The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1904-07-16
SUIT TO RECOVER DAMAGES.
The U. s. Mining and Smelling Com
pany of Alpha Begins an Action.

nv " ~
pany Of Alpha Begins an Action.
An action was brought in the Third
Judicial District Court in Eureka on
July 5 in which the United States Min
ing and Smelling Company, q corpora
ton, is plaintiff. and T. A. Burdick, de-
PENDANT.
This suit is the outcome Of a Sherif's
sale that took place in the Antelope Min
ing District. near Alpha, Eureka Coun-
ty, on June 9, when Sheriff T. A Bur-
dick sold certain personal property and
household goods belonging to William
Whalen on an execution issued out OF
the District Court in Eureka on May /
for a Judgment rendered in said Court
on April 30 in favor of William Leigh
ton and Jennie Leighton, his wife, for
1894. 90, with cost of suit amounting to
ss62. 80. The contention is that part of
the property sold did not belong to Will
lam Whalen, and that part Of it was ex-
empt from execution. {
The United States Mining and Srielt-
ing Company, the plaintiff in the action
begun last week. complains and Alleges:
That the plaintiff is a corporation, duly
incorporated and existing under 1.-THE
laws of the State of Nevada that on
the 9th day of June. 1904. and for a
long time prior thereto the plaintiff
was the owner and possessor of, and is
now the owner of certain personal prop
erty situated in Antelope Mining Dis
trict, Eureka County, which the de-
PENDANT, T. A. Burdick, on June 8 un-
lawfully took and carried away, and
converted and disposed of to his own
use, to the damage of the plaintiff in
the sum of 1885. For the second
cause of action the plaintiff alleges that
on June 9, 1904, and for a long time
prior thereto, one William Whalen was
the owner and lawfully possessed of
certain necessary household, table and
kitchen furniture situated at Antelope
Mining District, Eureka County, which
the defendant unlawfully took and car
ried away. and converted and disposed
of to his own use. TO the damage of said
William Whalen in the sum of $l45l I;
that said William Whalen on June %,
while the owner thereof, sold the per.
sonal property described in the com
plant to the plaintiff, the United s ates
Mining and Smelling Company, and
sold and assigned to it all actions and
cause of actions against the defendant,
Sheriff Burdick, for taking and con-
verting said property, and all damages
resulting therefrom. The plaintiff de-
mands judgment against Sheriff Bur.
dick ON the first cause for 1885 damages
and costs, and on the second cause $145l
damages and costs of suit.
A summons was served on Sheriff
Burdick last week to answer the com.
plant filed against him by the United
States Mining and Smelling Company,
and on July 8. through his attorneys,
he filed a demurrer to the plaintiffs
complaint, alleging that the w causes
of action do not state facts sufficient to
constitute a cause OF action against him,
and praying that he may be dismissed
with his costs.
The United States Mining and SInelt-
ing Company is represented by ex-
Supreme Judge M. 8. Bonnifeld of
Winnemucca, and Cheney, Massey &
Smith of Reno are attorneys for Sheriff
Burdick. The case will come up at the
lex session of the District Court.