The White Pine news. [volume] (Treasure City, Nev.) 1868-1906, 1898-12-08
DISTRICT COURT PROCEEDINGS
Compromise Verdict In the Eager
Mathewson Case.

The first case called last Thursday
morning was that OF Dennis McAllen
VS.: John Anderson. The demurrer of
the defendant was oyerruled. Plaintiff
was given 10 days to file an amended
complaint and the defendant was given
30 days TO answer
The case Of John Anderson IS: J. B.
Mathewson on motion for the plaintiff
was continued for the term.
The case OF T. X. Jones gs: /. II.
Chase ct al. was dismissed on motion Of
r. X. Murray, counsel for the plaintiff
The above cases were quickly dis
posed of and the Court proceeded to the
trial of the case of N. Eager VS.: c. A.
Mathewson, which dragged along until
about six O'Clock the following after
noon. Judge Riyes was attorney for
the plaintiff, and f. s. Harrington and
G. A. Walker for the defendant.
The following jury vas chosen; II L.
Baker, F. ]. Kell, John Wearne, Sol
Hip, Orson Hudson, ], c. Marriott,
Ira Abbott, Ed Gilliland, c. F. Merger,
P. Keegsn, Steve Baker and John
Smithson.
Mr.. Eager, Ben Payne and VIII
Moorman testified FOR the plaintiff and
Mr.. ann Mrs. Mathewson for the de-
Tense. The testim-ly boiled down
showed the facts to be about as follows:
About May LIST, 1898, Mr.. Eager con-
tracted with Mr.. Mathewson for about
900 head of cattle the contract further
particularizing that Mr.. Mathewson
should deliver on the contract all the
cattle that he might receive on four
contracts already made by him with
four other parties, Messrs. Halstead.
Dugan, Toni and Locke, comprising In
all about 30S head, and besides, so or
more of his own. Mr.. Eager paid 5000
to bind the bargain. On the day OF
delivery at Willow creek, July End,
Mr.. Mathewson appeared with only 179
head, y Of his W and l07 that he had
iCCCtfCa Oh ehC obOFp ultubAOAApu COu-
tracts. Mr.. Eager refused to accept
any but the full number and subse-
quentiy' brought suit for $500 damages
to the 5000 forfeit money and
the loss which he had sustained thro'
not getting the cattle, which had risen
considerably on the market.
The whole case turned on the inter
probation OF the contract. Counsel for
the plaintiff claimed that, II the defend
ant failed to receive as many cattle as
he expected on the four contracts above
mentioned, he should have delivered to
the plaintiff sufficient of his own cattle
to make up ''about 300 head. Coun-
sci for the defense maintained on the
other hand, that II the defendant offered
to deliver ''all" OF the cattle that he
or more of his own, which the DOZEN
ant testified that he did do, hen he had
fulfilled his contract, and was entitled
to damages from Mr.. Eager for the e
pense Of gathering and driving the cat
vac w 0llOW CF6ch. JuuBc ldiDOb bODh
the latter view and instructed the jury
strongly in favor OF the defendant. The
Jury, hewever, brought in a verdict of
$500 damages for the plaintiff. This
was practically a compromise, as Mr..
Eager was out 500 of his forfeit money
while Mr.. Mathewson had to pay the
costs. The customary motion for a new
tri | was made by the defendant.
The case OF VIM. Hayes, Administrs
tor Of the Berry Estate, VS.: fhos. Free
hill, appealed from the Justices Court,
was argued and taken under ADJUSTMENT
by the Court.
J. B. Williamson, Administrator of
the Estate OF w. II. Fillmore, filed his
hnal account and was discharged.
Mrs. Theresia Magnuson vas appoint
ed legal guardian of the estates OF her
minor children, Louisa NJ, Annie c.,
and Carrie c. Rieps.
E. II. Decker, Administrator of The
Estate Of Henry Isiepe, llsd his aSal
account and WAS d!sch trged
Ia The estate OF =. r. Iuo'nas, n pe.
titlon was presented for the SIS vi real
estate, see notice in another column.