The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-04-11
A Big RUSH
MARKSCLOSE
DISTRICT COURT ADJOURNs AFT
ER TWO BUSY DAYS-CITY
WINS FIRST BLOOD AGAINST
c0UNTY-OTHER ACTIONS.

With final rush the business of
the district court special term was
closed yesterday afternoon at 5
O'Clock, Judge Brown completing
hearing OF every action. Several
cases OF more or less importance
were heard, the most important be-
ing that of the City of Ely VS.. White
Pine county for recvoery of one-half
the liquor licenses collected during
the time since incorporation. the
amount being sl3S1.55. Judge
Brown handed down a decision ia
yorable 10 the plaintiff after having
taken the matter under advisement
on Thursday. when it was argued.
In rendering his decision the Judge
stated that the city had a right to
the money even though the license
collector had failed to pay it into The
city treasury. ihe lfmit of time in
which the claim might have been
made had not passed. he ruled, as
the city had no cause of action until
demand was made in February and
refused. With one amendment he
ordered the complaint to stand, over
ruling the demurrer and giving the
county 10 days in which to file an
answer. The city thus draws first
blood.
In the case of Bost VS.. Siegel Con-
solidated Mining company motion
was made by the attorney for the de-
Tense that the complaint be made
more definite. This was denied while
the demurrer to the complaint was
oyerruled and the defendant company
given 20 days in which to hle an
swer.
An order was entered confirming
the sale of a one-sixth interest in the
clipper mine by Mrs. Teresa Nun
gerson. guardian. to +. S. Pheby. The
nroceeds of the sale. $2,50O. were
ordered used in necessary expenses
of Louisa, Carrie and Annie Riepe,
minors.
Attorney W. ]. Wallace of Cherry
Creek appeared asking the appoint
ment of George McMurray as the
guardian OF Agnes N. Blanche h,
ghomas and Clara I. and John L. Nc
Murray. minors. The petition was
granted upon condition that McMur-
raw fIle bond of $1,000 for admins
tration OF the portion of each infant.
In the action of State of Nevada
vs Hotel Northern. for collection OF
taxes delinquent. the demurrer was
oyorruled and the defendant given
40 days in which to file answer.
The action of Miller VS.. Mcdonald
Ely Copper company the demurrer
was oyerruled, the defendant bcing
given 20 days in which to hle an
swer to the complaint
In the action of Salt Lake Hard
ware company VS.. the White Fine
Cold Mining and Milling company.
,ha demurrer was overruled and 20
days granted for filing answer. The
sama action was taken in the case OK
n Weiser and others VS.. the same
Tho motion to have the action OF
Ola Hansen Va. Frank Clark tried be-
sora the court instead of by Jury
was denied while the motion Tor
,emporary Injunction against the
nisjntif was also denied.
In the case of Aiken VS.. Austin,
.,torney Jurich moved to strike out
nortions OF the answer of the de-
,ense The motion was denied on the
rraund that it was improperly put.
Tha matter was amicably adjusted
however, Nv Attorney Reeves agreeing
- withdraw the present complaint
snd ale an amended complaint with
In 10 days,
FINAL settlement of the estate OF
oabriel zanoli was had and vtncenso
ami was released from his duties
as % executor The estate was large
a0s a0 deceased having held consider
s, oh,e real estate and mining property
~ Tn the case of the Alaska Copper
.omnany VS.. Nevada Consolidated
,ba court ordered that If the plaintin
snI sa;ny . nonresident of the state. did
uot Ale bond to cover costs OF tne
nasa Us the action will be non-suited in
20 days.