The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-02-19
IN THE SUPREME COURT.
Several Important Decisions Handed
Down Yesterday.

Down Yesterday.
special Dispatch to the Standard.
HELENA. Feb. 1S.-An important decis-
ion IN the Davis will case was rendered
by the supreme court this morning.
When A. J. DAVIS will was offered for
probate two protests were filed, one by
Henry A. Root and the other by Harriet
Sheffield and Henry Davis. These two
sets of contestants did not pool issues
and the Root contest was set first. After
disagreement both contests were set for
trial on the same day, when the parties to
the Root case obtained a continuance the
Sheffield people had been relying on the
Root case and we're utterly unprepared
for trial. The district court of Silver Bow
county denied motion for the reinstate-
ment of the case and the appeal was taken
on this decision.
The supreme court decided that the
neglect of the appellants to prepare for
trial was excusable under the circum-
stances and that they were entitled to
their day in court. The decision Of the
district court was reversed. Opinion by
Hunt.
Frank r. Miles, plaintiff and appellant,
VS.. Charles Dudley ct. al. Plaintiff ac-
cused defendants of wrongfully diverting
water from his ranch in Silver Bow
county, on Willow creek. In making his
case plaintiff simply brought an ordinary
common law action for damages. He
failed to establish joint damages in the
| case. and the supreme court held that his
| remedy lay in different form of action.
| The decision of the lower court was, ac-
cordingly, confirmed. Opinion by Penn
| berton.
John L. Mercer, receiver of the First
National bank of Livingston, petitioner
and appellant VS.. Henry w. Dyer, treas
urer of Park county, defendant and ap-
pellant. The bank went into liquidation
| and n receiver was appointed, the bank
held county funds on deposit and also a
| large amount of county warrants that 1t
had purchased. When funds were on
hand IN the county treasurer's Office tho
receiver of the bank presented tho war
rants and demanded payment. The
| county treasurer refused but offered to
offset the warrants against the money due
! from the bank. The receiver applied for
a mandamus and it was denied and APP
peal was taken. The supreme court
affirmed the judgment of the
lower court. Opinion by Pemberton.
The case of the state of Montana OK. rel.
the Independent District Messenger &
G.. A. Lauzler, relators, VS.. tho Second
judicial district court of the state of Mon.
tana in and for the county of Silver Bow
and the judges presiding writ of GER
tiorari directed to the district court TO re
view its action in appointing n receiver Of
the properties of two of the relators viz
Independent Telegraph company and the
Citizens District Messenger q Burglar
Alarm Telegraph company, it being
claimed by the relator that the district
court acted in the matter without juris
diction. Upon the appointment of a re
ceiver G.. A. Lauzier made an appeal upon
behalf of himself and also for the two
telegraph companies asking for a writ oi
certiorari to review the action of the cour
in appointing a receiver on the ground
that the district court had no jurisdiction
to make the application. Opinion by De
| Witt.
In the case of Bach, Cory & Co., re
spondents, VS.. Montana Lumber & Pro
duce company, appellant, the supreme
court reversed the decision of the lowel
court. Opinion by Dewitt.
The case of Peter A. Martin. plaintiff
and appellant, VS.. Narcisse DeLodge, de
fendant and respondent, is an action fol
money loaned and goods sold and deliv.
cred. Default judgment entered agains
defendant. Defendant moved to set asid,
the default on the ground of excusabl,
neglect and the court granted tho de
fendant's motion, whereon the plaintiff
appealed. The supreme court reversed
the order setting aside the default. Opin.
ion by Associate Justice Hunt.