The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-12-30
ANACONDA news.
N He DISTRICT COURT
Juds Brantly Cleaning Up Odds
and Ends.
CITY DENIED A NEW TRIAL
Noon In the May Damage Case over
ruled-Grist of Probate Matters
Disposed OF Judgment
by Default.

here was a session Of the district
cart yesterday at which considerable
rntine business was disposed Of. Sew
ehl probate matters were heard and
cders made. There viii be another
sssion of court to-day.
In the case Of w. b. May against
he City OF Anaconda, the motion for
new trial made by the defendant was
yesterday overruled. In this case. IL
win be remembered. w. b. May sued
the city for $40. 900 damages claimed to
have been sustained by reason OF
breaking his leg by running over a
boulder in Pin street. which II was
claimed the city negligently permitted
TO remain there. Upon the trial of the
case. the jury returned a verdict for
the plaintiff for $780,
The grounds upon which the motion
for a new trial was based were that
the court erred in instructing the jury.
and also in refusing to permit certain
questions to be answered; that the
amount of the verdict was excessive:
and that the city could not be held
liable for injuries sustained by any
person on a street which was not open.
The plaintiffs proofs in the divorce
suit of Mary Stephenson against John
r. Stephenson were heard yesterday
by Judge Brantly and the divorce was
granted. Mrs. Stephenson testified
that they were married in 1866 in Wis
consin: that. four years ago. while liv-
ing in Nebraska. the defendant a
gone away and left her without cause;
that she did not know his present
whereabouts but believes that he is
somewhere I'm the state OF Washington.
She has a daughter IA years Of age.
~ -.
daughter for four years by her own
labor.
John Claybaugh testified that he lad
known Mrs. Stephenson for three years
or more. and corroborated her state
ments with reference TO earning her
own living.
In the matter Of John Stegne. de-
deceased, the administrator John
Barich. rendered his final accounting.
After all claims had been paid there Is
left s6s which will be ivide among
the four legatees, who reside in the
old country.
In the matter Of the estate Of -. VI.
Dunkleberg. relative TO the claim Of
j. F.. Coleman. the attorney for the
claimant waived all claims to a pro rata
under the first partial distribution, and
ii was stipulated by the attorneys for
the administrator and claimant that
the claimant shall only share pro
rata in the distribution hereafter TO BE-
made. The same action was taken re-
specting the claim Of Fred Carey.
In the matter OF the contested viii
Of Hugh Whitcraft. the hearing was re-
set for Jan. 20. instead Of Jan. 3.
In the matter Of the estate of A. II.
Mitchell. the hearing Of the petition
for probate Of will was set for Jan. 30.
In the matter of the guardianship Of
w. ID. Mitchell, the hearing was set
for Jan. 30.
In the matter Of the guardianship Of
Norman Vaughn. a decree was signed
settling the account.
In the matter of the guardianship OF
Mahle Beaumont ct al. a decree Of
settlement OF account was signed.
In the matter If the estate Of p. c.
Patterson, a decree OF settlement Of
final account was signed.
In the matter Of the estate of Hugh
Whitcraft. a decree Of settlement Of
account W. igned.
In the case 81 Glenn against Moss. the
setting heretofore made was vacated IN
by stipulation IL was agreed that the
cause shall be passed for the mex
term.
In the case Of J. w. Moss against
John De Buhr. ct al, the appeal case.
the defendants were allowed to with
draw their answer filed i'm the justice
court and granted leave to file a de-
murrer.
In the case of J.. W. Moss against the
Mammoth Gold Mining company de-
fault was ordered entered for plaintiff
and judgment rendered for the amount
named in the complaint. Moss sued
the Mammoth company for si37 due
for teaming.
An action was commenced yesterday
in the district court by the Anaconda
Copper Mining company against the
Mammoth Gold Mining company. The
complaint alleges that between June 1
and Aug. 4. 1898. at Butte. the plain
tiff sold and delivered to the defendant
goods. wares and merchandise of the
value of S477.30, for which sum. to-
gether with interest at 10 per cent. per
annum. judgment is asked. II. r.
whitehill Is attorney for the plain
tiff.