Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1886-05-09
DECREE.

This cause coming on regularly 10 Do heAru
on the 25th day of June, 1888, upon the com
plsiut iled herein the 25th day of May, lss3.
and the petitions of said Prenttss Selby, Z.
W, Cute, b. F. Marshall, 2. n. Hansen and
W j. Mccormick, In~t-rvenors, and the lien
of said j. Ahern. and the said complaint hsV-
ing been taken as confessed by said defendant
whose default for not answering thereto hsv-
ing been July entered herein as required by
law, and the plaiutihs and Ant not OBJ
iecting to the sid petitions OF Intervention
except the petition OF said p. n. Hansen and
the lien offered by said J. Ahern, srd the ssid
plaintiffs and defendant AID 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 ng without a jury Ia
Jury having been duly waived), sud the Court
having heard the proof sCthcirnt 10 enable II
TO decide the case, and it appearing to the sat
isfacuon 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 8 notice for all parties holding
or Ginning liens under the Act of the Legis-
lsture of the State of Nevada entitled IAN
Act to secure liens to mechanics and others
and to repeal all oth& Acts in relst on there
to-" approved March 2. 1875, and all Acts sup
Elementary thereto and amendetory thereof
against the said defendant and its sail prop
erty described in said notice to appear and ex-
hi6it and prove any lien or liens which they
hold against said property upon said time I'M
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 a period Of four weeks,
ing on the 25th day OF May, 1888. and to and
including the 25th dsy OF June, 1858. The
evidence being closed and the cause submit
ted TO the Court for consideration AMI decis-
ion. and after due deliberatton thereon the
court delivers its findings and deeision IN
writing and order Judgment in favor of plain.
tifs and intervenors III accordance herewith,
Now, therefore. 1t is ordered, adJud. ed and
decreed that there is now due to tue plaintiffs
herein from said defendant upon the contract
! and lien set forth in the complaint the prinei-
| pal sum of Ten Thousand Five Hundred and
Eighteen aud Thirieen-One Hundredths tSlO.-
SIS I3-l00j Dollars ia gold coin. with interest
| thereon from the 21st day If March, 1883, at
the rate of ten per cent per aunum until paid,
and for the costs of this sntt and proceedings
| taxed at One Hundrfd and Fifteen and Forty
One Hundredths Dollars.
And the Court further orders, adjudges and
DEGREES that there 10 now due, owing and ug-
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 ISIS, 0l5 Dollsrs and interest upon
| that sum at the rate OF ten per cent per an
| mum since the First day OF April, 1855, t igether
wi II the costs Of filing and recording his said
liens, amounting to the sum OF Four Hundred
anu oiAtl-cCfCh OaAe o
ton, taxed at
1t is further ordered. sdjudged and decreed
thst there is now due, owing and unpaid from
the said defendant to B.. +. Marshall, inter
| vanor herein upon his claim of lien Of which
due proof was made in said sciion, the
sum Of Ten Hundred aud Sixty-four 81 .064i
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
1t is further ordered, sdjndged and decresd
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 ihis action. the
sum of Three Hundred and Seventy-two and
EiRhty-one Hundred,hs (sST2 S0-l00) 1llsrs
with interest upon that sun at the rate of tn
per cent per annum from the date hereof, to-
pether with his costs in this action. taxed at
1t is further orderei, sdj1dged aud deereed
that there is now due. owing and unpaid from
the defendant t. f. W. Clute, iutervenor
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
Twenty-eight tst,5as) Dollars, with interest