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Bidleman v. Short

July 1915

GEORGE R. BIDLEMAN, WILLIAM E. BIDLEMAN, JANE JONES (A WIDOW), AND EMMA J. WILLIAMS (A WIDOW), APPELLANTS, V. WILLIAM C. SHORT AND LUCY B. SHORT (HIS WIFE), RESPONDENTS.


Appeal from Second Judicial District Court, Washoe County; John S. Orr, Judge.

Summerfield & Richards and J. T. Boyd, for Appellants.

George Springmeyer, for Respondents.

By the Court, Norcross, C. J.:

This is an appeal from a judgment for costs in favor of defendants, respondents herein, following an order sustaining a demurrer to appellant's complaint.

The complaint alleged:

That the plaintiffs Bidleman and their predecessors in interest, for more than ten years last past, have been the owners and in the possession of certain land in Washoe

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County, particularly describing the same, together with certain waters and water rights appurtenant thereto and thereunto belonging, subject to certain interests therein of the plaintiffs Jones and Williams.

That plaintiffs have maintained and operated certain ditches upon said real property for the purpose of irrigating the same and draining the surplus and waste waters therefrom to and into a certain ditch commonly known and called the “Jones Ditch,” through and by means of which said ditch the said surplus and waste waters have been conducted to and upon the lands of the plaintiffs Jones and Williams (particularly describing the same) for the purpose of irrigating the same.

That for more than ten years last past plaintiffs Jones and Williams have been the owners and entitled to the exclusive possession of all and singular the said surplus and waste waters and entitled to have the same conducted from said real property of the plaintiffs Bidleman to and into the said “Jones Ditch,” and through and by means thereof into the said lands of plaintiffs Jones and Williams for the purpose of irrigating the same, and are entitled to enter upon the said lands of plaintiffs Bidleman for the purpose of constructing, maintaining and operating thereon such dams, ditches, and other instrumentalities, as may be necessary to cause such surplus and waste waters to be and to have the same conducted to and into the said “Jones Ditch” and onto the said lands of plaintiffs Jones and Williams.

That on or about the _____ day of May, 1911, and during various and sundry times during the years 1910 and 1911, the defendants wrongfully, willfully, and unlawfully, and without the consent of the plaintiffs Bidleman, did then and there interfere with and cut and open the ditches therein mentioned and operated as aforesaid, and did then and there by means of cuts, dams, and other contrivances, divert therefrom and from the lands of the plaintiffs Jones and Williams the surplus and waste waters aforesaid, to artificial channels by defendants constructed, maintained, and operated, and did then and

[38 Nev. 467, Page 470]

there wrongfully, willfully, and unlawfully, and without the consent of plaintiffs, appropriate and convert to their own use such surplus and waste waters and so prevent and preclude plaintiffs Bidleman from delivering to and plaintiffs Jones and Williams from receiving for the purposes of irrigation the said surplus and waste waters and the free use and enjoyment thereof.

That defendants claim the right and threaten to, and, unless restrained by court process, will, continue, wrongfully, willfully, and unlawfully, and without plaintiffs' consent, to enter in and upon the said lands of plaintiffs Bidleman to then and there interfere with and cut and open the ditches therein maintained and operated as aforesaid, and to then and there by means of cuts, dams, and other contrivances, divert therefrom and from the said lands of plaintiffs Jones and Williams the said surplus and waste waters to artificial channels by defendants constructed, maintained, and operated, and continue wrongfully, willfully, and unlawfully, and without plaintiffs' consent, to appropriate and convert to their own use such surplus and waste waters, and so prevent and preclude plaintiffs Bidleman from delivering and plaintiffs Jones and Williams from receiving in and upon ...


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