Jerrett v. Mahan
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Elko County. A. L. Fitzgerald, District Judge. ■ The facts are sufficiently stated in the opinion. I. The plaintiff’s motion for judgment should have been denied for laches, negligence and inexcusable delay. The principle of law is universal that all rights of action may be lost by a lack of diligence in asserting them.
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Appeal from the District Court of the State of Nevada, Elko County. A. L. Fitzgerald, District Judge. ■ The facts are sufficiently stated in the opinion. I. The plaintiff’s motion for judgment should have been denied for laches, negligence and inexcusable delay. The principle of law is universal that all rights of action may be lost by a lack of diligence in asserting them. The case at bar is one of the most proper cases for the application of the doctrine which could possibly arise. It is no excuse for the plaintiff in this case that the judge, before whom the case was tried, had died…
1Opinion of the Court
By the Court,
Leonard, C. J.:
This is an action to recover. damages for the alleged wrongful diversion and use of the waters of Niagara creek, and the three southernmost branches of Snow creek, described in the complaint, and for equitable relief against further diversion.
In his answer defendant prays for a decree adjudging to him the right to use the waters of Snow creek, or a sufficient quantity thereof to irrigate so much of his land as may be irrigated by said waters; that his right to so much of the waters of Niagara creek as he had diverted through “ Mahan’s Hitch ” be adjudicated…
2Cases cited11 opinions
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Natoma Water & Mining Co. v. ClarkinCalifornia Supreme Court · 1860
- Jones v. AdamsNevada Supreme Court · 1885
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- Cranmer v. McSwordsWest Virginia Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Dusbabek v. BowersSupreme Court of Oklahoma · 1934
- Miller & Lux v. RickeyU.S. Circuit Court for the District of Nevada · 1904
- General Accident, Fire & Life Assurance Corp. v. CohenSupreme Court of Colorado · 1923
- Industrial Loan & Thrift Corp. v. BensonSupreme Court of Minnesota · 1945
- Wallace Grain & Supply Co. v. CaryIllinois Supreme Court · 1940
16 more not listed; retrieve them via the Exa API.