Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-20
DECREE.

This cause coming on regularly to be heard
on the 25th day of June, 1888, upon the com
paint filed herein the 25th day of May, 1888,
and the petitions of said Prentiss Selby, +.
w. Dilute, b. f. Marshall, P. N. Hansen and
W. j. Mccormick, Intervenors, and the lien
of said j. Ahern, and the said complaint hAv-
ing been taken as confessed by said defendant
whose default for not answering thereto hav-
ing been duly entered herein as required by
law, and the plaintiffs and defendant not OBJ
jectiDg to the said petitions of intervention
except the petition OF said p. N. Hansen and
the lien offered by said j. Ahern, and the said
plaintiffs and defendant and said Selby object
ing to aud contesting 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 Il jury Ia
Jury having been duly waived, and the Court
having heard the proof sufficient to enable ii
to decide the case, and 1t appearing to the sat
isfaction of the Court that all tho allegations
in said complaint are true and that due notice
of the time set for the hearing of said cause,
together with o notice for all parties holding
or claiming liens under the Act of the Legis.
lature of the State of Nevada entitled "An
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 un-
der the provisions of said Act, or that they
would be held to have waived their right to
said liens, and that said notice was published
daily in a newspaper published in said Eureka
county for q period OF four weeks, m
ing on the 25th day Of May, 1888, and to and
including the 25th day OF June, 1883. The
evidence being closed and the cause 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 orders judgment in favor of plain
tiffs and intervenors in accordance Herewith.
Now, therefore. 1t Is ordered, sdjudA ed and
decreed that there is now due to the plaintiffs
herein from said defendant upon the contract
and lien set forth in the complaint the prlnci-
pal sum of Ten Thousand Five Hundred and
Eighteen and Thirteen-0ne Hundredths ($l0,-
518 l3-lO0l Dollars in gold coin, with interest
thereon from the 2lst day of March, 1888, at
the rate of ten per cent per snnum until paid,
and for the costs of this suit and PROCEEDINGS
taxed at One Hundred and Fifteen and Forty.
One Hu~ndredths Dollars.
And the Court further orders, adjudges and
DEGREES that there is now due, owing and un-
paid from the said defendant to Prentiss
belby, intervenor herein upon the several
claims and liens Of which due proof was made
in said action, the sum of Thirteen Thousand
and Fifteen ($l3, 015) Dollars and interest upon
that sum at the rate of ten per cent per an
nun since the First day of April, 1888, together
with the costs of filing and recording his said
liens, amounting to the sum OF Four Hundred
and sixty-seven Dollars and costs in this ac-
ton. taxed at
1t 10 further ordered. sdjudged and decreed
that there Is now due, owing aud unpaid 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 and Sixty-four Isl .064)
Dollars with interest upon that sum at the
rate OF ten percent per annum from the date
hereof. together with his costs herein OK.
pended taxed ut
1t is further ordered, sdjudged and decreed
that there is now due, owing and unpaid from
the defendant TO W. j. Mccormick. intervenor
herein upon his claim and lien of which due
and proper proof was made In this action, the
sum of Three Hundred and Seventy-two and
Eighty-one Hundredths (s372 S0-l00) Dollars
with interest upon that sum at the rate of ten
per cent per snnum from the date hereof, to-
gether with his costs in this action, taxed at
1t is further ordered. sdjudged and decreed
that there is now due, owing and unpaid from
the defendant to +. W.. .Clute, intervenor
heYein upon his demand aud lien of which due
aud proper proof was made in this action, the
SUN Of -Four Thousand Five Hundred and
Twenty-eight ($+.52s) Dollars. with interest
upon that sum since the First day OF April,