The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-02-20
LAW AND ITS BUBBLES
Yesterday Was a Busy Day In the
District Court.
AS TO THE DAVIS ESTATE
Appeals Allowed, others Taken,
Decisions Rendered and a Heap
OF Differences Adjusted Ac-
cording to the Statutes.

BUTTE, Feb. 19.-The decision of the SUI
preme court IN the Davis estate again
opens the probability of new trial OF the
WI contest. The reports of yesterdays
important decision did not state all the
facts in the case. In all proceedings in
the contest so far the contestants repre-
scented by Henry A. Root have borne all
expenses, and tn Q other branch of con-
testants, headed by Harriet Sheffield,
held OF, refused to pool issues with the
others and expected to reap their share of
Dement'S in the event that the will was
successfully contested and without the
expenditure of great deal of money. 1t
Is generally understood that the Root
contestants decided to compel the Shelf
Held people to show their hands, and
therefore agreed with the proponents of
the will for an indefinite postponement of
the trial of their contest. The Sheffield con-
test was set for trial on the same day and
was called Immediately after the Root
contest was continued by agreement and
they were taken utterly and completely
by surprise. None of the contestants
were present, and the only attorney on
hand was John w. Cotter, who had been
requested to represent Sheffield. Mr..
Cotier asked for a continuance, which
Root contestants and Judge Mediation re-
fused it. Mr.. Cotter then asked permits
sion to dismiss the contest without preiu-
dice, which would not have been a bar to
a future action, but that privilege was
also denied him and then he withdrew
from the case. There was then n one to
represent Sheffield and the court dis
missed the contest. Afterwards a motion
was made TO reinstate it on the ground of
eXcusable neglect. but the motion was
overruled and the case went to the SUI
preme court, resulting in a reversal and
order for reinstatement Of the contest.
The other decision of the supreme court,
In the Messenger company receivership
case, is an emphatic endorsement of
Judge Speer's view of the law, though il
1aiis to establish the precedent hoped for
In case almost identical, wherein Will
lam Thompson asked forfhe appointment
OF receiver for the Miners Lumber COM
pany, several years ago, Judge Mediation
ruled directly contrary TO the ruling made
10y Judge Speer and held that the remedy
of the minority stockholders was. to sell
out and draw out of the company if they
did not like the methods of the m q iority.
An appeal was taken to the supreme
court in that Use, but the court had the
matter under Amusement so long that the
parties to the suit settled their diffic ulties
before decision was handed down. IL
was hoped that the Messenger company
suit would decide the point left undecided
IN me Miners Lumber company case as
10 the right of a court of equity to appoint
q receiver for corporation on the petit
ton OF the minority stockholders. The
decision, however, only goes to the ques-
ton of fact in the particular case and
does not touch the general grounds raised
except as 10 the allegation of fraud upon
which latter ground the appointment of
the receiver was justified.
In the district court to-day n Judgment
by default for 1922 and SIPS attorney fee
was awarded b. M. Richards. against the |
Ophlr Mining company.
In the case of Robert Greasley against |
Con c. Lowney judgment, by consent, |
was given the plaintiff for $3.50 and |
costs.
The suit of James Waller against Fred |
ericka Whitford had been set for trial |
to-day, but the death of the defendant was |
suggested and the setting of the case |
vacated and the admid strator of the |
estate substituted as defendant.
Public Administrator Jameson to-day |
petitioned for letters of administration on |
the estate of John Mcleod, the man who |
was killed in a mine a few days ago. |
Noticesof the application were ordered |
posted.
notice of appeal TO the supreme court
from the order to pay alimony in the
Schmalhausen case was filed to-day.
A notice of appeal was also filed by the
plaintiff in the damage suit of Mary Evans
against the city of Butte. The appeal is
taken from an order of nonsuit which was
entered because the plaintiff had not pre-
sented her claim to the city before suing.
A suit of the Columbia. Building & Loan
association against Nj. E. Hoichkiss for
s75, alleged to be due as rent, was to-day
to the district court from
Judge Naughten's court because it in
volved the title TO some real estate.
The defendant in the case of Josephnes
Lorenzo against Steve Parker to-day filed
4 transcript in an appeal to the district
court from the judgement of Justice
allowing the defendant S54 for
-ent.
The Northwestern Wire Mattress COM
Dany to-day brought suit for S4955 against
he Chauvin-Fant company, and another
attachment was issued.
The sheriff to-day levied an attachment
IN the household goods of the Humm
amily in suit for $l60 claimed to be
lue on goods sold and delivered to Mrs.
1umm, prior to her marriage to the man
yho is now held responsible for the debt
md from whom she is now seeking a
iivorce.