Nevada Supreme Court, 1878

Brown v. Ashley

Nevada Supreme Court · Decided January 15, 1878

13 Nev. 251

Cases that cite this one

2 later published cases cite this decision.

Consolidated Cal. & Va. Min. Co. v. Baker (U.S. Circuit Court for the District of Nevada 1904)
Brown v. Ashley (Nev. 1881)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Appellant claims that the only judgment authorized by the pleadings ivas a judgment for damages, and that the judgment being for less than three hundred dollars, the court erred in taking the costs against appellant.

*252The pleadings in our opinion fully authorize the judgment as entered. In actions of this chai'acter, for the wrongful diversion of water, it is the usual and proper practice for the courts, to tax the costs against the party who is in the wrong irrespective of the amount of damages recovered, and such action is fully authorized by the provisions of the practice act of this state. The judgment of the district court is affirmed. ■

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