Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-30
DECREE.

This cause coming on regularly 10 De neafu
on the 25th day of June, 1888, upon the com
plaiut filed herein the 25th day Of May, 1883.
and the petitions of said Premise Selby, r.
W. Olute, b. F. Marshall, T. n. Hansen and
W. J. Mccormick, I~nteryenors, and the lien
OF said j. Ahern. and the said complaint nav
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
iecting to the said petitions of Intervention
except the petition of said p. N. Hansen and
the lien offered by said ]. Ahern, aud the said
plaintiffs and defendant and said Seloy object
ing to aud contestiDg 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 ne 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
i~sfaction 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 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 q newspaper published in said Eureka
county for q period OF four weeks, commence
ing on the 25th day Of May, 1888, and to and
including the 25th day of June, 1888. 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. II is ordered, sdjuds Led 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 princi-
nal sum Of Ten Thousand Five Hundred and
Eighteen and Thirteen-One Hundredths (SlO.-
5l8 l3-IO0l Dollars in gold coin, with interest
thereon from the 21st day Of 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, sdjudges and
DEGREES that there is now due, owing and un-
paid from the said defendant to Prentiss
nelby, intervenor herein upon the several
claims and liens of which due proof was made
in said action, the sum of Thirteen Thousand
and Fifteen $lS,0l5) Dollars and interest upon
that sum at the rate of ten per cent per an
mum since the First day Of April, 1888. together
with the costs of filing and recording his said
liens, amounting to the sum OF Four Hundred
and Sixty-seven Dollars and costs In this a.
ton, taxed at
1t is further ordered, sdjudged and decreed
that there Is now due, owing and unpaid from
the said defendant to B. F. Marshall, inter
venor herein upon his claim Of lien Of which
due proof was made in said action, the
sum of Ten Hundred and Sixty-four ($i.064l
Dollars with interest upon that sum at the
rate OF ten per cent per snnum from the date
hereof. together with his costs herein ex-
pended taxed at
II is turtle ordered, adjudged and decreed
that there Is now due. owing and unpaid from
the defendant 70 ". ]. 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 peventy-two and
Eighty-one Hundred,hs (s372 S0-l00) Dollars
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 is further ordered, adJudged and dscreed
that there's now due. owing and unpaid from
the defendant to r. w. Clute, intsryenor
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
Twepty-eight tSi,52S) Dollars. with interest
npoH that sum since the First day of april,