The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-20
IN THE DISTRICT COGhl
Decisions Handed Down in Sew
eral Matters.
SUITS AGAINST THE CITY
Demurrers to the Complaints Of Michael
B. Holland and Andrew Less over
ruled-An Information FILED
Against Callishaw.

held a session of court n decided a
number Of matters that had formerly
been submitted to him.. The most i'm
portant was a decision overrul-
ing a mur to the COM
plants i'm the damage suits of Michael
Ii. Holland and Andrew Less against
the city Of Butte, actions TO recover
damages for injury to property by rea-
son or a change of grade of East
Broadway. The courts order in the
matter. relating especially to the Hol-
land case, reads:
by this action the plaintiff seeks to
recover from the defendant a certain
sum as damages alleged to have been
suffered by reason of the change of
grade AMI grading of East Broadway
street. the plaintiff being an owner of
property I'm the Leggatt a. Foster add.
ton to the city of Butte, affected by
such change of grade. The defendant
contends that al the grade established
In front of the lot of plaintiff is the first
and only grade established by the city
Of Butte relating to the premises in
question, the plaintiff is not injured,
and that his complaint does not state
facts sufficient TO constitute a cause OF
action. This contention is based upon
the absence from the statute Of a pro-
vision r~eciting that where a street craze
II ny lDt city eStdDllSneu IN the MIST
instance. the abutting property holder
shall be entitled to compensation for
damages sustained. When the Leggatt
4 Foster addition was made a part Of
the city of Butte, l take it that the
defendant acceded TO the grades of the
streets therein as they then existed
and the establishment Of the grade
complained of Is. I'm my judgment. a
change of the grade. The authorities
cited by counsel for plaintiff, constru-
ing constitutional provisions identical
with our own, which provides that pri-
vate property shall not be taken or
damaged for public use without just
compensation having been first made
to or paid into court for the owner. are
determinative of this matters. and the
demurrer Is therefore o~verruled."
In the case Of Peter Debernarli
against Peter Schonsoerg. an action to
recover damages for maliciously caus-
ing the arrest of the plaintiff on a
charge that he was about To leave the
state with intent to defraud his cred
itors, Judge Lindsay overruled the de-
PENDANTS motion to strike out a part
of the complaint.
The motion for severance of the ac-
ton OF James Macfarlane against John
Gillie and for judgment against Gillie
for $500 was overruled.
Tn appeal of Thomas r. Baker
81 Nt' p'alu VI ''NllNN
m~issioners from their action i'm reduc-
ing the surveyors claim against the
county for services rendered from the
sum of Sl47 to sos. was sustained by
Judge Lindsay, and judgment ordered
against the respondents for $l47 and
costs of appeal.
The motion for judgment on the
pleadings in the suit of Hoge. Brown
lee a Co. against William H.. Young,
John T.. Lloyd and others. an action TO
recover ON a promissory note Tor l,J00
and interest since 1895, was sustained
by the court.
In the suit of r. \. Largey against
David n. Upton ct al, Judge Lindsay
refused to pass upon the demurrer TO
the complaint on the ground that the
death Of the plaintiff had not been sug-
gested and his administrative substitute
ed as plaintiff.
The motion to strike from the amend
ed complaint i'm the case of Cora T..
Ramsey against l.. Ill. Burns and others
was sustained.
The motion to retax the costs in the
suit of o. G.. Workman against +. Kinds
* Co. was overruled.
Judge Lindsay sustained the motion
for judgment on the pleadings made
by the defendants Johnson * Mccarthy
in the suit of John Mccormick against
J. Il. Johnson. NJ. G. Harris and others.
\ decree of settlement of the second
annual account OF w. II. Lewis. eXecu-
tor of the estate of PAT Davis. de-
ceased, was signed. The receipts of
this estate were s14, 063. 15. and the dis
bursements s3,374.96. The executor was
also ordered to pay certain claims.
Judge Lindsay signed an order as
signing for the use and supper of the
widow n minor children of Joseph
Morcom, deceased. the whole of the
estate of the decedent, IL appearing
that the value of the estate did not
exceed Sl.500 and that the expenses of
the last illness and expenses of admin
istration had been paid.
The annual account Of the executor
of the estate of Ray II. Haskins. de-
ceased, was disallowed. and the execu-
tor ordered to file a full and complete
account Of his administration on or be-
fore April /. 1898.
The annual account of the admins
tratrix of the estate of julius Rein
hart. deceased. was approved. and the
Administrative was authorized To pay
certain creditors 40 per cent. of their
claims.
\ decree of settlement of the final
account OF the administrator of the
estate Of Thomas Rogers, deceased,
was signed.
The county attorney yesterday filed
an information against the boy Fred
Callishaw, charging him with vagrancy
and incorrigihility, and the defendant
was at once given a hearing. His step
father, Thomas Callishaw, testified that
he could 10 nothing with the boy. as
he would not go to school. and whip
ping did him no good. Judge Clancy
questioned the boy and asked him IL
he wanted To so To the reform school.
and the lad replied that he thought II
would be a good place for him. An
order was made that he be sent 10 the
reform chool until he arrives at the
age OF n. He will be examined by a
physician IN Monday. and will be
taken to Miles City probably on Tues
day.
The trial OF Robert Works for the