The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-14
FIVE NEW OPINIONS
Conclusions Arrived at By the Su-
prems Court Last Week.
STATUTE OF LIMITATIONS
New Trial for Crisweli vs.. the M on
tana entral-ks to Contribu-
tions to Capital Bank Stock
News From Helena.

Special Dispatch to the Standard.
Helena, April 13-The supreme court
returned five opinions to-day, as fol-
lows: John Berkin, appellant. VS.. Hen
ry Marsh ct al, respondents; from
Jefferson county. Marsh had been
guardian of Valentine Thuma, of whose
estate Berkin was appointed admins
traitor. Berkin brought suit against
Marsh and his bondsmen to recover
ss,5S5.5S. which he claimed was due the
estate from him. The defendants de-
INJURED on the ground that action was
barred by the statute of limitations.
The demurrer was sustained, and Ber-
kin appealed. The supreme court says
the statute of limitations applied as to
bondsmen, but not to Marsh, as guar
dian. Judgment of the lower court, as
to the bondsmen. is affirmed. but re-
versed, as to Marsh, and remanded.
Opinion by Justice Dewitt.
r. M. Whitefoot, respondent. VS.. Ma
tional Fraternity Building & Loan as
ISOLATION, appellants; from Gallatin
county. Whitefoot sued the defendant
for $29S.62, the amount of the money he
subscribed to its stock and afterwards
demanded of the company by him. The
defendants demurrer was overruled
and judgment entered for the plaintiff.
Judgment is reversed and the case re-
manded with the direction to sustain
the demurrer. Opinion by Associate
Justice Dewitt.
Charles G. Crisswell, respondent. VS..
Montana Central Railroad company,
appellants; from Cascade county. Plain
tiff was injured by an accident and OBJ
tanned judgment against the company
for $500. The company appealed and
the supreme court affirmed the judg-
ment. Subsequently the case was al
lowed to come up again for rehearing,
y axytr 1A1 Ixvt h. @fx.fr 81
the chief justice that section 697 of the
compiled statutes of 1887. fifth division,
modified the common law rule in regard
to the liability of railroad companies to
their servants for the negligence of SER
wants of the higher grade. This point
was not argued on the original finding.
The supreme court holds that the stat
ute was inconsistent with the constitu-
tion and was therefore annulled by the
adoption of the constitution. The judg-
ment of the supreme court affirming
the judgment of the district court is set
aside and the case is remanded with di-
rections to grant a new trial. Opinion
by Associate Justice Hunt.
Thomas Hunter, respondent, VS.. ]. II.
Conrad and S. c. Hunter, appellants;
from Park county. This was on an ac-
ton of a promissory note for $1,000. It
was alleged by the defendants, who
conduct a banking business in Red
Lodge, that the note was given by the
plaintiff to gain partnership interest
in the bank and was a contribution to
the capital stock. The bank failed and
the plaintiff brought suit, recovering a
general verdict. The supreme court
holds that the transaction was loan
and not a mere contribution to the cap
ital stock. The judgment and order
appealed from are affirmed. opinion by
Chief Justice Pemberton.
The Red Mountain Consolidated Min
ing company. respondent, VS.. Alfred NJ.
Essler, appellant; from Lewis and
Clarke county In the district court the
plaintiff, which is owner of the major
fractional interest in certain mining
temporary injunction restraining the
defendant from working the mines.
The supreme court affirms the order of
the district court.
Hugo Schepfer of East Helena spent
a little of his leisure time yesterday af-
ternoon in beating his wife. Justice S.
It. Ramsey to-day sentenced him to
three months in the county jail and to
pay a fine of $3.50. 1t was Schepfer's sec
ond offense.
The capitol building commission met
in Helena to-day, all the members be-
ing present 1t was decided to hold
conference tomorrow with local bank
ers regarding the financial difficulties
that beset the board. The commission
ers are seeking some way to dispose of
the warrants for cash, and until that
is done building operations cannot be
commenced. Architects all over the
| country are taking interest in the
plans, about 400 asking for instructions
| and about conditions governing the
| awarding of the prizes.