The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-02-03
DECISION
The Supreme Court Makes y Ruling of I'm
p%Ortance to Wage Workers.

portance to Wage Workers.
The supreme court yesterday affirmed the
ruling Of the lower court in the case of f.
j.. Flanders, respondent, against John T.
Murphy ct al, appellants. The ruling will
be Of interest to wage earners, as it estab-
fishes that a laborer may recover what is
due him from an assignes. In this case
one Johnston owed Flanders $92.S5 for
labor. The defendants sued johnston for
$1,609.85 On March 8. 1890. and two days
later the defendants herein, but plaintiffs
therein, took a bill of sale of all Johnston's
property to secure their claim of $1,000.
The goods so assigned we're of the value of
1920, and plaintiff demanded his money.
A demurrer was filed and overruled and
$$92.S5 and costs. In reviewing the case the
supreme court says: 'sTo say that the
wage workers law should not operate be-
cause the assignment is made to a creditor
directly and for his sole benefit, instead of
being made to a third disinterested person,
itor. would be to fritter way the law on
unsubstantial verbal criticism. We are of
the opinion that the demurrer was properly
overruled and the Judgment WAS such that
should have been entered under the statute
and the facts before the court"
No Jurisdiction.
Some time ago, for the purpose of testing
a point of law, yelling Napton was served
with a writ of mandamus from the Third
district court at Deer Lodge, ordering him
to issue a certificate of mileage to Fred
Begman, a trial juror. The order was COM
piled with, but for the purpose of establish
ing a precedent, it was supposed that the
clerk did not obey the writ, and Fred Beg
man appeared as relator for the state in his
were related, including the statement that
the certificate was issued. The supreme
court could not see any chance for argu-
ment there, as long as the writ was COM
piled with and there being no valid excuse
for q dispute, concluded that the court had
no jurisdiction in the premises, there being
nothing to consider, and a statement was
rendered to that effect.
District Court Record. n
The following business was disposed of
yesterday before Judge Hunt: !
Leonard Loenthal vs.. Helena Clothing
company and Mady Clothing
Default of defendant, Mady Clothing com
pany, entered and Judgment for plaintiff
against said defendant for 1856 with inter
est and costs.
Catherine Howe vs.. G. b. Sperry. De
fault of defendant entered. and Judgment
for plaintiff in sum of $6ls.s7 with costs.
Helena Produce company VS.. @. w.
Douglas d Son. Motion to dissolve at
tachment argued and taken under advise
ment.
Mrs. Mary Cohen vs. Leon Cohen. Re-
ferred to Miles Cavanaugh as referee.
Otto Brown VS.. Hayes and Hanley. Con-
tinued until February 23d.
L. II. Hershfeld ct al. va. Clark Porter
ct al. Continued until February o.
Z. II. Kelly vs.. Geo. II. Pew. Argued and
taken under advisement.
Minnesota Ihresher company VS.. Felix
Landre. Argued and submitted ON motion
to strike out portion of replication,
Court House Pickings.
State Treasurer Hickman is on the sick
list. M
John A. Prickett, of Silver Bow county.
was yesterday appointed IL notary public.
X. H. Kleinschmidt has sold to VIM.
Steume sixteen lots in block 2, Willard nd
dition, for $500.
United States Marshal Furay hns con-
veyed to II. l.. McCuiloh, for a considera.
ton of u ,888.23 the Hopeful quartz lode.
in Ottowa district.
The deed for lot 4. block A, Mauldin nd
dition, purchased some time ago OF H. G,
Bowman by the city, was filed for record
yesterday. The consideration named ia
$4,000.
TIL Great Falls Quarry company has been
incorporated by M. $. Parker, Paris Gibson.
L. b. Collins, j. II. Mcknight and J. s.
Todd. Capital stock 100000 IN 1000
shares.