The Goldfield news. [volume] (Goldfield, Nev.) 1904-1911, 1910-07-02

no,d6eld TOWNSHIP, James Donovan
IA Joseph Hamilton, Judge someri
landed down an opinion holding
-. the complaint contains a cause OF
..;on against defendants Stevens and
n..ovsn. and also holding that q
,.,ce of but $3.50 per single lot is
n .bat can be legally charged those
m,rehasing lots in a government town
=, through 3 trustee. The demurrer
- defendant Hamilton is sustained
Tia decision follows:
p. Camou, plaintiff, vs.. Theron
steyeus, trustee of Goldfeld townsite;
lanes Donovan, and Joseph Hamilton,
defendants.
Richard s. Miner, Esq, appeared as
.,,oruey for plaintiff; Thomas E. Elan
agan, Of counsel.
Detch & Carney appeared as at
,orueys for the defendant Theron Stew
ems, Trustee.
v. H. Bryant, Esq, appeared as at
,ornev for the defendants James Don
ovau and Joseph Hamilton.
The Court: This action is before the
eourt upon demurrers interposed to the
ulaintiff' Is complaint, as follows: A de-
murrer by the defendant Theron Stew
ems. as trustee, that the complaint does
mot state facts sufficient to constitute
= cause of action. A joint demurrer by
tho defendants Donovan and Hamilton,
first. that the court has no jurisdiction
of the subject-matter of the action, to
wit: (a) that the matters involved in
said complaint have been finally adjudi-
Gated in another department of this
court. before the Honorable Theron
Stevens, Judge; (b) that the amount il
yolyed is without the jurisdiction OF
this court; second, that the plaintiff has
no legal capacity to sue, in this, to wit,
that he cannot bring action except for
himself and himself alone, and has no
authority to initiate suit for another
party, or in favor of another party, as
appears on the face of the complaint;
third, that the complaint does not state
facts sufficient to constitute a cause of
action.
The complaint sets forth that the
action is brought in behalf of the plain
tiff, and in behalf of all other citizens,
residents and inhabitants and lot
claimants of Goldfeld and South Gold
field TOWNSHIP, similarly situated with
himself, for the reason that the ques-
tons involved are of common and gen
eral interest to many persons, residents
and lot claimants, and it is i~mpractic-
able to bring them all before the court.
1t appears from the complaint that
the plaintiff is a citizen and resident
and lot claimant of the town of Gold
field; that the defendant Theron Stew
ems is now and has been since the 18th
day of June, 1909, one of the judges
Of the above-named court, and that he
was appointed trustee of the inhabi-
tants, citizens and 10, claimants in said
GOldield and South Goldfield town
sites, pursuant to a. act of congress OF
the United States, entitled can Act
for the relief of the inhabitants of
cities and towns upon the public
lands" and also under an act of the
legislature of the state of Nevada EN-
Titled IAN act prescribing rules and
regulations for the execution of the
Hust arising under said act of con
sress'; that in pursuance of said trust
SAID trustee, Theron Stevens, entered.
IN the United States land Office al
carson city, Nevada, the lands I'm
ofaeed In the said townsites, aggregat'
NNeoy ohO Idiu lOi So.N pupiS
lands at the rate of $1.25 per acre; that
" patent was issued to the said Stew
gus as trustee of the said lands, il
rust for the inhabitants thereof; that
'ue said trustee, Theron Stevens, al
"~ed to one James Donovan, an attor
aey at law, the sum of $4,000 out OF
INC trust estate, for his services il
SUI concerning the issuance of sale
patent toSsaid trustee, pursuant to al
award Of four arbitrators appointed BY
0efendants Stevens and Donovan
'aas SAID $4,000 was charged agains
'@'a lots pro rata as a proper expense
"a' the plaintiff is a lot owner in sal.
""uSlte and received his dec
"ua the said trustee, and tina
was compelled, before receiving tn
70 pay to said trustee the sun
sio.25, and that the Said $lO.25 in
aeu as a part thereof $3.45 for tn
plaint;g,-