The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-06
THE DISTRICT COURT
Motion to Set Aside Default in
the Murray Case.
MANY AFFIDAVITS FILED
HIS Attorney Was Too Ill to Look Afte
the Cas- and Ho Supposed Answer
Had Been Made-severei
Divorces Granted.

James A. Murray has employed 4 new
arm of attorneys and they appeared In
court yesterday and filed a motion to
set aside the two defaults taken a few
days ago In the big suits brought
against him by Ludwig Streicher and
others. In his afidavit filed In sup
port OF the motion. Mr.. Murray tates
hat he employed Lawyer Charles
O'Donnell to look after the cases and
depended upon him to see that no de-
fault was taken, and he believed the
cases were standing on demurrer and
did not know that the time for answer
ing had expired. At the time Of the de-
fault Mr.. O'Donnell was quite sick and
too i'll to look after the filing OF he an
swers. Mr.. Murray says that Lawyer
OfDonnell Is insolvent and not able to
respond in damages to him IL any
should result by reason OF the default
having been entered. and Mr.. Murray
also makes q denial OF the allegations
In the complaint To the effect that he
and one Adolph Rosenthal. Silas F.
King and q. A. Kornberg a COM
mitted any fraud or made any misrepre-
s%entation concerning the Streicher es-
tate deal
Attorney O'DonnelI also made an am
davit that he was too sick to attend to
his case. Other affidavits were filed
showing that an answer had been sent
TO the clerk of the courts by mail, but
was not received and filed until after
the default had been entered. A new
answer. making a specific denial OF all
the charges in the complaint was pre-
scented with the motions to set aside
the defaults. Wines az Wines appear as
attorneys for Mr.. Murray.
Henry A. Root yesterday commenced
another action in the district court TO
recover something for services he
claims to a v rendered In the Davis
will contest for certain OF the heirs. The
defendant named is Mary Louise Dun
bar and the amount sued for is ZIG. $685.
Sc 2-3. with interest at 10 per cent. from
Aug. rs. 1897. In his complaint Mr..
Root says that between March IL. 1880.
and Aug. IS, 1897, he rendered services
for the defendant. under a contract and
agreement with her. n represented
her in the will contest and final set
Element. end that the services rendered
were well worth h amount sued for.
Judge Lindsay yesterday afternoon
called his calendar and set cases for
trial as follows:
Nov. 14-Joseph Ramsdell ct al. VS..
william A. Clark. Bennett Brothers
Co. VS.. f. +. Congdon.
Nov. 15-P. ]. Peters Saddlery and
Harness company VS.. the First Ma
tional bank OF Butte, Gordon Sherman
VS.. Balcain Petit.
Nov. 16-E. Z. C~ongdon VS.. L. d. Olds
ct al. Charles W. Palmer VS.. william
O'Neill ct al, Mary c. Sands VS. NJ. c.
Harris ct al.
Nov. 17-Clty of Butte VS.. w. A. Clark
ct al. Butte. Anaconda & Pacific Rail-
way company VS.. the Home Investment
and Realty company.
Nov. 1S-Edward w. Leach VS.. c. Ii.
Nolan. George ii. Casey VS.. Theophile
Thivierge Ct al.
Marie Murphy was yesterday granted
a divorce by Judge Clancy from Dan
Murphy, 10 whom she was married in
Butte on the 25th of April. 1896. Mrs.
Murphy and her witnesses testified
that the defendant deserted the PLAINTIFF
In January. 1897. since which time he
has not been heard from n has con-
tributed nothing to her support.
Judge Lindsay yesterday heard the
proofs in the divorce case Of Bertha
Brindle against Frank Brindle and
granted the %plaintiff a decree. They
were married in Michigan in 1890 and
three years ago the defendant deserted
her. Mrs. Brindle told the court that
she was clerking in a store and one
night she came home and found that
during her absence he had sold all her
household furniture and skipped out.
She aid she had not heard from him
since and had no idea where he was.
Mary Morton yesterday commenced
an action for divorce against Cornelius
nj, rton on the ground of n ,nsupport. In
her complaint she relates that they were
married in Butte on Sept. 2s. 1895. and
for more than a year he has contributed
nothing to her support.
In the divorce case of Theresa Leland
against Clarence Leland a demurrer
was yesterday filed TO the complaint on
the grounds that IL did not allege a
cause of action and that the allega-
tons in IL. even IL true. would not be
a statutory ground for divorce.
Thr divorce case of Eugene =. Cor
den against Grace NJ. Gordon was yes
terday dismissed. on motion of plant
IFS attorney, without prejudice.
In the divorce case OF Eliza Dunston
against Thomas Dunston. a demurrer
to the complaint was submitted 10
Judge Clancy without argument and
taken under Amusement.
In Judge Lindsay's court yesterday
the old Messenger company ease
against the city and II. L. Haupt care
up on a demurrer Of the city IL the
plaintiffs complaint. The city. how
ever. was not represented. and J. q.
Bender. attorney for the Messenger
company. presented the matter 20 the
court and 1t was taken under advise
ment.
The case Of Laveli Brothers against
Hattie Frost. administrative. was DIS
missed as settled.