Nenzel v. Rochester Silver Corporation

Nevada Supreme Court February 8, 1928

Nenzel v. Rochester Silver Corporation, 263 P. 777 (Nev. 1928)

50 Nev. 439

Coleman, Ducker, Sanders

Concurring Opinion

I concur.

Opinion of the Court

ON PETITION FOR REHEARINGIt is ordered that the petition for rehearing be denied, since the court is entirely satisfied with its former opinion, 50 Nev. 352,259 P. 632, as to the matters presented on original submission, and as to the new points urged they cannot be now considered. Pedroli v. Scott, 47 Nev. 313, 221 P. 241, 224 P. 807, 31 A.L.R. 841.

Dissenting Opinion

I concurred only in the order made herein. Upon consideration of the petition for rehearing I entertain serious doubt as to the correctness of the point decided, that water rights are "realty," subject to unlawful detainer under Revised Laws, sec. 5588, and therefore I dissent from the order denying the petition for rehearing.

Concurring Opinion

I concur. *Page 440

Reference

Status: Published