Bisbee daily review., 1908-05-26
STOCKHOLDERS
 WANT JUDGMENT l. OPENED AGAIN
Mining Litigation Took YeSter- days Session of the District Court at Tombstone Before Judge Doan.
Especial to The Review.j

up pr1ncIp2iIy 10 mining HugatlOn. The principal case being that of the stockholders of the A. M. & T. Com pany of Douglas, who seek to have a judgment set aside that was confessed by c. A. Overlook, president of the company, in the court recently, in the case of J. J. Benton against the com pany for debt alleged to be due on a note in the sum of s21.O00.
 The case is an important one in mining circles. James Reilly and Ben Goodrich will appear for Costello and c. L. Rawlins of the firm of Raw lins and Little will appear for the shannon Copper company.
 The complaint alleges that in May, 1905, the plaintiff began suit against the Copper Belle Mining company to foreclose two mortgages, one for the sum of $15 900 and one for the sum Of S53,000 with interest, costs, etc, on the mining claims and improvements of the company located in the Glea- son mining district. That at the time said suit was commenced, the prin- cipal sum of the notes secured by the second mortgage had not nor had any part thereof become due. That on the 18th day of January, 1907, judgment was obtained in the district court on the first mortgage for the sum of S21,- 360.39 and that the Copper Belle com pany appealed the case to the su- preme court and it is still pending.
 That while said suit was still pend ing in September, 1906, the Copper Belle company leased the property under mortgage to the Shannon Cop with tho rriyTilaTyn pf working and shipping ore from the properties. That since the signing of the lease the Shannon company has taken out of the Charleston mining claim about 30O,0O tons of ore and is at the present time shipping in the neighborhood of 100 tons per day, That the company in taking out this ore is not doing so in a workmanlike manner and has failed to comply with the terms of the lease which required it to do the annual assessment work on the non-patenteda claims and did not do work for the years 1906 and 1907 so that the plaintiff in order to protect his interests was compelled to do the work for those years at a cost of s1,514. That in working the said Charleston claim the company is mak ing large excavations and is not tim beFing them as should be done and is getting the mine to such an extent that the value of the plaintiffs secur ities has decreased to the extent oi S90,000 besides interest, costs and at torneys fees, and that if the company continues to extract ore from the Charleston claim he will be damaged to that extent.
 The complaint further alleges that the company on the 24th of April re fused to allow the plaintiff with a sur yeyor and a practical miner to enter the property, in order that they might see the manner in which the work was being carried on in the property
 The prayer of the complaint asks that a restraining order be issued against the defendant to prevent them from taking any ore out of the Charleston claim, which is said to be the only one on which they have done any work, and that an order be is sued by the court compelling the com. pany to permit the plaintiff to enter the property in order to make an eX animation to determine to what ex tent he has been damaged for a per petual injunction enjoining the de fendants from extracting and carry ing away any ore from the said Charleston claim and for damages i1 the sum of $90,000 and such other and further relief as the court may deem proper.
 Judge Doan took the case under ad yisement.
 Another mining matter taken up was that of motion in the case of Martin Costillo vs. The shannon Copper Com pany for injunction and damages tC prevent them from working the Cop per Belle property at Gleason, the facts of which case were published in these columns a few days since. The matter was called today for the pur pose of arguing the question of having the court issue an order allowing the plaintiff. Costello, to have entrance tC the property in order to make an ex animation and survey of the alleged damages that have been done so that l the exact amount can be ascertained before the case comes to trial at which time the plaintiff will endeavor to have the injunction made perpetual and tC secure damages in the sum of abou l S90,000 The matter was postponed until June lS.
 In the case of the County vs. The
 Southern Pacific fer the collection O back taxes alleged to be due, the de
 fendant, through it's attorney, Franl
 Cox, interposed a demurrer to thu
 complaint, which was argued at some length by Col. Pickett for the county and the defendants attorney. The matter was taken under advisement b! the court over the noon hour, but nc decision was rendered. The point in
 volved was the same as in the cast
 recently decided in Yuma county b! | Judge Kent as to whether or not thu taxes became delinquent on the sec
 ond or third Monday in December
 Judge Kent holding that it was thu