Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-03-08
The oPH,R SUIT.
- .uys-
Four Hundred thousand Damages
Asked by the Golden Gate Com


pany.--
The case of the Golden Gate Mill &
Mining Company VS.. Ophir Silver Mn
ing Company, Chas. H. Fish. Charles
Hirshfield. A. W.. Ravens. A. F. CONN,
Nat T. Messer. John W. Twiggs, The
Nevada National Bank Of San Frau
| cisco, and few Does and Roes and
Foes, involving the values of the ores
extracted, shipped and reduced by the
Ophir Mining Company in Virginia
| City in which suit 100000 damages
are claimed. is not suit OF recent
date. as has been announced by the
newspapers,
| The acton was brought by the PLAIN
| tiffs, headed by Hank Mitchell formet-
ly Democratic war horse in Nevada,
on the strength of his former owner
j ship of shares Of stock in the Vermont
Consolidated Mining Company, in the
Superior Court CT San Francisco,
Judge Graham, presiding, plaintm
claiming that the Ophir Company had
extracted $500, 900 worth of ore contain
ed in the Vermont ground, and claim
ing that on March IS, 1878, the Yer
mont got a patent from the United
States for the ground and that the
apex Of that ore is within Vermont pat
ent lines. Plaintiff claims that on the
18th. OF January, 1880, it became the
owner of said ground, and that on the
first day of August. 1903. defendants
ether than the Neada National Bank of
San Francisco unla wfully entered upon
said ground and dug out the ore AMI
took it away The Bank is made Il
party defendant simply because the
Ophir Company has money on deposit
in said bank and it is sought to enjoin
it from paying it over to said defend
ant
The action is brought in San Fran
cisco while it refers to property sitn-
a}ed in Nevada, and w e. F. Deal, at
ta-ney for defendants, has sued out q
writ of prohibition in the Supreme
Court of California. to prohibit Judge
: Graham from trying said suit upon the
ground that he has no jurisdiction
over property situated in Nevada, and
that said Judge threatens to try said
case anyhow.
Briefs have filed in the Suprema
Court of California By boil. sides and
will probably be decided before March
II. 1905, because as per order of Judge
Graham, defendants must answer on
or before March II, 1905, unless the
lower court grants an extention of
time on the ground that an importan!
question of Jurisdiction is pending in
the Supreme Court
- 1t seems likely that the case will
be transferred to Storey county. where
: the plaintiff Doesn't want it, as it is
difficult to conceive how the Superior
Court of California has any jurisdic
ton over mining claim in Nevada
!, although it might obtain jurisdiction
II over stockholders and officers interest
ed in such mining claim.
:; The plaintiff claim that the defend
: ants trespassed on it's mining ground
! this involves the question Of title, AM
. it is difficult to see how any court car
: have jurisdiction over such question
except courts situated in Nevada
either State or Federal
1t might be, though. that the com
plant states facts sufficient to con
stitute a cause of action to give i
jurisdiction over the persons involved
and not the estate involved; in which
case the California Court might re
tain jurisdiction to that extent-an
might reach the moneys in the Ne
vada Bank belonging to the Ophi
Company Yet it is exceedingl,
doubtful that such judgement can b.
obtained without proving title to lant
situated in New ada, and that seems +
be absolutely necessary in order I,
recover the judgement and deere
sought
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