stated he has done, and is now doing and threatens to do, unless he be enjoined and restrained from so doing by a writ of injunction. And plaintiffs aver that they are informed and believe, and so charge the fact to be, that said defendant is insolvent, and that he has no property, exempt from execution, which would satisfy any judgment that plaintiffs might obtain against him. on the matters herein set forth, and that if said defendant, each and all of his agents, servants and employees are not restrained and enjoined from molesting and disturbing plaintiffs in the possession of their said lands, plaintiffs will suffer great and irreparable injury. Wherefore plaintiffs pray the restraining order of injunction of this Honorable Court, enjoining and restraining the said defendant, his agents, servants and employees, and all persons acting under him and by his authority, from trespassing upon, working, digging, fencing, setting posts, or, in any manner vexing, molesting, or disturbing the possession of these plaintiffs in said lands herein described, to wit: Beginning at a stake, etc., [Insert a copy here of the lands described in the body of the complaint.] and particularly from the northerly portion of said lands, until this cause can be heard upon its merits, and that upon the final hearing of the same, such injunction may be made perpetual. And plaintiffs further pray the judgment of the Court that they do have and recover the possession of said lands and their damages and costs of suit herein expended, with such other and general relief as to the Court may seem meet and proper in equity. A. G. H The complaint should be verified. As in the practice of the author, two cases exactly parallel to the above supposed case, the order of the Court in such a case will here be presented, from the fact that such order is dependent upon the complaint. The title of the order should be the same as the title of the complaint. Form 34.-Order for Injunction. [BANCROFT'S BLANK, No. 561.] State of California, County of Los Angeles, S SS. Upon reading the foregoing verified complaint in which God frey Lesieur and J. P. Foster are plaintiffs and William Gobble is defendant, it appearing to my satisfaction therefrom that the plaintiffs are entitled to a writ of injunction against said defendant: Now therefore, it is ordered, adjudged, and decreed, that a writ of injunction be, and the same is, hereby granted until otherwise ordered; and that plaintiffs execute to the defendant, with two good and sufficient sureties, an undertaking in the sum of one thousand dollars, made payable and conditioned according to law. And it is further ordered that, upon filing said bond, duly approved, the Clerk of said Superior Court issue said writ in conformity with the prayer set forth in said bill of complaint. Done at Chambers in the city of Los Angeles, this seventh day of January, 1880. Form 35.-Complaint for Trespass on a Mining Claim with Prayer for an Injunction. In the District Court of the Sixth Judicial District of the State of Nevada, in and for the county of Eureka. The above-named plaintiffs, Wm. Wermuth, T. Robison and J. Landon Smith, complain of Peter Howlne, James Burke and Patrick Lanigan, defendants, and for cause of action allege: That on the first day of July, a. D. 1879, the plaintiffs were and ever since have been and now are, the owners and entitled to the sole and exclusive possession of that certain close, mining claim, vein and lode of gold and silver and other mineral bearing quartz lying and being in what is known as "Ruby Hill," in Eureka Mining District, in Eureka county, State of Nevada, being known as the "Mountain Queen Mining Claim and Lode," and being more particularly bounded and described as follows, to wit: Beginning at a monument of stone around a stake on said lode, on the northerly line of the "Jackson Claim," and running thence easterly along said northerly line of said Jackson claim and at a right-angle with the general direction of said lode three hundred feet to a monument of stone and a stake; thence at a right-angle northerly and parallel with the general direction of said lode fifteen hundred feet to a monument of stone and a stake; thence at a right-angle westerly, crossing said lode, six hundred feet to a monument of stone and a stake; thence at a right-angle southerly fifteen hundred feet to a monument of stone and a stake, and thence at a right-angle easterly and along the line of said Jackson claim three hundred feet to the place of beginning, together with all the dips, spurs, angles and variations of said lode. That while plaintiffs were so possessed and entitled to the possession of said close, land and mining claim, to wit: on said first day of July, 1879, and on divers other days and times between that day and the filing of this complaint, the said defend-ants did, wrongfully and unlawfully, and with force and arms, break and enter plaintiffs' said close and mining claim, and did then and there, and at divers other times, with force and arms, to wit: with shovels, bars, picks and other instruments, and with divers vehicles, dig up, turn, subvert and carry away therefrom large quantities, to wit: twenty thousand tons of earth and soil, and gold and silver, and other mineral-bearing quartz and rock of plaintiffs, out of plaintiffs' said mining claim, of great value, to wit: of the value of, and to plaintiffs' damage in, the sum of two hundred thousand dollars in gold coin. And plaintiffs further aver that said defendants did then and there, to wit: at the divers times and place above stated, commit divers other trespasses and wrongs, in and upon plaintiffs' said close and mining claim, and did then and there wrongfully and with force and arms dig, cut, excavate and make divers long tunnels, to wit: tunnels of the aggregate length of about three hundred and seventy feet, and divers drifts of great length, to wit: of the length of about three hundred feet, in and upon plaintiffs' said mining claim, and did then and there breast and take from and out of said tunnels and drifts, to wit: out of plaintiffs' said mining claim, and carry away therefrom and convert to their, said defendants', own use, divers other large quantities of gold and silver, and other mineral-bearing quartz, rock and earth of great value, to wit: of the value of two hundred thousand dollars, and to plaintiffs' further damage in the sum of two hundred thousand dollars; and plaintiffs further aver that said defendants are now committing, and that they threaten still to commit such and like trespasses and wrongs, in and upon plaintiffs' said close and mining claim; and that plaintiffs are informed and believe, and upon their information and belief, they allege the fact to be, that said defendants are insolvent, and have not property exempt from execution sufficient to satisfy any judgment which plaintiffs may obtain against them; and defendants further aver that, unless said defendants, their agents, servants and employees, and all persons working under them, and by their authority, are enjoined and restrained from committing said wrongs, by the restraining order of injunction of this Court, plaintiffs will suffer great and irreparable injury from their trespasses and wrongs being committed and threatened, as above stated, by said defendants. Wherefore plaintiffs pray for judgment against said defendants for the sum of four hundred thousand dollars in gold coin; and for the restraining order of this Honorable Court, enjoining and restraining the said defendants, and each of them, their agents, servants and employees, and all persons claiming or acting under them, or either of them, or by or under their, or either of their, authority, from and in any manner trespassing upon, working, drifting, or excavating in or upon said "Mountain Queen Mining Claim and Lode," above bounded and described, and from carrying away therefrom any gold or silver or other mineral bearing quartz, rock, or earth; until the matters and things herein, and this action at law can be heard and determined, and that upon the final hearing and determination hereof said injunction may be made perpetual; and plaintiffs pray for such other and further relief in the premises as in equity and good conscience may seem meet and proper to the Court. A. H. G- The complaint should be verified, and the order for injunction should be drawn for presentation to the Judge or Court. The foregoing complaint, though on a supposed cause of action, will show to prospectors, miners and others interested in mines, the necessity of giving perfect descriptions of their mining claims by stating the metes and bounds of their mining claims in their original notices of location. the plaintiff in this action, complains of defendant above named, a resident of said county of for cause of action alleges: That at the time hereinafter named, plaintiff was and, long prior thereto, had been in the quiet and peaceable possession, and now is entitled to the possession of that certain lot, piece and parcel of land situate in, in the county aforesaid, bounded and described as follows, to wit: A. [Here insert a correct description of the premises.] together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining: That being so in the quiet and peaceable possession of said premises, and entitled to the possession thereof, the said defendant, on the day of—, a. D. 18—, with great force and violence, and with a multitude of people, wrongfully and unlawfully entered into and upon said premises, above described, and with force and violence ejected, removed, and expelled plaintiff therefrom, and took possession thereof, and has ever since said time, wrongfully, forcibly, and unlawfully detained the same from the possession of plaintiff, to plaintiff's damage in the sum of dollars. Plaintiff further alleges that the monthly value of the rents and profits of said premises is dollars, and that the value thereof from the time above named until the bringing of this action is dollars [in Nevada three times the actual damage] in which sum plaintiff has been damaged by said wrongful acts of said defendant. Wherefore plaintiff prays judgment against said defendant for the sum of dollars damages, for the forcible and illegal detention of said premises by defendant, and further judgment for the restitution of said premises to plaintiff, and for such other and further relief as in law and equity may seem right and proper to the Court. The complaint should be verified. A. B Attorney for Plaintiff. |