The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-12-27
Frpm Thursdays Daily.
Il INJUNCTION.
Answer Filed and Argument to Be
Heard Tomorrow.

DiiuS sh" oohh o'~t ~
morning for Deer Lodge, to argue the sppli-
cation for a preliminary restraining order in
the case of the Inter Mountain Publishing
Company against Leigh r. freeman. The |.
complaint was published last week in the
columns Of the MINER, and the answer in
the case, which was filed yesterday, is this
morning published in full.
The preliminary argument will be made
ton srrow before Judge WI. Galbralth, sit
ling in chambers. ut Deer Lodge, and will be
based on the complaint and answer, and aft
davits OF probably = like tsnor.
The answer Is as follows.
III the District Court of the Second Judi
eial District of Montsn a Territory 10 and for
| Silver Bow county. Inter Mountain Publish
ing Co, PLAINTIFF, vs.. Leigh X. freeman, de-
i.ntant. Now comes the defendant in the
above entitled action and for answer to
plaintiffs complaint herein denies on iRfor-
nation and belief that At any time before or
after the Esd day OF February, 1881, the said
plaintiff announced, or publicly published,
or declared, OF caused to be published, or
caused to be made known publicly OF gener-
ally that it would establish a ne wspaper of
daily or weekly editions, to be published in
Butte City. n. T., or else where, to be known
as the Inter Mountain ne Newspaper, or by any
other name.
Aud for further answer defendant denies
that the said newspaper, the Inter Mountain,
has secome or is well or widely known as a
---l - ol.,-l ~. ~hln 20 anar . Ha
nies that said Inter Mountain newspaper has
ever acquired any reputation or revenues that
would be considered worth preserving by any
respectable public Journal in this or any other
community. Denies that the subscription
sales or advertisements of said Inter Noun
tain ne wspaper are any source a. pr. fit to
said plaintiff.
And further answering defendant alleges !:
That the editorial department of said Inter
Mountain newspaper is in the hands of in
competent persons, who plagiarize, pilfer and
purloin from other public journals AID news
papers.
And for further answer defendant alleges
on information and belief that said later
Mountain newspaper is not a source of profit
to slid plaintiff, but that said paper is kept uE
and su'tained by a>sessmsEts upon the delud,
, ed aud unwary stockholders in said corpora
ton, and by borrowing money 10 prop up and
sustain a frail and tottering fabric which
would otherwise fall for lack Of legitimate
support and public patronage.
And fer further answer defendant deniel
that during the year 1881, or after the alleged
facts stated in said complaint, or at any otheI
time in Butte City, Montana Territory o
> elsewhere, he w%rongfully or frandulently o
, maliclously prepared, published or printed o.
offered for sale, or subscription, or sdvertis
ing, or still does priat, publish or sell or one
for sale or subscription or advertisements
u any newspaper in imitation OF said plaintiff
newspaper, with intent to deceive, or to de
: c i've the public or the buyers or readers, o
subscribers, or advertisers of any paper, or Q
the one published by plaintiff, or that he eve
published a paper in imitation Of plaintltf'
81 newspaper.
u peuies that he las with intent to defrau
. or deceive the public, or anyone, publishe'
or caused to be published or printed, an
~ newspaper nearly similar in name or devic
10 plaintiffs newspaper.
And further answering defendant denit
~ that the newspaper published by him l
. Butte CITY, ID. 4. is a close g
any imitation Of any name or device of an
newspaper published by said plaintiff
!, denies that the use of the words "Iater Aom
tain" or any words IN connection with tn
!. name of this defendants newspaper, is {
wa, initiated, or calculated either to deceiV
i. tie readers or purchasers, subscribers or pa
ruus or advertisers of plaintiffs newspaper
- or that it, has or does mislead or deceive man
No or any ofthem, to purchase or subscribe IL
,s or ad vertise in said defendants newspaps
in the idea or belief that it is or was the new
n.per published or printed by said plaintiff
And for further answer defendant denies tht
by reason of any acts of his in the premise
=. or by srv of the alleged facts set forth in sa
compl,int. that plaintiff has been damaged
81 the sum of one thousand dollars, or In ~
other SUP, whatever, or that plalntli1 II
,.r been damaged at all,
he And for further defense to said action q
g. PENDANT alleges: that long before said plant
,al incorporated as "Inter Mountain fnol'shl'
he COMPANY, and long prior to the puolicstl'
rth of said Inter Mountain newspaper, to-"i':
of the 22d day of December, 1850, the salo q
his PENDANT gave notice and announced IN |
nd Glendale ATLANTIS, q newspaper then pu
llsied by him in Glendale, Montana ler
tory, that lie would merge several nj ~spap'
then published by him into one ne"SpaP'
ubicb vonld be known by the name OF IN