The silver state. [volume] (Unionville, Nev.) 1870-1903, 1893-07-26
JUDGMENT AND deer ZEE.
Plaintiffs Rights Maintained and an In
junction Granted.

NCSItO VI OliC tAicUi itb tOhi LII tilC NdSC
Of John Harrison, es. al, VS.. w. G.
Pitt, ct. al:
This cause came on regularly for
trial on former day of the term of
court and was tried by the court sit
ting without jury, jury having
been expressly waived by the respec-
tive parties in open court. M. S.
Bonnifield, Esq, appeared for the
plaintiffs, and Messrs. Baker, Wines
and Dorsey, esquires, appeared for
the defendants. Oral and document
airy evidence was introduced by the
RESPECTIVE parties; and after argument
of the attorneys of the respective
parties the case was submitted to the
court for its judgment and decision.
After due consideration and being
fully advised in the premises the
court rendered its decision in writing
and filed herein its findings OF facts
and conclusions of law to the effect:
That the plaintiffs, as tenants in COM
mon, have the prior right, as to the
defendants. to the use of the flow of
the waters of Humboldt river to the
extent and amount of twenty-five (22)
cubic feet per second of time, when
ever the same may be necessary for
the irrigation of the lands of the
plaintiffs and for domestic purposes;
the same to be measured at or near
!. the headgate of plaintiffs main ditch,
or where the same may be diverted
from the Humboldt river. That the
defendants are junior appropriations
of the waters of said river above the
plaintiffs point OF diversion and
threaten to deprive the plaintiffs OF
their prior rights in seasons when
water is scarce and not sufficient for
both parties, and to ripen said junior
right into a superior right by pre-
scription. As conclusions of law:
That the plaintiffs are entitled to
Judgment and decree of the court
adjudging and decreeing that the
plaintiffs, as tenants in common, have
the prior right, as against the defend
ants and their grantees, TO the flow
Of the waters Of the Humboldt river
in said county to the extent and
amount of twenty-five coy cubic feet
per second of time, to be measured at
or near the headgate of plaintiffs
main ditch, or wherever the same
may be diverted from the Humboldt
river, whenever the same is necessary
for the irrigation of their several
lands or for domestic purposes, and
TO an injunction forever restraining
the defendants, their agents and SER
wants and grantees from in any man
ner interfering with or interrupting
the plaintiffs, their agents and SER
wants or grantees in the use of such
% cubic feet of the flow aforesaid or
any part thereof, and that the plant
Ms are entitled to judgment for their
1costs of suit, and judgment and decree
was ordered to be entered accordingly.
Wherefore, by reason of the law
and the premises, the findings and
order of the court aforesaid, it is
considered, ordered, adjudged and
decreed by the court that the plant
ifs, as tenants in common, have the
prior right, as against the defendants
and their grantees, to the flow of the
waters OF the Humboldt river in
Humboldt county for use for irriga-
ton and domestic purposes, to the
extent and amount OF twenty-five
(22) cubic feet per second of time. to
be measured at or near the heaegate
of plaintiffs main ditch, or wherever
the same may be diverted from the
Humboldt river, whenever necessary
for the irrigation Of their several
lands or for domestic purposes.
y 1t is further considered, ordered,
adjudged and decrecd by the court
that the said defendants, their agents
and servants and grantees be, and
they are hereby forever restrained,
from in any manner interfering with