Weekly journal-miner. [volume] (Prescott, Ariz.) 1908-1929, 1914-11-25
MANY CASES IN
COURT FIRST
DAY
(From Thursdays Daily.0

superior court held yesterday, a
great deal of business was trans
acted and the calendar lined up for
quick action to the end.
The last case considered was that
of Yavapai County vs.. d. Nj. Clark,
seeking TO collect money alleged to
be due the county as the result of
the drawing of alleged fraudulent
road warrants The question re
solved itself into a hearing of the
motion of the defendant, through
his attorneys, Anderson & Lamson
and ]. Z Russell, to dismiss the
action, and on a plea OF abatement
1t was argued that the county at
torney filed the suit without the au
thority of the board of supervisors,
and that the resolution passed by
the board on November 10 ratifying
the action OF the county attorney in
filing the suit prior to this time was
contrary to law and did not confer
authority as intended by the resolu
ton The county attorney, through
Assistant ]. H. Morgan, argued
strongly that the November 10th ac
ton of the board was a fulillment
of the law, by virtue OF which au-
thority was conferred. The motion
for plea in abatement was set for
formal hearing, after the consump-
ton of over an hour in arguments
pro and con, on December 20 at two
p. m.
Two tax collection cases by the
county of Yavapai against the Sara
toga Mining Company were con-
sidered. R. L. Morrison in these
cases withdrew as counsel for de-
PENDANT and J T. Russell was sub
stituted. In the first case the de-
PENDANT demurred to the plaintiffs
complaint, Mr.. Russell arguing the
question at length and the court TAX
ing the matter under adviscment
for decision later. In the second
case OF same title defendant offer
ed a plea in abatement. and after
argument for the defendant by Rus
sell, and for the plaintiff by Hawkins
the court also took this case under
advisement. The plea alleges that
no legal assessment had been made,
that the complaint was insufficient
upon which to base action, and that
the two cases against the defendant
were so interviewer as to make II
necessary they be separated.
The water right suit entitled D.
w. Thomas VS.. Geo. Freyda ct al
came up on argument OF dcmurrers
filed by H. H. Linney for the de-
PENDANT, opposed by Anderson &
Lamson for the plaintiff. Judge
Smith sustained the demurrers and
granted the attorneys three days in
which to file an amended answer
The water rights involved are in the
Big Bug district.
Judgment for Taxes.
Judgment was rendered against l.
B. and Lelo NJ. Perrin, owners of
the well known Baca grant lands in
the northwest part of Yavapai
county, in the sum of 81, S6958, and
$92.O2 interest, for taxes OF 1913. il
II. Morgan appeared for the county
il this case, the defendants failing
to appear.
Other Business.
Mrs. Augusta Crcsscy was.
appointed administrator OF the cs-
tate Of O. F. Ekcroth. her b. other,
who recently committed suicide in
Prescott.
The case OF the State Us. Grey
was dismissed on motion OF J. J.
Hawkins, without prejudice, as was
also the case OF State vs.. Dickin-
son, by motion OF the same attorney.
Tic administrator OF the estate
of Steve Balog was authorized TO
settle the estate J. J. Hawkins
Withdrew as attorney in the case,
the matter being in charge Of II.
II. Linncy
On motion of Attorney Ruthcr-
lord, OF Jerome, the collection case
entitled c. II. Rutherford and NJ.
N. Gordon Us. Lee lice. was dis
missed. The attorneys named sought
to collect legal fees from the de-
PENDANT in this case.
r. L. Morrison demanded trial by
jury OF the case OF Benedict vs..
the London Arizona Mining Com
pany This case is concerning stock
and involves the sum OF Sl98025.
The mortgage foreclosure suit en-
titled Cora Sudcr vs.. Albert Heller
ct al was argued on dcmurrcrs. and
the argument continued to be i'm
ishcd at a future time
In the case OF Sohott v. Myers
Drug COmDauv. to collect a bill Tor