, to wit, on or about the twentieth day of March, 1875, the said defendants, by its officers in such behalf duly authorized, contracted in writing to keep in repair, at its own proper cost and expense, that certain water-ditch of the plaintiff, known as the “ Orr Ditch,” in consideration of the use, for á specified period, of a portion of the water flowing and to flow through such ditch; that during the years 1876, 1877,…
2Cases cited4 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Wright v. . HookerNew York Court of Appeals · 1854
- Requa v. HolmesNew York Court of Appeals · 1863
- Orr Water Ditch Co. v. Reno Water Co.Nevada Supreme Court · 1882
3Cited by1 opinion
- Michigan Slate Co. v. Iron Range & Huron Bay RailroadMichigan Supreme Court · 1894