The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-05-25
OPINIONS RENDERED
Several Important Cases Decided by
The Supreme Court
ABSTRACT OF THE RULINGS
Justice Bush Holds That a District
Clerk Cannot Certify to Evil
dence Under Certain Well
Defined Conditions.

Special Dispatch to the Standard.
Helena. May 2t.-The supreme court
returned opinions to-day In the follow
ing appeals: Anna Collier VS.. John
Fitzpatrick. sheriff OF Deer Lodge coun-
ty. This was a suit In replevin brought
again the sheriff of Deer Lodge county
for the return of certain personal prop
erty, or for value OF the property and
damages. Verdict was found for the
defendant. The plaintiff appeals. The
contention that the evidence was In
sufficient to Justify the verdict, Is held
To be untenable In an opinion by the
court. so far as II affects all property
described In the complaint, with the ex-
ception of one black horse and one
brown mare. The case is remanded
with directions to grant new trial
upon the issue OF the ownership OF the
horses alleged to have been sold to the
plaintiff. In other respects the judg-
ment is affirmed.
Ellen Jennings. Administrative OF the
estate OF Solomon Jennings. deceased.
vs.. Robert German. The plaintiff
brought this suit I'm ejectment TO re-
cover possession OF a certain tract OF
land In Silver Bow county. The de-
fendant claimed adverse possession for
Ave years preceding commencement OF
this suit. and for an equitable defense
pleaded purchase. but that absorption
OF the premises had been omitted from
the deed. and prayed for reformation OF
the deed. The equitable issues weretried
by the court, which found for the
plaintiff. Issues OF adverse possession
and statute Of limitations were tried
before a jury and a verdict found for
the defendant. Plaintiff appeals. In
an opinion by Justice Hunt the judg-
ment Is reversed and the cause re-
manded.
Rumney Cattle company VS.. Detroit
Montana Cattle company. This WAS
a motion 10 strike from the record tho
answer and certain afiidavits on tho
ground that there was no identification
Of these papers: that they were used on
a motion To set aside the default and
Judgment had In a suit against the De-
troit n Montana Cattle company. The
motion IL granted and the rule laid
down that clerk OF n district court
cannot certify to evidence. oral or writ
ten. as having been before the court
or as having been the only evidence be-
fort IL on the hearing of n motion for an
order after final judgment. This Is
the law" says the supreme court. I'm
der the code of civil procedure OF 1895.
III the case of Bookwalter VS.. Conrad,
II Montana, 81, and the previous Mon
tana cases cited therein as authority.
conflict with this rule they must give
way To H." opinion by Justice Buck.
Sarah NJ. Watterson VS.. Il. l.. Bonner
company and John w. Nelson. sheriff
Of Deer Lodge county. Plalntiff' hus-
band located In 1880 on certain surveyed
l.l IA. nd la \ ..la
erected a cabin and fenced In a portion
OF land. In 1894 watterson executed u
chattel mortgage on buildings and i'm
provements ON this land To r.. l.. Bon
ner company. In which the plaintiff did
not join. Watterson thereafter DESERT
ed his family. and about the time Of
commencement of this suit plaintifr
filed on the land as a homestead. This
suit was brought by Sarah Watterson to
enjoin defendants from foreclosing the
chattel mortgage mentioned. The lower
court found for plaintiff. Motion for
new trial having been overruled. the
defendants appeal. Judgment affirmed.
Thomas O'Rouke. executor of ID. l..
Harris. deceased, VS.. Butte lodge M.
II. l. q. q. T.. ct al. In 1891 the defend
ant Butte lodge No. n, I. q. q. T., en-
tered into contract with n firm of
builders by the name of Joyner Broth
ers for the erection OF a brick building
In Butte. Joyner Hrothers sub-let the
contract for the brick To- one King.
King thereafter gave a chattel mort
gage on his brickyard to one Harris
Harris later on took possession of the
yard and delivered the brick under the
King contract. In September. 1891,
suit was begun by A. A. Mcmillan and
others against King by attachment,
and the Joyner Brothers and the de-
fendant lodge were garnisheed and all
amounts due King were attached. The
jury found for the defendant lodge. but
the court set aside the finding and
made findings OF it's own in favor of the
plaintiff. Appeal is from the order re-
fusing a new trial and from the judg-
ment. Pemberton affirms the action OF
the district court and holds this pro-
ceedng tn foreclose a lien against the
building being an equitable one In its
character. the court had authority to
set aside findings Of the jury, II the
findings and verdict were not author
lied by the evidence.
James III. Lynch vs.. Isaac Bechtel.
Plaintiff sued the defendant Bechtel In
the district court OF Silver Bow county
for rent on a lease entered into for fivs
years Of "A building In Butte. The de-
fendant refused to take the building,
claiming that certain conditions in the
agreement had not been complied with
by plaintiff. The district court found
for the plaintiff. The supreme court.
by Buck, affirms the finding OF the