The Alaska citizen., 1910-11-14


 ntou X Kellogg vs. II rnry Wagner and A W. Bachman. a motion of the defendants to dismiss the case was sustained
 On motion of counsel on Tuesday The case of Julius Rahmstorff vs. James Cline was dismissed
 The matter having been settled out of court, the case of John Cliff ford ys Harry Somerset was dis missed Cn Tuesday on the anplica tion of counsel for the plaintiff.
 Judge Overteld rond er7d a decis- ion on Wednesday in the case of Vachon vs. Gibbs X Gibbs. embrac- ing the following findings
 On July $o, 1908. the [. s. mar marshal in the suit of J. P. McCleal- Ian vs. Glray levied garnishmcnt on Gibbs and Gibbs and attached $3lS due 10 Gilroy from them. The firm acknowledged that this amount was owing
 Thereafter Peter Nachon claimed s209 of the $3lS by virtue of an assignment from Gilroy dated July l 1908
 On August 23. 1909. after Judg- ment was rendered in favor of Me Cleallan In the suit against Gilroy, execution was issued and levied on Gibbs and Gibbs and the amount acknowledged by them to be due 10 Gilroy was taken on execution and paid on the McCleallan judg ment.
 The following February Peter Va chOn brought suit against Gibbs and Gibbs fo, the $209 alleged to be assigned by Gilroy July l, 1908, and for the sum of s146 alleged to have been assigned by Gtlroy to Vachon August l. 1908. No assignment to VachOn was ever placed on record and Gibbs and Gibbs allege that no express demand for payment was made.
 The judgment as given in the case yesterday was in favor of Vachon for s2o9 assigned July | 1908. and a verdict for Gibbs and Gibbs as to the $146 assigned Au gust l, 1908, after the garnishme nt
 The court held that the money should have been paid into the registry of the court to allow Me Cleallen and Vachon fight out the question of it's ownership. Also, that payment by Gibbs and Gibbs after knowledge of the assignment does not protect them in suit brought by NaChon the assignee who secured assignment prior to the ievy of garnishment. Further, that the assignment made subsequent to the levy of garnishment does not give the assignee thereof title as against the attaching creditor.
 Signed transcripts of the cases of Long ct al. ys. Becker and Hall et al. vs. McKinnon ct al. were reCeiy ed during the week and have been forwarded to Judge Lyons at ketchi kan for his signature. The cases were tried before Judge Lyons last winter and both carried to the higher court.
 At ketchikan Judge Lyons has filed an order extending the time for the filing of the bills of excep- lions fin the cases of Mayhood 6 Stewart vs. Letendre ct al, and Hall ct al. vs. McKinnon ct al
 Suit to quiet title was initiated on Thursday by Charles Anderson and Charles Lane vs. James Connolly, the ground in dispute being be- low discovery, Fish creek.
 The plaintiffs claim that they are the owners and have been in pos session of the claim for a long time past and that while in pos session on November :. 1910, the defendant Comedy together with Mar tin Murray, Alex McRae and one other person entered upon the prem ises where the plaintiffs were en- gagged in mining operations and unlawfully and forcibly attempted to take possession, threatening the plaintiffs with bodily harm if they did not depart At the time the defendant destroyed the windlass of the plaintiffs and attempted to de stroy their boiler.
 On the next day, the plaintiffs allege, the defendant again entered upon the premises, armed with a double hitted aX and threatened the plaintiffs lives, and he continues 10 now so threaten them, all of which interferes with their work.
 The plaintiffs ask the court to or der the defendant to set forth the nature of his claim, that it be de- creed that the defendant has no ii tie in the ground, that the defend ant be enjoined from asserting any claim or from trespassing, that the plaintiffs be given damages of $1 900 and their costs.
 In judgment given at Ketchikan October 24, Judge Lyons has de- creed, in the case of Mayhood & Stewart vs. Letender ct al, that the plaintiffs recover from the defend ants 14S cords of four-foot and six teen-foot wood, and that the defend ants deliver this at Chatanika. In case the defendants fail to deliver the wood the plaintiffs are entitled to recover of them the sum of s592 with interest. Costs are also all lowed to the plaintiff The case was tried here before Judge Lyons last summer.
 Application for liquor licenses at