The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-26

Andrew Anderson ct al, appellants
from Silver Bow county. This IL a
action OF ejectment. The plaintiff
claims. by virtue OF q United Statel
patent issued to his grantors on Jan
81. 1888. the Hesperus lode claim Tn.
action was commenced Oct. z. 1892
Upon trial the plaintiff introduced ir
evidence patent from the United
States and mesne conveyance from the
patentses to himself and a judgment
was rendered Dec. 20. 1887. In the case
or the United States against the pat
entees OF the Hesperus. which Judg-
ment set aside and cancelled the He's
perus patent upon the ground OF fraud
In obtaining the same. The defendants
offered to prove facts constituting IN
adverse possession. This adverse pos
session being for time longer than
the period Of statute of limitations as
to real estate. and commencing after
the issuance of the patent to the plafnt-
iffs' grantors. the lower court exclud-
ed this testimony as to adverse Dos
session The supreme court says that
this testimony should have been al
lowed The court is of the opinion
that the plaintiff cannot avail himself
in this action OF what ne claimed to
be In interruption OF the running Of
statute of limita lions in favor OF the
defendants. Judgment is reversed and
new trial Is ordered. Opinion by
Justice Dewitt.
George H. Casey. respondent, VS.. An
drew Anderson ct al. appellants; from
silver Bow county. On the authority
OF Casey vs. Anderson, just decided,
Judgment is reversed and a new trial
10 ordered.
Peter Wastl VS.. the Montana Union:
from Silver Bow county. Wastl recov-
cred judgment against the company
as damages Dor personal injuries re-
ceived while working under orders OF
a hostler who ran over him with a To-
comotive in the Butte yards. The
plaintiff alleged negligence on the
part Of the hostler. claiming that as the
hostler was his superior servant, the
company thereby became liable. In the
case the lower court instructed the
jury that where two witnesses swear
to one state OF facts and five or six
witnesses OF equal credibflity testify to
a different state of facts, the weight
or preponderance of evidence is deter
mined by the number. The court also,
In instructing the jury. designated
three witnesses by name who testified
for the defendant from among many
Others who were on the stand, and told
the jury that IL It believed these three
witnesses testified falsely as to any
material matter they might disregard
their whole testimony The supreme
court holds that the giving of these
instructions was an error, and on fs1ees
grounds judgment is reversed and the
case remanded for new trial. Opinion
by Chief Justice Pemberton.
George r. Safely, respondent, VS..
Whit Caldwell. sheriff. intervenor and
appellant: from Gallatin county. The
plaintiff. Safely. secured judgment by
default against the sheriff for money
collected by him on a judgment. De-
fault was entered June s, 1895. On
June B. E. Vail made application to
Intervene. A demurrer was sustained
and judgment entered for plaintiff,
Safely. The intervenor appealed. The
supreme court Is of the opinion that
the intervenor did not intervene In
time. The judgment is affirmed.
Opinion by Justice Dewitt.
William Mates VS.. Christian Mss
Ter ct al: from Silver Bow county.
This was suit in partition, involving
and near Butte. The judgment of the
ower court is affirmed. Opinion by
Chief Justice Pemberton.
Aldritt & Copple. appellants. VS..
Maud X. and Samuel Panton ct al,
from Gallatin county.
rhe judgment of the lower court in
denying a lien and judgment In favor
IF the Pioneer Building & Loan as
is affirmed; the judgment in
'avor of r. d. Noe is reversed and a
lew trial ordered. Opinion by Justice |
Dewitt.
r. c. Chambers ct al. respondents, |
rs. r. S. Jones ct al. appellants; from |
Silver Bow county. The judgment is |
Iffirmed. Opinion by Justice Dewitt. |
Annie Ryan ct al. respondents, VS.. |
dsyey. appellant; from Gallatin coun- |
y. The judgment regarding taxes Of |
'osts is reversed and the case remand |
"a. Opinion by Justice Dewitt