McLeod v. Lee
Nevada Supreme Court
Appeal from the District Court of the I)hird Judicial Dis^ trict, Esmeralda County. The facts are stated in the opinion. I. The evidence is insufficient to justify the decision of the court. (Testimony reviewed.) II.
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Appeal from the District Court of the I)hird Judicial Dis^ trict, Esmeralda County. The facts are stated in the opinion. I. The evidence is insufficient to justify the decision of the court. (Testimony reviewed.) II. The court erred in overruling the objection of defendants to the admission of the judgment roll and findings, of the jury in the case of Lee et al. v. McLeod, because it appeared upon the face of the complaint and answer in that case, that the adjudication was upon an entirely different subject. The-description in the complaint in that action was. perfectly clear and certain. One…
1Opinion of the Court
By the Court,
Hawley, J.:
The action of Lee et al. v. McLeod, 12 Nev. 280, was brought to recover damages for an alleged unlawful diversion of the waters of Walker river by defendant, on or about the fourth of August, 1876, and to enjoin him from diverting the same to the injury of plaintiffs.
The right of plaintiffs to erect and maintain a dam in the .river was dependent upon a parol license claimed to have Been given by the defendant, and, when the cause was tried upon its merits, a judgment was rendered in favor of defendant, and this judgment was affirmed by this court. (15 Nev. 158.)
The…
2Cases cited10 opinions
- McCausland v. RalstonNevada Supreme Court · 1877
- Kohler v. Wells, Fargo & Co.California Supreme Court · 1864
- Lee v. McLeodNevada Supreme Court · 1877
- Lee v. McLeodNevada Supreme Court · 1880
- Warren v. QuillNevada Supreme Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Silverman v. SilvermanNevada Supreme Court · 1930
- Agricultural Insurance Co. of Watertown v. BiltzNevada Supreme Court · 1937
- Thomson v. CraneU.S. Circuit Court for the District of Nevada · 1896
- Reno Club, Inc. v. HarrahNevada Supreme Court · 1953
- Paterson v. CondosNevada Supreme Court · 1934
19 more not listed; retrieve them via the Exa API.