The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-24
N THE DISTRICT COURT
Four New Actions Were Com
Is menced Yesterday.
MOTIONS AND DEMURRERS
The Session OF the Court Taken Up
With the Arguments o. our
on Questions and Demurrers.
Frush VS.. Fitzpatrick.

Four new suits were begun in the
district court yesterday. None Of them
involve a great dea of money. The
first is an action TO condemn certain
property for a right-of-way for a water
ditch. The suit is brought by +. j.
Evans against Peter station Lucinda
station and James Lankin. The COM
plant alleges hat Station is the owner
Of the southeast quarter of section 20.
township 5. north OF range 10 west; that
Lankin is the owner of the northwest
quarter of section 20. in the same
ship. an ] tina: the plaintiff owns an UNI
divided one-half of the southwest quar-
ter Of section II. which adjoins the land
of station. The plaintiffs land is agri-
cultural land and he has been in pos
session thereof the past six years. The
land Is used for raising hay. and in order
to 10 this irrigation is necessary.
The complaint states that the only
stream wherefrom he can take water Is
Mill creek. and that he has located 100
inches Of the waters of that creek. In
order to get the water to his land IL Is
necessary for him to cross the lands of
the defendants. He prays the court to
appoint three commissioners who shall
appraise the value of the and necessary
TO be condemned. w. II. Trippet is at
torney for a
Cecile Roston commenced an action
yesterday against w. A. Hufty. a con-
stable at Avon. The plaintiff sues for
the recovery of one wagon, one set OF
harness. one bay mare. % head of cat
tie, three calves, which property the de-
PENDANT is alleged to have taken unlaw-
full possession OF.
n value of the property is s405, for
which sum the plaintiff sues. Napton
& Napton are attorneys for the plaintir.
James Brennan yesterday commenced
a suit against Claus Oldhauber to re-
cover on a promissory note. The note
Is alleged to be dated July 2, 1896. and
Is for 500. IS and interest at IA per cent.
per month. The total amount Of the
principal and interest now Is $2is.S5, for
which judgment Is asked. M. ID. Kelly
Is plaintiffs attorney.
A transcript o appeal was yesterday
filed in the case of NJ. ID. Kelly against
]. W. Frush. The suit was originally
brought in a justice court by Kelly Ia
recover $50 alleged TO be due him fol-
services in a professional way. Judg-
ment was entered against the defendant
Tor $3.50 and for costs. amounting in al
TO abou SIS.
-
There was a session of the district
court yesterday and several motions
were argued and submitted.
In the case Of Ottilia Shea against ii.
w. Stephens a demurrer was argued and
submitted.
In the case Of Martha Walters against
A. II. Mitchell. the plaintiff declining
10 appeal further. judgment was order
ed entered dismissing the cause and for
costs.
In the case of Cooney Bros. against
NJ. J. Murphy a demurrer was argued
and submitted.
In the case of Beaudette Bros. against
the Standard Drug company a-motion "a
stay proceedings and TO compel the
plaintiffs to elect which cause of action
set forth I'm the complaint they will pro-
coed upon was submitted and taken I'M
der advisement.
In the case Of Anna Collier against
John Fitzpatrick a motion TO set aside
Judgment heretofore entered was sub
mitted and taken under advisement.
The case of j. w. Frush against John
Fitzpatrick. sheriff. was tried before a
Jury. The case involves only a small
amount of money and has reference 10
certain ga~rnishments. The jury last
night returned a sealed verdict.