Weekly journal-miner., 1914-12-23
OWL COMPANY IS
 WINNER OVER BARRY
(From Sundays Daily.J

Judge Smith yesterday rendered Judgment in favor of the Owl Drug & Candy Co.,. in the case which was tried before him during the last ses- sion of the superior court, in which James Barry sought to collect a con siderable amount of money alleged to be due on notes which the defen- dant company had given in payment of the purchase price of an automo- bile and some other paraphernalia for use in a prize contest at its store The defendant company set up as defense that it had refused to receive the invoice of goods because of the damaged condition in which they arrived in Prescott; also that the notes were signed without the authority of the board of directors.
 The ease occupied the time of the court for a couple of days and :he attorneys filed briefs, following the conclusion of the evi- dence. The plaintiff at the time Of trial objected to the introduction ot certain documentary evidence, and the decision overruled all such ob- jections and released the Owl Drug l ~ SdHuy SOlllPaliS AAOAil Poy iiASA' OA the notes. The case will go to the supreme court for final arbltrament.
 Demurrer Overruled.
 In the divorce suit entitled Clark vs. Clark. the judge overruled the demurrers of the defendant. which were filed by Attorney O'Sullivan. leaving the order of the court in et- [ feet. which means that the defend ant must pay a specified alimony. The court also overruled the de murrers in the civil suit against D. NJ. Clark for the collection of an amount of money alleged to have been obtained by Clark on fraudu- | lent road certificates from Havapai count. Sixty days time was given the American Surety Company in which to file an answer in the col | lection case against it, this company being surety for Clark as road super intendent for the county. This leaves | the matter ready for trial on its mer- its.
 Answer and Plea Filed.
 ! An answer and plea in abatement was filed by Attorneys O'Sullivan X Morgan in the case of ]. T. Ralston vs. George Ramsey Gwynne. This | is a case in which an attempt IS being made by the plaintiff to prevent the Central Verde Ditch Company from extending its workings through his land. The plea in abatement Is bas- | cd on the proposition that all the plaintiffs arc not named in the com plaint and that on this account there ! is a missioner. The answer alleges | that the Central Verde Ditch Com- pany is not incorporated and, there | fore, has no capacity to sue.
 Probate Business.
 | A citation was issued by the court | for the appearance of R. r. Talbot, guardian of Margaret Sarah Devine. a minor and the date for such ap- Ipearance was fixed for January O. | 1915. This estate involves the sum of S25OO0. and the Mutual Fidelity i & Guarantee Company Is on the bond of MT. Talbot as guardian tor SoO,- | GOO. This company now desires to | be released from such bond on ac' count of the fact that Mir. Talbot has left the state of Arizona and the mother of the girl has married again complicating matters beyond t'he grounds covered in the agreement. It ! is also said that the girl has two rich aunts who are liable to die at any time. which will augment the amount of the estate considerably.
 An order was issued giving the widow of John Gundall an allowance of S60 per month from the estate of | her deceased husband.