Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-16
AROUND THECOURTS.
An Action Against Tho Northern Spy
Mining Company,
OVER An ALLEGED rREsPAss.
The Kolitz Insurance Case Again.
business Transacted at Today's
County Court

There have been dull times In all tho
courts today. In Chlet Justice Mer.
rtys division OF the Third district
the hearing was resumed OF the suit
brought by the German.Ameflcan In
surunco company agaiult Louis
KelilE, tho canjymaker, 10 recover
money paid over on an alleged iraudu.
lent Insurance claim. Further owl.
doncu was taken throughout the fore.
noon, aud II Is expected that tho
case viii 70 to the jury this afternoon.
AGAINST THE NOKIHEHN Sly.
The case Of NJ. q. sullivan, Peter G.
Burke, 4. G. BlrusRnd Julis sullivan
vi the Northern Spy Mining %. wna
called Up Ia Judge Barich's court this
morning, trial being had before q Jury.
The plaintiffs are represented by
Judge Powufs, Ogden Hilus aud ID. n.
-imup; Marshall and Hoyiu appUar Tor
the defendants.
Plaintiff Get forth that they aro
Joint owners subject TO tbs paramount
title Of The l., $. anu in possession Of
the mining Ulaim known ~ tnu pnkin,
situate IN Ruby Hollow, finite
mining district Jush county, tho same
heiug principally valuable Tor the
iIvcran other precious metals therein,
aud Tor certain wells containing water.
10 o. then alleged that on or about
November lad 1900, aud subsequent
thereto, no defendants uulawfully
broke and entered upon the plalnunp
mining claims aud with hortef, ~ ag0us,
etc., troI down and otherwise Injured
the premises, also removed large quan.
titles Of water doing damage iu tho
fum OF $500. For this amount they
fur aud aleu- pray for an order NJ court
rrsirnining the defendants nom further
,fpspasg.
IA their answer the defendants Gu.
tered general denial 10 tho plain
.ls' statements AMI aver that iat
many years prior 10 Nov, 1890, wells
had been dug ON tho ground covered
mud embraced IN the alleged pekiu
mining claim, that such wells hui
legu dug anu water procured there.
q on by tnu predecessors iu interest OF
the defendants; that .hu area In quei.
lon is valuable solely GA account OF
the wril-, anu at the date Of the dig.
rlng WAS public land OF Tho u. 3,
without any indications uf mineral.
Tho wells aud water thofuirom, fur.
idcf say the defendants. were usod by
the owners Of tue Northern Spy,
which mine was Transferred ana
conveyed by tho legal owners
20 them long prior to Nov,
1890, anu with the claim were trans.
iefred all rights % the wells, and
under such right ~ acqulfedi the de.
lendnnth hal rom time 20 lime drawn
from the wells all water necessary for
the use VI IT. employees nj tho mine.
The drawing aud taking OF water were
tho wrongs, ttospassUs aud Injuries
complained Of By the plaintiffs snd
none other.
Il seems likely that tho hearing viii
last several days, M there uro quite a
number VI Witnesses 10 be examined.
OTHER MATTERS.
Hudson Smith W Wendell Benson.
Attorney l.. W. Tatl0ck mentioned the
death Of the Defendant Ia this suit aud |
tulgested the substitution OF another |
person, who was not now named, how. |
ever. The order previously made |
sustaining thu demurrer was now |
vacated,
In the case Of Anderson Of al W the |
sait Lake Loan anu Building assooia. |
ZION, time was given till May let 10 filu |
amended complaint
PrltchUlt W.. the Bingham Canyon |
Mining Go. Leave given an May let |
10 Ole amended anu substituted com.
yluluL