The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-21
IN PLAINTIFFS FAVOR
A Verdict Rendered in tho
Chauvin-Fant Case.
ADDED THE COSTS
But the Judgment Carried 1894 Only.
An Exception Taksn-A Counter
Amdavit Filed In the
Hill Case.

The trial Of the furniture company
case. In which the West Side Uphol-
STEERING company was plaintiff and the
Chauvin-F FAINT Furniture company de-
PENDANT, was concluded In Judge Clan
cy's court yesterday morning and re-
suited in q verdict for the plaintiff for
the amount of the balance admitted by
the defendant to have been due the
plaintiff. An interesting question as to
foreign corporations was brought up
on a motion for q non-suit interposed
by Chancellor O'Donnell at the close OF
the plaintiffs case. The motion al
legged that all the material evidence
and testimony offered on behalf OF the
plaintiff have been excluded by the
court: that the plaintiff has offered no
legal evidence and that there 10 no evil
dence or testimony before the court on
behalf Of the plaintiff to sustain the
allegations Of the plaintiffs complaint.
O'Donnell argued that the assignors
of the plaintiff. being foreign corpor-
atoms. had no standing in court. as II
had not been shown that they had COM
piled with the laws of the state. The
defendant company. however. had en-
tered into a stipulation with the plain
till recognizing the lain u on and
had paid a considerable sum on them.
Judge Clancy therefore ruled hat the
defendant was not in position to raise
the question as to foreign corporations
and overruled the motion for a nom
suit, the stipulation referred to having
been introduced in evidence. The de-
PENDANT had no testimony to offer and
the court gave judgment for the
plaintiff for the sum that was undis-
puted, amounting only to 1854 and
costs. O'Donnell called the courts at
tention to the law. which provides that
costs do not follow a judgment where
the amount of the judgment is less
than $50. Judge Clancy, however. said
his Judgment for costs would stand.
Inc the attorney could TAX an excep-
ton. which ne did. Section 1883 of the
Code of Civil Procedure. relating to
that question, says: mo costs can be
Above in an action for the recovery
of money or damages hen the plain
tiff fails to recove more than $50, nor
of personal property when the value OF
the property Is not more than $50"
Deputy County Attorney Dan Yam
cey yesterday made and filed a counter
afndavit { the claim of Ebert Hill. a
witness in the case of the state against
George Baum. for fees for the time he
was held in the county Jail. The at
torney says Hill has compromised his
claim and settled with the county for
so. and, further, that he was detained
in Jail at his own request. and threat
med TO leave h state before his trial
II he was not confined In the jail. Mr..
Yancey says Hill simply desired to be
locked up i'm jail for the purpose OF
drawing fees as a witness.
Judge Lindsay's calendar for to-day
contains the following matters:
Estate of Finley Mcneil, petition for
letters: estate of w. F. Jordan, return
of sale: estate of Alfred Boyer. set
Element of account: estate of John T.
Cushing. settlement of account n
final discharge: estate OF Annie Pooler,
petition for letters: estate Of George
Pooler ct al. minors. petition for let
tiers; estate of d. d. Ethel Calder
Pooler. petition for adoption; estate Of
Ellen NJ. Smith. petition for letters.
Margaret A. Robinson VS.. Ellen
Walker, order to show cause.
Sampson Beer VS.. l.. Lienemann ct
al, motion to re-tax costs.
Frank Cooney VS.. city of Butte ct al,
order to show cause.
z. r. Brookman VS.. Montana Liquor
company. motion to dismiss.
Hiram Wolford VS.. Mary H. Bottego
ct al. demurrer.
The following matters are set for
hearing In Judge Clancy's court this
morning:
state VS.. Andrew schasser. plea:
state VS.. Kate Thomas. plea; A. II.
West VS.. Emma West. plaintiffs
proofs; T. S. White ct al. VS.. J. A. Leg
gait ct al. demurrer: Nora Finch VS..
Loran Finch. demurrer: II. NJ. Boyer
VS.. Charlotte Cassidy ct al, motion for
judgment on ~pleadings; Ludwig
Strucher ct al. vs.. ]. A. Murray, de-
murrer; c. A. Plumley VS.. Mary
Plumley, motion for alimony.
A default was entered in the case Of
the Butte Hardware company against
Jessie c. Knox. and the proofs will be
heard by Judge Clancy to-day. Sew
eral cases which had been set for trial
yesterday were passed to the foot of
the docket.
A suit OF J. W. Holmes against Rob
ert Koenne and Theo. Walker was tried
before Judge Lindsay yesterday after
noon without a jury. Holmes furnished
some stone for the Lennox block. on
which he claimed to be due q balance
of S1s9. 10, and he sued to foreclose ar
Indebtedness of $37.e2. The court tool
the matter under consideration.
Judge Lindsay will hold cour this
morning. as there are three jury case.
for trial which have been crowded I'VE
by the Ramsey-Burn trial.
Maine souvenir spoons given ava,