The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-31
HEIRS IN EVERY SENSE
Judge Knowles Makes a Ruling
of Much Importance.
SARSFIELD DAMAGE SUIT
Demurrer Sustained in the Cattle Case
of NARROW VS.. the Home Land &
Cattle Company-Designated
the Banks and Papers.

Special Dispatch to the Standard.
Helena, Aug. S0.-Judge Knowles to-
day passed upon two cases that were
recently submitted to him upon demur-
rer. One was Sarsfield VS.. the Great
Northern railway, a suit in which the
parents of Martin Sarsfeld. who was
killed at Troy in 1896. seek damages in
the sum of s20.c0o. The company de-
INJURED on the &, ound that the parents,
who live in Ireland are nonresident
aliens and not entitled to the benefits
of any Montana law permitting the
heirs to prosecute for damages for the
killing of deceased relatives.
Judge Knowles, in written opinion,
overrules the demurrer. The court
quotes a federal decision 10 show that
the parents are in every sense heirs,
and says: 81 see no reason for estab-
fishing a different rule under the Mon
tana statutes: the father and mother
of a deceased child under the laws Of
Montana would be as much entitled to
the terms as his widow"
The court cites another Montana sta
tute to the effect that IL a descendant
leaves neither issue nor wife nor hus-
and mother. Although this statute does
rot embrace parents who are aliens.
there is another provision by which
succession can be established within
five years A Colorado decision is
quoted that a nonresident alien may
claim the right to succession or may as
sign the same.
Under the construction given ] am
satisfied" says Judge Knowles. that
the plaintiffs would be classed as heirs
of the deceased. Under the statute
father and mother We're capable of in
heriting from their son If they make
claim for that purpose within seven
years. They are the heirs of Martin
Sarsfield they meet the terms of the
statutes. although they are aliens"
The courts ruling upon the demurrer
is of more than usual Importance, since
the question raised by the company as
70 the right of aliens under the allega-
tlons is practically a new one in the
courts of this country. as was an
Eounced In the Standard at the time
the demurrer was argued The case
VIII be tried now, and in the case Of
an adverse verdict the company will
"aise the same question with the cir
cult court of appeals.
The other demurrer was i'm a case
quite as important, Mcnamara a Mar
low VS.. the Home Land q Cattle com
pduS, all dtllOn ibf lne SpeGlflC en-
forcement of contract. The plaintiffs
purchased the different brands of cat
tie owned by the defendants. more than
1000 head, the contract specifying that
the defendants would forfeit 500 per
head for any deficiency if the number
of cattle turned over to the plaintiffs
fell under the contract number. The
plaintiffs claim the defendants have
not lived up to their contract. as they
have not delivered the required number
of cattle there being a shortage of
more than 1000. Plaintiffs have taken
some of the cattle for which they have
not paid claiming that the forfeiture
money should apply on the amount
due. These cattle are in the hands of
a receiver appointed by Judge Du-
bose.
After reviewing the case Judge |
Knowles sustains the demurrer, hold |
ing in the main that the bill Of COM
plant does not specify with sufficient |
clearness the cattle i'm dispute so that /
under a decree Of court an officer could /
take charge of them. The Home Land /
& Cattle company also set up that the /
forfeiture part of the contract was 4
void, but the court does not coincide /
with that contention. In conclusion, /
Judge Knowles says that the question 1
of damages involved is one of fact /
rather than law. The case will be an
one when it come to a
trial.
The court to-day designated the pa
pers in the four bankruptcy districts.
In which the advertising growing out
Of new bankruptcy law shall be pub
lished. as well as the banks in which
the funds received during the settle
ment of the bankrupt's affairs shall be
deposited. For the latter the Ameri-
can National Of Helena: the First Of
Butte the First of Missoula. and a
bank to be hereafter named in Great
Falls, are designated.
f. w. Beattie, jr., Of this city was
admitted TO practice in the United
States courts
After disposing of these matters. |
,ourt adjourned until the November
erm. The September term at Butte
will commence Sept 6.
DARK AND E0RR0DING-