Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1880-02-27

Answer Of Counsel for h Com.

Answer of Counsel for the Com.
pany.
The legal documents published below
were yesterday filed with County Clerk
Dodge. 1t is apparent that the railroad
will make = vigorous fight before paying
its taxes. Whether the case can be reached
at the June term remains to be seen
ANswER Oh THE COMPANY.
In the Sixth Judicial District Court, Eu-
reka county, State Of Nevada.
State Of Nevada, plaintiff, vs.. The Gen.
trail Pacific Railroad Company, and the
following described real estate and inn
provements thereon, situated in the county
ct Eureka, State Of Nevada, to wit Pos
sessory and fee simple title in and to IS
5O-1O0 miles OF telegraph and railroad line,
the same being and forming a part Of the
Central Pacific Railroad, situated in Eu-
reka county, State of Nevada, and described
as follows, to wit Extending from the
east line OF Lander county to the west line
OF Elko county, a distance Of IS $1,000
miles, defendants.
Defendants appearing herein, subject to
their motion herein made, and reserving
all and singular the rights therein claimed,
demur to the complaint Of plaintiff upon
the grounds
First-That the same does not contain
facts sufficient to constitute o cause Of ac-
ton.
Second--There is no sufficient descrip-
ton OF the property alleged to have been
assessed, and which is sued.
Third-There is no allegation that II. A.
knight was, at the times alleged, the AS
SCISSOR Of Eureka county, Nevada.
Fourth-It does not show what amount
per cent. was levied and assessed against
said property.
Fifth-It does not state the amount Of
valuation placed upon said property, nor
Of any part thereof.
sixth-It does not state that the property
OF the Central Pacific Railroad Company
was assessed by H. A. Knight, County AS
SCISSOR.
Seventh-It does not state that the prop
erty described was assessed at all.
E~ighth-The complaint is ambiguous
and uncertain, because no rate of taxation
is alleged no valuation Of the property is
alleged, and because there Is no direct allie
CATION that the property described was ever
assessed, or that any tax was levied thereon,
but alleges generally that all the property
OF the county had been assessed, etc. 1t
does not describe the other real estate, al
legged to have been assessed, other than that
described in the complaint. 1t does not
state what tax was levied or assessed against
that other property.
HILLHoUsE & Cole,
Attorneys for all the defendants.
February 26, 1880.
MOTION TO vAcATE SUMMONS.
In the Sixth Judicial District Court, Eu-
reka COUNT State of Nevada.
The State OF Nevada, plaintiff, vs.. The
Central Pacific Railroad Company, and the
following described real estate and i'm
proyements thereon, situated in the county
OF Eureka, State of Nevada, to wit Pos
sessory and fee simple title in and to So
50-100 miles of telegraph and railroad line,
the same being and forming a part Of the
Central Pacific Railroad, situated in Eure-
ka county, State Of Nevada, and described
as follows, to wit: Extending from the
east line OF Lander county to the west line
OF Elko county, a distance of 35 50-l00
miles, defendant.
The defendants herein appearing, only
for the purpose of this motion, ask that
the summons herein be vacated, quashed
and set aside, because the same is not in
accordance with law.
First, that the same does not conform to
~ IA II SlfAA AottiCG M VI
this State.
That the same does not conform to the
provisions of the revenue Jaws OF this State.
And defendants further ask that service
Of herein be vacated, quashed
and set aside, because the same is not in
accordance with law.
And defendants further ask that the no.
tice published herein be vacated, because,
first, the same is not issued or published
by order Of any Court that the same was
not published for the time prescribed by
law.
The foregoing motion will be made in
open Court, at the Courthouse, in Eureka
county, State Of Nevada, on the first day
OF the next term of this Court, to wit the
June term, at 10 O'Clock A. NJ. Of that day,
or SO soon thereafter as counsel can be
heard. HILLHoUsE & COLE,
Attorneys for defendants.
Fehruarv 26. 1890.