The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-09-27
DECISIONS RENDERED.
Six Mechanics Liens Upon a
Meagher County Lode
Mining Claim.
The School Teacher Wins Her
Mandamus Case Against
Yellowstone County.
Alleged Rnm0rs at n sharif's Sale In
fuenced the Bidding on some
Hel0ns Heal Estate.

Decisions In the following cases we're
rendered by the supreme court yesterday.
Landon A. Smith, OF al, vi. the Sherman
Mining company. appellant, from NsaRher
county. Appeal from a judgement for the
foreclosure of six mechanics liens upon q
lode mining claim. The appellant con
tended that the account did not conform to
the statute, which requires that there shall
be filed by the party claiming the lien. "a
just and true account of ths smount due or
owing to him after allowing all credits, and
containing q correcs description Of the
property to be charged with said lien, veri-
fed by affidavit. but any error or mistake
in the said account or description shall not
effect the validity of said lein, provided the
property may be identified by said deaoriE-
tion." The most serious difficulty pre-
sented, says the court. relates to the des-
cription of the Sherman lode mining claim.
The statute enacted, '"Yhat the loin given
y y 4 shall extend to the lot or land upon
which any such building, Improvements or
structure Ia situated to the extent OF one
acre, If outside of town or
city. 1--WE have concluded that
the restriction to one acre in the quantity
of and which can be charged with the lisn
ia not applicable to this action. The act
of the frat legislative assembly of the
territory, securing liens to mechanics and
Others did not embrace work upon a lode
mining claim. The statute which cured
this omission was approved Dec. 6, 1887.
and has not been repealed. A person who
complies with the law il entitled to a lien
upon q quartz lode to secure the pay
ment for his labor thereon. We cannot, in
the light of the authorities. hold that the
description of tho lode mining claim ia SO
uncertain rs TO render the Judgment void"
The Judgment ia affirmed. Opinion by
Blake. chief Justice.
State vs.. ex rel Louise 'Shapely w. the
board Of county commissioner of Yellow
stone county. An application for a writ
OF mandate to be directed to the board of
county commissioned of Yellowstone
county, commanding the levy of a special
tax on the property of school district No.
&, for the purpose OF satisfying q Judgment
in favor Of Louise Shxpely. She obtained
a Judgment against the school trustees for
$3.50 and costs. The amount of money be-
y longing to the district is $840. Is. A petit
tion to pay her claim was denied. The
to make the levy. A persmptory writ of
mandate was ordered according to che
PRAYER Of the relater. Opinion by Blake.
chief justice.
Joseph H.. Russell plaintiff and appellant
va. g. II. Pew, respondent. The purpose
of the action was TO obtain a decree setting
aside and vacatina q judicial sale Of certain
interests Of the plaintiff in certain real ss-
tate in Helena, made in pursuance Of a
decree foreclosinR a mortgage in an action
against the appellant. At the time of tho
sale 1t was rumored that it was mot a
genuine one and that Russells title was de-
%fective, and by reason of the foregoing, the
highest bid that could be obtained WAS
S175, while the property was really worth
So 800. Judgment of the lower court in sua-
tanning the demurrer is affirmed. The
property mentioned is an undivided three
fourths interest lot eleven. block five,
Hauser addition. Opinion by HARDWOOD,
associate Justice.
August HerzoR, plaintiff and respondent,
vs. Henry Barnard. defendant and appel
liant. Order of the district court of Mis-
soula county granting injunction to Herzog
to restrain Barnard from disposing of GER
tain mining stock 10 affirmed. Opinion by
Dewitt, associate justice.