Crandall v. Woods

The granting an injunction by a county judge on a bill filed in the District Court, is auxiliary to the action of that Court, and has the same force and effect, for all intents and purposes, as if it were the direct act of the latter. Such an order may therefore be appealed from, in the same manner as if made by the District Court. Where the answer to a bill for an injunction denies all the equity, if any, of the bill, a preliminary injunction should not be granted.

Appeal from the District Court of the Fourteenth Judicial District, County of Nevada. The plaintiff filed his bill praying for an injunction to restrain the defendants from using or diverting the waters of certain springs, to the exclusive use of which plaintiff avers that he is entitled by possession, etc., and praying for judgment for damages. One defendant answered, denying all the material allegations of the bill. The other defendants denied all the allegations, except as to plaintiff’s title to the springs, to which they answer disclaiming any right or claim therein or thereto. On return of an order to show cause, made by the county judge, the question was argued on the bill and answer, and an order was made by the county judge granting the injunction. The defendants appealed. The merits of the bill not being considered by the Court, as it is conceded that its equities, if any, are fully denied, it is unnecessary to set forth its averments, or the arguments thereon.