Great Falls weekly tribune., 1895-07-26
PAVING MAY Be CONTINUED
Unless Obiecting Property Owners
File, Before Wednesday Even.
ing. a Bond Of
Ten Thousand Dollars. the Sureties to
BE Residents and FreehoIders
in Cascade County.

Judge Benton Monday rendered his
decision in the suit of Atkinson ct al. We.
the City OF Great Falls ct al. to prevent
the paving of Central avenue. Accord.
ing to the decision, the order restraining
the defendants from proceeding with the
paving will be dissolved Wednesday
evening unless the required bond is filed
by that time.
Ii the bond is not filed by that time
the plaintiffs only recourse will be to
appeal to the supreme court. That body
is expected to adjourn July 20 until!
October, and it is rot probable that the
appeal will be heard at this term OF the
supreme court, In the meantime. the
paving may be nearly, if not quite. cou.-
pleted.
The following is the full text Of the
decision and accompanying order:
William Atkinson, W. S. Burgess, Geo,
\on l.. Meyer and Clement Fay, tlus,
tees, j. II. Mcknight, VI t. Freeman.
Ira Myers, K, Blankenb baker. A. W.
kingsDucy, Preston King. and Susan +.
thowen. plaintiffs. vs. The City Of Great
Falls. ct al. defendants.
| The above entitled cause having been
set down for trial upon the order of the
court, and the respective parties having
appeared by counsel, and witnesses hav-
ing been duly sworn and examined. the
court having duly considered the same,
! 1t Is ordered, that judgment be. and
nrta e., -
the defendants. the City Of Great Tslls
and Henry Ntogel. and against the PLAN
this herein for the Disbursements herein.
Il is further ordered that the injurc-
| tlon heretofore issued By this court.
| bearing date the llth day Of july. ls9J.
be continued in full force, aubjact to the
| conditions Of an order heaiiLs even
| date herewith. and filed with tne clerk
! Of this court, requiring the plaintiffs 10
| file Il bond herein within three days in
! elusive which order provides that upon
| the failure Of the plaintiffs to file such
ho1d within said time said uiunc-
1 tlOn be C;:.=0 we'd.
&. II Bn&roN, Judge.
Great Falls, July -, 1898.
Wilmer :. Atkinson ct al. plaintiffs. ?s.
! The CITY q Great Falls. Henry Nogel {.
! Il. H-l"AuGLis, OfUUl.
! N iUyl-ctlnl having 1eeL issued ~
tins court -51.n+t the above nauau de-
/ teDdaLts, bearing date July lItG, ls9J.
restraning the defendant E'o4el from
/ prosecuting work upon his street paving
contract. and the city of Great + .l.s
from Issuing any warrants IL payment
! for work previously done. - by the eu-
/ prcme court Of the state Of Montana
/ ADVISED, and no undertaking having at
thn time such injunction Was Issued
/ been auade T.. the p.alut.tr4 herein, the
molten requiring the plaintiffs t. tie
such undertaking being subsequently
/ brought "a, and at sucn hearing
/ the defendants counsel. Mr.. Lar
gent and tlr. lluLtoon. being both
sick and unable 10 appear before the
court and being represented by their
clerk only, and there being nothing be
fore the court It that tine to snow the
amount Df damage the defendant. N0re..
vas likely to sustain bec}1Ise ot such in
junction, and defendant, EGge.'s. counsel
having thereafter fled thev motion for
al Increase Of SAID bond 10 the amount
Of $4,000, and such motion being
brought on for hearing, upon the a!ii-
dhYlt Of SAID Np9e., and the counter af
hJari;a He'd by the plaintiffs. after due
cDLslJcratlou.
1t is hereby ordered, that the plaintiffs
eT-ruto 4 good and sufficient bond
! il the sum of $4,000, running to
the said defendant, Nr-el, ind-rnnfyirg
said NCgcl for all c.-t-, charges or dam
aGea by reasOc thereof, the su7eties
thereon to be residents aud free holders
Of the county rf Ca5caIe, such bond to