Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1891-08-20
DISTRICT COURT.

The district court has been in session al
most continuously during the past week,
the following business having been disposed
OF and the docket pretty much cleared up.
adjourned Tuesday p. m. until Sept.
LIST, at which time the Cruise water case is
expected to come up.
RoBATE BUSINESS.
Estate OF Fred Lawrence: hearing petit
for order confirming sale of real es-
tate. Granted.
Estate OF Wenzel Wocasek, Sr.: ne airing
OF Wenzel Wocasek, Jr. for let
tiers of administration. Application with
drawn.
Estate of James McAdam; hearing APP
OF executrix for final distribution.
f. W. Morrison attorney. Continued.
Estate of Francis A.Janeaux; Order CON
frming report Of commissioners PARTITION
ing real estate. K. VOC Tobel, attorney.
Estate OF Alonzo b. Bean; order confirm
ing sale OF real estate. K. Won Tobel, at
torney. Granted.
CRIMINAL DOCKET.
State OF Montana vs.. j. j. Davis; cruelty
to animals. F.. E. Smith for plaintiff, E.
W. Morrison for defendant. Demurrer to
o%verruled and case continued.
State of Montana va. W. H. Lineberger;
assault with intent to kill. F. E. Smith and
E. W. Morrison for plaintiff, Francis Mac
Gowan and @. W. c. Shutter for defendant
In this case the Jury returned a verdict of
guilty az charged late Wednesday after
noon. The prisoner was sentenced Thurs
day to a term of six years and lett for Deer
Lodge Monday in the custody of the sheriff.
In p~ronouncing sentence the Judge said he
had given the case more consideration
than any other since he had been upon the
bench, and that he did not consider defen-
dant responsible when stirred up, and
should make the sentence as light as posi-
BILE, all considered. Defense was granted
thirty days to file transcripts on appeal.
State VS.. J. J. Campbell; assault with in
tent to kill. In this case "a verdict of guilty
was returned and the fine fixed at $500.
Mr.. Morrison. IN defending, stated that he
considered his client guilty, hut that con
sidering the prisoners age and the circum-
stances of the crime, he thought a light fine
would answer the ends of Justice as well as
an imprisonment, and this argument pre-
vailed.
owl DOCKET.
Ella Il. Sifton vs.. Chas. NJ. Clary, DANA
ges. Geo. W. Taylor for plaintiff, q. w. C..
Shutter for defendant. Dismissed without
prejudice.
Edward w. Knight VS.. William Wallace
ct ux.; foreclosure. A. X. Barbour for
plaintiff. Continued.
John r.. Mason ct al. VS.. Christ King ct
al; water right. f. w. Morrison for plain
tiff, r. Won Tobel for defendant. Contin-
ued by consent.
Katherine Moore VS.. Dallas Moore; di-
vorce. f. W. Morrison and X. Won Tobel
for plaintiff. Default entered.
Hester /. Smith VS.. l.. ID. Smith; divorce.
f. w. Morrison for plaintiff, X. won Tobel
for defendant. Continued.
G. r. Brunette VS.. j. H.. Martin; water
right. f. w. Morrison for plaintiff, +. +.
Smith for defendant. Default entered and
judgment awarded plaintiff for > dam
ages and costs.
Il. +. Uplinger VS.. Board Of County Com
missioEers; injunction. X. Won Tobel for
plaintiff, F. f. Smith for defendant. De-
murreI to answer overruled, and case dis
missed.
State of Montana on complaint OF +. z.
Chandler, W. H. Peck, Oscar Stephens, Ole
opheim ct al. VS.. Board of County Com
m~issioners; incorporation OF funds.
Demurrer argued and taken under ad wise
ment by the court. o. F. Goddard APP
peared for defendants.
James NJ. Harris VS.. Leonard Webber;
to force conveyance of real estate. +. w
Morrison for plaintiff. Continued.
j. f. Lyons VS.. G. p. Clark; debt. Fran
els MACEDONIAN for plaintiff. Default en-
tered and judgment awarded plaintiff for
foreclosure of mortgage and $50 attorneys
fees.
In the ease of the People of the State OF
| Montana VS.. L. NJ. Hobensack, an action
brought to set aside the last school election
in district No. l.. the case was dismissed
without prejudice. The action had been
brought in the name of the people OF the
State OF Montana, under section All, let
ehA tSh'P'N' vi
but the court held that section %. article
s, of the constitution, reading THE style
OF all process shall be The State OF Mon.
tana, and all prosecutions shall be con.
Quoted in the namea and by the authority
oi the same" rendered the papers wrong, az
the complainant had no legal capacity to
sue. New papers have been filed comply
mp with this decision.
Jury commissioners for the next term vi
court we're appointed as follows: j. C.
Walker, j. NJ. Vrooman and VIM. Blu
chanan.
We were in error last week in stating tn,
decision of the court in relation to the lie
gality Of a bill OF sale. We said that thu
court held a bill Of sale to be as legal {
transfer of "A water ditch or water right IA
a deed. This was wrong. The bill of sal,
was "A transfer of the property for lin
reason that it was an abandonment.
JUDITH VALLEY LOCALS.