The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-05
In SUPREME COURT
SIX OPINIONS ON APPEAL FROM
JUDGE M'HATTON.
The Cases of the State VS.. Owsley ct al
and the Old Boyce Suit Are
the Principal Ones.
Special Dispatch to the Standard.

Special Dispatch to the Standard.
Helena, Nov. 4-The supreme court to-
day handed down six opinions, all being
appeals from Judge McHatton's court at
Butte. They are as follows: State VS..
William Owsley ct al, appellant. The
defendant in November, 1891, refused to
make a return to the county assessor OF
the names of all the men in their employ
as required by law Suit was brought
against the plaintiff and judgment OBJ
tanned for $500, the statutory penalty for
such refusal and SOL IS interest and costs.
The supreme court affirms the judgment
except as to the charge for interest. The
judgment is modified so as to remit the
interest charged to the defendant. Opin-
ion by Justice Hunt.
William j. Clark, appellant VS.. the
county commissioners of Silver Bow
county, respondent. The plaintiff was
elected clerk of the court when the state
was admitted into the union in 1891. Dur
ing his term of office the legislature re-
duced the clerk of courts salary allowed
by the law in existance at the time the
plaintiff took office. Mr.. Clark brought
suit to recover the balance of salary
which he alleded was due him. The ques-
ton involved was whether the act of 1891
was constitutional as to the office OF
clerk of courts. The court held that the
law was constitutional and the supreme
court affirmed the Judgment Opinion by
Chief Justice Pemberton.
The John V. 'Farwell company, respon-
dent vs. the First National bank at Butte,
ct al appellants; from Silver Bow county.
James r. Boyce, jr., & Co. of Butte, as
signed TO the First National bank, but
afterwards the assignment was with
drawn and the bank brought suit against
the Boyce company on a 100000 note, at
taching the stock in possession of the
company The respondent brought suit
on replevin to recover the goods, alleging
that Boyce & Co. had obtained them
through false representations made to the
commercial agent in regard to their hnan-
cial standing. The plaintiff obtained
Judgment. The court denied the motion
for a new trial and from this order an
appeal was taken. The supreme court
says that the firm, through Boyce, made
a INSTRUMENTATION of facts which Boyce
knew to be false, and which statement
respondent relied upon in selling the
goods. The court is of the opinion that
the evidence as to the false representa-
lions is sufficient to sustain the decision
of the district court. The order of the
lower court is affirmed. Opinion by JUS
tice Dewitt
The cases of the Ganst Shelton Hat
company, respondents, VS.. ]. r. Boyce
& CO., ct al, and John and James Dobson
VS. James r. Boyce & Co. are similar to
the one above and the opinion by Justice
Dewitt applies to them.
S. NJ Nixon, respondent, VS.. the Culling
Fruit Packing company, appellant. This
was an action on an account. The plain
tiff received a verdict, and judgment was
rendered in his favor. From this the de-
PENDANT appealed on account of errors of
law. The judgment is reversed. Opinion
by Chief Justice Pemberton.
H. II. Eccleston, appellant. VS.. o. N.
Hetting, ct al, respondent. This was an
action to foreclose a mechanics lien.
The Butte, Anaconda & Pacific railway
demurred from the complaint and was
sustained. The plaintiff appealed. The
supreme court reverses the judgment and
directs the lower court to overrule the
demurrer Opinion by Justice Dewitt.