Weekly journal-miner., 1918-02-13
COURT ASKED ID GIVE RULING ON
 ALIEN ENEMIES
JUDGE SWEENEY WILL HAVE TO DEFINE STAT US OF RESIDENT OF AUSTRIA AS REGARDS HIS RIGHTS AT LAW.
(From Tuesdays Oaily.)

what lS an enemy alen.
 This Is the question which Judge Sweeney of the Yavapai Superior court will have to decide in passing upon a motion filed yesterday after noon in the matter of the suit insti- tuted some time ago by Paul Loncar against yhe Monte Cristo Mining & Milling Company.
 Loncar filed a personal injury case against the mining corporation and when the time set for the argumen, of the law points came yesterday, at torreys representing the defendant moved that the case be thrown oui of court because of the fact that Lon car is an unnaturalizcd Austrian, and consequently without standing in the courts of the United States. While therc is no disputing the fact that a native of a country with which the United States is at war has no right to bring a court action of any kind whilc the war is in progress the question to be decided by the court IS whether or not Loncar con forms to the accepted standard of alien enemies. Before ruling on the matter, Judge Sweeney will have to investigate the case thoroughly and find out, if possible, just how long the man has been in this country and whether or not he is as much of an | alien as the defendants lawyers say ne is. Lord Reading ruled on this same proposition in the London courts in 1917, and the British de- cision in such cases will in all prob ability be adhered to in this parti- cular case, as American law pro- cedure and practice arc governed largely upon the court rulings of ! England
 Mining Company Sued.
 The Nelson Mining Company of the Crown King district was yester- day made the defendant in a suit filed i by Lewis ]. Link, Philadelphia capi- , talist, tEe plaintiff asking for damages approximating S44,O0O, alleging in his ! complaint that the mining firm is in- l dcbtcd to him for this amount by reason of divers payments which he las made to the organization. Mir. | Link holds notes to represent all Of ] the payments, there being something ! like so of them As each note had to , be considered in the light of a scpar- ate cause for action, the complaint 1 filed yesterday with the clerk was of unusual length, covering 4o type ] written pages. Mcssrs Morris and i Spaldins arc representing the plain 1 tiff.
 | Suit on Account. | F. J. kaStner of Prescott yesterday filed suit against W. J. Mayer of | Mayer, alleging that Mayer owcs-him ! the sum of S1,O5229 for merchandise delivered to the defendant at different times during the year 1917. The plaintiff asks for judgment covering this amount, together with interest at the rate of six per cent, and the court costs.
 Shooting Scrape Causes Suit. l ]. V Rodriguez, a cowboy of the Scligman section, yesterday filed suit against J. A. Pitts of that place, ask I ing for damages totalling S,5OO, the suit being the result of shooting cscapadc which took place in Selig- man last March. The complaint states that the plaintiff went into a store building owned by the defen- dant on March l6, 1917. Shortly af- ter entering the place. the complaint continues, Pitts invited Rodriguez in tc a rear room to have a drink. When the two had reached the room, Pitts i. said to have drawn six-shootcr and fired several shots into different l,arts of the plaintiffs body. inflicting d number of painful though not fatal wounds After three or four shots had been fired, the gun jammcd, and 10 this fact. the plaintiff states in his complaint, he owes his life. He asks for $2.5G0 actual damages and S5,0O0 exemplary damages and the court costs. The defendant was tried on a criminal charge in the superior court shortly after the shooting. and was convicted and fined several hundred dollars, according to the statements of the attorney representing Rod rigucZ
 Evidence in Divorce Case.
 The testimony offered by the plain tiff in tre divorce suit of Stoya Drag iSh vs. Bozo Dragish, was heard yes tcrday afternoon, the default of the defendant having been entered. The case was continued until next Satur day.
 To Select Trial Jury.
 The court yesterday directed Clerk |. J. Farley to draw the names of 75 trial jurymcn on Friday, February 18th at , o'clock. The jurors will be called into court on March 5th. the opening day of the next jury session.
 NOTHING DOING.
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