The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-06-16
SUPREME COURT RULINGS
Opinions Handed Down Yesterday
in Criminal and Civil Cases
on Appeal.
Deer Lodge County District Court
Reversed In a Grand Lar
ceny Case.
Application From Custer County Tor Z
Writ Of Mandamus ON the Dis
trlGt Court.

Five opinions were rendered by tho su-
preme conrt yesterday in cases from Deer
Lodge and Jefferson counties. The deci-
sions are as follows:
State Va. Albert Kingsley. The appellant
was convicted of the crime of grand lar
ceny, in March, 1891, and judgment was en-
tered upon the verdict. The information
was filed March 20, 1891, by the county at
torney OF the county Of Deer Lodge, n
alleged that the offence WAS committed
September 20, 1889. A plea OF not guilty
WAS entered and it is conceded the verdict
was supported by the evidence. The appel
liant moved to arrest the judgment upon
the following grounds: That the county at
torney had no authority to file the infor-
nation; that the court had no jurisdiction
to try the alleged offense by information:
that there was no authority for the pro-
ceeding by information, and that the in
formation did not state facts sufficient
to constitute a public offence. The mo-
ton was overruled and the appeal was
| taken from the action Of the court below.
| The Judgment is reversed and the cause re-
| manded with directions to grant the mo-
| ton in arrest Of the Judgment. Opinion by
| Blake. chief Justice.
State on relation of Fletcher Maddox vs.
E. A. Kinney, state auditor. This was an
application to compel the state auditor to
draw a warrant in favor of relator for $50,
claimed to be due to complete the
payment for 800 copies of volume nine OF
the supreme court reports. The writ OF
mandate was ordered to be issued. Opinion
by E. N. Harwood, associate Justice.
James W.. Estill ct al. appellants. vs.
David g. Irvine. Appellants alleged they
were the owners of 300 inches of water flow
ing into Tin Cup Joe creek, Deer Lodge
county. and had been using the same fol
more thar sixteen years and made an
appropriation thereof in 1857 for irri-
eating crops; that Irvine has for 9
stream. The relief prayed for was a per
petual injunction restraining Irvine from
diverting the water. The court below
refused the injunction and Judgment was
rendered in favor of Irvine for his costs
The Judgment is reversed with directions tt
the court below to find facts requested OF
the testimony taken and such further testl.
mony as mny be taken and enter judgment
thereon. Opinion by Blake, chief justice.
HI. G. Gels, respondent vs.. Helena and
Livingston Smelling and Reduction com.
pany. This is an appeal from an order OF
the O14GrlCU CDuIb VI ACLoo OOuAoJ NoAy
ING appellants motion for a change of tn
place of trial to the county Of Lewis ant
Clarke. The order appealed from j
affirmed with costs. Opinion by E. N. Har
wood, associate justice.
T.. b. Waterbury. appellant, vs.. Board o
Commissioners of Deer Lodge county. Tn
board was attached for $347.81, belongings
to a deputy sheriff. The Judgment of tn
district court is reversed, and the cause re-
handed with order to enter judgment il
favor of Waterbury for $21O.4O and interea
March u, 1898. Opinion by w. H. De Witt
| associate justice.
An application was made to the cour
Yesterday for a writ of mandamus reqirin
the district court of Custer county to issu
a like writ in a matter growing out of tn
payment of a school teacher. The count
commissioners refused to pay the salary an
the district court refused to issue q VII
commanding them to do SO.