Show i THE SUPREM CURT Opinion Rendered in the York Mining Company Case THEE CASES ARE ARGUED ONE OF INTEREST TO MEMBERS OF THr A O U AY ORDER < J John H Rice Charged with Grand larceny Mrs Nellie Kennedy Says Her Husband was a Profligate Profli-gate and Failed to Support Her Short Order and Judgments Entered En-tered The sittings of the judges ip the territorial ter-ritorial supreme court was retimed yesterday morning Chief Justice Zane and Associate Judges Bartch Miner and Smith were on the b5nch THE YORK MINING COMPANY Opinion Handed Down in the Appeal CaseIn Case-In the case of James Garey et al appellants vs the York Mining company com-pany which was argued and submitted last Tuesday their honors handed down an opinion affirming the decision of Judge Bartch in the court below Chief Justice Zane delivered the opinion Associate Justices Smith and Miner concurring The plaintiffs were owners of 2415 shares of paid up stock in the defendant defend-ant company whose capital stock consisted con-sisted of 200000 shares of the par value siste of 5 each By its articles of incorporation tion 50000 shares were set apart to be 1 used in developing its mine all the irest 1 use being subscribed The articles I also provided that no assessment should be levied on any of the stock for any purpose until the stock so set apart should be exhausted I also appeared ap-peared that the indebtedness of the company due for working and developing develop-ing the mine was 1300 and that there was no money in the treasury to pay i that the directors failed to sell any of the stock upon reasonable effort to do so that they made a assessment of 11 cent per share upon all the subscribed sub-scribed stock that plaintiffs failed to pay the assessment on theirs that the directors ordered the collection thereof there-of that upon due notice plaintiffs stock was sold to pay such assessment and that the company became the purchaser pur-chaser From the decree of the court below declaring the company the legal holder of the stock so purchased the plaintiff prosecuted the present appeal |