Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-01
DECREE.

This cause coming on regularly to be heard
on the 25th day of June. 1888, upon the COM
plant hled herein the 25th day Of May, 1888.
and the petitions Of said Prentiss Selby, +.
W., Clute, b.. f. Marshall, P. y. Hansen and
W. j. Mccormick, Interyenors, and the lien
of said j. Ahern. and the said complaint hav-
ing been taken as confessed by said defendant
whose default for not antwer1Ig thereto haV-
ing been July entered herein rs required by
law, aud the plaintiffs aud defendant not Oh
jecting to the said petitions of Intervention
except the petition of said r. N. Hansen and
the lien offered by said j. Ahern, AID the SAID
plaintiffs and defendant aud said Selby object
ing to aud contestiug 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 W IS
tried by the Court slit ng without a jury Ia
Jury having been duly waived. and the Court
having heard the proof sufficient TO enable II
to decide the CASE, and it appearing to the sat
isfgctiOn 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 cIs 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 ia relst on there
to-" approved March 2, 1875. and all Acts sup
Elementary thereto and amendstory thereof
against the said defendant and its sail 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 uu-
der the provisions OF said Act, or that they
would be held to have waived their right to
said liens, and that said notice wss published
daily in a newspaper published in said Eureka
comfy for A period OF four weeks, commence
ing on the 25th day OF May, 1888, and to and
including the 25th dsy of June, 1888. The
evidence being closed and the cause submit
ted to the Court for consideration ana decis-
ion, and after due elaboration thereon the
Court delivers its findings and decision in
writing and order Judgment in favor of plain
tiffs and intervenors in accord.hce herewith.
Nova therefore. it is ordered. sdjnd cd and
de, ~eed that there lie now due to the plaintiffs
herein from said defendant upon the contract
and lien set forth in the complaint the princi-
pal sum OF Ten Thousand Five Hundred and
Eighteen and Thirteen-One Hundredths &c.
5I8 l3-lU0I Dollars in gold coin, with interest
theraou from the 21st day If March, 1883, at
the rate of ten per cent per annum until paid,
and for the costs of this suit and proceedings
taxed at One Hundred and Fifteen and Forty
One Hundredths Dollars.
And the Court further orders, adjudges and
de crees that there is now due. owing and un-
pSid from the said defendant to Prentlss
pelby, intervenor herein upon the several
claims and liens of which due PROOF was made
in said action. the sum of Thirteen Thousand
and FIfteen( SlS,9l0 Dollars and interest upon
that sum at the rat OF ten per cent per an
nun since the First day of April. 1888, t getter
wi Il the costs of filing and recording his said
liens, amounting to the sum OF Four Hundred
and Sixty-seYen DOLLARS ana costs IN Ihis ar-
ton, taxed at
1t ia further ordered, adjudged and decreed
that there is now due, owing and 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 (Sl. 0G4l
Dollars with interest upon that sum at the
rate OF ten per cent per annum from the date
hereof, together with his costs herein ex-
pended taxed at
It is further ordered, sdjudged and decreed
that there is now due, owing and unpaid from
the defendant to W.. J. Mccormick, intervenor
herein upon hts claim and lien Of which due
and proper proof was made In This action, the
sum of Three Hundrei and Seveniy-two and
Eighty-one Hundredths G372 80-100) ID flisrs
with interest upon that sum at the rate of ten
per cent per annum from the date hereof. to-
gether with his costs in this action. taxed at
1t il further ordered, adiudged and decreed
that therejs now due, owing and unpaid from
the defendant T. F. W. Clute, intervenor
herein upon his demand aud lien OF which due
and proper proof was made IN this action, the
sum Of Four Thousand Five Hundred and
T~wenty-eigbt tSi,52s) Dollars, with interest