The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-06
AS BUSY AS A MAILER.
Judge Mediation Handa Down a Num-
Der of Decisions.

|
| Der of Decisions.
BUTTE, Jan. 5.-Judge Mediation to-da
handed down a numbSr sf decisions, som
OF them of considerable Importance.
the suit of Ii. J.. Frank against j. II
Steele, an action for damages n demurre
to the complaint was sustained. Steel
some time ago sued Frank for rent. al
legged to be due on the Clarendon hous
property. An attachment was levied OF
| MIR. Franks wholesale business. Mr.
Frank said the attachment was malicious
and that it injured his business and bust
ness reputation, and that agents of east
ern commercial agencies telegraphed the
Tact OF the attachment, resulting in g
damage to mis- credit. lie sued Steele fol
n considerable amount of damages.
The complaint was demurred to on the
ground that II did not state a cause of ac-
ton. In everything the demurrer Judge
Mediation SAID that the complaint stated
cause OF action SO far as nominal or ac-
tual damages were concerned, but de-
clded that Mr.. Frank could not recover
Tor damages he might claim to have sus-
tanned by reason of the alleged injury to
his reputation or business credit.
In the case of III. III. Zenor against Il. A..
Largely n demurrer to the amended COM
plant was sustained on the ground that
the facts alleged did not show that Mr..
Largey used threats and fraud in obtain
ing the deed to the mining property in
question. Zenor's complaint was that i'm
1888, by means of INSTRUMENTATION,
fraud and duress, Mr. Largely got him TO
deed hun n half interest to n valuable
mining claim and that the deed was given
without consideration. i he property is
alleged TO he worth 5000, and Zenor
asked to have the decd set aside and
Wnntn1 INDIGNANT
which the court said was inconsistent.
The plaintiff was granted 10 days TO file
an amended complaint
Another case of importance was that of
w. V. Lawlor against the Singer Sewing
Machine company for money claimed to
be due hun as agent. The company an
swered that they had a contract with Law
Tor and that he was paid IN full under its
provisions. Iawlor's attorney moved to
strike the allegations of a contract from
the answer on the ground that the COM
pany was foreign corporation and had
not compiled with the laws of the state in
respect to filing certificate with the Sec |
rotary of state and county clerk before |
doing business In the state.
Judge Mediation ruled that the state |
aw did not apply to a manufacturing |
company, and that the statute could not |
DC construed SO as To interfere with inter-
'tate commerce, such as the buyinp.
transporting and selling of sewing ma |
chimes or other manufactured articles,
md the motion to strike was, therefore,
,verruled.
In the case of p. j. Brophy against Elz-
lbeth Barry, wherein the money due on n
ire insurance policy was garnishced for a
lebt owed 10y the defendants husband.
Hrs. Barry moved to set aside the gar
IIshment on the ground that it belonged
% her as the head of the family, alleging
hat she was "a sole trader and did not live
iih her husband. All her allegations
ere denied by the plaintiff and the court
aid the case depended on a question OF
act which was To be determined on n
rial, and therefore ovcrruied the motion.
In tho old insurance cases of =. Gross
galnst various companies the court !
verruied the demurrer To the petition for
ltervcntlon OF MIR. Gordon and sustained
&c demurrer To the petition Of II. Caphn,
n attaching creditor.
a demurrer 10 the complaint in tho cose
Charles Quinn against Bernard Quinn
as oVerruled. The suit is one for DISCO |
Itlon of partnership, appointment of a
'ceiVer and Tor an accounting. The court
He'd that the complaint stated facts
lllclent 10 constitute a cause for action.
ne defendant was granted p days to
lswer.
The suit of John A. Cannon against
'coD Schwenck, which was tried several
eeks ago, was to-day decided i'm favor of
e plalntiu. The suit was on a uOte for |
w, given in part payment of an interest
mining lease. The defense was that
@ note was without consideration and
Id been received through fraud and
rough misrepresentation as To the con-
non OF the leased mine. The court de-
lee That the evidence was not sufficient
make out n lack of consideration.
demurrer to the petition for interview
IN IN the case of Gasscrt against Steele.
other SUIT over the Clarendon house |
operty, was submitted on briefs.
Judge Mediation ordered a decree of |
iorce entered IN favor of Annie NJ |
cord and against Albert Record, and
'arding TO her the custody of the chill
IN.
The plaintiff testified before n referee
~ she was 30 years of age aud was mar
q To the defendant in Harrison county.
D., Dec. 81, 1870, and that there were four !
ing children who are now IN her GUS
~. For 10 years she entirely provided =
them. Tho defendant contributed I.
ihlng 10 the support of the family. I =,
'ugh he was employed and ablc To do W
In October and November, l>HS. he . c.
catcncd 20 Kill his wife aud accused W
OF un hastily, and hy reason OF his =
Iel treatment she could no longer 1.-Two ~
b hum. Other witnesses also testified ~
10 the worthless character of the de- n.
4ant and his cruel treatment Of his s.,
TIC oil suits Tor cioctmcnt anil On
images 81 James s.. Murray astru-r trt,
Get Hallway company were to-day "a .~- o.
'~ri ON motion of cuuu-v. Tor She rIa..- j
b each side to paw lt- own costs. The
IONS wore tuH result uf doubt as rr
D owned tll streets OF Butte lu certain