Amador ledger., 1909-10-01
THE WILDMAN-
MAHONEY LITIGATION
Attachments Issued on Com
plant of J. II. Spring

Sometime ago J. n. Spring commenced
suit against VIM Morphy and the
California Consolidated Mines Com
pany, a recently organized corporation.
The suit grew out OF the complications
and negotiations of sale of the Wildman
Mahoney properties. The complaint
recites that on July p, 1907, plaintiff
was the owner of the Wildman, Ma
honey, Waechter Field and other mining
That on said date plaintiff
sold said properties to VIM. Morphy;
that as part of the consideration de-
PENDANT stipulated and agreed that he,
VIM. ]. Morphy, would pay and dis
charge all existing liabilities, liens,
charges and claims against said mining
-. which might arise
prior to defendant Morphy assuming
of the properties, Plaintiff,
relying upon the agreement and promise
of defendant, sold said properties to
him. Thereafter defendant organized
said corporation defendant--the Cali
fornia Consolidated Mines Company,
and conveyed to said corporation all of
said properties; that said defendant
Morphy transferred to himself all of'the
capital stock of said corporation at time
of incorporation, and became and has
since been president and general mana
GER and that said corporation contracted
and argeed with plaintiff to pay and dis
charge all of said claims.
That said corporation has absolutely
failed and neglected to pay a large
number of existing Liabilities and claims
against said properties; that they per-
mitted large number of suits to be
filed by divers persons against said pro-
perties all of which suits finally went
to judgment.
That on April l3, 1908, C. P. Vicini
bid in said properties for $50, GOO; that
in addition to judgments onSwhch such
sale was based, M Brinn, ~Thos.
Trudgen and Mrs E. j. Bales obtained
judgments against plaintiff on account
of claims they had growing out of the
operation of said properties, which
Morphy and the California Consolidated
Mines Company agreed to pay but
neglected to do so. Said judgments ag
gregate over $1,000. That M. Brinn has
had execution issued against the plain
tiff, and required plaintiff to pay him
the sum of over $1,000 on account of his
judgment, and is still liable for balance
of the judgments of Brinn, Trudgen and
Mrs Bales. -
Defendants filed a demurrer July 9,
1909, on the usual grounds, and on the
same day petition was filed for the
transfer of the case to the United
States Circuit Court, on account of the
non-residence of defendant Morphy,
he being resident of Illinois.
In an amended complaint filed July 10,
1909, plaintiff prays judgment against
defendants for sums aggregating S3935.
IS, with legal interest thereon, also for
any further sums plaintiff may be re-
quired to pay because of the violation of
said contract by defendants.
On July 10, 1909, the court made an
order that the case be transferred to
the United States Circuit Court of
Ninth District upon filing a bond of
$500. On September II, 1909, the
cause was remanded back to the superior
court of Amador county.
A second amended and supplemental
complaint was filed September Is, 1909,
asking for $4653. l6. On the same day
an affidavit OF attachment was filed.
The return of the attachment was filed
September 27, 1909, showing the real
estate attached includes Wildman,
Mahoney mines, 47l3 acres known as
Waechter ranch and lot in Suffer Greek,
and the Keystone gold quartz mine in
Amador City, W. J. MCGEE and Gavin
McNabb are attorneys for plaintiff.
While the attachment has been served
at the Keystone, the mine is running
the same as before. The other mines
under the control of the defendant cor
poration are not in active operation.