The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-12-19
The GILPIN CASE
The Sierra Nevada Mining Suit
Decided.
Is IN FAVOR OF THE DEFENDANTS
Idaho State Supreme Court-Important Cases
Determined City COuucil-lm-
provement Companies in the st

BOISE CITY, Idaho, Dec 1S.-[Special tele
gram to THE HERALD. THE celebrated mining
suit of Gilpin VS.. the Sierra Nevada Mining
company which has been in progress in the
United States court here for about week was
decided to day in favor Of the defendants. This
suit has been in court long time, having
come up from the territorial court to
the United States court. 1t involved
about 100000, this being the amount OF
damage asked by plaintiff for what he claimed
as trespass on the part OF the Sierra Nevada.
Some years ago a suit entered by the own
ers OF the Apex the court forced the defendants
to give bond before continuing to operate the
mine, which was promptly furnished, and the
Sierra Nevada men continued to run their
mine. A motion then prevailed to dispense
with The bond. shortly after which the
plaintiff got out an injunction against
the Sierra Nevada men, and they were com
PEELED to quit work on the mine pending the
litigation The mine has beef. es5sed down for
about three years, defendants not being able 10
get hearing on the merits of tne case. Finally
the case came before Judge Beatty in the
United States court. Some eighteen witnesses
were brought here from various parts OF the
country on the part OF the defense alone. and
they have been here since the LIST Of Decem-
Der.
Van B. Delashmutt, ex-mayor of Portland
and president and principal owner OF the Sierra
Nevada, has been in the city for several weeks
looking after the case in person. Mr. DelaSn-
Occur d. Alene. In an interview tonight he
said that what he and his co-laborers wanted
was TO work the mine; that they were
in the right and had no fears as
to the result in court of equity where all the
facts could be brought out. When plaintiff
| rested his case the defense made a motion that
the court instruct the jury to bring IN verd1cL
| for the defense on the ground that plalnJin had
/ failed to make out his case. After taking the
matter under Amusement for several days the
! court instructed the jury and they brought IN a
verdict. II is rumored tonight that pla1ntln
| will take an appeal.
! Mr. Carter plaintiff in the Carter Wallace
| townsite case, told your correspondent that a
motion for a new trial would be made in his
| case in few days.
| John Hunter. superintendent of the electric
motor line. broke his leg to-day in jumping
! from car, The fracture is not a severe one
and Mr.. Hunter will be about in few days
| In the city council last night the question OF
| closing the Star theatre. variety show, was
! discussed at some length. NO decision was
| reached.
The following important cases have been de
cided in the state supreme court and opinions
| rendered. Brown Bros. & Co. VS.. Thomas +.
| Hanley, defendant and respondent. The actor
was dismissed at the cost of appellant on The
| ground that an undertaking On appeal was no
filed in time. The opinion was by Chief Justice
| Sullivan. The case was taken on appeal IRON
Shosbone county. 80
In the case of H. O. Hardness VS.. C. S. Smith
as sheriff OF Bingham county, Huston, Judge
rendered an opinion that the decision of tht
court baIow be reversed on the ground that the
sale from Gallaghan to Hardness was fraudu
lent as it was not necessary, legal, actual anC
! continued charge OF possession OF the property
and hence the levy OF Sheriff Smith OF the VII
of attachment was valid lien.
In the case of j. Hawkins VS.. the SPOKANE
HydrauI Mining company, the judgment OF th'
court below was reversed with costs awarded t
appellant. The court held that the htigant
we're mining partners and as sucn they oWne,
a placer mine, but the pla ANTI
was entitled to direct its work and manage
ment It was ordered that the case be re
manded and the court below was directed Il
issue an Injunction and to appoint receive
until such time as an accounting between tn
parties shall be accomplished.
In the case of Clarissa K. jacobson vs.. the
Bunker Hill Mining and Smelling company
petition for a rehearing was denied.
The stockholders of the Idaho improvement
and Investment company held meeting las
night and appointed directors as follows
George Ainslie James Baxter, r. ID. Walter
beel- Milton Cage George Sprengle, Jane
Hawlsy, C. A. Stein and W. E. Mitchell. TIL
object OF the company is to promote the deve
opment of mining property throughout Tn
Lotto