The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-08-01
ABOUT THE COURT HOUSE.
The District Court Takes . Recess
During tho Heated
Term.
Decision Against the Billings Ga.
xette Affirmed BY the 5u-
preme Court
Lawyers and Litigants to Take Rest
ProceedinEs Of tho Lower Court
Yesterday.

The supreme court yesterday affirmed 2
decision Of the district court at Billings,
sustaining the action Of tho board Of county
commissioners Of Yellowstone county In re-
ducing bill presented by E. II. Becker, OF
the Billings Gazette, for publishing the
state constitution. On December Z. 1883,
Becker fled bill with the county commits
sioners for printing ON September IS. go
folios at $1.50, amounting to $345, and $50
folios at 80 cents, amounting to $1035.
claiming total Of s., $50. On this claim
the commissioners allowed him $3.50. From
which action he appealed to the district
court. There was no question about the
sum Of $46O. The claim at the trial upon
the account which took the place Of plead
ings, was for $3.50, moro than the board al
lowed. A verdict was rendered by jury
for the defendant. A motion for new
trial by the plaintiff was denied, and no
appeal was taken from the order denying
this motion. The supreme court. after
making some remarks about the imperfect
lower court, proceeds to show the
inconsistency between the items thus
claimed in the account. The court then
finds the claim to be 23O folios at $1.5O,
$345, and 23O folios at Soc, $115, total
amount Of $500; The pleading therefore
claims $460. The claimant was allowed
$460 by the board. He was allowed all he
claimed and the supreme court says the
Judgment of the districtecourt was properly
in favor of the board. The judgment of
the lower court was affirmed.
The district court took a recess yesterday
vacation in trip TO California and other
points.
Supreme Court Proceedings.
55-E. b. Becker vs.. The Board of Coun-
ty Commissioners Of Yellowstone County.
Judgment and order Of lower court afi rmed.
Opinion by Judge Dewitt, Blake and Har-
wood c0ncurring.
81. T. Sullivan vs.. City Of Helena.
Submitted on briefs and taken under adj
visement.
District Court Proceedings.
67-Sarah E. Longhead vs.. Joseph
Longhead. Decree Of divorce granted
plaintiff.
Fred Lehman W. George May ct al.
Judgment favor plaintiff for 81 1854 and
costs.
4376-Mary F. Billings vs.. R. H. Hardy.
Motion for new trial overruled.
267-Wm. Bremen vs. George MCGOWAN.
Judgment for plaintiff for $463.N and
costs.
Fred Lehman We. George May ct al. De-
PENDANTS motion to sell attached property
to pay laborers wages granted:
217-Ketchum, DeNoille d Co., vs.. Geo.
b. Diehl. Shober g. Rowe associated with
counsel for defendant.
341-M. l.. Tompkins vs.. Geo. 81. Pew
ok - 1Nofor1or<c ,,nnti0ya tn nnnah
mons submitted and taken under advise
ment.
W9-Henry Monroe ct al. vs.. David A.
Bentley. Decree Of divorce granted plain
tiff.
4l22J. L. Randall ct al. VS.. the Ameri-
can Fire Insurance company.
4123-J. l.. Randall ct al. vs.. the Liver
pool and London and Globe Fire Insurance
4l24-J. L. Randall vs.. Lancashire Fire
Insurance company.
APPS. L. Randall ct al. vs.. Phoenix In
surance company; motion for new trials In
above cases overruled.
AEON. Salvail vs.. N. Campbell; plain
tif's motion to strike part of defendants
answer overruled.
133-John B. Hodson vs.. Sarah Hodson;
divorce granted plaintiff.
Order heretofore made everything mo-
tions for new trials in cases 4122, 4123, 4l24
and 4125, revoked.
341-M. l.. Tompkins vs.. Geo. H. Pew ct
al. defendants motion to quash summons
overruled.
1851. j. Lesser vs. Richard Jockey, dis
missed as settled.
344-s. Roth VS.. Bosnian Bros. q Co.,
August LIST in which to plead.
In the matter of the estate of VIM.
Dewar, deceased, stay of proceedings on
decree of distribution ordered for ten days.
4,933-MIs. S. Cunningham VS.. j.. A.
Quirk ct al, ordered that if plaintiff shall
file stipulation on or before Aug. 5, con-
senting to a Judgment in her favor in the
sum of $l36. GO, with interest from July 8,
1889. at 10 per cent. per 'annum, together
with costs and remitting all in excess of
such sum, Judgment for such sum will be
allowed to stand and motion for new trial
overruled; otherwise the defendants
motion for new trial will be allowed.
Whereupon it is hereby ordered that this
court do now take recess until convened
by the judge of the First Judicial district,
or, in his absence, by the judge Of any
judicial district within the state of Mon
tana who may be within the First Judicial
district.
Court House Cuttings.
The following locations were filed for