The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1904-03-24
District Court
Proceedings.
Austin, Nevada, March 16, 1901

@H0 D"i was IoPfosehbcu ny Juuge
Mayenbaum Gen. Torreyson, Judge w.
ID. Jones, James B. Egan, A. j. Macs
tretti, e. e. Hewlett OF San Francisco
and District Attorney Driscoll.
After the reading and approval of the
minutes of the last day of the last pre-
ceding session, the question Of the con-
firmation of the sale by referee J. A.
Miller, of the Spencer property, in the
case of Geo. s. Spencer VS.. Sarah Spencer
ct. al. was called up. The report of the
referee showed that the property as ad-
vertised for sale in the Reveille during
the winter months brought the sum of
S67, 10000; the purchasers being the
MCGEE Bros of Cortez.
The attorneys for the respective liti-
gants approved the sale which was, by
an order confirmed by the Court and
conveyances directed to be executed 70
the purchasers upon the payment to the
referee of the sum due therefore.
In the matter Of the costs of sale
Judge Jones made objection to certain
items, some OF which were cut down.
The defendants Attorneys made no OBJ
lection to the items as originally put in.
In the case of the state OF Nevada vs.
the N. G. r. r. Co., better known as the
tax suit, certain amendments to defend
ants statement for new trial were Of
fered by Messrs Mayenbaum and Egan
Attorneys for the plaintiff, and allowed.
The motion for a new trial was then
submitted without argument, by the re-
spectiye Attorneys upon stipulation, and
was denied by the Court.
In the matter of the estate Of John
Talleck. deceased, the bearing OF the
petition for letters of administration of
j. A. Miller was continued, on motion OF
Jas. b. Egan, until Monday the 2lst at
10 A, NJ.
Letters OF summary administration
upon the estate OF Matthias Schmith de.
ceased were granted TO Matthias j.
Schmith, son of deceased, upon motion
of w. ID. Jones.
In the matter of the estate OF Charles
Twiss, deceased, decree was made dis
tributing the estate to the surviving
wife, and the estate closed.
The trial account and petition for dis
tribution of the estate of Henry NJ Dris-
coll. deceased, was heard on motion of
District Attorney DriscoIl, administrator.
The account was approved and allowed,
and a decree entered distributing the
residue of the estate.
Thursday, March II, 1904
At 10 a. M. came on for trial the sheep
trespass case of James Cahill VS.. 2. S.
Jensen, at II 80 A. NJ. the following jury
men were sworn to try the case: Thos.
Thomas, NJ. Bianchi, John Zonino, A.
Dorey, Lewis Chiara, John Green, Jos.
Jory, +. E. Chagnon, John Hickison,
Richard Nagle. A. H. Daniels and L. K.
Kendrick.
1t was agreed by counsel, w. ID. Jones
and Jas. B Egan, Attorneys for the par
ties that the jury be permitted to sepa-
rate,
During the afternoon session, Ed.
Cavanaugh and the plaintiff, james
Cahill, we're examined and testified for
the plaintiff. At5A. M. Court took re-
cess until the following morning, Friday,
at 10 a. n.
Friday, March Is, 1904.
Upon the opening of Court this morn
ing Gen. Torreyson of Carson City, At
torney for the plaintiffs in the case of
Chas. Ksarn ct. al. VS.. A. j. Maestretti
ct. al, better known as the Austin School
District case, arose and stated to the
Court, that the School Trustees OF the
district concluded that it would be best
for the districts to accept the offer of the
defendants to pay all costs upor the dis
mssal of the case, and read and had tlied
the agreement to that effect. The Gen.
eral SAID that the Trustees were desirous
of saving as much as possible the school
fund from what may be considerable ex
pense and 20 instructed him, with the
permission OF the Court, to have an order
entered dismissing the action. The
Court thereupon enquired of the respec-
tive attorneys, il the District was to suf-
fer any loss whatever in the way OF cost
or expense either for attorneys fees or
otherwise, and upon being answered that
the School fund would not suffer any
loss whatever instructed the Clerk to
enter the order Of dismissal.
The taking OF testimony in the case OF
Cahill vs.. Jensen was resumed again this
morning.
In the case of Cahill vs.. Jensen, wit
nesses for the plaintiff and defendant
were called and examined during all of
Saturday and until nearly noon Of Mon
day, the 21st inst, when the case was
closed and argument by the respective
attorneys for the litigants was made.