The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-15
IN THE DISTRICT COURT
Peter Debernardi Begins An Ac-
ton Against Schonsberg
FOR MALICIOUS ARREST
Was Imprisoned and Held Two Days.
He Wants Damages = Catherine
Niedenholen Files Her obiec-
jections An Appeal.

jections-An Appeal.
Peter Debernardi yesterday COM
menced an action in the district court
against Peter Schonsberg for damages
for an alleged malicious arrest and inn
prisonment The complaint in the case
alleges that on the Sth of last October
Schonsberg appeared before Justice
Marsland of WalkerNille and charged
Debernardi with being about to depart
from the state with the intention of de-
frauding his creditors. lie made an af-
fldavit 10 that fact and thereby pro-
cured warrant for the arrest and inn
prisonment of the plaintiff. and he was
detained in prison for two days 1t is al
legged that Schonsherg well knew that
the matters stated in his affidavit We're
false and untrue and that there was no
proba BILE cause for the arrest and inn
priscnment of the plaintiff. 1t is fur
Their alleged that the defendant. in pro-
curing the arrest and Imprisonment of
the plaintiff, acted unlawfully and ma
liciously and with the intent and for
the purpose of injuring and depressing
the plaintiff. The latter was compelled
to employ AN attorney and pay him SIS
to secure his release from prison. Deber-
nardi says that prior to the time of
his arrest he had received news of his
brothers death and had made arrange
ments to depart Immediately to be pres
ent at and attend the funeral and
burial but by reason OF his arrest he
was detained until the time had passed
for the funeral. The defendant well
knew the facts and for the express pur-
pos of OBTAINING the plaintiff and pre-
venting him from attending his broth
er's funeral the defendant caused his
arrest and Imprisonment. and put him
to great distress of body and mind. He
therefore demands Judgment for the $25
paid to his attorney, $500 for actual
damages and $500 more for the oppres-
sive. fraudulent and malicious acts Of
the defendant. John Bloor and Ber-
nard Noon are attorneys for the plant
if.
Catherine Niedenhofen, mother Of H.
\. Niedenhofen, deceased, yesterday
filed in court her objections to the ac-
count and report of May Niedenhofen.
widow of the deceased and adminiStra-
triX Of the estate. The first objection is
to an item of James a. Talbot for
$973.50, allowed by the administrative
for the reason that it is not a proper
claim against the estate, being money
advanced to the widow after the death
of Mr.. Niedenhofen. If ii is a proper
claim at all it should be passed upon by
the court as expenses OF administration
and should be itemi2ed as required by
law. An objection is made to the report
relative TO certain claims which the adj
ministratrix says she has been unable
to collect for the reason that the report
IN that respect is uncertain. An objec-
ton is made to another item in the re-
port for the same reason An objection
is also made to setting aside tot of
personal property, including jewelry
an in 4l4.a
cause it is not necessary for her support
and is not property exempt by law from
execution. and should be added To the
assets of the estate. II is stated that
the administrators has received as fees
S663.I0 and 81 100 as allowance for her
support or maintenance for IL months.
The last objection is made 70 the at
torneys fees claimed by the adminfstra-
trixs attorney.
Job J. Gamblers yesterday served no
tice on William Lowry, David ID. Nc
Iaughlin, William Il. Hamilton and
Donald ellis that he appeals to the SUI
preme court from the order made by
Judge Lindsay in favor of the defend
ants refusing to grant an injunction in
the Gamblers mining case, pending the
determination of the suit, and dissoly-
ing the temporary restraining order
heretofore issued.
] Judge Clancy held short session OF
tbe sat tin.r ~ tha ,,,,,4a,. -,
I Rantiete nre pantts,f, - .,,,sa
and did naf ,xeen nd 49,, fa,. - -, e..
time '.'s''' - stie ~ .
s. +. Fitchett Yesterday commenced
an action for damages against Mrs. X
d. Tam, John Finnegan, W. H. Mix and
CYRUS Synons. In his comnlainf he Il.
leges that on Feb d LAST Ms gra+n