The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-10
hi THE DISTRICT COURT
Arguments Heard in the Cases
Against Justice Laurandeau.
THE MOTIONS SUSTAINED
The writs Were ouashed-The Conten-
ton OF the Aslator was That He
Was Not esrved With . Copy
OF the Complaint.


heard arguments in the two cases Of
the state ex rel. 8. ]. Reynolds against
Justice Of the Peace Laurandeau, ap-
plications for writs Of review In the
cases Of the John Caplice company and
Cudahy Packing company against the
e~x-sheriR. in which judgments for the
recovery of goods attached were by de-
fault entered against the ex-sherif.
The matter came VI before Judge Lind
say on motions to quash the writs and
the motions were sustained by the court.
The questions Involved were whether a
constable had, In Q case where the sher-
ir is defendant. authority to serve the
process: whether q copy Of . complaint
filed In . justice had to be serve
with the summons. IN whether or not
view did not Of itself prevent the relief
sought. more than a year and q half
having elapsed since the default judy
ments were entered.
The Judge, in deciding the matter.
aid he hardly believed IL vas necessary
to consider the matter Of. delay as a
reason why the motion to quash should
be sustained. II the service OF sum-
mons on the sheriff was SUFFICIENT. then
the JOOkI1Sut COuiu IOt NC ottaShCu. =
was alleged hat service had not been
made by the coroner. as IL by law re-
qulred, but by a constable of the county
and that therefore the service should be
considered as insufficient and In effect
no service. The statute provides that
when the sheriff In a party to an action
or proceeding the process or orders
therein, which II would otherwise be the
duty Of the sheriff to execute. must be
executed by the coroner Of the county.
II was not the sole duty of the sheriff
to serve the summons issued In the case
at bar; a constable of the county of
Silver Bow was clothed with the same
authority as the sheriff and the service
made by the constable must be held
sufficient.
The contention Of the relator that he
was not served with a ~ of the COM
plant need not be considered; the serv-
ice OF summons on defendant was sufi-
cient; the statute requiring that a copy
Of complaint should be served with the
complaint relates only to actions COM
menced in courts of record. The writ
was therefore denied and the court con-
sidered hat the judgment rendered In
the Justice court against the relator. 3.
]. Reynolds, might be carried into ef-
feet.
The deposition of Willis Alcott OF
Tarkio, Mo-, to be used in the divorce
case Of A. H. West against Emma West
was received by the clerk OF the courts
yesterday. Alcott testified that he met
West and his wife in Chicago In No.
vember. 1898, and that Mrs. West told
him that she was going to leave her
husband for good. but she did not say
| what she would do or where she in
tended to go.
The referee in the cases Of John #
Forbis. j. o. Bender and James w
Forbis against the Grand Opera House
company, filed his report of the testi'
| money taken in court yesterday. The
| suits were brought for attorneys fees
for services alleged TO have been rem
! dered the defendant company at vari'
Gus times.
The last appeal taken by Chief Of Po'
| lice Mulholland from an order OF tbs
county commissioners disallowing hi:
hill for fees as constable. was sub
mitted yesterday to Judge Lindsay OF
an agreed statement of facts and with
| out arguments. The matter was k
under ADJUSTMENT.
The only suit set for trial in judge
Lindsay'e court yesterday was that o.
M. G. O'Connor against william Halls
ter and others, and II was dismissed To-
want Of prosecution.
Alfredo Lawry has commenced sui
for divorce against her husband
James Lawry, TO whom she was mar
ried at Sacramento July 30, 1883. Sh'
charges him with cruelty and deser'
ton. On March 8, 1896. he struck he
ana on the same day left her. and hai
not lived with her since. She says sh'
does not know the present where
abouts of the defendant. She asks e
be awarded the custody of their onl,
child. a girl. aged Z.
In the case of Samson Bros. agains
Linemann and Schmidt, the defend
ants yesterday filed q notice of inten
ton to move for a new trial on tn
ground that the evidence was insufi
Gent to justify the verdict. that tn
verdict was against the law. n tina
errors occurred at the trial to which
the defendant excepted. A bond for
stay Of execution was also filed.
An inventory and appraisement wa
filed in the estate of William Shields
deceased. The estates valuation
placed as follows: Cash In the bank
S1,3O5; three-quarter Interest In tn
city News Depot. $3.50; three-six
tenth interest in the Twilight lod
claim. $500: three-quarter interest 4
the Skip lode claim. $3.50; total. sass.
Mrs. ]. II. Holp yesterday corn
menced a suit against w. II. Patter
son to recover possession OF a lot q
household goods valued at $3.50
which. IL is alleged. the defendant Ia
wrongfully detained for two year.
She asks for 500 damages.
In the suit OF James Davidso
against p. A. Largely and about II
others. an action for a sale and part
Tor of the Denver lode claim. Judg
Clancy yesterday heard the proofs an
ordered a partition and appointed ].
McCleman as referee to conduct th
sale.