Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-07-07
UNITED STATES COURT.

UNITED STATES COURT.
Judge Hawley Decides Several I'm
\, portant Cases Yesterday.
In the Circuit Court Of the United
States yesterday Judge n.cwley deliv-
cred . number Of important DECISIONS
IN the case OF Miller & Lux against
I. B. Hickey and nearly one hundred
other defendants, involving priorities
10 the re:e Of the waters of Walker
r1vef. he granted comDlainants' do
murrers and pleas from tie files on
each and every grourS set forth in
complainants' motions.
: In TIE case of Ritter VS.. Lynch,
wherein Ritter had attempted to To-
cate q pile Of tailings in Virginia City
empounded by Lynch on vacant land
of the United States. the court held
that the building of a dam. and the
maintenance and preservation Of the
tailings impounded, entitled the party
70 doing to the ownership. The court
cited many other facts from the tes-
timony showing the fact of continued
possession and assertion thereof by
Lynch and his successors.
In the case Of Ida X. Clark vs. Eu.
reka County Bank. wherein plaintiff
sued for $4,000 damages for the
wrongful conversion of one-twelfth of
the stock of the Rocco. Homestake
Mining company, which stock had
been deposited by General Clark in
his life time with the defendant under
an agreement that the same should be
held until it was finally determined
to whom it belonged. the court held
that the terms of the agreement refer.
red to the existing conditions prece
dent had been fulfilled by General
Clark and his successors, and ordered
judgment entered for plaintiff for the
amount proved, s11,25l75 and costs
of suit. Alfred Chartz and n. Solder
burg represented plaintiff, and Cheney
4 Massey & Smith represented defend
ant. The result was hailed with de
light by the many friends of Mrs
CLARK, who, with her late husband
figure most prominently in the histo,,
pf Carson.
company VS.. Douglass ct al, an &C
ion on demurrer, the court override;
the demurrer.
In the case of T. L. Odde VS. Dot
glass ct al, the court decided that tn
case be dismissed on lack of jurisdic
ton, as both parties to the suit wer
residents of this State. This throw
the case into the courts of Nevada.
In the case of Meyers VS.. Jacob
the case was decided in favor of tn
defendants to the suit The case pre-
esting points tried in this State i
years, and the decision of the cour
was the most complete of any rendel
ed in some time. while the histor
reads more like romance than la
points.
The suit was commenced to Sc
aside certain deeds, and other tran:
fers of valuable properties made b
Mrs. Lachman to her daughter Mr.!
Jacobs, the suit being brought by Mr.:
Meyer, a sister to Mrs. Jacobs, as sh
claimed that undue influence had bee
exercised and that her mother at tn
time of the making of the deeds wa
mentally incapiciated. The court d.
clares that the deceased was SCUM
mentally and fully capable to max
such t-ansfes as she did that no ev
dence had been offered to show othe
wise and decided the case according
~.
One Of the Demuliar conditions {
the case is that the two having 81
tiers had never met until in the la
courts, as they were born twenty veal
apart and the first was married an
away at the birth of the second In tn
courts review of the case all OF tn
family history, the estrangement, an
the final meeting is brought out, t
gether with considerable that is III
usual in cases at law.