The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1922-10-05
MOTION TO DISMISS
ACTION BY MRS. DAY
HEARING NOVEMBER 20
DEPENDENTS Claim Federal
Court Without Jurisdiction.
Affidavit by A. P. Ramstedt

TNHE FIRST step in the big legal
battle over the estate of the late
Eugene r. Day following the
filing of the complaint by Agnes
Loretta Day widow of the deceased.
was taken last Monday when motion
to dismiss the complaint was filed in
the United States court for the district
of Idaho, northern division, at Occur
d'Alene and Monday November 20. at
10 a. m, is named as the time for
hearing the motion. The motion was
filed by c. w. Beale, of Wallace, and
James Il. Babb, of Lewiston, attorneys
for the defendants, and formal notice
served upon the plaintiff through her
attorneys, Walter II. Hanson, of Wal
lace and b. G. Skulason, of Portland.
The action is taken on behalf of j. II.
Wourms, Harry L. Day, Jerome J. Day,
Occur dAlene Hardware & Foundry
company Tamarack & Custer Consol-
idated Mining company, the Wallace
! Powder company, and Harry L. Day
and Jerome J. Day as executors of the
estate Of Eugene r. Day. deceased,
and each of said defendants moves
said district court upon the papers,
files and records in the above entitled
court in the above entitled suit, and
upon the affidavit of Axel F. Ram
stedt, served and filed with this mo-
ton, to dismiss the bill of complaint in
the above entitled suit, wherein Agnes
Loretta Day is complainant for each
of the following reasons:"
Court Without Jurisdiction.
THAT the said district court has no
jurisdiction of or over the said de-
PENDANTS" naming them.
THAT said district court has no jur-
isdiction in the above entitled suit.
THAT said district court has no
jurisdiction of or over the subject mat
ter of the above entitled suit.
"That said Eleanor Bernice Boyce
and said Blanche Eloise Ellis, mem
toned in the said bill of complaint,
are indispensable parties defendant in
the above entitled suit, and each of
them is an Indispensable party defend
ant in the above entitled suit, and
they have an interest in the contro-
versy in the above entitled suit, and
each of them has an interest in the
controversy in the above entitled suit,
adverse to the complainant in the
above entitled suit, of such a nature
that a final decree can not be made in
the above entitled suit in their alb
.sence as parties defendant, or in the
absence of either of them as a party
defendant in the above entitled suit
without leaving the controversy In the
above entitled suit in such a condition
that its final termination may be
wholly inconsistent with equity and
good conscience.
THAT said Eleanor Bernice Boyce,
was at the time of the commencement
of the above entitled suit, ever since
has BEEN now is and for more than
four years last past has been a resi-
dent, inhabitant and citizen of the
state of Oregon.
THAT said Blanche Eloise Ellis was.
at the time of the commencement of
the above entitled suit, ever since has
been, now is, and for more than four
years last past has been a resident, in
and citizen Of the state of
Oregon.
THAT said district court has no jur-
in the above entitled suit
said Eleanor Bernice Boyce
and said Blanche Eloise Ellis being
made parties defendant in the above
entitled suit and without each of them
being made a party defendant in the
above entitled suit.
THAT said district court has no jur-
in the above entitled suit with
said Eleanor Bernice Boyce and said
Blanche Eloise Ellis joined as parties
defendant in the above entitled suit, or
with either of them Joined as a party
defendant in the above entitled suit,
because they were. at the time of the
of the above entitled
suit ever since have been. now are. and
for more than four years last past
have been residents. inhabitants and
of the state of Oregon. and
each of them was, at the time Of the
Of the above entitled
suit, ever since has been, now is. and
for more than four years last past has
been a resident inhabitant and citizen
Of the state of Oregon"
Mr.. Ramstedts Affidavit.
In support of the motion to dismiss
The suit an affidavit by Axel P. Ram
5tedt is submitted, in which he states
hat he has been a resident of Wallace
ior more than four years and of the
state of Idaho for more than twenty
years; that he has been acquainted
with J. H. Wourms, one Of the de-
for several years; that he is
acquainted with Eleanor Day Boyce
md Blanche Eloise Ellis, mentioned as
CONTINUED on Page 81