The Alaska citizen., 1911-01-16

Suit has been instituted by An gus MCDougal against L. J. MCCar ". T. r. Lawson. J. (. kellum. Emil Fursttnau and A. NJ. H. Zim merman to recover possession of the Pioneer Lode Claim. which the plaintiff alleges in his complaint he located October II. 1908. and re corded on December 1. 1908. The complaint further alleges that prior 10 the location the plaintiff had dis covered geldbearing rock in place. The property Is situated at the head of Wolf and Fairbanks creeks. and has become well known as the Me Carty prop rty." MCDougall further states in his complaint that in September. 1909 the defendants un- lawfully entered upon the northwest one-Quarter of the claim and have since held and worked it. The plaintiff asks for possession of the property, for damages and for costs.
 Gularte and Fontas. of lditarod City have made application for liquor license The court has set the hearing for January 3l.
 On Wednesday, there being no more cases Cn the calendar for that week. the court took a recess until Saturday. motion day. Two cases are set for trial today. They art P. J. Lynch vs. Dan. Callahan and Patrick McHugh vs. Henry K. Lane.
 The case of the United States vs. John Mendica. an assault and battery case appealed from Commis- sionor Cameron's court at Chatani- ka. was dismissed Cn Tuesday on the motion of the district attorney on account of there being insufii- cient evidence to convict
 The plaintiffs motion for a de fault and the defendant's motion to quash the service of the sum mons, made in Roy V. Nye vs. Frank G. Manley. were overruled on Tuesday and the defe ndant al lowed five days in which to answer.
 The marshars sale of the real es- state has been confirmed in the case of Peter Nachon, J. $. Sterling and Andrew Nachon vs. w. w. Nelson. A judgment was given in the case on October II. 1909, for the sum of s5,6S9. with costs of S121.50, and the property, the Nelson restaurant at Panama was at that time at tached and ordered sold.
 The court having found that the jury verdict of s2,46150 rendered in the case of Frank J. Porter vs. Alex Mitchell was excessive, stated that a new trial would be granted unless the plaintiff was willing to remit the amount of the verdict in excess of S1,S0O. This the plaintif agreed to do on Tuesday last and a judgment against Mitchell was is sued in that amount. The court also granted stay of execution un- til today.
 On Tuesday the court signed an order directing the receivers of the Washington-Alaska bank, F. W. Hawkins and E. H. Mack, to pa! out of the funds of the bank a div idend of 162s per cent. to all credi- tors of the bank whose debts are unsecured and undoubted and prov able by an inspection of the books of the bank.
 On Tuesday an order Of default was entered in the case of Reuben kahler ct al vs. D. H. Delaney, suit brought to quiet title to the Hazard 20 acre claim, situated a quarter of a mile below the mouth of Clea-y on the Chatanika.
 Judgment was rendered by Judge Overtield on Monday for the plain tiff in the case of the Ross-Higgins company vs. Alfred Nj. Ohlsen, for the sum of s1,367.50 with costs and disbursements. The property at tached is ordered to be sold to sat isfy the judgment. The suit was brought on a promissory note exc, cuted by the Fox Trading company to the plaintiffs, in the sum of sl,- 69S.72, on August 19, 1907. At that time Fred Melius and Alfred H. Ohlsen were partners. Melius later sold out to Ohlsen and the latter paid a part of the note.
 Judgement by default in the case of Charles Hardin vs. John Ninney, for s2 ,257.32, with costs and disburse- bursements, was rendered by Judge Overfield on Tuesday. The amount of the judgment is for damages, the plaintiff claiming and the court find ing that the defendant collected us urious interest to the amount of s1,12S.66 on loan of $7,000.
 On Friday an injunction order was issued in the case of Winne Crawford vs. Charles NJ Crawford, which re- strains the defendant and his agents from selling or disposing of any real or personal property, or transferring or concealing shares of stock owned by the plaintiff or the defendant.
 The restraining order in the case of Charles l.. Thompson ct al. vs. Charles Schaefer ct al, was on Fri day modified so as to allow the pay ment of $610 of the defendants money, now in the First National bank, to the defendant Dora Will liams
 Saturday was motion day in court and the following action was taken by Judge Overfield:
 The motion of the N. c. Go. for a distribution of the funds in the case of Maurice Morino, bankrupt, was denied by the court and the money was ordered turned over to the trustee to be distributed accord ing to the regular forms.
 The demurrer to the complaint in Brown vs. Smith was overruled.
 In Lynch vs. Callahan, the stipu- lation for postponement was grant ed and the case set down for trial