The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-06
IN THE DISTRICT COURT
Judge Lindsay Hands Down an
Important Decision.
RELATIVE TO EXEMPTIONS
The Horse When Means OF Livelihood
Cannot be Attached-Dr. Brook AL
lowed Three Dollars a Day
IN Insanity Cases.

Judge Lindsay yesterday afternoon
made a decision in the case of Mac
Thompson against Constable T. "
Lowney, a suit involving construc-
ton of the exemption law. and held
that the law applied to an unmarried
man as we'll as a married man. race
horse belonging to Thompson had been
attached, and he claimed 1t was exempt
as the horse was his means of liveli-
hood In passing on the matter the
court said.
although counsel saw fit to argue
two propositions of law and asked the
court to pass thereon, yet the agreed
statement of fact requires a determi-
nation of but one, and that a ruling
only as to whether the articles men,
toned and described in section 1921 of
the code of civil procedure of the state
of Montana, are exempt to an unmar-
ried man. citizen and resident of the
state. and that in event the court holds
such property is exempt, judgment
shall be rendered in favor of the plain
tiff. The section referred 10, reading, as
it does, that in all cases the property
therein mentioned is exempt from exc
cuton. the court holds that the prop
erty of an unmarried as well as that
of a married man, is exempt to the
extent of the articles so described; and
that in the case of married man, the
additional property mentioned in said
section, necessary for the use of his
family, is exempted Judgment is
therefore ordered in favor of the plain
tiff and against the defendant for the
possession of the horse described in the
complaint, and in event that a return
can not be had. then Judgment for its
value and for costs of suit
Judge Lindsay also passed on the case
of Dr. Edgar A. Brook. who appealed
from an order of the board of county
commissioners disallowing his claim for
witness fees in insanity cases. He had
put in a bill for $50 for six days at
tendance on such cases and the court
allowed him SIS, or at the rate of SIS a
day.
In the matter of the estate of John
Hoskins. deceased. the court made an
order allowing and settling the final
account of the execution, but declined
to grant the petition for distribution TO
the children of Mary Hoskins, the
widow and sole legatee of decedent,
without an administration being had
upon the estate of the widow. Mary
Hoskins, the widow, died since the let
tiers were issued TO the executrix.
In the case of :. +. Fitchett against
| the Silver Bow Meat company, a suit
| for rent, a motion to strike from the
| complaint was sustained in so far as 1t
| related to an allegation that the prop
| erty was leased at such a low rate"
| for the reason that the defendant had
| agreed to purchase the property. In
! other respects the motion as well as a
| demurrer were overruled.
! In a large amount of business heard
| by Judge Lindsay yesterday afternoon.
| were two motions of considerable inn
| portance. The first was a motion for
! judgment on the pleadings in the case
/ of Hoge, Brownlee & Co. against w.
| II. Young, E. Ii. Irvine. +, Irvine and
! John L. Lloyd w. w. Dixon appearing
| for the plaintiff and Judge Dewitt for
the defendant. John f. Lloyd The de-
| PENDANTS in 1894 gave a note for 81, 500.
| on which there is now due 81 ,935.sl.
| Iloyd's defense is that rome of the de-
| PENDANTS received any benefit from the
note, but that in reality they were only
| sureties for the Garrison Fire Clay &
Brick company and that each defend
ant was surety only for the other to
! the extent of three-fourths of the liza
/ Utility He also claimed that E. II. Ir-
vine gave the bank real estate secur-
| ity for the note and that the security
/ had not been exhausted. Judge Dixon
argued that the defense set up was
! frivolous. The court took the matter
under advisement.
The other motion heard was in the
| bet case of James MacFarlane agains,
/ John Gillie, the stakeholder MacFar-
| lane made a bet with a man named
/ Batternan that the Montana Ore Pur-
/ chasing company or the Heinzes had
paid the Anaconda company 100000 foi
| the Sullivan mine by certain date
| proofs of which he was to furnish by a
certain day. MacFarlane and Batter
| man each put up $500. and the former
| claims he won the stake but was com
| PEELED to sue for 1t. The defense sci
up was that the bet was off by the con-
| dition under which 1T was made and
that eacn side was entitled to $500 Or
| this admission. MacFarlanes attorney
J. ]. Mediation. moved for severance
| of the judgment and that he be glver
the $500 admitted belonging to him By
the defense and that the action go OF
as to the other $500. l.. o. Evans, whit
| appeared for Gillie, argued that ths
only thing to be done was for each sid
to draw down his own money and al
il was a gambling transaction, th'
court should not enforce, az II wa
against public policy. Judge McHat
ton argued that 1t was not gambling
for the proposition was plainly bust
ness transaction in which MacFarlan
was to have Battermans money al
soon as he furnished certain informa
ton. Judge Lindsay said he would de
eide the matter next Saturday.
The hearing on the writ of review di
| rected TO Simon Murray came up be
fore Judge Clancy yesterday afternoon
on a motion to quash. Seven differen
| parties had sued Clara and Maggi
! Wilson i'm the Walkeryille justice
shop and default judgments We're en-
| tered i'm each case. John B. Nc
| Clernan. attorney for the defendant.
claimed that he was on hand TO repre-
sent his clients when the cases wer
called for trial. but the court would no
allow him to appear. He then wen
before Judge Clancy for writ Of re
view and included all seven cases In on
proceeding John Bio0r. attorney on tn
other side. moved that the proreedin
be dismissed on the ground that IA
causes alleged were multifarious. TIL
matter was argued and then sustaine
! by the court.
! The contempt proceeding agains
Alex ]. Johnston, cashier Of Clark
sNyA =