Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1875-08-19

town Of Carson to supply the people Of
Carson City with water q large portion.
to wit : about forty inches G: the water
Of said stream.
>. In the said cause Of Phillips W..
WEIGH ct ais. said Sseeney answered and
defended, asserting and claiming right
to divert from said sresul, ,y means Of
pipes and tnmes. Il portion. 10 VII ::
eight inches, of the waters OF said stream
and conduct the same by meane Of pipes
and fumes away from said stream to the
town Of Carson, which claim Of right
was litigated in said cause, and was not
allowed by the Court.
,. At the several dates Aforesaid. to
wit July 1st. 2Sth and 22tb, A. d. 1875,
the plaintiff Phillips was seized Of the
land and water privilege described in the
proceedings herein. and required and
needed and WAS entitled to have flow to
and upon his said land and to use the
same in the manner and for tho purposes
specified in the decree. thirty-one one
hundredth parts OF all the water flowing
in said stream and at tho several dates
aforesaid. to wit : July LIST. 2Sth and
18th, A. ID. 1875, said Phillips and his
said land was deprived C! tie water
which was awarded to said land BY said
decree. and no water. except small
quantity Of sipaes water, was flowing 10
the land Of said Phillips and said land
and the crops growing thereon was
thereby injured, and the right of said
Philips was thereby violated.
4. 1t The several dates aforesaid. to
Wit July Let. 2sth and goth, A. d. 1915.
while said Sweeney vas divertine said
quantity O! water away from the stream
and away from the land Of said Phillips
TO Carson for sale t. customers, the said
land described 10 the answer Of Sweeney
- belonging to defendant Z. D. Sweeney,
and which land was iecreed sixteen one
hundredth parts Of the water q said
stream for irrigation and domestic pur-
poses, Was Occupied and cultivated by
one James Authors 40 the tenant Of said
Sweeney. under . written lease. which
lease granted the said land to said Au-
theirs, with ont reservation oof the water.
for five years from January lst. A. d.
1873 and said Authors was st said sew
.ral dates using the waters Of said stream
which VS. dscrsed to said land to irri-
gate the Sane.
). At the several dates aforesaid. to
Wit: July lst, 2Sth and 2sth. 4. ID. 1873.
the said land known - the Quill land
and described in the answsr Of said Quill
and in the decree a. the land OF Defend
ant Quill was being occupied and cult
waited, and all the water awarded to said
Quill in connection with said land to
irrigate the same vas being diverted
upon and used in irrigatins the same.
Wherefore it 10 now and here consider
Cd and sdjudEed by the Court that the
L. d. Sweeney has been
guilty Of the misconduct alleged against
him in the proceedings herein, TO Wit:
the wilful violation Of the order, decree
and injunction made and entered in said
cause -and that said misconduct Vas
calculated to. aud did defeat, impair
md prejudice the rights Of the said
in said action Of II. =. Phillips
70. VIM. WelcL ct al awarded TO him by
he decree and was calculated 10 aud did
injure the said land Of the said Phillips
md the crops Of the said plaintiff grow
ing thereon, and Was calculated to and
lid damage the said Phillips.
And it 10 nov and here considered,
ordered and adjudged that ssid L. d.
Sweeney has been guilty Of contempt Of
court, and that he be fnsd in the sum OF
sns hundred dollars.
s. II. WEIGHT,
n,stv;,t Ip1os