The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-19
IN THE DISTRICT COURT
Peculiar Case in Which the Win
ner Lost.
1T DIDN'T INCLUDE COSTS
Judge Lindsay Corrects His Judgment
in the Case of the Pioneer Fuel
Company AgainstJ j. II. Lynch.
Other Suits Heard.

A peculiar case In which a party won
a case in court and by winning lost. is
that of the Pioneer Fuel company of
Duluth against J. II. Lynch. The com
pany sued for sos, the value of a car
of coal. and a few days ago got judg-
ment for 1920 and costs amounting to
$40. Yesterday Judge Lindsay, on his
own motion corrected the judgment by
striking out the costs allowed. The law
provides that no costs shall be allowed
in an action for the recovery of money
where the plaintiff fails to recover more
than $50. AS the case now stands, the
fuel company is out $3.50 on the judg-
ment it got besides the ear of coal.
The first cause tried in Judge Lind
says department this morning was the
suit of l.. l.. Paget of Portland, Ore,
against James s. Galloway. a Butte
druggist. The suit was brought to re-
cover s12630 for merchandise sold by
the plaintiff to the defendant at the
time Galloway was a resident of the
state of Washington. The plaintiffs
claim was proved by a deposition and
by the testimony of witness. The de-
PENDANT offered no testimony and the
court thereupon instructed the jury TO
return a verdict in favor of the plain
tiff, which was done.
On motion of +. T. Mcbride, attorney
for Will L. Clark. who a short time ago
filed a petition for letters of guardian
ship in the matter of the estate of
James Larkin, an insane person. Judge
Lindsay continued the hearing or
Clark's application until Saturday. the
10Th inst. The time in which to file OBJ
jections to appointment of applicant
was also extended to the same date
In the case of the Montana Power
company against Mary Ann Ward ct
al, the defendants, Mary Butler, l.. L.
Small and C. A. Small, having consent
ed to accept the award of the commits
sioners and not desiring to appeal
therefrom, it is ordered that the county
treasurer of Silver Bow county pay to
said defendants the amount of said
award of the said county.
The second case tried before a jury
in Judge Lindsay's department was
that of A. Nadnais against Frank Hy-
att and wife for the possession of a
house rented to the defendants in APRIL
1897. and for $25 as a balance due for
rent. Damages were also asked, but
they were waived at the trial. The
defense to the suit was that the plain
tiff had failed TO make certain inn
provements he had promised when the
property was rented. The jury gave
the plaintiff a verdict for possession
and the amount sued for. During the
trial some of the interested parties had
u LuIIiptl VI 1tiildiIll III the court Iubfn
and they became so noisy that the
judge was compelled To remind the par
ents that the court room was not a
play room.
The case of John Thll against w. H.
Price. another suit for the possession OF
a piece Of ground on East Galena
street. and for $50 damages was par
TALLY tried and the further hearing of
ii then went over until Monday morn
ing.
The following matters are set for
hearing in Judge Lindsay's department
to-day:
Estate of Ezra G. Harris. petition for
letters: estate Of Montgomery II. Har-
ris, petition for letters; estate of
Michael Cannon. petition for letters,
estate of John McLaggan, petition for
probate of will; estate of William Har-
ris, settlement of account; estate OF
Edward Ravelle. petition for letters;
estate of II. A. Niedenhofen, motion for
an order on clerk TO deliver letters; es-
tate of Burke (minors1. petition for
letters: S. q. p. Cobban VS.. H. L.
Frank motion for judgment; William
l. Hoge Ell al. vs. William H. Young
ct al, motion for Judgment: John
ORourke VS.. Mary Schultz, motion for
new trial, Fred Puddington vs.. John
o Rourke ct al. demurrer. John Ii
Currie VS.. Montana Central Railway
company, motion for new trial. w. A.
Clark q Bro. VS.. Grand Opera House
company ct al, demurrer to cross COM
plant and motion to strike; James q.
Hill vs.. James Cassidy Ell al. motion
for judgment. William O'Brien VS. the |
Butte General Electric company. de- /
murrer; James II. Lynch VS.. Isaac |
Bechtel motion To strike and demurrer: |
James {. Dawkins vs.. George McGreg- |
or ct al. demurrer: w. II. Hendrix vs. |
Clara Mccauley. demurrer; T. j. Hen |
messy VS.. n. Rouson, exceptions 10 find |
ings: NJ. H. White. assignee VS. Thos
+. Courtney motion TO inter- plead: |
Cora Il. Ramsey vs.. p. II. Burns ct al, /
motion TO strike: Edgar Brooke VS..
Board of County Commissioners. agreed
statement; James Macfarlane VS.. John
GilIie, motion for severance of judg- |
ment; G. 5. Passmore vs.. Michael Ken
eally ct ux., motion and notice of mo-
ticn: William Rodgers VS.. S. W Sirnnns |