The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-21
COURTS ARE IN CONFLICT
Judges Clancy and Lindsay Issue
Antagonistic Injun ctions.
HAUPT AGAINST THOMAS
The Litigation Involves the Owner
ship of the Void Claim, on Which
Mr. Haupt Wants to DO the
Representation Work.


in. the district court against E. w.
Thomas and others and obtained a
temporary order from Judge Lindsay
restraining the defendants from inter
fering with him in his attempt to per-
form annual representation work or the
Void lode claim, and subsequently
Thomas commenced an action against
Haupt and secured from Judge Clancy
an order restraining Haupt from doing
the work, and restraining the enforce
ment of the order issued by Judge Lind
say, so raising a conflict between the
two courts.
Haupt said in his complaint that on
the first of January 1896, he located the
Void lode claim after discovering a
well-defined vein of quartz, carrying
gold, silver and other precious metals.
The adjoining claims are the Gold Hill
on the north, the Blue Jay on the
south and the BaIlona on the east. On
the 18th of the present month, Haupt
says, he attempted to do the work re-
quired by law in order to hold the claim
for the year, but the defendants, by
force and threats and intimidation,
drove the men, employed by Haupt,
from the ground by force and threats
and by force prevented the men from
returning to the ground to do the re-
CURED representation work. Haupt re-
lated in his complaint that the claim is
valued at $4,000. and that unless he does
the representation work before the first
Of January he will forfeit the property.
He also alleged that the defendants are
insolvent and unable to respond in dam
ages for any injury he might sustain
on account of their actions in prevent
ing him from representing the mining
claim He also alleged that he had al
ready been damaged in the sum of 800.
Upon the facts stated Judge Lindsay
issued temporary restraining order
and an order to show cause why an
injunction should not be granted.
In the counter action against Haupt,
brought yesterday. Thomas alleges that
the property involved is a portion of
lots and 10, block /, of the Thornton
addition, of which Thomas claims to be
the owner. He charges that while he
was the owner of the ground and in
lawful possession thereof, Haupt, with
out right unlawfully and without the
consent of Thomas, entered upon the
premises and began to dig and excav-
ate the soil, and sink shaft of large
dimensions on lot 10, and threw the rock
and dirt excayated upon the surface
and against the residence of Thomas,
thereby greatly damaging his house and
rendering it unsafe. He exploded, it is
alleged, large quantities of giant pow
der, and blasted the rock and earth and
thereby damaged the house and cellar
to plaintiffs damage in the sum of 800.
Thomas alleges that Haupt threatens
to trespass on the premises continually
and to dig and excayate to an addition
al depth and to use powder in blasting
and thereby render the planting resi-
dence uninha bitable and destroy the
substance of the estate and greatly and
irreparably damage the plaintiff. Tt is
alleged that Haupt is insolyent and un-
able to respond to suits for damages,
F1rt hi t.
for an injunction, which was granted
by Judge Clancy, and an order to show
cause was also issued
The conflicting orders We're both set
for hearing, and in the absence of
Judge Lindsay both will likely be heard
by Judge Clancy. In the meantime
both parties are restrained from doing
anything. o. Nj. Hall appears as coun-
sci for Haupt and j. J. Mediation and
e. S. Mcdonald for Thomas.
Judge Lindsay held session of court
yesterday and made the following Or
der in the case of Bennett Brothers
against George S. Congdon, the suit
seeking to restrain the defendant from
collecting a judgment against the street
railway company, the plaintiffs claim
ing an interest in it, ION the remanding
of this cause for further proceedings an
order was by the court made opening
Sdlu CAUSE LOT The lHtFOuuclIDfl, ON De-
half of each party, of further testimony
in support of and against the motion to
vacate the temporary restraining order
heretofore issued and thereafter the
cause was by consent of counsel SUBJ
mitted upon the evidence originally in
troduced, and now by reason of the fact
that the testimony of the plaintiffs in
support of their application for a re-
straining order stands uncontradicted
and is by the court accordingly consid-
cred, the court orders continued in
effect the restraining order heretofore
issued pending the final determination
of this action
A writ of review issued by Justice of
the Peace p. H. Burns on the applica-
ton of Thomas #. Courtney, was heard
and decided against the justice. J. A
Brennan had brought a suit in Burns
court against Tim Harrington, A. p.
Pondorf and T. e. Courtney, for a
small amount claimed to be due for SER
vices. At the trial, and at the conclu-
sion of the plaintiffs case, the justice,
on motion Of Courtney's counsel, grant
ed a non-suit as to Mr. Courtney and
the trial was proceeded with as to the
other defendants. At the conclusion of
the trial Burns gave judgment against
Courtney notwithstanding the fact that
he had previously granted non-suit
This statement of facts was not con-
tradicted by the Justices return in the
case and Judge Lindsay did not care to
hear any argument but ordered the
judgment to be set aside as to Mr..
Courtney.
An appeal in the case of r. c. Hill
against Joseph Taber was dismissed
because it had not been perfected in
time.
In the damage case of Nolan against
the Montana Central, a stay of execu-
ton was granted pending a hearing of
the motion for a new trial.
The administrator of the Davis estate
was authorized to convey certain real
estate to John Fitzgerald.
At the conclusion of the courts BUSH