Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1908-04-07
WEST end IS
GRANTED time
DESPITE THE ALLEGED DESPER-
ATE FINANCIAL CONDITION
OF MCNAMARA COMPANY

vi iIHCIN <ANAAAAA ONJANAA EAAN =
In the application of the West End
Mining company for continuance of
the time of commencement of the
trial of the case of the West End Min
ing company against the Mcnamara
Mining company, Judge Langan in
the district court made an order that
the time be continued until the third
day of August, 1908. The affidavl.s
of the witnesses on behalf of the Nc
Namara company disclosed that the
vein has been traced and identified
for a distance of 1880 feet, in an
east and west direction, in the
ground of the West End mine. The
West End Mining company asked the
court for sufficient time to continue
this admitted vein through the END
line. distance of ESQ feet further.
BY the affidavits of the West End
company, not disputed, the plaintiff
company was running their drift,
westerly in a strong vein of very rich
ore, with every indication that the
ore body would continue through the
end line.
The Mcnamara company asked fol
a dissolution of the injunction, ir
case the continuance was granted
and urged its desperate financial con
dition as a reason.
This condition is described by th'
president, Joseph L. Joseph, in tn;
following language:
That at great expense, defendan
discovered limited body of ore IL
the limited territory beyond the zon'
of litigation, which has enabled it t
pay its expenses for the past few
weeks, but that the limits of or
which will pay to ship at the presen
i time are being reached and defend
ant has not ore blocked out in sight
but has been compelled to mine an
| take out said ore at a great disad
vantage and not in accordance wit
economic methods of mining tina
In all probability it will be necessar
to borrow money at exorbitant rate
of interest, and 1t may be impossible
j to secure any money under presen
conditions, If said injunction is Ions
|, er continued in force
Il In the affidavit of J. w. Chandle
superintendent of the McNamar
mine, it is stated:
Said defendant has been unabl
to ship any ore or secure any incom
from ore shipments and the treasul
of said company has become graz
ually depleted, except in the last fe
weeks defendant has been able /
mine and ship limited quantity {
ore from very limited territory i
said Mcnamara mine, which extend
beyond the zone in dispute"
The West End company conten,
ed that the showing of the McNamar
company was that the latter compan
was insolvent. That it was attemp
ing to dissolve the injunction in o
der that 1t might gouge ont the OF
in sight.
In which event the judgment,
any, which might be secured by til
West End company would be for
mine in which the ore had bee
worked out by its adversary, wit
; the alternative Of an execution +,
: damages against an insolvent cor
: pany.
The court refused to attach ii
condition Of dissolution of the Il
junction to the order granting Il
continuance.
The judge stated that the bond
100000 given at the time the 4
junction was granted, was ample pr
lection to the defendant. in case al
damage resulted
Attorneys F. Peck and F. J. Soil
sky of San Francisco, represented Il
: West End company, while Attorne
M. R. Averill and W. E. Colby a
peared for the Mcnamara people.
F. |