Fergus County argus., 1893-03-30
DISTRICT COURT.
Aijourns Tuesday After a Busy Session Of
Ten Days.

Judge DuBose adjourned the district
| court Tuesday, having given the last case
to the jury late Monday evening. The fol-
lowing is "A complete report Of the proceed
ings:
| n. NJ. McCauley VS.. Samuel Tyler, ct al;
water-right. Continued until second term
after this.
N r. VS.. F. F. Wright; injunction.
Continued.
tied out of court.
VIM. Muth VS.. James Allen; foreclosure.
Judgment by default.
TIC. Power & Bro VS.. Frank Lamb; debt.
Judgment by default.
Nathalie Belanger VS.. VIM. Wilson, debt.
Settled out OF court.
Martha Stevenson W. Chas. III. Steven
son; divorce. Judgment by default.
Chas. Lehman. & Co. VS.. C. j. Powell;
&sbt. Judgment for plaintiff by default.
Steph ems & Baylies VS.. Marshall Jack
son; debt. Judgment by default.
Frank NJ. Marshall We. Chas. Edwards,
Jas. II. Abrams and d. NJ. Crowley; debt.
Demurrer of defe ,dant overruled and given
until May 18th to answer.
NJ. Bolles ct al. VS.. Eben S. Marshall;
debt. Judgment by default and sheriff or
dered to sell property to satisfy mortgage.
James Sheridan VS.. II. p. Brooks; debt.
Continued.
E. G. Schneider VS.. ]. J. McCann, Sarah
J. McCann, Peter Graham ct al; quiet title.
Judgment for plaintiff.
II n,
ers; debt. This case involved the pay ment
OF 500 for work claimed to have been
done by plaintiff for defendant at the poor
farm. The jury returned verdict for de-
fendant.
Edw. C. Russell VS.. Geo. NJ. Stafford;
damages. Nearly two days were taken up
with this trial and it will probably go to
the supreme court, thirty days having been
given defendant to file motion for new trial.
Mr.. Russell alleged the erroneous surveying
of a water ditch on his property on Ross
Fork and claimed damages in the sum of
5000. While admitting that the ditch would
not carry water defendant claimed it to be
the fault of instructions given defendant by
Frank Russell, since deceased. An inter-
esting ruling in this case was on an objec-
tion by Mr.. Morrison, plaintiffs attorney,
| to the admittance OF certain portions of
defendants testimony relating to verbal
agreements with Frank Russell, on the
ground that as the latter had since died
such testimony would be ex parte and not
admit of contradiction. Messrs. Morri-
son and Won Tobel argued the point at
length. the court finally overruling the OBJ
lection. The jury returned a verdict for
plaintiff, fixing damages at Sl19.50. Those
who heard the testimony were surprised at
the verdict for plaintiff.
Day +. Waite VS.. w. Z. Vinson and C. C.
David. This action was the hardest fought
| of any during the term, Geo. w. Taylor, OF
Great Falls, and Rudolf Won Tobel repre-
| senting defendants and +. W Morrison the
plaintiff. The case dates back several
years to the time when Day +. Waite, OF
Albany, n. Y, a brother of Walter Waite,
of Utica, formed a partnership with w. Z.
Vinson for the purpose OF woolgrowing.
Last fall defendant Vinson sold all the
partnership property, except a few small
items, to c. c. David, also of Utica. I'm
mediately Walter Waite, representing his
brother, applied to Judge DuBose for a
writ of Injunction restraining w. Z. Vinson
from transferring and C. c. David from TAX
ing possession OF the property and also
asking that a receiver be appointed. This
writ was granted on December 2Sth and
Eugene Stanley, of Utica, appointed re-
ceiver. This term the action was brought
to make the injunction permanent and in
order to assist the judge in making the de-
cison a inry was empanuelled to decide
seven questions submitted to them by the
litigants. Plaintiff alleged that sale was
fraudulent and intended to deprive him OF
his rights, while the defense claimed that
sale was necessary to liquidate the debts OF
the firm. The jury decided sale fraudulent
and deemed defendant David a party to
the fraud. also settling certain questions re-
lating to property owned by the firm.
Judge DuBose accepted all answers save
one and after changing this granted the mo
tion to make the temporary injunction
permanent and also appointed F. Z. Wright
referee. Mr.. Wright has power to summon