The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1903-05-21
District Court
Proceedings.

lnst., the Hon. Peter breen, presiding.
The case Of Ackerman vs.. Dias was
called for trial, it having been at the
previous term set for the first day Of the
present term. Messrs. A. j. Maestretti
and JAS. B. Egan, Esquires, were the
Attorneys for the respective parties,
waived jury and the case was tried by
the Court. Plaintiff claimed there was
due him from the defendant the sum Of
&62l.25 for work and labor and balance
fox mules and wood sold to defendant.
The evidence was about as conflict
ing as it could well be. with little or no
corroboratirg or circumstances ia sup
port Of either side. The case occupied
all day and part Of night session. 1t
was submitted for judgment at "a past
8 P. N. Judgment was thereupon rem
dered for the plaintiff in the sum Of
$217OO
Wednesday the 13 When court open
ed the demurrer to the amended CON-
plant in the case of the State OF Nevada
Vs. The Nevada Central r. r. Co. was
called up, W. D. Jones appearing for the
defendant upon the request Vt Trenmor
Coffin, Esq. who was unable to attend
personally on account Of severe illness,
and District Attorney Driscoll and JAS.
B. Egan appearing for plaintiff.
After argument bv respective counsel,
the Court overruled the demurrer, CIV
ing defendant 30 days to answer and set
the case for trial by jury the second day
Of the August term Of Court.
Upon learning from the pleadings that
the above case known as the tax case)
was commenced year ago last month,
the Court expressed surprise at the
length OF time it has taken to bring the
case to trial. and with emphasis declared
that dilatoriness in the trial and dispo-
sition of causes would not in future be
tolerated; that il the sum claimed IN the
complaint be due the County the County
should have had it long since, whilst il
it was not due. then the defendant
should have known that fact long ago
and be at peace.
10 the case OF George s. Spencer Va.
Sarah E. Spencer and John H. Spencer,
for partition Of real and personal prop
erty alleged to belong to the parties as
tenants in common. the demurrer OF
John H. Spencer was overruled and de-
fendant given 30 days IN which to ans
wer, and the case set for next term to
follow the tax suit. On motion Henry
Mayenbaum and Jas. Egan were entered
as attorneys for defendants.
A default had been taken against
Sarah L. Spencer for failing to person
ally, or by Attorney, sign the demurrer
interposed, but upon request Of Jas. b.
Egan, and upon consultation with his
client, w. ID. Jones withdrew the de-
fault, and defendant was given % days
to answer, the case being set for the
time above stated.
In the case OF II. r. Lemaire vs. p.
Walsh, the motion OF defendant for
new trial came up for hearing and, after
argument and submission, the motion
was denied, and an exception taken.
The statement on motion was also set.
tied.
On Monday the 18th, A. j. Maestretti.
ESQ.,, presented telegram from e. S.
harrington, Esq., instructing him to
withdraw demurrer and motion in the
case OF B. F. Wilson VS.. the W. T. Jen-
kins Co. and asked for two days in which
to answer. The motion was granted and
defendant given until p. M. Thursday,
the 18th, to answer. The case was set
for trial by jury the first day of the
August term.
PROBATE BUSINESS.
The following probate business was
transacted:
In the matter Of the estate Of Adah H.
Stafrett deceased; the petition for SET
tlement OF final account and for distribu-
ton In the estate came up for hearing.
Jas. F. Dennis, Esq, appearing for Pc
titioner. An order was made settling the
account and distributing the estate.
In the matter Of the guardianship Of
Lizzie H. G. Starratt, minor, an order
was granted permitting Il. Il. Starratt,
the guardian. TO sell aud transfer all the
estate OF the minor to the Mcintyre,
Starratt Co., a corporation, for 26G6 23
shares Of the capital stock Of said cor
poration upon the guardian giving an
additional bond in the sum Of $1,000.
In the matter OF the estate OF Freder-
ick Ahlers Order granting permission
to G. A. Richards, administrator, to sell
any remaining water rights belonging to
the estate OF said deceased, was entered.
In the matter Of the guardianship of
Franklin ]. Ahlers-L Letters of guardian
ship were ordered issued to VIM. Easton
upon his filing bond in the sum Of $50.
the value of the personal property.
In the matter Of the guardianship of
the estate Of Helena II. Ahlers q mi