The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-29
NEW TRIAL IS ASKED
Defense in the B. & B.-Lexington
Case Serves Notice.
THE ARGUMENT IN COURT
Judge Mediation Fixes the Bond
at $4,000 With Sureties, and
Signs the Order-An-
other suit.

Counsel for defendant in the case of
the Butte & Boston against the Lexing-
ton Mining company yesterday fled a no
ttce OF motion for a new trial and to set
aside the general and special verdict and
all of the special findings of the Jury.
The motion for a new trial is based, first.
on insufficiency of the evidence to Justify
the general and special verdict and the
findings OF fact and that the same are
against law; second. errors of law occur
ring at the trial and excepted to by the
defendant. The Motion will be made on
bill of exceptions and a statement of
the case to be hereafter prepared.
The question of a stay of execution
pending the disposition OF the motion for
a new trial was discussed by the court
and Judge Mediation said he had exam
ined the codes in reference to the matter
and IL was provided that a stay could be
granted on Such terms as the court might
deem just. The difficulty, he said. i'm
fixing the bond arose from the lack of
information as to the conditions existing
or what might occur during the pen-
dency OF the motion for a new trial. So
far as the courts knowledge is concern
ed the defendants property is all In Sill
yer Bow county, but the contingencies TO
De covered by the stay bond may be quite
numerous. One of the circumstances that
might arise during the tendency of the
mouoh is that the defendant might dis
pose OF Its personal property, which is
not subject to the judgment lien. SO far
as the enforcement of an execution
against the real estate is concerned there
IL no doubt about II. Another contingent
10 De guarded against is possible execu-
lions that might be levied on the de-
PENDANTS property in other cases. The
purpose TO be served by a stay bond is
10 save the plaintiff harmless so that IL
fnr
De overruled the plaintiff would be in the
same position to enforce its Judgment as ]
IL was before the stay was granted. The-
Judge suggested bond OF $50 600 with a r.
least two good sureties. whereupon Judge
DIXON drew up the following order which
was signed by the court:
by consent OF parties II is this day Or
dered by the court that defendant have
81 days additional time in addition TO the
10 days allowed by law from this date 10 .
prepare and serve bills of exception and
statement on motion for a new trial. de-
notice of motion for a new
trial having been this day served and
iieu IN this court. IL Is further and
separately ordered by the court that ex- (
scution snail be stayed herein until de- !
motion for a new trial is dis /
posed by this court, upon the defendants |
executing TO the plaintiff a bond in the |
penal sum of $4,000 with at least two |
'ureties, conditioned that IL said notice |
or a new trial shall be overruled and
ienied by this court. and the defendant
man not appeal therefrom, or IL IT shall
appeal therefrom and the order denying
new trial shall be affirmed by the su-
'reme court Of this state the defendant |
VIII pay to II any and all damages which |
I may sustain by reason of said motion |
having been made or by the delay and |
itay OF execution occasioned thereby and |
~ the order staying execution"
The case Will probably be i'm the courts /
or several years yet. as IT will be taken |
o the supreme court
An acuon was commenced in Justice AL |
mons court yesterday against IN. Ley
ngton company by John Hamilton for
SS.,S' claimed to be due for work done
n the mine.