The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1909-11-09
JUDGE ORR ENJO|NS
STALL BROTHERS

Mining Company OF Nevada VS.. Stall
Brothers, issuing an order restraining
attendants from operating the Com
h;uation lease on defendants IS Charles
ton hill property at National until the
ouestion of the validity of the lease
has been determined. Judge Orr based
bis opinion on the fact that the author.
tiles all hold that in mining cases,
where there is substantial ground for
controversy, an injunction must lie.
History Of Litigation.
Early in March of the present year
John e. and George 8. Pelton, of Reno,
by their attorneys Judge s. s. Downer
and L. G. Campbell, brought suit
against J. L. Workman, ct al, to sa-
cure control Of the National Mining
Company of Nevada, which owned
group of rich claims situated on
Charleston hill, National.
In their complaint plaintiffs alleged
that on or about January 10, 1909,
they had entered into a contract with
defendants by the terms of which they
were to purchase 10000 shares of the
capital stock of the company, paying
therefor the sum OF 10 cents per share
upon the execution of the contract;
that on or before April 10, 1909, they
we're to purchase 10000 more shares
at the same price, and on or before
July 10, 1909, 100 900 additional shares
ct 10 cents; that plaintiffs paid the
sum of $1,000, as stipulated, receiving
therefor 1000 shares of the company's
stock; that on the 9th day of March,
1909, plaintiffs rendered defendants
the sum of $4,000, and demanded the
remaining 100000 shares of stock, but
that defendants declined to receive
the money and refused to deliver the
stock.
The First Delay.
When plaintiffs attempted to OBJ
tain service upon defendant Workman
it was discovered that he had left the
state. Accordingly service was OBJ
tanned by publication, which occasion
ed delay of several weeks. The case
was called on April 20, but at that
time .defendants' counsel was engaged
in prosecuting a murder case in the
district court and the matter went
over, by stipulation.
Judge Pike Issues Restraining Order.
August IA, at Reno, Judge Pike
made an order restraining the Nation
al Mining Company of Nevada, j. L.
Workman, ct al, from operating the
National mine until the hearing of the
ease, which was set for the September
term.
Case Settled Out of Court.
On August 2s, at meeting of the
parties in interest, held at the First
National Bank Of Winnemucca, the
ease was settled upon the purchase by
Plaintiffs Of 10000 shares of stock re-
cents per share. The old officers then
resigned and the Peltons assumed con
ud of the company.
Suit to Cancel Lease.
When the new board of directors as
"med charge of the company's affairs,
they found that what was known as
the Combination lease, owned by Stall
brothers, had been renewed by the old
Dard Of directors, or part of them,
upon its expiration in June.
On September 20, at Reno, Judge
Orr issued an order restraining Stall
brothers from operating the Combina-
tion lease temporarily and an order
70 show cause why the injunction
should not be made permanent The
next day a complaint was fled in the
District Court, in which the National
Mining Company Of Nevada sought
TO cancel the Combination lease, alleg
ing that the same was void for the
reason that it was fraudulently obtain
ed and had never been properly rati-
fed.
At the October term of court defend
ants filed answer and moved to have
'ne restraining order set aside. On
october 10 Judge Orr granted defend
ant 8 motion, on technical grounds,
ana the question of granting an in
Junction was heard. Evidence was
submitted to the Court, who took the
matter under advisement until yester-
uay, when a ruling was made as above
stated.
Ihe matter will now come up at
'ome future day on the question of
'he validity of the lease. Tn the mean
'''he the Combination lease will be
shut down.
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