19 P. 83 | Nev. | 1888
The facts are stated in the opinion. This is an action to recover damages for an alleged trespass upon certain unsurveyed public lands, known as the "Pines," and for equitable relief by injunction. Plaintiff's allegations of ownership, possession, and right of possession of the locus in quo at the time of the alleged trespass, and his allegation of damages, are denied in the answer. Defendant alleges ownership, possession, and right of possession in himself. Plaintiff recovered judgment for one dollar, damages, and defendant was perpetually enjoined from "using or diverting any of the water upon, issuing or flowing from, the said lands described in the complaint and answer in said action as situated in Camp valley, in the county of Lincoln, state of Nevada, and known and called the `Pines,' and containing one hundred and sixty acres, and from in any way interfering with the use and beneficial enjoyment thereof by said plaintiff." The action was tried by the court without a jury. Defendant moved for a new trial upon the grounds of insufficiency of evidence and errors in law. Plaintiff appeals from the order granting a new trial.
There are several reasons why the order appealed from should have been made, although but one was stated by the court. To the statement, on motion for a new trial, is appended the clerk's certificate to the effect that plaintiff had filed no amendments to defendant's proposed statement. InBorden v. Bender,