Authors v. Bryant
Nevada Supreme Court
Appeal from judgment and order overruling motion for a new trial from District Court, Ormsby county; A. E. Cheney, District Judge, presiding: The facts are sufficiently stated in the opinion. • This action is to try the right to the waters of Mill Station creek, and for an injunction to prevent future diversion.
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Appeal from judgment and order overruling motion for a new trial from District Court, Ormsby county; A. E. Cheney, District Judge, presiding: The facts are sufficiently stated in the opinion. • This action is to try the right to the waters of Mill Station creek, and for an injunction to prevent future diversion. The complaint alleges ownership and right of use in plaintiff, by appropriation made in 1860. The answer denies plaintiff’s ownership,, and alleges ownership and right of use in defendants Elizabeth Bryant and Eophemia Bryant, by appropria.-' tion, made in 1860, and “ that ever since…
1Opinion of the Court
By the Court,
Murphy, C. J.:
‘This is an action to try the right to the use of the waters of Mill Station creek, and for an injunction to prevent the future diversion of the same. Judgment went for the defendants, from which plaintiff appeals. ' I'..’:-. The complaint alleges ownership of the water through -an appropriation made by plaintiff’s grantor in the year 18.60 for the irrigation of certain lands. The answer denies the plaintiff’s ownership and appropriation, and alleges ownership in the defendants through an appropriation made by their grantors in the year 1860 for the irrigation of…
2Cases cited2 opinions
- Cave v. CraftsCalifornia Supreme Court · 1878
- Alta Land & Water Co. v. HancockCalifornia Supreme Court · 1890
3Cited by17 opinions
- Application of FilippiniNevada Supreme Court · 1949
- Walsh v. WallaceNevada Supreme Court · 1902
- Franktown Creek Irrigation Co. v. Marlette Lake Co.Nevada Supreme Court · 1961
- Wellsville East Field Irr. Co. v. Lindsay Land & Livestock Co.Utah Supreme Court · 1943
- White v. Wheatland Irrigation DistrictWyoming Supreme Court · 1966
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