The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1894-07-27
LAWYERS AND CLIENTS.
last Fridays Court Proceedings
Date fog new O. P. Sale
Not Fixed.

An adjourned sitting of the circuit court
was held last Friday AFTERNOON. A petit
tion was presented by J.. K. Weatherfor'i
on behalf Of certain labor and materia
creditors whose claims aggregate $4,000,
and asked that reference De had to deter
pine the priority of all such claims before
any sale Of the road, WHICH the court al
this time might order, should occur The
petition asked that in the event the peti
tioners should purchase the said properties
that they he allowed the privilege of ap
plying the amount of their claims toward
the purchase pEice. as cash. As the peti
tioners had caused no service of the peti
tion to be made upon the other parties IL
interest. consideration of the matter was
postpored until the adjourned term i'll
September.
When the matter of fixing date for a
new sale of the road came up for hearing.
J. R. Bryson of counsel for plaintiffs, the
Farmers Loan and Trust company, stated
that some weeks previous he had written
his clients for inss<aations. sndlrequested a
reply of them by the 18th insr., and proba-
bly, owing TO the delay of malls consequent
npnn the strike. he had received no com
munication from them on the subject, and
was therefore unadvised as to their wishes
in the premises, and asked that considera
tion of the matter he reserved until some
future time. No objections to this plan
were raised and Judge Fullerton announcer
that he deemed it unwise to attempt sale
while the railroads of the country were in
such q demoralized cor dition, and post
roned consideration of the matter until
September 9Th.
In the matter of the assignment Of s. n.
Wilkins, Assignee F. NJ. johnson, presented
petition asking for an order TO sell the
personal property in his hands. Taken un-
der advisement.
P. Avery ct al VS.. r R. job ct al; de
fen5ants' allowed until September 9th in
which to file answer.
r. M. Wade & Co, vs.. Creighton & Qui-
vev; defendants gave notice that at the
next -senIar.term they, would amply for
ltave to file an answer to plaintiffs amend =
ed COMPLAINT.
Lincoln county vs. j. R. Bryson, assignee
of Hamilton, job. Go; demurrer to CON-
plant overrnled and defendants given until
September 10th to answer.
BaIfour, Guthrie & Co. vs. Charles Re>d
ct al; plairtiffs recovered judgment for
50. 800 and interest 1t rer cent. and $3.50
attorneys fees and costs; decree Of fore
closure Of the mortpage covering 27O acres
of land located seven miles nnrth of Cor
Wallis, was entered and the premises Or
dered sold under execution
U. G. Hale vs. Toledo Coal company;
confirmation of sale under foreclosure nrn-
ceedinga and sheriff of Lincoln county di-
rected to execrte deed to the purchaser,
u. G. Hale.
B. R. Job VS.. Niagara Mill com papy; M.
M. Davis receiver of the corporation pre-
sented petition showing the said company
to be wholly insolvent, and indebted to
sundry persons in the sum of S45. 900 and
that only small portion of the same can
be paid. The petition also showed that of
the 500nshares of capital stock. 1863 have
been subscribed and 75 per cent. levied and
assessed thereon; that z. Job, B" r. job
and petitioner have paid the amount of
their stock in full, hut chat 25 per cent.
remains upon the shares subscribed by the
following persons with amounts as follows:
+. M. johnson, $3.50; c. E. Nicholson. 1915;
M. H. kriebel, $l673.64 !. NJ. M.lNolan, 1915;
j. H. Wilson, 500; j. o. Wilson, $lOCt J.
M. Stewart, $500. An order was made by
the court directing said stockholders to pay
the remaining 25 per cent. of their stock to
the receiver at Corvallis swltlan. the next
thirty days, and should any of them fail so
to do, the .receiver was authorized and
directed to enforce payment by actions at
law.
J. ". Rayburn VS.. L. L. Hurd ct al; ar.
gued and submitted.
Levi Oren vs.. M. Jacobs on appeal from
justice court; motion for Judgment of the
verdict with costs in favor of Respondent
Oreg argued, submitted and taken under
advisement.