THE STONY CREEK WATER WARS - Stipulation as to Settlement of Pleadings, etc.

THE STONY CREEK WATER WARS
Glenn County - Tehama County - Colusa County , California.
(c) 2009, Mike Barkley
Stipulation as to Settlement of Pleadings, etc.

[A transcription of the document on file in the Angle Archives

Waivers of service, general admissions except for what is specifically denied, affirmative allegations in schedule or chart to be deemed sufficient, deadline on answer or other pleading, additional parties to be allowed to join stipulation rather than serving all other parties, etc.

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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NO. 30
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IN THE NORTHERN DIVISION
OF THE
DISTRICT COURT OF THE UNITED STATES
FOR THE
NORTHERN DISTRICT OF CALIFORNIA.
SECOND DIVISION.

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THE UNITED STATES OF AMERICA,

vs.

H.C. ANGLE, et al.,

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Stipulation as to Settlement
of pleadings, etc.

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Filed Oct. 4, 1919
Walter B. Maling, Clerk
By__________________________ Deputy - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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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,

Plaintiff,

vs.

H.C. ANGLE, et. al.

Defendants.

IN EQUITY
DOCKET NO. 30.

STIPULATION AS TO SETTLEMENT OF
PLEADINGS, ETCETERA.

WHEREAS, such affirmative pleadings as have been or may he filed in this cause by the defendants, having for their purpose the presentation of claims of defendants to waters or water rights, whether such pleadings be in the nature of counter claims expressed in the answers of defendants, or otherwise, must ordinarily be deemed in each instance to affect the rights and claims of the other defendants; and

WHEREAS, on account of the great number of defendants herein, unnecessary and fruitless expense, inconveniences, and voluminous and umanageable additions to the record will occur unless the proceedings in the cause be simplified as herein provided;

NOW, THEREFORE, by and through their respective solicitors, it is hereby stipulated: between the plaintiff and the defendants in the above entitled cause whose names appear as represented by their respective attorneys in Exhibit A, hereto attached and made part hereof, and such other defendants in said cause as shall become parties hereto as hereinafter provided, and between each and

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every of said defendants, each with each and every other thereof:

I

That each and every of said defendant hereby waives the service upon him of the above described affirmative pleadings of the others of said defendants, whether contained in the answer as aforesaid or otherwise; and every such pleading, when filed by any of said defendants, or any amendment thereof or thereto which may be filed herein, shall be considered as, and shall have the force and effect of, having been actually served by copy on every other of said defendants, and each and every of said pleadings shall be considered as having been fully replied to by every other of said defendants by a reply putting in issue every material averment thereof, the making, filing and serving of such replies being hereby waived by each of said defendants.

II

That the allegations of the complaint herein need not in the answers of said defendants be specifically or separately admitted, denied, explained or described as without the knowledge of defendants, as the case may be, but that said complaint instead may be answered by way of a general admission of all the material allegations therein, saving and excepting such thereof as are specifically and separately denied or made the subject of specific and separate allegations in the answers of said defendants; also that the affirmative allegations in said answers, whereby said defendants set up their claims to waters or water rights, need not be of the extended character obtaining in less voluminous proceedings, but in-

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stead may set up the claims of said defendants to waters or water rights in a simple, concise and intelligible schedule or other convenient form; that the answers of said defendants, when made in the manner aforesaid, and when stating the primary facts relied upon by defendants in support of their claims to waters and water rights, shall otherwise be regarded as sufficient in form to make up the issues of fact as between defendants and to present upon the part of said defendants the issues of fact as against plaintiff.

III

That, subject to such further extension of time as the court may allow upon stipulation between the interested parties or otherwise, the said defendants shall have up to and until the 15th day of November, 1919, within which to answer or otherwise plead to the complaint herein, or, as the case may be, within which to file amended or supplemental answers or pleadings herein, and that the replies of plaintiff herein, subject to the same condition as aforesaid, shall be filed on or before the fifteenth day of February, 1920; provided, however, that in each instance the time here fixed shall not be taken to limit the time which would be given in any event under the law and the rules of the court for filing such answers or replies.

IV

That any one, now or hereafter made a defendant in this cause, who may not be able to join in this stipulation before it is filed, may thereafter become a party hereto by assenting and subscribing to same in his proper

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person or through his solicitor upon a separate paper properly identifying this stipulation, which may be filed with the clerk of this court at or before the time when his answer is filed herein, or before the expiration of the time within which said defendant would otherwise be required under the rules of court to serve by copy upon each of the other defendants in this cause his affirmative pleading setting up his claim to water or water rights (in the nature of a counter claim expressed in the answer as aforesaid), or within such further time as the court may allow in that relation.

/s/ Anette Abbott Adams
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United States Attorney.

/s/ [indecipherable, Silva?]
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Assistant United States Attorney.

/s/ Oliver P. Morton
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District Counsel, U.S. Reclama-
tion Service.

Solicitors for Plaintiff

/s/ Claude F. Purkitt
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/s/ Brown & Albery
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/s/ William E. Johnson
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/s/ McCoy & Gans
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/s/ Frank Freeman
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/s/ Duard F. Geis
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/s/ J.A. Farrell [?]
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/s/ Chas. R. Lewers, for Central Pacific Ry Co.
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/s/ H.S. Young
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/s/ [garbled]
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/s/ [?] C. Sullivan
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/s/ William B. Kollmyer
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Solicitors for defendants res-
pectively, as indicated in Ex-.
hibit A.

It is so ordered:

/s/ Wm. C. Van Fleet
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Judge

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EXHIBIT "A"

The Solicitors signing the stipulation to which this exhibit is attached respectively represent, and sign said stipulation in behalf of, the defendants named and set opposite or below the names of said Solicitors as follows:

Solicitor ---- Defendant

Brown & Albery

Cook Springs Mineral Water Co.
Annie M. Kesselring
F.M. Kesselring
Chas. E. Pearson

T. A. Farrell

Bishop Grace, Stonyford Catholic Church

Frank Preeman

H.C. Angle
R.T. Bedford
R.E. Blevins
L.E. Brownell
R.L. Brownell
I.E. Brownell
J.F. Durham
J.H. Durham
J.T. Edwards
Esperanza Land Corporation
John Fitzpatrick
A. Hochheimer
Hochheimer & Co.
F. Houghton
F. Houghton Co.
L.R. Cushman
James Mills Orchard Co.
Andres Kaiser
J.F. Mallon
Sacramento Valley Sugar Co.
Sacramento Valley Irrigation Co.
Sacramento Valley Westside Canal Co.
Superior California Farm Lands Co.
Bertha Shults
E.C. Shults
C.L. Simpson
Chas. L. Simpson
Z.E. Simpson

Frank Freeman & Heller, Powers & hrman

Fruto Land & Improvement Co.

Duard F. Geis

Fouts Springs Co.

William E. Johnson

J.A. Flanagan
Joseph H. Flanagan
Francis D. Flanagan
Anna Fanagan
Kendrick Masterson
Frank P. Masterson
D.H. Masterson
James Masterson
Mrs. J.A. Price
W.E. Scearce
Oliver [sic] Scearce Parsons

William B. Kollmyer

E.H. Tryon

Chas. R. Lewers

Central Pacific Railway Co.

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Solicitor ---- Defendant

McCoy & Gans.

Charles M. Hall
Charles Hall
George M. Hall
W.R. Hall
J.J. Hall

Claude F. Purkitt

A.M. Anderson
A. C. Bayley
John Bedford
L. Bedford
M.G. Bedford
L.I. Feightner
W.W. Gatliff
Ira Green
Aug. Gollnick
Leonard Gollnick
James Harmon
Reuben Hartman
Volney Hayton
C.A. Hineline
Chas. Jaeger
John Johansen, Jr.
J.E. Knight
G.W. Markham
Preston Morris
Wm. Niesen
James O’brien
S.A. Ralston
Ray Shively
E.E. Smith
John H. Soeth
Geo. Soeth
Fred E. Strawn
A.J. Triplett
Abe L. Triplett
Frank Troxel
F.W. Troxel
Lloyd Troxel
I.E. True
J. Van Scyoc
A.P. Wakefield

Frank Bagetella
P.B. Berkey
Jas. L. Brittan
J.O. Brittan
Harry N. Brittan
Alex Brown
E.W. Burnham
Conklin Bros.
W.B. Cooper
Jacob Diefenbach
Walter Dixon
Wm. Dodd
C.L. Donohue Co.
Jas. E. Drew
J.T. Edwards
Geo. C. Ellis
Thos. Fairlee
W.P. Foreman
W.J. Foutch
Joel Ford

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Solicitor ---- Defendant

Claude F. Purkitt (Continued)

N.H. Garrison
W.A. Glenn
S.N. Green
Oswald Handlos
Edgar Hunter
Ellen Hunter, Administratrix Estate Genevieve H. Brown, deceased
Margaret Kirkpatrick
H.D. Knight
Fred Laux, Jr.
Katrina Laux
Frank W. Lewis
Geo. D. Lewis
Geo. W. Lewis
Olive Lewis
C.A. Lucas
Lillie Lyons
Wm. Lyons
D.A. Markham
John C. Mogk
Irma I. Moon
John M. Morris
W.A. Morris
Perry Mulford
F.M. Millsaps
Edith McGahan, Administratrix Estate R. L. Walkup, deceased
Mary O'Leary
S.F. Paine
E.C. Phelps
Harvey E. Province
Ida Leona Rice
Robt. Rowecroft
D.P. Ray
I.L. Robertson
J.S. Sale
J.W. Sawyer
Maude C. Sehorn
J.F. Silver
C.E. Studebaker
Snow Mountain Lodge
M.A. Tanson
Eliza Troxel
Jessie Troxel
Mrs. W.S. Taylor
Matt Urjevich
Geo. Vanderford
A.G. Van Scycle
Roy Welch
A.T. Welton
S. Wood
Guy H. Ward

Chas. Sullivan

Barbara Schmitzer

H.S. Young

J.L. Hardin
R.M. Hardin

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