The Nevada journal., 1851-10-23
Ohio Tunnel Co., vs.. Cold Tunnel Co.

this city, for week past, commenced
in form before Justice Anderson on Mon
day morning last with a strong array of
counsel on both sides. The merits of
this question We have refrained from dis
cussing thus far from wish to prejudice
the case Of neither party, although
from the evidence we have heard in the
matter, we deem there are fewer pain
cases brought up for adjudication.
The suit is commenced by the Ohio
company to obtain possession of certain
quartz mining claims near Deer Greek,
next the Gold Tunnel company's clai r s,
to which they have run tunnel, said
claims having been seized by the Gold
tunnel Co. as embracing the dip Of
their lead. land the operations Of the Ohio
Co. having been forcibly suspended by
the other claimants. An injunction has
been issued by Justice Anderson to re-
strain the Gold Tunnel Co. from work
ing the ground in dispute. That the
power necessary to issue this injunction
lies in the Justice sCourt has been doubt
Land we think with much reason. The
exercise Of it is not novel in this place,
and as it is.a most important feature in
the perogatives of Court, the question
should be settled by the competent su-
thority as soon as may be. The exer-
else of this power may be frequently
Convenient, but its unresticted use is GER
tainly dangerous; and we do not believe,
the statutes contemplate that q mere
Justices Court should be armed with
power which it does not expressly grant
and which is granted in no other state
in the Union, but reserved for higher
court, where more legal wisdom, and
more deliberate method of practice, may
guarantee ite proper exercise.
But little progress has been made in
the suit, thus far the time having been
occupied in the discussion ofa demurrer
introduced by the defendants, with n
motion for non-suit, on the ground the
summons were made returnable too soon.
some of the defendants living at Sacra.
mento, that incongruous matters were
filed in the complaint, that an amend
ment in substance was made in the COM
plant after its presentation, that n
claim tor damages was laid beyond the
power OF the Justices Court to assess and
that the whole particulars were ILLEGAL
and imr::oper.
! In reply, it was urged that the ap-
pearance of the parties cancelled any
defect IN the summons, that anything
which might be proved on tho trial
might be inserted in the complaint, that
the amendment was made in court in
proper manner, that the law did not re-
strict the amount of damages in such q
case, and that the proceedings were
lawful and proper
The Justice overuled the motion to
non-suit, and the defense filed their ex>
ceptions, and moved for change of ye-
nue.. The venue was changed to the
nearest Justice but there seems to be
question as 10 who is the nearest Justice,
although in literal obedience, q survey
has been made, and the defence hold
(out of COURT that Justice Doughcrty is
somo yards nearer Justice Anderson's
Office than Justice Scott The Justice con-
tcmplated by the plaintiffs The case
is at present IN the street, and is likely to
prove rather amusing than otherwise
before our wise lawyers and indg.s
get it straightcnsd.
II the parties resp0 ctively object to
Justices Dougherty and Scott the case
might be taken before one of them and
change ofvenue by consent be taken
to Grass Valley before Charles F. Smith,
a gentleman well fitted by his legal
knowledge and experience to sit upon
the case, and at the same time, the soul
OF honor. We make the suggestion be-
cause We believe either party would
consult its Interest," by the movement.
At Grass Valley there would be less
danger of a packed jury,if that is feared,
though we anticipate no such trouble.
As it now stands, human patience may
wear out before any settlement or de-
cislon is obtained.
We must beg our emnently legal gem
tlemen not to object to any "mal-prac
tice" in our use of legal terms above.
When the courts of Nevada will extend
the courtesy to the press universal in The
States, of providing some facilities for
reporting so that we shall not be CON-
PEELED to write on tho top of q hat, we
will be more elaborate in our reports.
Cry Fathers. Six or eight attempts
have been made lately to get together a