The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-17

re~pudiated the lease. Bray was his
bondsman. Another suit was by Lynch
against Bechtel alone to recover dam
ages sustained I'm addition 10 the
amount due as rent for h reason that
the defendant did not comply with his
contract to heat the Lynch block ana
IL became necessary for the plaintin 10
construct a heating plant, etc, after
the building was completed, To employ
a stoker, expend money for fuel. etc.
The court ordered judgment in favor OF
the plaintin and against the defendant
for 81. 50S.0 as damages. divided as roll
lows: Fuel. s9l5; stoker. S626; water
rent, S242.9l; papering and kalsomin-
ing. $3.50: interest at 10 per cent on cost
of heating plant from April i, 1894, TO
June !, 1898. s414.16.
In the case of the Montana Bill Post
ing and AID Sign service against w. r..
Kendrick and the City Bill Posting
the demurrer of the latter
company was sustained. and the de-
PENDANT. Kendrick. was, during the
| tendency of the suit. enjoined and re-
strained from engaging in the bill post
ing business, either in person or as the
managing agent of the city Bill POST
ing company.
In the case of the Montana ore Pur-
chasing company against the Boston
& Montana Consolidated Copper IL Sill
yer Mining company, the court deeming
| the judgment lSneu III the dtAl'h SUI
fcient. declined TO sign the proposed
amended decree submitted by the
plaintiff.
In the case of the state of Montana
ex rel. Frank Boucher against II. II.
Regain, sheriff. the latter had refused
to execute n sheriff's deed to Boucher,
the redemptioner of property sold un-
der n mortgage executed in the year
1891 and recently foreclosed, his objec-
ton being based upon the claim that
the mortgagor had a year in which to
redeem and that il was not incumbent
upon him to execute n sheriff's deed
at the request of the redemptioner
after the expiration of six months. or
until after the expiration of a year.
The answer of the sheriff admitted the
allegations of the complaint. The
| court, after having considered the mat
ter. which was submitted without ar
gument, ordered that a writ of man
date issue requiring Il. ii. Regain, as
sheriff of Silver Bow county, to exc
cute and deliver to the relator a deed
to the property mentioned and de-
scribed in the affidavit and petition for
writ of mandate.
Motion to dismiss appeal in the case
of Frank Uren against Arthur Thomas
was sustained.
In the case of Gregory NJ. Lyons VS..
Home Investment * Realty company,
a motion to strike the demurrer from
nv lIlfS a oNNiI HltAAs ~
a moved to strike because the de-
murrer had not been served upon him
or upon his attorney.
In the case of Mollie Withers VS.. S. V.
Kemper. the first. second, fourth n
fifth proposed amendments having
been by consent allowed, the other pro-
posed amendments to the proposed
statement on motion for a new trial
sustained as to the third ground there
of only; n the statement on motion
for a new trial settled. allowed and or
dered filed as so amended.
In the suit of Phillip T. Leonard
against the city of Butte the proposed
amendments to the statement on mo-
ton for a new trial were adopted. and
the statement as amended vas settled
and allowed as correct. n
A number of probate matters were
also disposed OF.
The annual account Of Charles w.
GoodaIe, guardian of Francis Arthur
and Geraldine Linforth, minors. was
settled. allowed and approved.
The objections to the appointment Of
william Recksick as administrator of
the estate of John Wasosky, deceased.
were sustained and letters ordered is
used TO Joseph Weyerhorst. His bond
was xed al $500.
A decree of distribution of the estate
of Margaret J. Daniels was signed: also
an order of hna discharge of the ad-
ministrator OF the estate of Bridget
O'Shea, deceased.
An order authorizing the sale OF two
lots on Quartz street belonging to the
Wampler minors was signed, the sale
to be made at public auction after CIV
ing the requisite notice. The bond was
placed at $500.
A decree of distribution of the estate
of ]. IL. Duval. deceased. was signed.
A petition for an order of sale of the
real estate belonging to the estate of
A. J. Marchand, deceased. was denied.
The petition of the Administrative OF
the estate of David Sterritt for leave
to cancel judgment and execute a re-
ceipt to the sheriff therefor before pay
ment made was denied.
A number Of claims against the =. A
Largey estate, which We're passed or
and allowed by the administrator. have
been disallowed by the cour for tn,