The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-27
No Action Can Be Prosecuted
Against the Volunteers.
RULING BY JUDGE CLANCY
An Evening Session in the Damage Case
of p. p. Leonard Against the City.
Foreclosure Case Against
the Opera Company.


against a man who has gone to the
front to fight for his country. The
question came up when the case of
Mrs. LOTUS against Sam Mcdonald
and J. M. Trip against F. J. Bor-
deaux were called for trial The at
torneys for the defendants. Mcdonald
and Bordeaux. asked to ave the cases
continued for two years., or until the
defendants. who have gone to the
philippines as members of the Mon
tana regiment of volunteers. should
return from the war. The PLAINTIFFS
attorneys raised an objection to the
long and indefinite continuation. but
Judge Clancy said the reason advanced
for a c~ontinuance by the defense was
sufficient and said that during the civil
war there was a law that no suit pend
ing could be prosecuted against a soldier
n no judgment could be rendered or
execution issued against him while he
was IN the army and serving his coun-
Try, and the judge thought it was a
good and very reasonable law.
The trial of the $1,000 damage suit of
Philip p. Leonard against the city of
Butte, was resumed before a jury in
Judge Lindsay's court yesterday morn
ing. Leonard finished his testimony
about how he sustained his injuries by
falling on the sidewalk In front of Null
Inns store. on upper Main street.
Other witnesses testified that several
cement blocks which had been put in
the walk in making repairs were very
smooth n slippery. A number of
persons slipped and fell on them. Joe
Perron testified that he fell on the
same place and broke one of his legs.
AT the conclusion of h plaintiffs
case. City Attorney DeWolfe made n
motion for a non-suit. which was over
ruled bv the court. Ex-Mayor Thomp-
son, ex-City Engineer Blackford. ex-
street commissioner Joyner, Mayor
Harrington and other witnesses testi-
fled in behalf of the city to show that
the pavement, where the accident oc-
CURED. was the same as any other
sidewalk, made of the same material.
and was regarded as safe as any other
cement pavement on a similar grade.
some witnesses said there was not a
better sidewalk in the city. An evening
session Of court was held to complete
the case. At the conclusion of the tes-
tlmony. the jury was taken out to view
the sidewalk where the accident oc-
CURED.
After the jury returned the argu-
ments were made. and then court adj
journed. The court will deliver it's in
structions and submit the case to the
jury this morning.
In the mortgage foreclosure case of
w. A. Clark e. Brother against the
Grand Opera House company and 9TH |
ers, a notice of a motion to file a sup |
Elemental complaint was presented in
court yesterday accompanied by a copy
of the proposed amendments in which
the fact is set out that the original
suit was instituted oil October 10, 1897, |
to foreclose a certain trust deed or
mortgage. The opera house property |
was subject to taxation for the year |
1895, but the tax was not paid and the
property was sold by the county treas |
1rer and purchased at the tax sale by
Silas r. King. one of the defendants. |
In order to have their rights under the |
mortgage protected, the plaintiffs were
compelled to redeem the property with
in two years, and they claim that they
did so and paid to the treasurer on
January 25 last. $1,0s4.56. The plain
tiffs therefore ask to be s~ubrogated to
all the rights and interest of King un-
der the sale and have a lien against
the property for the 81. 0s4.5S and in
terest and to have judgment for the
amount in addition to the mortgage.
An appeal case to which the
Schatzlein Paint company was plaintiff
and Mrs. p. J. Lotus defendant was
tried before a jury in Judge Clancy's
court yesterday and resulted in a YER
dict for the defendant, The plaintiff
had sued for $S5. so, alleged to be due on
account. The defense set UP by
Mrs. LOTUS was that she had been
running a boarding house at Basin in
1894 n boarded a number of miners
employed by the Butte & Boston Min
company OF which Mr.. Schatzlein
secretary. She accepted orders
from her boarders or their wages n
turned the orders over to Schatzlein
with Instructions to take from them
the amount of her Indebtedness to him
and turn the balance over to the Mon
tana Lumber company. She pre-
he had done so. until some
time afterwards, when she received a
bill from the lumber company. Suisse
quently h saw Mr.. Schatzlein and he
said he had forgotten to turn the or
ders in. Some time later. in 1896, he
brought suit against her for the
of his claim against her and
some of her property. Mr..
claimed that he took the
orders to collect for Mrs. LOTUS, but
before he could do so the men had
their pay and left the country.
The suit of Adelaide German against
!. A. Gamer. which was dismissed a
days ago by Judge Clancy for want
Of prosecution. was by him r~einstated
A motion to that effect had
been made by the plaintiffs attorney,
but h court said the motion was not
good. yet he would reinstate the case
on account of the plaintiff who would
suffer for the neglect of her ,
attorney.
The attorney for Convi James ID.
Casey filed in court yesterday a notice
~ appeal to the supreme court from
the order OF Judge Clancy denying a
new trial.
Do you value your eyesight? DR..
of the Owsley block makes free