The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1909-10-02

attorneys. made at Reno last Wednes-
day, Judge Orr issued an order re-
straining the Stall brothers from work
ing the famous Combination lease at
National until the hearing of the
suit in ejectment, which is set for the
10th inst. A copy of the order and the
complaint in the suit were filed in the
district court here Thursday morning
by Attorney Campbell, and Deputy
Sheriff Muller, accompanied by Presi
dent John E. Pelton, of the National
Mining Company, left Immediately for
National to serve papers on defendant
Frank w. Stall.
At the same time the Sheriff's Of
fee wired Goldfeld, and during the
forenoon Thursday service Of the
Courts order was made on George E.
Stall, in attendance at the Mining
Congress.
The restraining order, and the COM
planint upon which it was based, fol-
low:
"The National Mining Company of
Nevada, a corporation, plaintiff, VS..
George E. Stall and Frank w. Stall,
defendants.
On the complaint of the plaintiff,
duly verified, and upon the affidavit
of John E. Pelton, a copy OF which is
hereto attached, it is ordered that
the said defendants show cause before
me at the court house, at Winnemuc
ca, Humboldt county. Nevada, on the
18th day of October, A. u. 1909, why
an injunction should not be issued re-
straining them and each of them, their
agents and attorneys, from doing any
further work of any kind whatsoever
upon the West Virginia lode mining
claim, in the National mining district,
Humboldt county, Nevada, and from
mining, extracting, shipping, removing
or converting to their own use any ore
from said premises or any part there
of, and for such other order as may
be just.
"And it is further ordered that upon
filing the complaint in this action and
the affidavit of John f. Pelton and
this order, and upon the execution in
due form of law of wyitten under
taking with sufficient sureties in the
sum of three thousand dollars con-
ditioned according to law, said bond
to be approved by the undersigned
Judge, said defendants are and each
of them is and their attorneys also
are hereby forbidden to suffer or com
nit any of the acts until the further
order of the Court.
"Done at Reno, Nevada, this goth
day of September, A. d. 1909.
"JOHN S. ORR,
"District Judge" F"
Allegations Of Complaint.
"That on the 21st day of June, A..
d. 1909, plaintiff was the owner of
and entitled to the possession of the
West Virginia lode mining claim and
each and all parts thereof; that the
defendants, without right or title en-
tered into possession of certain por-
tions of said claim and into certain
drifts, tunnels, wines, shafts and
other workings thereon and ousted and
elected plaintiff therefrom and now un-
lawfully withhold the possession there
of from the plaintiff to its damage in
the sum of fifty thousand dollars; that
more than five days before the COM
mencment of this suit, the plaintiff
demanded, in writing, of the defend
ants the restitution thereof to the
plaintiffs, and that the defendants
have failed, neglected and refused to
comply with such demand.
"That the defendants are now and
since said 2lst day of June, 1909, have
been actively engaged in prosecuting
mining operations upon said premises
and in extracting, removing and con
verting to their own use large guam
titles of valuable ore upon said prem
ises belonging to the plaintiff, and un-