The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-03-29

ground LnaL MS claim as pubIlc Admins
traitor was subsequent to her right
and her husbands and thar the
court had no jurisdiction because the time
fred ~ the statute had not expired. also
because Fish was 8 resident Of Lewis and
Clarke county. While these matters were
pending Judge Benton made an order con
tinuing the hearing Of the petition Of Dean
until Nov. %. Judge Buck made an order
on the hearing Of Mr.. and Mrs. Spauldine's
application appointing Mr.. Spaulding ad-
ministrator Of the estate. Afterwards
Mrs. Spauldine filed further objections at
Great Falls, setting ont that the court there
had no jurisdiction in the estate because
the court here had determined the matter.
The objections we're overruled and Judge
Benton appointed Dean. Fish left 49,
lO0.O in personal property at Great Falls.
The respondent moved to quash the writ,
which was done, the court holding that it
is not apparent upon the record that the
district court at Great Falls ia without
jurisdiction, and that it is not a case for
the issuance of the writ. Opinion by Chief
Justice Blake, Dewitt dissenting.
Michael Wall vs.. Helena Street Railway
company. Wall got a verdict for 81, 800
damages for PERSONAL injuries. The judg-
ment Of the lower court is affirmed. The
court says: About three ,. N. Jan. 8, 1890,
a car drawn BY two horses was being d driven
on the track on Main street by a boy Is
years old working Temporal lily in place Of
another. The car was running ut seven
miles an hour in violation Of the city Or
dinance that prohibits a speed Of over six
miles. When the car approached the south
crossing Of Grand street Wall attempted to
go from the west side to the east sid Of
Main. Some cabs were standing on each
side Of the crossing near the west side, and
a vehicle was also going south in advance
Of and between Wall and the car, and his
view was obstructed. He passed safely be-
attached to the vehicle and partially over
the street car track when he
was struck in the breast by the
pole of the car and knocked
down and dragged or pushed about thirty
or forty feet. A competent driver would
have stopped the car under these circum.
stances within fifteen feet Of the point of
collision and within a less distance if the
rate of speed had been under six miles an
hour. 1he time during which these events
occurred was less than a minute. Wall re-
oeived severe and dangerous injuries.
While he was held or pressed between the
scraper and the wheel, the bystanders
raised the front end of the car TO remove
him from his position, but were compelled
by a movement Of the horses to drop it be-
fore he was rescued. The court finds that
the testimony was abundant to justify the
verdict. Opinion by Chief Justice Blake,
Witt dissenting,
James B. Mem aster, respondent, VS.. Mon
tana Union Railway company, appellant.
Action to recover damages for the alleged
killing of four head of horses by the negiig-
emit and careless running of cars over them,
by defendants agents and servants in the
operation Of its railroad. The Jury re-
Iva ~ n {hnyr rnrIio% -, oy1- Sc .1.:-A.cE
assessing damages in the sum Of $500. De-
fendant moved for a new trial, which was
oyerruled and an appeal taken. The np-
pellant argues that respondent committed
an act amounting to negligence which con-
tributed to the destruction of said horses
by turning them ont to craze on the public
domain in the vicinity of his ranch. The
court does not and cannot concur in this
position. Stock-raising by utilizing the
vast open ranges Of this country is, and has
been since it's settlement, one of the prin-
opal industries which contributes to the
prosperity Of the common carrier as we'll
as to the individual citizen. 1t is the
opinion of the court that the Judgment
ought to be affirmed. Opinion by HARDWOOD,
associate Justice; Chief Justice Blake con
curing. De Witt dissented.
State OF Montana. appellant, VS. August
Biesman ct al. respondents. The complaint
alleges that a complaint was filed July Is.
1bS A1 UaO IVA . WA IA DCSl lIONR6
county, which charged Biesman with un-
lawfully obstructinR the public highway.
lie was convicted and sentenced to nav a
fine and the costs and remanded to the GUS
tody of tue sheriff to stand committed until
the same be satisfied. Biesman then fled
trial in the court below the appeal was dis
missed on motion of defendants attorney,
and Riesman then paid to the,court S44 of
the amount due, leaving a balance of $l46.-
So. This action was brought to recover this
remaining sum, the court below having de-
clared the appeal bond Of defendant for
felted. The respondent contends that the
complaint fails to state facts sufficient to
constitute a cause of action in this, that
there is no allegation That q demand for
the payment of the amount in controversy
was made upon the sureties. The court
below decided in their favor.
The supreme court holds that If the re-
spondents can secure the release Of their
principal from the custody Of the officer
and escape liability in this action by the
dismissal of the appeal, 1t is clear that the
administration of Justice will be OBJ
Rtructed. The court erred in entering Il
judgment for respondents under these con-
ditions.
Ordered that Judgment be reversed, and
that the cause be remanded, with direo-
tions to the court below to override the do
muir or. Opinion by Blake, HARDWOOD con
curing, and Dewitt dissenting.
Thomas Mcdonald OF al, respondent. vs..
Amos Shreve, appellant. '.fhis appeal il
in this court upon u statement on appeal.
Tho appeal is from an order granting "
trial" Motion OF respondents to dismiss
tho appeal sustained. Opinion by Blake,
HARDWOOD concurring, Dewitt dissenting.
1ranscripts on appenl were filed IN fol-
lows: L. Ia. Kleinaohmidt VIZ. Albert Klein
schmidt, defendant and appellant.
j. ii. Helm ct ux., plaintiffs and respond
ents, w. Albert kleinsohmidt.
Tho BOO Hive Ia offering tho hoat bargain in tho
scru ut % cents.
Ono Thousand papers "Viok's" Celebrated
fresh flower seeds inst received Mt Ill. NJ.
lnrohsn Il ca.