The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-05
IN INTERVENTION.
A suit Against Cushing Fiied by y. >.
Bropby 4 Co.


There was filed yesterday in the Unit
ed states circuit court the suit Of Liv-
ingston Cushing as complainant VS.. the
American Developing and Mining COM
pany defendant. The suit i'm interven-
| ton includes L. j.. Brophy a. Co. as in
tervenor va. Livingston Cushing and the
American Developing and Mining COM
pany. Mr.. Brophy, in his petition, al
leges tina on March II last Livingston
Cushing filed an affidavit which result
ed In a receiver being appointed for the
1t Is further shown that on
April 30 the receiver. +. w. Bacorn, filed
a statement To the effect that said re-
ceiver borrowed from the Union Bank
and Trust company of Helena $4,000.
+. j. Brophy & Co. claim that at the
date of the filing of the bill In equity
by Livingston Gushing the American
Developing and Mining company was
indebted To Mr.. Brophy In the sum OF
1859 for goods. wares n merchandise
furnished at the special instance ana
request of the defendant, and which the
defendant said that 1t would truly repay,
but was not paid. A suit was brought
for this sum in the district court of Sill
yer Bow county: that the defendant
failed to make any answer whatever and
that a judgment was entered by the
district court I'm favor of MIR. Brophy for
the sum named and costs, amounting in
all to the sum of 81 ,S6S.S5 1t Is claimed
that this is n lien prior To the lien OF
any other creditor upon all real property
whatsoever belonging to the defendant.
The petitioner claims that he has ac-
uuired and now claims and holds a lien
upon all of the real property belonging
to the defendant prior and superior To
the lien OF any other creditor except
such as may have obtained Judgment
liens upon the said real estate. That the
complaint in the original bill has not
now and never has had upon said real
estate any lien by Judgment or other
wise. The petitioner prays AZ follows:
First-That an order of said court be
made and entered in this suit allowing
the said petitioner TO become a party to
this action.
Second-That the said Livingston
Cushing and the said American Develop
ing and Mining company and the said
+. w. Bacorn, receiver. be. by rule and
order Of said court. required to appear
and answer this petition.
Third-That your said petitioner. after
being made a party as aforesaid In said
suit. be permitted to answer the COM
plainant's original bill.
Fourth-That this petition. being al
lowed to be filed and our said petit
tioner being allowed To be made a party
to this suit. that upon the merits of this
4 sun NhuI BttlllonrT bt ny Npui hphoi
and by the aid court. adjudged and de-
creed To have a lien prior and superior Il
the lien OF said complainant. Livingston
Cushing. and OF any and all other cred
itors of the defendant who have not oh
tanned Judgment prior to the Judgment
Of your petitioner. upon all of the real
estate OF the defendant.
Fifth-Together with such other and
further relief as may to your honor APP
pear Just and meet In the premises.
Sixth-And The writ OF subpoena he is
sued to r. w. Bacorn as receiver, To APP
pear To this petition and TO answer &c
the same.
A similar bill was filed from the Ken
nedy Furniture company. II claims
$685. as its debts for goods. wares and
merchandise. Next comes the Montans
Hardware company. which also filed
suit in Intervention last night. IL claiml
ss4s.s6 as Its due. Louis s. Cohn ais
filed a claim last night in Intervention
He alleges that he is entitled to $l.l2s
Last of all are w. A. and ]. Ross Clark
who brought a similar suit last night II
intervention for sac. 900.