Arizona republican., 1902-12-08

for intervention in the court of this district. but was denied on technical grounds, it being held that the time had passed for the bringing of such an action. Then suit was filed in Pres colt in which the appointment of a re- ceiver. an injunction against the carry ing out of the agreement and other re- lief was asked for. That was recently decided by Judge Sloan denying the ap- plication for receiver, one of the grounds of the decision being that the plaintiffs could obtain relief by stockholders action brought by them.
 Before the final hearing in that suit J. Edward Addicks of Delaware was joined as co-plaintiff. Mr. Addicks claimed to be the holder of 5000 shares of the Cobre Grande stock.
 Hallenborg also brought an action in New York similar to the Prescott suit and obtained an injunction against the enforcement of the agreement ard the appointment of receiver as to any property of the company in that state.
 That was the status of the litigation until last Saturday late in the evening when Judge J. J. Hawkins of Pres colt filed a suit entitled "Axel w Hall enborg and John Edward Addicks against Greene Consolidated Copper Company, William C. Greene, l.. H. Chalmers, Frank Cox, w. H. Barnes, Jerry M!llay. Cobre Grande Copper Company, CanaEea Consolidated Cop per Company George Mitchell and Phoenix National Bank of Phoenix, Arizcna."
 The complaint contains a history of this involved litigation from its incep- ! tiOn in October, 1S99 to the present time in the courts of Arizona, Texas, New York and the Republic of Mexico The prayer includes the following: | That the Judgment entered in April 1901, in accordance with the above men toned agreement be declared void and set aside and that the cause be re- | opened for trial upon it's merits; that | the plaintiffs be allowed to intervene and prosecute the case with as much vigor as if they had been originally co-plaintiffs and that if necessary a receiver be appointed in aid of the ac- ton.
 That it be adjudged that the right of the Cobre Grande to the properties in- ! Volved has not been forfeited by it's failure to make payment of $37 800 on November 26. 1899. under an agreement between Mitchell and Greene or any contract between Greene and the Cobrc Grande but that the company be per mitted to mako payment of the re
 naining installments of the purchase price within a reasonable tirle alter the rcstora tion of the property. Thi: prayer is based upon the claim that before the first instaIlment fell due Greene h1d entered upon a warfar, against the company for the destruc. tion or It's credit in order that it nigh be prevented from making payment
 It is further prayed that the de. fendants be enjoined from destroying any deeds, agreements. or escrows Ci other documents relating to the til, Of the Cobre Grande company to tn property and particularly any papers that were lodged in the Phoenix Ma tional bank under agreements betweeI Greene and Mitchell or between eithe of them and the Cobre Grande company that 9 mandatory injunction be issuet to Greene. Mitchell and the other de fendants to return to the bank any O the above n1med documents that migh have been taken away.
 That Greene. Chalmers. Cox. B1rne and Millay be removed frs:n their of fees as directors of the Cobre GTand' company and that the court appoint il their places stockholders. persons wh' have no interest adverse to those O the Cobre Grande company or are no connected with Greene and Mitchell Tn conclusion Greene. Mitchell and tn Greene Consolidated and the Canane; Consolidated are asked to make an ac counting.
 All creditors of the Cobre Grand company similarly situated to tn !. l nlnfntinTc nra invited into this action