The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-05
IN THE DISTRICT COURT
Application for q Receiver of the
Big Bonanza Mine.
NO APPOlN TMENT MADE
An Important Ruling Made BY Judge
Clancy in the Case of the Schatzlein
Paint Company Against Godin
and Others.

Judge Lindsay yesterday morning
heard the application in the case OF
Pat Carney against l.. J. Fisher and
others for the appointment of a re-
ceiveT for the Big Bonanza mine, and
declined to make the appointment. An
attachment was originally issued in
the case and levied on the property,
and the plaintiffs then went into court
and asked for the appointment of
receiver on the ground that one Will
lam Wilson. an agent of the defend
ants, had interfered with the mine and
was allowing it TO fill with water Al
ter hearing the arguments the court
said he had no authority in that char
acter of a case to appoint receiver
and that as had been suggested by
counsel for defendants, IL was the duty
of the sheriff TO safely keep and pre-
serve property under attachment, and
no reason had been shown why the
sheriff should be superseded. The APP
plication for the appointment of a re-
ceiyer was therefore denied.
A new and rather important qnes-
ton was raised in Department H. of
the district court yesterday and de-
cided by Judge Clancy in the case OF
the Schatzlein Paint company against
Henry Godin, F. A. Largey j. l.. Ham
ilton. John II. Curtis. Matte +. Cur
tbs and F. Dorehofer. The case was
an action to foreclose a lien on the
Butte hotel annex. In the suit as orig
inally brought Matte Curtis was not
made defendant, but 1t was after
wards discovered that the Curtis in
terest in the property stood in her
name and an amended complaint was
filed to include her III the suit. When
the case came to trial yesterday j. l..
Wines counsel for the defendants. OBJ
jected to the introduction of any tes-
tmony as to Mrs. Curtis on the ground
that the complaint had not been filed
until 10 months and days after the
filing of the lien and therefore barred
by the statute of limitations. The
question was argued by Mr.. Wines for
the defense and by w. T.. Carroll for
the plaintiff after which the court sus-
tanned the objection. Mr.. Wines then
made another objection against the in
PRODUCTION of any testimony against
Largely Hamilton and Curtis for the
reason that there had been a mis-
joinder and n-joinder of parties by
not including Mrs. Curtis In the suit
The objection was again sustained. A
default Judgment was entered against
,Godin, and Dorehofer who was named
as a defendant because he had sub
EeQuRnt zen, WAS dlioNSd III TAKE guuS
ment on a cross bill for S1S6.20 The
questions raised by Mr.. Wines had
never been passed on by a court in
this state.
The old troubles between Ruth f.
Leggatt and Rod y. Leggntt cropped
out in a suit tried before Judge Clancy
yesterday afternoon, wherein ]. Ben
ton Leggatt sued j. ]. Gamblers for The
possession of lot is block IL, in the
Leggatt g. Foster addition. The lot
had been purchased at a tax sale by
the defendants predecessors In inter-
est in 1892. The property had been as
sessed TO r. ID. Leggatt, but the court
subsequently decided that lie had a
fraudulent title TO IL and ordered him
TO recnnyey il to Mrs. Leggatt, which
was done by court commission, and
subsequently transferred 10 j. Benton
Leggatt who sued to Dust Gamblers.
who held the property for four years
under the tax title. Judge Clancy
heard the evidence and took the ease
under Amusement William Scallon
and ]. X. Macdonald appeared for
Leggatt and j. Il. Thresher for the de-
PENDANT.
Judge Lindsay yesterday disposed Of
the usual grist of business in his de-
partment. The suit of J. Roller against
j. Fred Loeber was called for trial.
but after jury had been drawn The
Judge discovered that at one time he
had been counsel in a similar action
and therefore considered himself dis.
qualified from hearing the case and or
dered il to be transferred TO the other
department. The suit is one OF a mum
Der TO recover on so-ealled hold NJ
notes. which If is alleged Ioeher was
compelled TO give by miners in his en-
nloy at Sheridan some years ago. IL
signed in all 16 such notes.
Another case ordered transferred or
account Of disqualification nf thf
court was that of Thomas J. BordeauA
against John Mccormick.
The cases Of NJ. Turck against q. A
cobband and NJ. II. Gilchrist against