Legal Opinion

Bonelli v. Jones

Nevada Supreme Court

Decided April 5, 1901No. 1603PublishedCited by 10 opinions

Appeal from tbe Fourth Judicial District Court, Lincoln County; Q. F. Talbot, Judge. Action by B. F. Bonelli against T. J. Jones and another. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. The facts sufficiently appear in the opinion. I. The complaint as amended is insufficient.

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Appeal from tbe Fourth Judicial District Court, Lincoln County; Q. F. Talbot, Judge. Action by B. F. Bonelli against T. J. Jones and another. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. The facts sufficiently appear in the opinion. I. The complaint as amended is insufficient. It alleges, of four hundred inches of water, ownership, possession, and constant use since February 12, 1872, appropriation by survey, need, and appurtenance to certain lands. Ownership of property in general may be declared as a fact or as a con-' elusion of law, but,…

1Opinion of the Court

By the Court,

Massey, C. J.:

This appeal is taken from a judgment and an order.

The respondent asks us to dismiss both appeals. The appellants confess the motion as to the appeal from the judgment, and resist the motion as to the appeal from the order.

By the judgment the respondent was awarded 240 square inches, under six-inch pressure, of the waters of the Muddy river, flowing through certain ditches therein named, for the purpose of irrigation. The appellants interposed a motion for a new trial, based upon a statement. On the 17th day of December, 1900, the court ordered "that if written…

2Cited by10 opinions

  1. Drummond v. Mid-West Growers Cooperative Corp.Nevada Supreme Court · 1975
  2. Harrington v. Butte, Anaconda & Pacific Railway Co.Montana Supreme Court · 1909
  3. Chapman v. Municipal CourtCalifornia Court of Appeal · 1949
  4. Hahn v. YackleyNevada Supreme Court · 1968
  5. Ex Parte SmithSupreme Court of Alabama · 1934

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