June 1, 2011
Nevada's Online State News Journal
[A Suit for Damages, Territorial Enterprise article, reprinted in the Sacramento Union, December 13, 1864]
A SUIT FOR DAMAGES. —From the Virginia Enterprise of a late date we clip the annexed :
We acknowledge service upon us and give gratuitous publication to the following summons:
In the District Court of the Fourth Judicial District of the State of Nevada in and for the county of Washoe :
The State of Nevada sends to D. E. McCarthy and J. T. Goodman greeting : You are hereby required to appear in an action commenced against you as defendants by John W. North as plaintiff, in the District Court of the Fourth Judicial District, State of Nevada at Washoe City, in Washoe county aforesaid, and answer to the complaint therein, which is on file with the Clerk of said Court, within ten days after the service on you of this summons (exclusive of the day of service) if served in said county, or twenty days if served out of county but within said district, and in all other cases forty days ; or judgment by default will be taken against you, according to the prayer of the said complaint.
The action is brought to recover of you the sum of $100,000 damages, sustained by the plaintiff by reason of the writing and publishing by yon, in the newspaper known as the Daily Territorial Enterprise, printed in Virginia City, Storey county, of which you are the editors and proprietors, of certain false and malicious libels of and concerning the plaintiff, and of and concerning him in his office of Judge or Justice of the Supreme Court of Nevada Territory, and Judge of the First Judicial District of said Territory, and the several District Courts embraced therein, which libels are fully set forth in said complaint, and costs of suit as by said complaint will more fully appear.
And you are further notified, that if you fail to appear and answer the said complaint, the said plaintiff will apply to the Court for the relief demanded in said complaint.
In testimony whereof, I, S. A. Mann, have hereunto set my hand and affixed the seal of said Court this 6th day of December, A.D. 1864.
S. A. MANN,
Clerk of the United States District Court of the Fourth Judicial District, for Washoe county, State of Nevada.
As a similar suit for a like amount has been instituted by Judge North against William M. Stewart, we are impelled to believe that John W. North, in the humble capacity of quartz crusher, is in want of a large sum of money, probably for the purpose of testing some new amalgamating process, or increasing the power of his batteries.