The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-06
1T MIGHT Be CONTEMPT.
II Il Is ]. 0. Briscoe VIII Be Cited
to Appear Before Judge
Buck
W. H. Smith Sent 20 the Psniten-
tiary at Deer Lodge for
One Year.
The Order Renewing Assignee Thompson
IL Set Aslde-He Pleads To-day
Other Court Business.

In the case Of Alice NJ. Blaine 81 al. W.
J. q. Brisooe. Sarah Coyle d al, a motion
was argued in Judgs Bucks department Of
the district court yestsfday morning 70 sci
aside a default Judgment rendered By ths
court In behalf OF the plaintiffs At the De.
eember, 1898. term Of the court. The
PLAINTIFF 10 the action had obtained an in
Junction, and the defendants moved 20 set
10 aside. The Arm OF Smith a Word rep
resented the defendants. J. o. Brlsooe
disslaimsd any interest in the suit, and
Smith a Word appeared for Mrs. sarah
Coyle ot al The motion 10 dissolve the In
junction was disallowsd. and the records
show that demurrer Iutsrpossd BY Smith
Word was at Tho samo time oVsrfuled.
About forty days after. tha defendants
having failed 10 ut in an answer. iudR-
ment by default Was rendered Ia behalf Of
plaintiffs, making the injunction perpetual.
Yesterday morning W. J. Arson. in be-
half OF Sarah Coyle. moved the oourt to set
asite this default judgment on two
grounds, the FIRST being that Smith a Word
hat no authority 10 represent bis client,
"a All CoYle, the second being that the rec
otds OF the coHrt enormously showed that
tho domurrer interposod by Smith a. Word
ia her behalf had been overfuled. In SUP
pot Of his position he read AfiidaVits sub
sorbed aud sworn 20 by Sarah Coyle and J.
.. Briscoe. Sarah Coyle swors as follows;
That she u further creditably informed
ana believes that tue nTm OF Smith a.
Word. attorney -At-laW, of Helena, Mont,
have entered aud appeared for her in said
cause as her attorneys OF record. Said de-
pOnent deposes and says that she is entirely
uuacguaintsd with the said firm Of attOr-
neys, or either Of them, aud that she never
engsg their aerviees. or either OF them,
or authorized any one for her 20 10 do.
| bat her apDea ancs in said cause by said
attorneys was entirely without her knOwl-
edRs and consent and without any author.
itY from her, either directly or indirectly,
but was purely vOlunto on their part. ana
shat she disaiilrms their appearance MADE
by said firm for her IN said case"
j. q. Bfiacoe, being duly sworn, depoees
and saws: THAT he 10 the Bgsnt of sarah
Coyle one Of the defendants IN the above
entitled action, for the purpose OF renting
and collecting ents OF the property in dis
pute by and between these pianttiB aud
defendants herein. And this afha nj further
depoaes and says be voluntarily anu with
out the knowledge. consent or approval OF
the said sarah Coyle TO employ counsel TO
rep esent her In said cause that he did
authorize AlessTs. Smith q Word to appear
and represent her interest in this entitled
action"
L. W. Iools resisted the motion 60 set
aside the default judgment. After consid-
ENG the Rflidavlts. the court held that no
sufficient showing had been made to set
aside the default, and thcToupon denied the
motion.
M. Ioole suggested that j. O. Briscoe
was guilty OF a contempt OF court mas
much Ne in his etidavit he admitted haV-
ing employed NTH d Word IN behalf of
Mrs. Sarah Covlo and then stated that he
had no authority TO do so, without making
The slightest attemut TO eKulain his action.
Judge Buck theTeupOn said that the action
OF Mr.. Briseoe trenched very closely upon
contempt. He would take the authorizes
offered by Mr.. Toole relative TO such an
act constituting contemut and give tRem
careful consideration. in order 10 deter
mine whether OF not j. q. BTiseo0 should
DO cited to show cause whether not he |
should be hsld for contempt Of court.