Show GRAND CENTRALS VICTORY Injunction Refused and Temporary Restraining Order Dissolved by Judge Marshall Yesterday In the suit of the IManimolli Mining company against the Grand Central l Mining company In the Federal court I Judge Marshall yesterday dlcldod In favor fa-vor of the Grand Central by running to Issue an Injunction and dissolving the temporary restraining order nl rondy Issueil The suit vnn brought for the purpose of quieting tho Mam rnotlt Iompunyn title to part of a vein allCKcd to HP In the RIlVcropollK and Consort claims to restrain the Grand Control front trespaaslcff on this vein zmtid to acftiro an accounting for dajn ages alleged to have already been HUU talncd through InapnsKOv The Grand Central Utah corporation set up by an avcr and the Grant Central l Colorado corporation by pirn a 1 F a defence the bar of the former Adjudication In the state courts In a mill Involving tho same riMntaos Judge Marshall said In his opinion The only matter to be considered Is the effect as I bar of the former decree In tljc Slate court set Uf by l the Utah corporation by anilvvor and by the Colorado corporation by plea 116 notes Hint the only change in the complaint slnco I was presented In the district court h time alleged act that the apex of this vein Is found on the Jenkins Golden King ant Bradley mining min-ing clalmn and continues There was ncr determination as to a bar unlofs the two lr are upon the sime claim slme or cause of action octon The contention of the plalntlfC Is I that In the former suit It l < nought to aulcl the title to Lot 3bf alone that it now seeks to quiet Its title to certain adjoining claims enlrcly distinct from Lot 3S and hence that the former decree de-cree has no further iuccl as a bar than If the two suits rehiicd to any V two distinct parcels of land The argument ar-gument lV 1 think Is Umelt I fallacious The V owner of 1 mining claim owns not only all lying vertically beneath his onl SUI I face which has not been Vcservod or carved out of hta claim and granted to others but also he may own a vein which on its dip uldely departs from hIs claim as delimited on tho surface The vein on Its dip beyond the bound log planes of his claim extended downward down-ward vertically Is by hlN ownership severed from the estate of the owners surrounding it I Is a distinct entity capable of being described wjthout reference I ref-erence to the claim In which the apex 1es The former suU was to determine the title to a designated portion of this entity not to determine the title to Lot 3S If the plaintiff erred In the theory It advanced In the former suit It must bear the result of that error J the error whu that of the court It must I mlsl bt corrected If at all on appeal As the sworn answer to the plea alleges that the plaintiff has acquired no right In the vein In controversy since the bringing of the former suit and as this was not on the hearing contro verted by the plaintiff It follows that the exceptions of the plaintiff to the answer of the Utah corporation must be overruled the plea of the Colorado corporation allowed the temporary In junction asked by the plaintiff denied and the temporary restraining order heretofore Issued dissolved And it VlS I fto ordered1 < VV The Mammoth has perfected its ap peal from the decision of the district Court to the Supreme court of the Slate whore an effort will be made to show that Judge Marioneaux erred In refusing to allow the Mammoth to nuiiiid itS pleadings to conform to his finding that the apex was on the Jen kins Bradley and Golden King and not onLoLSS as alleged V There Is little probability that the battlefor millions will end until It has been fought to the Supreme court oC the United States V Court Notes Judge Marshall sits in Ogden on the Slh and in Salt Lake on the 15th InsL At the latter sitting the case of the U V S Mining Co vs Lawson will be taken up The case against Dillon Morgan charged with unlawfully having trout in their possession was argued heforft V Judge Morse yesterday and taken un der advisement A bill of exceptions on appeal to the United States Circuit court was filed yesterday In the United I States district court by the Highland Boy Smeller Co against which Albert Pouch received Judgment len for 1100 for personal Injur The petition for a rehearing of the HiltonPark case was denied by the Supremo court yesterday This decision deci-sion It Is supposed will clos2 the con troversy that has stirred the people of the State nu nothing of the kind has I done in cal Th < following citizens of Weber coun ty compose the venire for petit Jurors to serve during the September term of the Federal court Samuel Horrocks A 1 Stone Alonzo IJrown McLaren Boyle Morris llardman Horace Peery 1 Thomas IX Dee George H Tribe Al bert A Steed H H Spencer Josiah L Reid Tomas Burl George J Kelly David Eeclcs and Joseph Goddard Marshal IJeywood went to Ogden yes terday to serve the summons |