The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-27
IN THE DISTRICT COURT
A New Trial Denied in the Tim
othy Nolan Damage Suit.
MOTIONS PASSED UPON
The Thornton Thomas Mercantile Com
!, pany Receivership in Court Again.
Petition From Lutey Brothers for
Return of Purchase Money.

Petition From Lutey Brothers for
Return of Purchase Money.
Judge Lindsay yesterday morning
passed on number of matters that
| had formally been submitted to him.
Among the matters decided was mo-
ton for new trial in the case of Tim
othy Nolan against the Montana Central
Railway company, which was overruled
The suit was tried before jury last
fall and resulted in a verdict for the
plaintiff in the sum of $4,000. Nolan
was injured at Woodville in November
1885, being struck by a cable used in
unloading gravel trains. The railway
| company asked for a new trial on the
ground of insufficiency of the evidence
to justify the verdict, and claimed that
the damages awarded We're excessive.
In the case of Joseph D. Hanigan
against Bernhard Berg, suit tried be-
fore Justice of the Peace Hayes at Greg
son Springs, the court overruled the mo-
ton to dismiss the appeal, it appearing
| that a sufficient undertaking on appeal
had been filed before the hearing of the
| motion to dismiss The motion for a
change of venue was also overruled.
The motion of the plaintiff for judg
| ment on the pleadings in the case of
James G. Hill against Charlotte Cassidy
| was sustained by Judge Lindsay.
| The court allowed James J. Thomas to
file an answer in the case of Ralph A.
Louis against him ON the showing that
the defendant had been unable 10 file
his answer within the time allowed by
law by reason of his being called away
| from Butte on account of the death of
his brother.
The suit of the Independent Publish
| ing company against r. koenne was
a mr. ind ami as-n nr6n
in favor of the plaintiff for $35. rs. being
about S. more than Koenne admitted to
| be due the plaintiff.
In the suit of Ellen G. Cornue against
Henry A. Root and others, the court, on
application of the plaintiff, appointed
John HI. Leyson to. take charge of the
/ property described in the complaint and
| authorized the receiver to collect and
| retains the rents for the use and bene-
fit of the parties to the action. Mr.. Ley
/ son was required to execute q bond in
| the sum of $4,000.
Judge Lindsay .overruled the demur-
rer to the complaint in the case of Fred
Is. Puddington against John O'Rourke
/ and others.
The statement on motion for new
trial in W. II. Patterson against w. G.
Pfouts was settled and allowed.
The guardian of John and William No
/ Ian, minors, was authorized to sell Ger
tain real estate belonging to the minors.
The report of the commissioner in the
/ William Shields estate was approved,
| and the request for leave to withdraw
| petition for partition granted. A decree
of distribution of the estate was also
| signed
An order of final discharge of the adj
ministrator in the estate of Joseph AL,
4 version was entered.
The final account of the adminiStra-
| tor of the estate of Alexander Younie,
/ deceased, was settled and allowed, and
an order for the distribution of the es-
/ tate signed.
The annual account of the admins
] tratrix of the estate of John f. Kelly
deceased, showing receipts of $95,7os.S9
and expenditures of $S5,5S9.91 was set
| tied and allowed.
The annual account of John F. Forbis,
executor appointed by William ]. Nc
| Namara, deceased, was also settled and
| allowed, and the action of the executor
| in paying the claims of certain creditors
approved. The receipts of this estate
We're $6s,497.57 and the expenditures
| $66, 657.87.
The Thornton Thomas Mercantile COM
pany receivership case was up again
/ before Judge Clancy yesterday on the
/ petition of Lutey Brothers for the re-
| turn of the purchase money they paid
the receiver for the stock Of goods. The
receivership was afterwards set aside by
the supreme court and the Lutey Broth
ers' money was attached by Clark &
Brother, creditors of the Thornton
Thomas company. Their petition for the
return of their money was resisted by
Thompson Campbell and Alex Laist at
torneys for some of the stockholders of
the company and the receiver, but the
court sustained the position taken by A.
j. Campbell. attorney for the Lutey
Brothers, and made an order that the
ex-receiver return the money and would
/ N at ~ hn az ap y1a Ia
swer to the petition.
Sarah Cross was yesterday granted
divorce from her husband, r. H. Cross,
on the grounds of cruelty and non
support. She testified that they We're
married in San Francisco on Aug H.
1889, and have three children. For more
than three years the defendant has con-
tributed nothing to the support of his
wife and children. Mrs. Cross said ner
husband frequently falsely accused her
of unchastity and said he believed that
some other man was supporting her
Several times he drew gun on her and
threatened to kill her. lie also threat
ened to commit suicide if she did not
support him. Mrs. Cross said she was
afraid of him and could not live with
him any longer. Her sister corroboratea
Mrs Cross testimony, and the court
granted the divorce and gave the plant
if the custody of the children.
The following cases were set for trial
by Judge Lindsay yesterday:
March IS. ]. Cummings ct al. VS..
Andrew Schasser, Thomas T. Baker VS..
board of county commissioners. county
of Silver Bow VS.. john Weston, Z. L.
Wilkins VS.. Anna NJ. Westiake.
March S-H. II. Hare VS.. George
Baker, Oscar L. Baer VS.. NJ. Meyer, Levi
Price VS.. James Mercher ct al.
March an. Meyer VS.. NJ G. Cohn,
I. J. Bordeaux VS.. John Mccormick.
Tracy Lenhart VS.. John Lange ct al.
4. t. Brookman ct al. VS.. Montana
Liquor Co. ct al, William NJ. Bowen VS..
board of county commissioners, Jay NJ
Latimer VS.. Art Bedstead Co.
March 10-J. E. Healy VS.. Al Saner ct