THE STONY CREEK WATER WARS - Order, dismiss State, not Underflow defendants, setting down cause for trial, related matters

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Order, dismiss State, not Underflow defendants, setting down cause for trial, related matters

[A transcription of the document on file in the Angle Archives
Crucial because the court to rejected the Government's efforts to dismiss downstream riparian and underflow users.

In straight text without elaborate formatting. Any editorial comments by me are contained within brackets, "[]", which you may delete easily after downloading the "page source" to your own editing software if your browser allows source downloading. ]

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In Equity No. 30. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

IN THE NORTHERN DIVISION OF THE DISTRICT COURT OF THE UNITED STATES, FOR THE NORTHERN DISTRICT OF CALIFORNIA, SECOND DIVISION - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - THE UNITED STATES OF AMERICA,

vs

H. C. ANGLE, et al.,
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FILED June 24, 1922
W. B. Maling, Clerk
By Thomas J. Franklin, Deputy - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

IN THE NORTHERN DIVISION OF THE DISTRICT COURT OF THE UNITED

STATES IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

SECOND DIVISION
THE UNITED STATES OF AMERICA,
Plaintiff,

vs.

H. C. ANGLE, et al.,
Defendants.

IN EQUITY
No. 30

ORDER

This matter coming on to be beard on this 24th day of June, 1922, upon the petition of plaintiff for dismissal as to certain defendants, setting down of cause for trial, and as to related matters, and upon the answer of the Glenn-Colusa Irrigation District thereto, and it being shown that all defendants, upon whom notice was required. to be served, through their respective solicitors or in proper person, have been given due written notice hereof, which said notice was accompanied by a copy of plaintiff’s said petition; and after due hearing, and the court being fully advised in the premises, now upon the motion of Oliver P. Morton, one of the solicitors for plaintiff, it is adjudged and ordered: I. That those making voluntary appearance herein, as described in Paragraph II of plaintiff’s said petition, be and are hereby made and held to be parties defendant herein as of the date of their respective appearances, and subject to such judgment and decree as may be rendered upon their answers, disclaimers, or failure to make answer or other defense herein, as the case may be, as well as though named in the amended complaint; the persons so making voluntary appearance herein and hereby made parties defendant as aforesaid being the following:

Wells Conklin, Alvin Gollnick, Gertrude M. Hall, Wiebeke Johansen, Ellen Lucas, Ed. Franklin Laux, Eugene K. Reynolds,

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Administrator of the Estate of Isidore Reynolds, deceased; Charles H. Ridley, Mary T. Scearce, W.E. Scearce, Rose Servel, Administratrix of Estate of Fred Servel, deceased; Leland Shults, Jessie Taylor, Administratrix of Estate of W.S. Taylor, deceased; M.A. Tanson, Frank Walley.

II. That the schedule and names of defendants, as the same are written in the title and at the head of the amended complaint be corrected and reformed as follows, to-wit:
(a) That the names given in the second column of the tabulation in Paragraph III of Plaintiff’s said petition be eliminated and omitted from said title in this case for the reason that each thereof has been ascertained to be merely another or incorrect name of a defendant elsewhere named in said title, as shown in said petition; the names to be thus eliminated end omitted being the following:

H.B. Britton, J.F. Edwards, Stewart Ervin, Mrs. Z.C. Finnell, Chas. Hall, Harry Haywood., I.A. Morris, Chas. L. Simpson, Edward E. Smith, Frank Troxel.

(b) That the names of certain of the defendants as given in said title, having been ascertained to be erroneously written therein, be rewritten and corrected as set out in Paragraph IV of said petition; the incorrect and correct names of said defendants being scheduled and listed below under appropriate columns:



Incorrect Names				Correct Names 
---------------				-------------
C.V. Epperson, Administrator of 	V. V. Apperson, Administrator of
  the Estate of John A. Apperson	  the Estate of John A. Apperson
  deceased.				  deceased.
B.A. Baird				O. A. Baird
R.L. Brownell			`	Mrs. L.R. Brownell
I.E. Brownell				I.L. Brownell
E.J. Butler				E.T. Butler

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Incorrect Names				Correct Names 
---------------				-------------
Anna C. Burrows 			Aura C. Burrows 
F.H. Cushman			 	F.N. Cushman
H.V. Cushman				H.S. Cushman
G.C. Ellis				Geo. C. Ellis
A.B. Glenn				Anna B. Glenn
R.W. Hardin				R.M. Hardin
C.A. Hineline				S.A. Hineline
John O. Johansen, Jr.			John O. Johansen
Nate Karrier				Kate Karrier
Mrs. T.E. Lovelady			Annie Evans Lovelady
Alice H. Lovelady			Alice M. Lovelady
Will Lyons				William Lyons
Pery Mulford				Perry Mulford
Pearl McKinney				Pearl MaKinney
W.G. Newton				W.C. Newton
Mrs. M. O'Leary				Mary O'Leary
C.F. Soeth				C.T. Soeth
Geo. M. Taylor				Geo. N. Taylor
Jessie Troxel				Jessie E. Troxel
H.W. Brittian, H.B. Britton		Harry N. Brittan
J.O. Brittan				James O. Brittan
T.L. Brittian				J.L. Brittan

III.
That the monthly reports of the Water Commissioner of this Court, heretofore appointed and since acting herein, and all thereof as made since his said appointment and up to the present time, may, and are hereby authorized to be filed with the Clerk of this Court. It is hereby ordered that subsequent reports shall be kept on file at the office of the Reclamation Service at Orland, California, and,

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as heretofore, be open to the inspection of the parties herein, and that same shall be presented and filed with the Clerk at the conclusion of each irrigation season until such Commissioner is relieved of his duties herein.

IV.
That the amended complaint herein and this suit be and are hereby dismissed, without prejudice, as to the defendant State of California.

V. That the motion of plaintiff, as made in. plaintiff’s said petition, that the amended complaint and this suit be dismissed, without prejudice, as to the following named defendants:

Prank Bagatela, Joseph Billiou, Richard J. Billiou, Leona S. Billiou, Butte County Savings Bank, Esperanza Land Corporation, Glenn-Colusa lrrigation District, Oswald Handlos, Ed. Harkness, Annie Hoever, James Mills Orchard Company, R. T. Jones, Andrew Kaiser, Wm. Kaiser, Kate Karrier (Nate), Alex Kraft, Jas. McCall, Mary J. MeCune, H.M. Nelson, Savina C. Nelson, Northern Electric Ry. Co., Sacramento Valley Irrigation Co., Sacramento Valley Sugar Co., Sacramento Valley West Side Canal Co., Maude C. Sehorn, Geo. Trank, Matt Urjevich, Frank S. West, A.E. Williams.

Is hereby overruled, and it is adjudged and ordered that they and each of them shall be retained as parties defendant herein; that said defendants and each of them shall have thirty days from the 24th day of June, 1922, within which to make and file answer or other defense to the amended complaint herein, and plaintiff shall have thirty days thereafter within which to make and file its replications thereto.

Done in open Court this [handwritten:] 24th [typed:] day of June, 1922.

/s/ Wm. C. Van Fleet
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Judge.

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--Mike Barkley, 161 N. Sheridan Ave. #1, Manteca, CA 95336 (H) 209/823-4817
mjbarkl@inreach.com