The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-02-28
RECORD OF THE COURTS.
An Opinion as to a Married Woman's
Individual Property Attached
for Debt.
Other Decisions in Cases Appealed
From Park and Gallatin
County Courts
Committees to Draft Resolutions Respect
in. the Late William Chumasero
OF the Helena Bar.

The Supreme court handed down three
opinions Yesterday. One of them, in the
case Of Violet NJ. Kelley Vi. G. Nj. Jetferis,
sheriff, is interesting TO women. The action
WAS brought to recover damages for the
personal property. The plaintiff was a
married woman residing with her husband,
James j. Kelley, in Helena. At the time of
her marriage she had 800 i'll money. her
individual property. acquired prior to
her marriage. After her marriage she in
vested the money in certain articles of sa-
loon furniture and gave = chartsl mortgage
on the property. She carried on the saloon
business in her own name, her husband
acting as her agent. The furniture was
seizsd by the sheriff under an execution
issued against the plaintiffs husband to
enforce q Judgment obtained against him
for indebtsduess he contracted prior to his
marriage. The plaintiff then instituted this
action to recover the value of the property
as damage for the alleged wrongful
seizure and conversion thereof. The trial
resulted in \ judgment for the plaintiff for
CpcU dAlNA AASitb "AASA NAS
appealed. The contention of the appel
liant was that admitting the foregoing facts
in reference to the property, the plaintiff
was not entitled in law to recover damages
for seizure in satisfaction of the execution
against The PLAINTIFF husband. In passing
upon the case the court says: III the re-
spondent's claims on said property were to
DO determined entirely by IN application
of the principles of the common law in re-
lation to ths rights and disabilities OF mar
ried women on tho subject of holding prop
erty. the appellant would doubtless prevail
IN his contention that said property was
subject to seizure and sale to satisfy the Ii.
abilities Of the plaintiffs husband. Bu
other statutes on this subject existed when
these facts arose which modify the rules of
the common law" Here the court quotes
a section Of the law Of Jan. Il. 1872, chap
ter 1882 compiled statutes as follows:
That the property owned by any mar
ried woman before her marriage, and that
which she may acquire after her marriage
by descent, gift. grant, devise or otherwise,
and the increase, use ana pronts tnereot.
shall be exempt from all debts and llaoll"
ties CT the husband, unless for necessary
articles procured for the use and benefit of
herself and her children under the age of
eighteen years: provided. however, that the
provisions of this chapter shall extend ouly
to such property as shall be mentioned III q
liss Of the property of such married woman
a. is on record in tho office OF the register
Of deeds of the county III which such mar
ried woman resides"
The plaintiff did not rely upon the sole
traders statute which permits women to do
business in their own names. The decision
of the lower court is sustained. Opinion
by Associate Justice Harwood,
State VS.. James III. Hudson. appellant.
This was an appeal by the defendant upon
a conviction for uttering. publishing. and
passing an alleged forged instrument. The
opinion treats of but one Of the several
points MADE by appellant. which may be
stated as follows, says the court: In
formation was filed in Ga!latin county,
ing and passing the forged instrument in
t~fallatin county. The proof was that the
defendant deposited tho alleged forged in
strumsnt in the United States mail at Three
Forks, q postofice in Gallatin county, d.
rected to the city Of Butte, a postotfice in
Silver Bow county. to the Singer Manufac-
turing company, the party alleged to be in
tended to be dsfrauded by the defendant.
The Singer Manufacturing company to
whom the forged instrument was SO sent,
received the same at Butte. This was the
only testimony as to venue, as TO the place
where the defendant uttered. published and
passed tho instruEent. The court in
atruoted the jury on the matter Of venue,
shat if the state has shown thatthe defendant
mailed the instruments in Gallatin county,
state OF Montana. addressed to the Singer
Manufacturing company, at the city OF
Butte, Montana, with the intent, etc, and
that the defendant knew the instrument to
be false and fictitious, and that the Singer
Manufacturing company received tho In
Rtrumcnt in the course of mail. that that
was sufficient. The question upon the ap-
peal was whether the facts OF q mailing Of
the forged instrument By defendant in
Gallatin county. and the due receipt of the
same by the singer Manufacturing COM
rauy in Silver Bow county, constituted an
ute ing, publishing and passing in Gala
tin county. II yes. the venue was proved;
If no. the venue was not proved, and the
Judgment must be reversed. The judR-
msnt was reversed. Opinion by Associate
Justice Dewitt.
State vs.. John Hayes, respondent. Hayes
WAS charged with selling u roam mare Of
the value Of $40 OF which he was tho bailee
on Aug. -, 1892. The respondent pleaded
not guilty. lie was convicted and the jury
fixed his imprisonment in the state prison
for q term of one year. After conviction
counse for the respondent filed in the low.
err court q motion IN arrest of Judgment on
tho ground that the property alleged to
have been converted by the defendant was
stated to be OF the valne of $40. and that
the offense, If any, charged IN the informa-
ton. was that Of petsy larceny. The lower
court sustained the motion, ana from the
order and Judgment sustaining the same,
this appea! ls prosecuted. The judgment
of the lower court is affirmed. Opinion by
Chief Justice Pemberton.