The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1890-08-09

Judgment for Defendant.
On opening OF the District Court at
Ely on the 4th instant, Counsel for
defendants in the cause Of Josephine
Walcott versus A. K. Watson OF al,
moved the Court to proceed with the
trial Of said cause. In response, Judge
Wells in substance said
An action was commenced by jose
phine Walcott against A. Il. Watson
and wife in November, 1889, upon
the same cause of action set out in
the complaint in this cause, which
action she dismissed in the latter part
of November, 1889, and again COM
menced the same in this Court in
December, 1889. On or about March
9, 1890, she presented precipae for
the dismissal of her second suit,
which the Clerk of this Court refused
to file until his fees therefor should
be paid.
On The opening of Court, April 7,
1890, plaintiff urged the dismissal of
the cause, notwithstanding an an
swer had been filed by the defendant,
A. X. Watson, asking for affirmative
relief; the Court denied the motion
OIL the ground that it came too late,
and would also ION rehection be an
unjust reflection upon The integrity of
the Clerk, who, upon evidence taken
appeared to have acted strictly ac-
cording to law.
oil int
and bond, asked the removal of the
cause To the United States Circuit
Court for the District of Nevada.
This motion the Court denied upon
the ground that plaintiff having twice
selected the State Court in which To
sue, could not under the late Act of
Congress upon the subject remove
the cause to said Circuit Court.
on the 9th day of April, 1890, this
Court and the Judge thereof, were
served with a peremptory writ Of pro-
hibition, prohibiting them from pro-
ceeding further in the trial OF said
action. Proceedings on said writ were
argued in the Supreme Court of this
State on the I'd and Sd days of June,
1890, and on the 18th day of July
next following, that Court decided
that the peremptory writ OF prohibit
ton must be denied and the proceed
ings dismissed.
on the 18th day OF July last, plain
tiff applied To the Circuit Court for an
order OF transfer OF said cause to that
Court, and staying tins Court from
further proceedings therein. The
Circuit Court granted the order, and
on the Both day Of July last the Judge
OF this Court was served witha certi-
fled copy of said order.
When said order was made the ac-
ton was not, and IS not now, in said
Circuit Court, and that Court, for that
reason, as well az lack of legal au-
thority, had no right to make the
order forblddipg this Court to pro-
coed with the trial of this action.
Under the Federal law, Court of
the United States can only enjoin the
action OF State Court in two in
stances, to wit: First-in bankruptcy
proceedings; secondly, in proceed
ings in an action III which the Fed
eral Court first acquired Jurisdiction.
In this instance, this Court first
acquired jurisdiction of this cause,
hence, the order Of the Circuit Court
directing this Court 10 stay proceed
ings in this action was without au-
thority and is null and void, and this
Court has the right to, and II is its
duty to proceed with the trial of this
cause, and such will be the order.
The further proceeding in this cause
we take from the Court docket:
MONDAY, August 4.
Josephine Walcott VS.. A. II. Wat
son-This cause coming on regularly
for trial before the Court, and defend
ant appearing by his attorneys, Mes
srs. Rives & Beatty, A. B. Treece and
Wren & Cheney, and plaintiff not ap.
pearing in person or by attorney, the
defense calls A. Il. Watson, who was
sworn and testified, and The Court
having heard the proofs and consid-
cd the same, and the record and
papers in the case, orders that judg-
ment be entered in favor Of the de-
PENDANT in accordance with the find
ings of fact and conclusions of law
to be hereinafter filed.
This judgment and decree vests all
the right and title in AR. Watson of,
in and to all the gold and silver
mines in Robinson and Osceola Dis.
tricts, which were in litigation in said
cause.