The Anaconda standard., 1895-12-30
FOR WRIT OF REVIEW
Under the New Codes Mr.. Reese's
Wages Were Garnisheed.
THE PETITIONER OBJECTS
A Sad Case OF Mental Deranse-
ment-E. T. Stoughton Has Been
AdJudged Insane and Sent
to the Asylum.
speclal correspondeace Of the STANDARD.

Deer Lodge, Dec. IA petition was
fled in the district court yesterday for a
writ of review from the justice court OF
F. NJ. Fox of the city of Anaconda In the
suit OF j. c. Kelly and Charles Queen
against L. l.. Reese. An order was
signed and the writ issued directing Jus
tice Fox to certify TO the district court
all proceedings by him In the above
cause.
The petition recites that in a certain
action pending in the Justice court of II.
NJ. Fox, wherein j. c. Kelly and Charles
Queen are plaintiffs and L. L. Reese Is
defendant and petitioner. that a judgment
was obtained in said court In the above
cause against the petitioner on the 17th
day of December. 1895, for the sum Of
s92. 40; that on about the 9th day OF
December, 1895, a writ of attachment was
issued out OF said court by virtue OF
which certain moneys due the petitioner
by the Tuttle Manufacturing g. Supply
company for wages earned within 30 days
Immediately preceding the levying OF said
writ were garnisheed; that thereafter in
said court and cause a writ OF execution
was issued on the 18th day OF December.
1895, served upon the said Tuttle Manu-
featuring & Supply company. whereby
and by virtue of which the wages due the
petitioner from the said Tuttle company
were garnisheed; that at the time of the
levying of the writ of attachment and the
writ of execution the money so gar
nisheed in the hands of the Tuttle COM
pany. and due to the petitioner. were for
moneys earned within 30 days Immediate
ly preceding the levying of each Of said
writs: that such moneys were for the
personal earnings of the petitioner and
were necessary for the support of petit
toner's family, residing in Montana;
that on or about the 10th day of Decem-
Der. 1895. the petitioner executed and
served upon J. NJ Pickel. the officer Of
said court executing the writs, affida-
Wit of exemption, claiming moneys due
him from the said Tuttle Manufacturing
& Supply company were exempt from at
tachment or execution, a copy Of which
said affidavit and claim was served upon
the said constable. J. NJ. Pickel on the
1lth day of December. 1895; that on the
26th day of December. 1895, the petitioner
executed and served an affidavit and
claim of exemption OF the amount due
him from the said Tuttle company, as be-
ing exempt from execution and judgment
and served the same on the said ]. NJ
Pickel. constable; also upon F. NJ. Fox
justice of the peace, and George b. Win
ston, attorney for the plaintiffs in the
above cause. on Dec. 26. 1895: that on. the
23d day of December. 1895. the said F. NJ.
Fox. justice of the peace, issued an order
| directed to J. A. Dunlap, manager of the
retail department of the Tuttle company,
ordering said Dunlap to be and appear
| before the said F. NJ. Fox, justice on the
| 26th day of December, 1895, at 10 o'clock
a. m. of said date. TO answer concerning
what property the said Tuttle company
had in its possession belonging to the de-
| fendant: that the said F. NJ Fox, the
said justice. has exceeded the Jurisdiction
| of his court in rendering and making GER
tain orders in relation 20 the said moneys
| claimed as exempt. and requiring the
| Tuttle company, through Its manager J.
| A Dunlap. to pay said moneys into his
court in satisfaction of the judgment;
that there is no appeal in said cause in
said court for the petitioner. nor has he
any other plain. speedy or adequate REM
edy to secure his rights except by a writ
| Of review issued by the honorable court
and directed to the said F. NJ. Fox, Jus
| tice. to certify all the records and his do
| ings in the cause before the court for re-
view.
Attorney ]. r. Boarman represents the
petitioner in his application for the writ
| Z. T. Stoughton has been adjudged in
| sane by a jury commission composed of
| Judge Brantly and Drs. Cranson and Ow-
/ ings. His case Is somewhat peculiar as
| he has always enjoyed the best of health
| up to a few months ago. The examina-
| tion brought out the fact that his mental
arrangement was largely due to too close
| application to his study of John Stuart
| Mills work on logic. which was given
| him TO read by a friend. He Is a native
| of New York. and came to Deer Lodge
from Oregon 10 years ago and has been
engaged in mining all the time. He was
i taken q Warm SnrfnQs