Anderson Land & Stock Co. v. McConnell
U.S. Circuit Court for the District of Nevada
In Equity. On demurrer to bill. This is a suit in equity to enjoin the diversion of water by defendants from Quin river and Twelve Mile creek, in Humboldt county, Nev. The complaint, among other averments, alleges: That complainant is, and that its grantors ever since 1869 have been, the owners of certain agricultural lands-, known as the “Anderson Ranch,” particularly describing it by metes and bounds.
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In Equity. On demurrer to bill. This is a suit in equity to enjoin the diversion of water by defendants from Quin river and Twelve Mile creek, in Humboldt county, Nev. The complaint, among other averments, alleges: That complainant is, and that its grantors ever since 1869 have been, the owners of certain agricultural lands-, known as the “Anderson Ranch,” particularly describing it by metes and bounds. “(5) That Quin river and Twelve Mile creek (the latter being a tributary of the former) are natural surface streams of water, which have, save when wrongfully diverted, from time immemorial…
1Opinion of the Court
HAWLEY, District Judge (orally).
Nearly all the points raised by the demurrer herein are controlled by the principles announced by this court in Miller & Lux v. Rickey, 127 Fed. 573, 581, et seq. The complaint in this case is the opposite of the complaint in that case, in this: that in that case the pleader sought to make his averments as brief as possible, and left out certain allegations that would have been proper — in order to have avoided the points raised by the demurrer — while here the pleader elaborated his averments to an unnecessary extent, and inserted more than was necessary.…
2Cases cited5 opinions
- Barnes v. SabronNevada Supreme Court · 1875
- United States Freehold Land & Emigration Co. v. GallegosCourt of Appeals for the Eighth Circuit · 1898
- Miller & Lux v. RickeyU.S. Circuit Court for the District of Nevada · 1904
- Brown v. AshleyNevada Supreme Court · 1881
- King v. StuartU.S. Circuit Court for the District of Western Virginia · 1897