, 1869-12-13
THE COURTS.
Rule Regarding the Taking ol
Papers from the Files.
The Court Refnses to Enforce a Con-
tract in Mining Suit.
SUPERIOR COURT,


4 yesr s!nee, On Saturday, On order was entered
Oh the cnareeTy Gde Of this court, that ps2ers
might ba allowed 10 be taken from the d1es upon
receipt gtvep. and payment Of fec to the ba'llL
With THU order some classification haR etnct been
expressed. especially In regard to the charging OF
The fee. The Court announced. therefore, that 30
far ~ fees had been collected they would be re-
turned npon application, and the rale, in the I'd.
tu1e, vii be, "Thss counsel csn ha7e any Of the
nleq, excepting deposhons, BY applying 70 the
tatln. and dispositions, bI application. on N o..
der Of the Court. 4 receipt Tor the paper taken 10
REY8AcTogY WITNESS
Turner '. Mnxreln- In this cAse there was An
1ruer asked to comnel W1tnass 70 respond 70
questions. The Court found In the deposltiou1
thus lsY ro d-positlon on the putt Ct the witness
to answer aueat!ons, snt It seemed exceedingly
pyotable thnt II certain Epe Of inquiry Was
pursued the 1nswezs night IeccSsttase The self.
would make 10 order, nuL would reserve the right
OF exRDn alton u the 1uterrogatos1es were here.
afttr fourd to be Of absolute bearing upon the
R6be1t D. Chiaoolm ct a. ', Sylvester Theelock
et sls. DenuHer to etll The till ret out taat 10
January. 1865, comp p'o'rants owed mining Claims
Ia mineral lodes. being e. 900 linear feet In length
10 lacon County, Nesnda, and made = contract sa
with deteIdants . sell . certain interest at nc
price OF s33 D00. s. 900 Of which price was to b.
paid Gown. The contract provided tnat defent-
ants ehould select man 70 make e1aulpatlon
q 1ne lodes. extract aaanatJ .! ore, and t. te,f
preeented. Alter test made, defendants hsl an
opsion to accept the pu1cna.e, then to enter
upon The erection under ths contract. 81 o.
mtues. Tue N nea beibg developed, q rus ally Of
70 per cent OF tho ne: proceeds vas to be paid 70
conP!ainanss. the test vas 70 be made w WIN
and tie option vas Ii one or all the defendants.
Tho bul alleged that one Boone was delegated to
! LIKE The teeta, thai he visited the ground and
ret examine II Ia also alleged EhNt he
] did accept the contract sitter examination, but
lnat defendsnts refuse to proceed to execution.
cur thought II nst lat III Was eonrast that
Court at chaucery viii not seek to enforce, class.
| Ing 1t with that line Of contracts which verify
hoee q %
! a Court wnl not en]orce marriage contract. nol
| contract OF aongtuess to einK upon cettat1
| coEtIac's Tor the execution OF extensive works
where tadRGcnt and saill entered into the tul1ll
melt Ct the CONTRACT and Where the decree mghl
be baned hy !ha n9n.Ass .! re Judgment aue
skiIl, but woald leave the parties IL 1hels rene
| d1es at 1aM. Considering tne difficulty OF entosc
lrg decree ordering specific performance Wh!ct
! would necesassase go:ag he5ond tue lottsd!csos
Of the court, the rite to, and pos:easion OF. iht
claimx still remaining In the vendors, The CouE
shovghs the demurrer aaoa.d ee suss Aned.
coN1sRcIAL agEs1,os,-Dsros1r or coLA1EhAIs
i. Wlcslow ct hls IN the 10TH OF June, 1s:.y
N,lnan :. aed James Z. Lose.s, Of pahuaus
Iowa, made note fer s. ~, a. keVen monsas, y
IT, ansfesa rs sas1es q sne g espisas s stoeS
the lows Land Company. Before tEe maturity Q
The noie, he paIees enaorsea y, aaa tssasfesrs
Loris, for valuable confederation, and in the du
coursa Of bnsi.eas iheae hsldefz placed tue 10;
for Collection In the HANDS 81 Goe'pcke L Nl2s
Aboat the time xhen he noe becamo due, 10
! the better security CI the note, W1lism 7. Loyet
assigned. the stocE cert!dc4'e to Nlnso r, and
suIrendeted T. and :o9s ou: ce5tsasases tn Ms o.
edge Of Taylor, Wtnsiow. converted the eett.t
cate into land, which he haa held !
SsR essd hat oW 1ea us
shares belonging to himself. The prayer Of tn
the statute Of lml1ations and make snswer. Ia
question before the Co7fr WIS the propriety Of ID
plea. To the plea It VAS objected that the deient
peitaps ,esss yes1s ~ oi 1no M
The Court thougns that under The law 10 IlIno
.nls cnisc.ion MD loI ee sustained; the Saprem
low The debtor 70 the place ot hta residence
Sss psSs ,,,aa. = M!s:'eV o;S ID s ssas 8 =
The Court held that thls claim was Of the class
nas.ments. There was deposit. a. ntst, Of tn
Of ths note asd l,1.+ ne collaieIa ,i
tea. The conversion Of the securities 1lto laat
rtte demand made for m accounting, change
The nasnre Of the e2lmsat 80 rs to take 1t oas
Charles Z. 1en1 '. sasa!s S1e'ol ssnsea Case. Dan
sa yS sSsf9 sa ,na; "a 4 ~ ssS
the 9tn nht, stated Of p:ain1iG that he to:t
AID bad = ocn nstie things, nnd hs could Prove /
"Iou s!o:e NJ toos aId receipts @ ios n mo3ey; 70
yaloe, ard can prove T. You are 2 t1ndleT. %
lsaa tas. pfoEels 1asaest nothing bat "nas I ca
| SFw NEUTRALITY-SUSPICIOUS.