Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-12

trtct OF tue state OF NSNA4sr "a VI Lug
reks County.
W. O.. Mills, Jr., Edgar Mills, B. Gilman
partners, doing business under the firm name
and style of the Eureka and California Lum-
Der Company, Plaintiffs,
Against
The Albion Consolidated Mining Company,
Defendant.
Prentiss selby, F. W. Clute, b. F. Marshall
P. N. hansen, WI Mccormick. interyenors.
J. Ahern, Liepholder.
DECREE.
This cause oming on regularly to be heard
on the 25th day Of June. 1855, upon the COM
piaint fled herein the 25th day of May, 1888.
and the petitions OF said Prentiss Selby, r.
W. Clute, u. F. Marshall, z. n. Hansen and
W. J. Mccormick, Intervenors, and the lien
Of said j. Ahern. and the said complaint hsy-
ing been taken as confessed by said defendant
whose default for not answering thereto haV-
ing boon duly entered herein as required by
law. and the plaintiffs and defendant not OBJ
jecting 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 sad said Selby object
ing to aud contestiDg the said lien offered by
said Ahern and the said petition and lien Of
said Hansen, aud all of said parties appearing
by their respective counsel, said cause was
tried by the Court sitting without & jury ls
jury having been duly waived), and the Court
having heard the proof sufficient to enable IL
to decide the case, and it appearing to the sat
isfsction 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 & notice for all parties holding
or cl.iming liens under the Act Of the Legis-
iature of the State Of Nevada entitled IAN
Act to secure l1eus to mechanics and Others
| and to repeal all other Acts in relation there
to-" approved March 2. 1878, and all Acts sup
Elementary thereto and smendAtory thereof
against the said defendant and its said prop
erty described i'll said notice to appear aud ex-
hibtt and prove any lien or liens which they
hold against said property upon said time IN
der the provisions OF said Act, or that they
would be held to have waived their right to
said liens, and thst said notice was published
daily In = newspaper published in said Eureks
county for q period OF four weeks.
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 and decis-
| ion, and after due delibsration thereon the
Court delivers its findings and decision IN
writing and orders Judgment in favor OF plain
tihs and inter venors in accordance Herewith.
Now, therefore. 1t is ordered. sdjud ed and
| decreed that there Is now due to the PLAINTIFF
herein from said defendant upon the contract
and lien set forth in tue complaint the princf-
pal sum of Ten Thousand Five Hundred and
| Eighteen aud Thirteen-One Hundredths fSlO.-
| SIS I3-lO0i Dollars in gold coin, with interest
thereon from the 21st day Of March. 1883, at
| the rate of tea per cent per Annun 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, hdJudges and
| decrses that there is now due, owing and uu-
psid 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 (sl3, 915) Dollars and interest upon
that sum at the rats OF ten per cent per an
mum since the First day Of April, 1888, together
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 &c
ton, taxed at
1t is further ordered, adjudged and decreed
that there is now due. owing aud unpaid from
the said defendant to b. +. Marshall, inter
venor herein upon his claim Of lien OF which
due proof was made in said action, the
sum Of Ten Hundred and 6ixty-four 81 .064l
Dollars with interest upon that sum ut the
rate OF ten per cent per annum from the date
hereof. together with his costs herein ex-
pended taxed st
1t is further ordered, adjudged and decreed
that there ia 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-tvo and
Eighty-oDe Hundred,hs (s312 $4,000 Dollars
with interest upon that sun at the rate OF ten
per cent per Annum from the date hereof, to-
gether with his costs in this action. taxed at
1t is further ordered, adjudged and decreed
that there Is now due. owing and unpaid from
the defendant to f.. W. Clute, intervenor
herein upon his demand and lien of which due
and proper proof was made In this action. the
sum of Four Thousand Five Hundred and
Twentyeight G4, $3.50 Dollars, with interest
upon that sum since the First day of April,
1888. together with his costs Of filing and re-
cording said lien and his costs of suit, taxed at
That Of the several sums OF money so as
aforesaid due and owing from the defendant to
the plaintiff and the intervenors herein, and
for which liens have been regularly filed I'M
der the provisions OF the Act afore- aid, there
il due to the said plaintiff as q valid and sub
sisting lien against the Uncle Sam mining
claim, hereafter more particularly described.
the sum Of Six thousand One Hundred and
Thiriy-seven and Forty-six-one Hundredths
| (S6, 1877 46-lO0l Dollars, and against the Uncle
Sam shaft house hereafter described. the sum
OF Eleven Hundred and Six and Thirty-one
Hundredths 81. LOG 30-l00). Dollars and
agsinst the lodging-house hereafter de-
scribed, the sum of Nine Hundred and
Three and Eighty-four-one Hundredths
(S903 $4,000 Dollars against the furnace build
ing and appurtensnces hereafter described
the sum of Right Hundred and Thirty-six and
Thirteen one Huudredths 1896 $4,000 Dollars.
II AL Ii iAN pulluAbB
described, the sum OF Fifteen Hundred and
Thirty-four and Thirty-fve-one Hundredths
Isl, 534 35-l00l Dollars.
That there Is due to the said Prentiss Selby
as q Wild and subsisting lien against the
Uncle Sam mining claim aforesaid. the sum Of
Ten Thousand Gee Hundred and Ten isle, ll0)
Dollars; against the said furnace building the
sum of Seventeen Hundred and Thirty-nye
Isl 1851 Dollars; against the hosting works
hereafter more particularly described, the
sum of Two Hundred and Forty (f240l Dollars,
and against the machine shop hereafter de-
scribed. the sum of Two Hundred and Twenty
($220) Dollars.
Tha, there is due to the said b. F. Marshall
as q valid and subsisting lien against the said
Uncle Sam mining claim the sun of Ten Hun
dred and Sixty-four Isl .064l Dollars.
That there 10 due to the said W. j. Nc
Cormick as a valid and subsisting lien against
the said Uncle Sam mining claim the sum of
THEE Hundred and Seventy-two and Eighty
one Hundredths (S372 20 100 Dollars.
That there IL due TO the said +. W. Clute as
8 valid and subsisting lien against the said
Uncle Sam mining claim the sum of -Four
Thousand Five Hundred and Twenty eight
IA SQSl DOllars