The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-03-24
A QUESTION OF SUREIIES.
Il Is Raised in the Case OF City
Of Helena vs. Thomas
Corners OF al
The Matter az Issue Is OF Very
Great Importance to
Bondsmon.
Jurors for Jadge Backs Department Of
IN. Di,trict Csurt-vsrdist for Geo.
HiII-Other Business

All the business in Judss Bucks depart
ment OF she diairiet court yesterday vas
conducted without . jury. OHe OF the
cases subnittea involved 9 question OF
great Importance 30 b0ndsmen. 10 vas
that Of the City Of Helena versus Thomas
Connsrs and Jscob ID. Tieiisn. Corners
aud Tietisn we're bondsmsn for Jesse j..
Mccarthy, plumber In August. 1891,
Mccarthy was making some connections
and dsing some other plumbing work a.
the Steam boat block. In doing 90 70 was
necessary 70 make . deep excavation on ths
north side of Helena avenue, between the
railroad track and the sidewalk, near the
intersection Of Main street Ga the night
Of AUG. p party of men and women who
had engaged . double team and carriage
from 2. b. Dillon. we're driving up Helena
avenue toward the center Of the city. Tbs
horsss we're driven directly into
the excavation. One of ths
animals was gotten out alive
but Injured badly. whils the other was
killed Dillon. the owner OF the horses
brought suit against the city. alleging that
the excavation was not sufioisntly lighted
TO warn people Of the danger. He obtained
a verdict for $780, which amount the city
paid.
Each Isrson licensed by the oitJ 20 en-
gage in the plumbing business il required
20 furnish bond. This is Intended 30 pro-
tect the city from loss in cases such as ths,
cited. and in other ways. Conners and
Tietjen were McCArthy's bondsmen for
$500. After the city had paid the amount
Of the Judgment obtained by Dillon Abe
city attorney began suit against AeCArthy's
bondsmsn.
The case tried before JadRS Buck yester-
day and taken under advisomsnt involved
the very important question IS 20 whether
the Dillon judgment against the city stands
against the bondsmen of Mccarthy. oi
whether Corners and Tietjen, In their owl
defense. have right so insist on tria
which shall 90 into the merits of the case.
/ The facts regarding the accident were not
/ disputed in the proceedings yesterday
| should the Judge decide that the bOndemor
can insist on a trial on the merits OF th'
| controversy, the whole matter will have q
be gone intO sgsin.
The following have been dawn Sc juror
/ in Judge Bucks department of the dlstric
court: /. II. Keller. Dan Mahonev, A. b
| Clements. Henry w. Foote, ]. b. LOOMS
John SturrOck. HsIvey Barbour, X. W
duncan, j. b. lands. W. 5. NotAw. Geo
A. Boyle. J. A. ArmitsRe. Fred Teutenbsrg
Svend Carlson. j. V. jerome, Ed Perritt
f. s. Lang and Seth Bowden.
Judgment by stipulation was rendered
By Judge Buck in the case OF Thomas Quinl
against George Ssymer. The latter CAV
notes 10 the propTietress OF the Coliseum
and Quinn purchased them. The iudg
ment IN bis favor was given on the grounS
that Quinn was an innocent purchaser.
The verdict of the jury IN the case o
George May and others sgainAt George II
Hill was opened by Judge Buck. Their
were twsnty-one special hndings submitte,
70 the jurv and all OF them we're snswefe,
in favor OF Hill.
Jonas B. Well was given iudRmen
against b. J. Fine for S2i269. The sui
was on open account.
A Judgment by defanlt for S329 - va
ords e3 in the case OF l.. +. Wetmore yer
sus the North Helena Land Improvement
company.