Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-25
DECREE.

This cause coming on regularly to be heard
on the 25th day of June, 1883, upon the com
pgsiut filed herein the 25th day OF May, 1888,
and the petitions of said Prentiss Selby, r.
w, Llute, b. +. Marshall, P. n. Hansen and
w. J.. Mccormick, Intervenors, and the lien
of said }. Ahern. and the said complaint nav
ing been taken as confessed by said defendan'
whose default for not answering thereto nav
ing been duly entered herein as requ!red by
law, and the plaintiffs and defendant not oo'
iecting to the said petitions of Intervention
except the petition OF said +. N. Hansen and
the lien offered by said j. Ahern, AID the said
plaintiffs and defendant aud said Selby object
ing to aud contest.Dg the said lien offered by
said Ahern and the said petition and lien OF
said Hansen, and all of said parties appearing
by their respective counsel, said cause Was
tried by the Court slit ny without a jury IA
Jury having been duly waived), and the Couri
having heard the proof sutficirn to enable II
to decide the case, and it appearing to the sat
isfactlon Of the Court that all the allegations
in said complaint are true and that due notice
of the time set for the hearing OF said cause
together with q notice for all parties holding
or claiming liens under the Act of the Legts-
lature of the State OF Nevada entitled "AI
Act to secure liens to mechanics and Others
and to repeal all other Acts in relation there.
to" approved March 2, 1875. and all Acts sup
Elementary thereto and amendatory thereof
against the said defendant and its said prop
erty described in said notice to appear and ex'
hibit and prove any lien or liens which they
hold against said property upon said time n.
der the provisions of said Act, OF that they
would be held to have waived their right tc
said liens, and that said notice was published
dsily in q newspaper published in said Eureka
county for a period OF four weeks, commence
ing on the 25th day OF May. 1888, and to and
including the 25th dsy Of June, 1883. The
evidence being closed and the csuse submit
ted to the Court for consideration and decis
ion, and after due elaboration thereon the
court delivers its findings and decision in
writing and order Judgment in favor of plain
titfs and intervenors IN accordancet herewith.
Now, therefore. 1t is ordered, adjud ed and
decreed that there is now due to the plaintiifs
herein from said defendant upon tina contract
and lien set forth in the complaint the princi-
pal sum of Ten Thousand Five Hundred and
Eighteen and Thirteen-One Hundredths (Sl0,.
51S l3-1O0l Dollars in gold coin, with interest
thereon from the 2lst day If March. 1883, ut
the rate of ten per cent per snnum until paid,
and for the costs If this suit and proceedings
taxed at One Hundred and Fifteen and Forty
One Hundredths Dollars.
And the Court further orders, adjudges and
DEGREES that there is now due, owing and un-
paid from the said defendant to Prentiss
selby, intervenor herein upon the several
claims and liens OF which due proof was made
in said action, the sum of Thirteen Thousand
and Fifteen ($13. 0l5) Dollars and interest upon
that sun at the rat OF ten per cent per an
mum since the First day of April, 1853, t5gette r
wi, h the costs of filing and recording his said
liens, amounting to the sum OF Four Hundred
and Sixty-seven Dollars and costs In this az
ton, taxed at
1t is further ordered, sdjudged and decreed
that there Is now due, owing aud unpsid from
the said defendant to B. f. MARSHALL, inter
venor herein upon his claim Of lien Of which
due proof was made In said action, the
sum of Ten Hundred aud Sixty-four (s1. 064l
Dollars with interest upon that sum at the
rate or ten per cent per annum from the date
hereof. together with his costs herein ex.
pended taxed at
1t is further ordered, adjudged and decreed
that there is now due. owing and unpaid from
the defendant to W. j. Mccormick. intervenor
herein upon his claim aud lien of which due
and proper proof was made in This action, the
sun of Three Hundred and Seventy-two and
Eighty-one Hundredihs (s372 S0-l0O Dollars
with interest upon that sun at the rate of ten
per cent per anuum from the date hereof, to-
gethsr with his costs in this action, taxed at
1t is further ordered, adiudged aud decreed
that there is now due. owing and unpaid from
the defendant t. +. W. Clute, intervenor
herein upon his demand aud lien OF which due
aud proper proof was made tn this action, the
sum Of FOUR Thousand Five Hundred AMI
Twenty-eight tsi 5ls Dollars. with interest
upon that SUN since tho First day of APRIL,