The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-18
IN THE DISTRICT COURT
Jurisdiction of Justice of the
Peace Marsland.
HIS ORDER WAS ANNULLED
The Inheritance Tax Case Was Put Off
Until January 2o-The Hearing in
the Comanche Case Was
Continued Indefinitely.

A question involving the jurisdiction
of John Marsland a Walkervile justice
of the peace, was presented to Judge
Lindsay yesterday on the hearing of a
review of the proceedings of the justice
in case of one j. M. Latimer against
George A. Mcdonald. Latimer had
sued Mcdonald for s2S1.23 and the de-
PENDANT in that case made an appear
| ance and admitted an Indebtedness 10
Latimer in the sum of S7.91. which
amount he claimed to have rendered
Latimer preceding the commencement
of the suit against him, and thereafter
deposited the sum named with the jus
tice of the peace. A date was set for
the trial by Marsland and Mcdonald
appeared at the time set, but Latimer
did not show UP and the justice gave
judgment in favor of Latimer for $1.9l
the amount confessed by Mcdonald
About 30 days after the Judgment had
been given the justice of the peace, on
motion Of Latimer. set aside the judg-
ment and Mcdonald applied to the dis
tflct court for writ of review. The
matter was argued yesterday morning.
John w. Cotter representing Mcdonald
and Charles Madison the justice of the
peace. Judge Lindsay held that in set
ting aside the judgment formerly rem
dered by him the justice of the peace
exceeded his jurisdiction, and directed
that the order of the justice in setting
aside the judgment be annulied.
William NJ. Bowen, road manager of
the county, yesterday took an appeal to
the district court from the action of the
auditor and commissioners in reducing
| one of his monthly bills against the
county from $3.50 to SIPS.
The First National bank brought suit
against John T.. Black and Alice M.
MI
1886 paid in taxes and for a foreclosure
of mortgage on the Tom Haney quartz
lode claim.
In the suit of James Shackleton
against Mary A. lockwood and others
for the foreclosure of a lien on some
South Idaho street property, the
Schatzlein Paint company, one of the
defendants, yesterday filed an answer
and cross bill and also seeks to fore
| close a lien on the same property for
$191.55 and to secure judgment for 500
as attorneys fees.
Jacob Graf filed an answer yesterday
to the suit of Charles II. Nickel an ac-
ton for wages due various persons for
work done ON the Ruby mine and al
leges that some of the claims are barred
by the statute of limitations and that
on others there is not due as much as
sued for
Lawrence Abbott yesterday petitioned
the court for the probate of the will of
Dennis O'Brien, deceased.
Two important matters set for hear
ing before Judge Lindsay yesterday
were continued for various reasons.
The inheritance tax case over the es
tate of jeremiah b. Wilcox was put
off until Jan. 20, owing to the fact that
Judge Lindsay is going East for the
holidays on Monday and would be I'M
able to decide the important matter in
volved in the action before leaving.
The motions to adopt or reject the
jurys findings in the Comanche mining
case had also been set for hearing yes
terday, but owing TO the fact that Mr..
Baldwin, one of the plaintiffs attor-
neys. was engaged in the Moody muir
der case, the hearing was continued in
definitely.
In the case of Whiting & Alexander
against G. w. Beal, a default judgment
for SS7S.90 was entered in favor of the
plaintiff, and in the case of Whiting &
| Alexander against Henry J. Price,
judgment by default for S431.1S was Ell
tered.
The following matters are set for
hearing in Judge Lindsay's court to-
day.
At 10 a. m.-Estate of Andrew J. Da-
Wis. petition for partial distribution and
for delivery of real estate. estate of
Murphy minors, petition for letters;
| estate of John G. Shea, petition
for order of sale of personal property.
estate OIL ). w. hllIeen, settlement OF
account and objections; S. G. #. Cob
ban VS.. II. L. Frank, motion for judg
| ment on the pleadings; Bennett Bros
company vs.. George s. Congdon ct al,
| motion to retax costs; J. j. Lynch rs.
| Dan Tewey. demurrer; William Wilson
VS.. city of Walkeryille. motion TO make
| complaint more definite, Chester Steel
| Castings company VS.. Butte & Boston
| Mining company, motion for change of
| venue; James G. Hill VS.. James Cas-
| sidy ct al, demurrer of James and
| Charlotte Cassidy; James II. Lynch VS..
| Isaac Bechtel ct al, demurrer and mo-
| ltion to strike; J. j. York ct al. vs..
| Charles Bausman, motion for dismiss
| SAL III. Falk company vs.. John A.
| Stromberg, demurrer.
At p. m.-Estate of Emma G. Har~
| ris. petition for letters. estate of Mont
| gomery NJ Harris, petition for letters;
| estate of Thomas Rodgers, return of
| citation; estate Of p. d. Sullivan, re-
| turn of citation; estate of David Ster-
rift, petition for letters; estate of AL
| bert F. Nickel, petition for letters: es-
/ tate of Nickel minors, petition for let
| tiers: estate of Alex c. O'Brien, settle
| ment of account. estate of Andrew An
| dersan, settlement of account; estate
| of Francois A. Marchesseau, settlement
! of account: estate of H. A. Nieden-
hofen. settlement of account. state ex
/ rel. r. w. King ct al. Ns. j. II. Nc
! Carthy city treasurer. motion for a new
/ trial; Montana Power company vs.
| Mary Ann Ward. Administrative, ct al.
| demurrer of Mary Ann Ward r.dwin
/ Skinner vs.. John Mccormick motion
1 for severance of judgment and motion
/ to retax costs; Joseph Turk Fur
|