The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-29
m THE DISTRICT COURT
A Mining Contest on Trial Be-
fore Judge Clancy.
PRIOR LOCATION CLAIMED
A Suit Against Meyer Gensberg Begun
by the Ripon Knitting Works OF
Observation-Disclosures Lind
says Calendar.

A mining contest in which John Ar
chibald and others sued ]. III. Vivian
and others. was on trial before a jury
in Judge Clancy's court yesterday.
The property involved Is a mining claim
about two miles west of Butte. near
Burlington. and in the vicinity Of the
Philadelphia and Hibernia mines. The
ground was located In 1889 by the plain
tiffs. who called IL the Myrtle. and
in 1890 the same ground was located
by the defendants as the Con Virginia.
The defendants applied for a patent
and were adversed by the plaintiffs.
who claim a prior location. John W.
Cotter appeared as attorney for the
plaintiffs. and J. l.. Wines for Vivian
and his co~-defendants. The trial was
not concluded yesterday. The jury in
the case Is composed of Samuel II.
Mulville, Peter Conway. Howard
Adams, Angelo Balzario. NJ. s. Roach,
Joseph Rosenthal. Evan Herbert, II. ".
Cain, w. H.. Rule. r. c. Levin, j. II.
Russell. l.. ID. Curry.
The Ripon Knitting works Of Wis
consin yesterday commenced an ac-
ton against Meyer Gensberg, trustee
I'm bankruptcy of the estate OF sam
Altman. a bankrupt. to recover posses
sion of a quantity of dry goods. valued
at S737. 25, and for 800 damages Tor the
wrongful detention of the goods.
Another suit was brought against
Gensberg as trustee. by VIM. Fisher
for s31s.50. the value of goods, and Tor
800 as damages.
In the suit of Joe Mayotte against
| Mrs. c. Tangeye and Ellen Hansen. an
| action to foreclose a lien on some resi-
dence property. the defendant. Mrs.
Tangeye. filed an answer In court yes
terday denying that she has only PAID
the plaintiff si,462. 81. but alleging that
she has paid him In all xl,5l2.b2. She
denies that the building was ever COM
pleted according to contract or at all.
| AS a counter claim she alleges that the
plaintiff has refused to complete the
contract. and that the building Us not
ready or ft for occupancy. and that
IL will require an expenditure OF at
least 5000 TO complete the building. BY
reason of the plaintiffs failure to COM
plete his contract, the defendant has
been damaged I'm the SUN of $3.50. and
Judgment is therefore asked against the
plaintiff for $3.50 and costs.
r.. III. Wearing yesterday brought
sui against Thomas Coughlin Tor 900
and to foreclose a mortgage on some
property on the SchwitZer lode. An
attorneys fee of $50 is also asked.
-
The following matters are on Judge
Lindsay's calendar for hearing this az
ternoon:
Estate of Susan Hess. probate OF
will; estate Of Patrick l.. Regain. petit
tions and objections: estate of John j.
Neary. petitions for letters; estate oil
George l.. Hatherell. settlement or ac-
count: estat of John Wrath. settle
ment Of account: estate OF Ann Wraltn,
settlement of account: estate OF Sabina
A. Hale. return of citation. order 70
show cause. settlement of account; es-
tate of NJ. =. Flynn, return of cita-
ton. order to show cause. Lee w.
Foster. ct al, VS.. Louis V. Bender, el
al, of John O'Rourke and
motion to strike; John Parko VS.. Johr
Huerth, demurrer; q. G. Abbott, ct al.
VS.. John O'Donnell. settlement of bill
:. OF exceptions: Annie A. Cotton VS.. Ed
ward Cotton. plaintiffs proofs; Citizens
|, District Messenger company VS.. Henry
l.. Haupt. ct al, demurrer of City o.
, Butte.
The old case Of Henry Gasscrt anC
others against J. H.. Steele was dis
: missed yesterday by Judge Clancy OF
motion OF the attorney for the plain
tiff.
e The sherif's office yesterday receives
from Helena an attachment to be levie'
2 on the property attached a few day
ago by J. A. Coram i'm his suit agains
Henry A. Root and other heirs Of tn
Davis estate. The action I'm Helena
was brought in Lewis and Clarke coun
ty by T.. T. Wilson. receiver of one o
. the defunct banks OF Helena, and !
for $4,000.
In Judge Lindsay's court yesterda.
a $50 damage suit of DIR. O. H.. Dogg
against John II. Bottego n other
.