The Pioche record. [volume] (Pioche, Nev.) 1908-1925, 1919-05-30
HARVEY INTERESTS ENTER
DEMURRER TO COMPLAINT

In the suit filed May 1. contesting
the ownership OF that portion OF the
Nevada Volcano ground formerly
known as the Lincoln claim. the de-
f.ndants. the men owning the Stindt
and Donohue and the Big Five leases,
though their attorney. A. l. Scott. and
the defendant the Nevada Volcano
Mining Company. through it's attor-
news, McNamee & McNamee and Stew
ems Henderson. have interposed a
plaintiffs complaint in the action now
bending between the Lloyd brothers,
Claiming the European ground, and the
Nevada Volcano company and the leas-
ers now at work on the Volcano claim.
The defendants demurrer to the
complaint is as follows:
Comes now the defendants Charles
Stindt, Edward L. Donohue, William
II Pitts, w. NJ. Christian, r. j. Deck.
William S. Carman and 81 Carman. by
their attorney. A. l.. Scott. and appear
ing for themselves and not for the
other defendant. demur TO the COM
plant on file herein upon the follow
First. That said complaint is un-
certain, in, that it appears therefrom
that the defendant Nevada Volcano
patent from the United States in the
office of the register of the United
states land office at Carson City: New,
during the year 1917, and that after so
such application was published for the
period of sixty days, but it does not
can it be determined therefrom when
said period of publication commenced
or the date when such period OF publi-
cation was completed. nor does 1t ap-
pear from said complaint nor can it be
determined therefrom whether notice
of application for patent for the
published during the year 1917 or
whether it was commenced and com
pleted during that year or when it was
commenced and completed
"(b). That it appears from said
complaint that Dave Lloyd, one of the
said plaintiffs, did enter the military
service Of the United States States prior ,,,, to
during which notice of the application
for patent for the mining ground de-
scribed in said complaint was REQUIRED
to be published, but IL does not appear
from the said complaint. nor can it he
determined therefrom. the. date of tho
expiration of the period Of publication
or the date that the said Dave Lloyt
was inducted into and entered the mil
itary service of the United States. ant
the date of his entering into the ser
vice of the United States as aforesaid
nor does it appear from said complaint
nor can it be determined therefrom
the date that the said Dave Lloyd en-
tered into the active military service
Of the United States, if at all
"(c). That it appears from SAT-
complaint that during the statutor!
period VI tHt IoliCt "
application for a patent for the min
ing ground described in said complain
that the plaintiff, Dan Lloyd, suffere
from a nervous breakdown and wa
mentally incompetent to look after hi
affairs, but IL does not appear from Tn
said complaint. nor can IT be determ
ined therefrom, when said period
publication took place or the com
mencement or termination of the same
or when the said Dan Lloyd suffered
nervous breakdown, and was mental
to
or of what duration such incapacit
continued, If at all.
Second. That said complaint doe Toe
cause of action against these defend
ants or either or any of them
The demurrer of the Nevada Volcan
the one above quoted, with only, ttf
change of name of defendant and tn
names of the attorneys signing IT.
1t is understood that the defendant
contention has been that the Lloy
boys failed to perfect the location {
the European lode made by them jar
uary |, 1915, in failing to to do S, the e., r,
such failure the defendant compar
on April 2. 1915. amended it's origin
Volcano location so as to cover Il
of the failure to do the required wor
The defendant company Will mo
strenuo9sly deny .ad any ,bsy intimaa'( caim
be able to show conciusiyeiy that
the time it filed it's amended notice
location on Anril 2 the ground WI
then open and that the defendant
patent and all proceedings thereund
were based upon such amended loc
ton, and that the patent was issued
due course of time after full al
complete notice and without any a
verse or protest from the plaintiffs
either of them.
The defendants, 1t is understoc
claim that the induction of the plai
tiff Dave Lloyd into the active servi
OF the United States army was art
the completion of the publication
The patent notice, and that Dan Lilo
was not affected mentally or otherwi
during the period of the publication
the patent notice, but, on the contral
during the latter part of 1917 he w
continually employed by the Hambu
Mining Company. and during all
such time he was performing the d
ties required Of hosting engineer
position requiring equal skill a
experience.