Hopkins - County of San Joaquin vs. Central Pacific R.R.

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Supplemental Complaint in the lawsuit County of San Joaquin vs. Central Pacific Railroad issued after the death of Mark Hopkins. Hopkins was the treasurer of the Central Pacific Railroad, he died in 1878.

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CentralPacificRR1880_0046
Indexed

CentralPacificRR1880_0046

No. 359 Superior Court. Department 7. San Francisco. ------------------------- ------------------------- County of San Joaquin vs Central Pacific R. R. Co. et al. ------------------------- ------------------------- COPY. Supplemental Complaint. ------------------------- ------------------------- A. A. Cohen. Attorney for Plaintiff.

Last edit about 2 months ago by msnique70
CentralPacificRR1880_0042
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CentralPacificRR1880_0042

In the Superior Court in and for the City and County of San Francisco, State of California

The County of San Joaquin, Plaintiff } — vs } The Central Pacific Railroad Company } Leland Stanford, C. P. Huntington } Charles Crocker Charles Crocker } Executor of the Estate of E. B. Crocker } deceased, Edward H. Miller Jr. } B. B. Redding, Wells Fargo & Co. } James B. Haggin, Ellen M. Colton } Executrix of the Estate of David } No 359 D. Colton deceased. } Department 7 The Southern Pacific Railroad Company } The Potrero and Bay View Railroad } Company, the California Pacific } Railroad Company, the Rocky Mountain } Coal and Iron Company of Wyoming } Robert Robinson, S. W. Sanderson } The Atlantic and Pacific Telegraph Company } The Western Development Company } Mary Frances Sherwood Hopkins } Samuel F. Hopkins and Moses Hopkins } defendants. }

Supplemental Complaint.

Plaintiff by its attorney now comes and by leave of the Court first had and obtained files this its supplemental complaint against the defendants and for cause of complaint alleges.

Last edit about 2 months ago by msnique70
CentralPacificRR1880_0043
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CentralPacificRR1880_0043

2

That the original complaint in this action was filed April 22d 1878 in the office of the Clerk of the District Court of the Fifth Judicial District of the State of California in and for the County of San Joaquin.

'That said original complaint is in, words' and figures as follows to wit-;

Last edit almost 4 years ago by California State Library
CentralPacificRR1880_0044
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CentralPacificRR1880_0044

That upon motion of the defendants who had appeared in said District Court of the Fifth Judicial District an order was made by said Court transferring this cause to the District Court of the Nineteenth Judicial District of the State of California in an for the City and County of San Francisco and by operation of law the same was transferred to this Court.

That Mark Hopkins named in said original complaint herein as a party defendant died on or about the 29th day of March 1878 and that the fact of his death was not known to plaintiff at the time said original complaint was filed.

That since the filing of said original complaint all the property men= =tioned therein as being in the possession of said Mark Hopkins passed into and is now in the custody care and control of defendants Mary Frances Sherwood Hopkins, Samuel F. Hopkins and Moses Hopkins and the said defendants Mary Frances Sherwood Hopkins, Samuel F. Hopkins, Moses Hopkins and each of them took the said property with full knowledge of all the acts and doings of said Mark Hopkins as in said original complaint alleged and with full knowledge and notice of the trusts upon which the said Mark Hopkins held the same as in said original complaint alleged, and plaintiff avers that said defendants and each of them now hold the said property upon the like trusts as the same was held by said Mark Hopkins.

Last edit almost 4 years ago by California State Library
CentralPacificRR1880_0045
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CentralPacificRR1880_0045

Wherefore plaintiff prays that said Mary Frances Sherwood Hopkins and said Samuel F. Hopkins and said Moses Hopkins be required to answer unto this and to the original complaint so far as the allegations therein concern or apply to the said Mark Hopkins and that plaintiff may have as against the said Mary Frances Sherwood Hopkins, Samuel F. Hopkins and Moses Hopkins the same relief as is prayed in said original complaint against the said Mark Hopkins, and its costs.

[heavily indented] A. A. Cohen [heavily indented] Attorney for Plaintiff.

C. T. Botts D. S. Terry of Counsel

State of California } } SS County of San Joaquin }

[right justified] William Inglis being duly sworn deposes and says that he is an officer, to wit: the President of the Board of Supervisors of the County of San Joaquin the plaintiff in this action that he has heard the foregoing complaint read and knows the contents thereof, that the same is true of his own knowledge except as to the matters which are therein stated on information and belief and as to those matters he believes it to be true. Sworn to before me this 10th } day of December 1880 } Wm Inglis. H. N. Weaver Clerk } By J. L. Phelps Deputy Clerk }

[left margin] Lea B

Last edit about 2 months ago by msnique70
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