Rivers v. Burbank
Nevada Supreme Court
Appeal from the District Court of the Eighth Judicial District, Esmeralda County. The facts appear in the opinion. I. The perpetual injunction must be dissolved. {Thorne v. Sweeney, 12 Nev. 251 and cases cited; 5 Cal. 119; 7 Johns. Ch. 331; 12 Eng. Oh. 165; 17 N. H. 137.) II. This land is a part of the public domain, and Burbank had the right, under the act of congress of July 26, 1866 (sec. 2339 Bev. Stat. U. S.), to construct the ditch for agricultural purposes.
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Appeal from the District Court of the Eighth Judicial District, Esmeralda County. The facts appear in the opinion. I. The perpetual injunction must be dissolved. {Thorne v. Sweeney, 12 Nev. 251 and cases cited; 5 Cal. 119; 7 Johns. Ch. 331; 12 Eng. Oh. 165; 17 N. H. 137.) II. This land is a part of the public domain, and Burbank had the right, under the act of congress of July 26, 1866 (sec. 2339 Bev. Stat. U. S.), to construct the ditch for agricultural purposes. At the time of the alleged trespass, plaintiff was not in tlis actual, open and notorious possession of tlie land. (4 Nev. 66 and…
1Opinion of the Court
By the Court,
Leonard, J.:
This is an appeal from an order refusing to dissolve a temporary injunction — an order denying defendants’ motion for a new trial, and from the judgment. The action was brought to recover eight hundred dollars damages for an alleged trespass in digging a ditch over and upon the land described in the complaint, and running water therein. Plaintiff also prayed the court to enjoin the defendants from digging said ditch, from conducting water therein, and from committing any further damages upon the land described. The defendants were enjoined until further order of the…
2Cases cited6 opinions
- Thorn v. SweeneyNevada Supreme Court · 1877
- Staininger v. AndrewsNevada Supreme Court · 1868
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- Eureka Mining & Smelting Co. v. WayNevada Supreme Court · 1876
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