The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-01
THE APPEAL DISMISSED
CASES SET FOR TRIAL
Judge Clancy Called His Civil Calendar.
A Damage Suit Against the City
OF Butts-Ars. J. A. Talbot
Wants Q Boz.

Judge Lindsay yesterday afternoon
passed on the appeal case Of Chief Of
Police Thomas Mulholland against the
board Of county commissioners and dis
missed II. without passing on the ques-
ton of the chiefs right to collect con-
stable fees. In making the order dis
missing the appeal, the court said:
This is ar appeal from an order Of
the board of county commissioners,
disallowing the account of the plaintiff.
which said order was made on Dec. %.
1897. Written notice of appeal from
said order was served on the clerk Of
the board on Feb. q, 1898. The cause
was. on April %. 1898. submitted to
this court on an agreed statement of
facts, which statement stipulated hat
the delay Of h plaintiff In taking his
appeal be waived. The political code
Of the state of Montana requires that
a written notice Of appeal from a de.
cision OF the board Of ounty commits
sioners shall be served on the clerk
thereof within 80 days after the MAX
Ing OF the decisiOn: that provision OF
the statute was not complied with i'm
this instance, and the parties to this
action seek to confer jurisdiction upon
the court by agreeing to waive the
statutory requirement. The require
ment of the statute In jurisdictional
and must be strictly complied with.
and no authority to hear and determine
the subject matter can be given by con-
sent of the parties. The appeal is
therefore ordered dismissed"
In the case of Mary f. Hughes
against Charles w. Goodale, guardian
of the estate of Francis Arthur Lin
forth and Geraldine Linforth, minors,
Judge Lindsay sustained a demurrer
to the complaint.
by this action" said the court, 1.-THE
plaintiff seeks to have her title quieted
to certain real property purchased by
her from Charles w. Goodale, as
guardian of the estates Of Francis Ar
thur Linforth and Geraldine Linforth,
minors. which sale was duly confirmed
by this court. The plaintiff alleges that
by reason of the failure of the guardian
to give the bond which IL is required
shall be given before a sale Is proceed
ed with. a cloud Is cast upon her title.
The bond so required is mainly to in
sure the proper application of the pro-
ceeds OF the sale, and 1t is not claimed
that the wards have received the bene-
fit of the purchase money. The plain
tiff also alleges that since Feb. rs. 1894,
that being the date of the sale to her,
she has been in continuous possession
of the property so purchased, and no
one seems to have sought to disturb or
interfere with her possession. There
is nothing in this action requiring the
courts attention, and no facts have
been set up which necessitate it's inter-
vention. The demurrer to the COM
plant, on the ground that it does not
state facts sufficient TO constitute a
cause of action, is sustained"
In the case of Lulu F.. Largely, ad-
ministratrix, against D.. N. Upton ct
al, the to the complaint was
overruled by Judge Lindsay, also the
motion for a new trial in the suit Of
Mac Thompson against Timothy v.
Lowney, and a similar motion in the
case of the Butte Coal company against
II. A. Harris and others.
In the matter Of the estate of
Michael Flynn. deceased. the objec-
tions to the report of the administra-
trix were sustained. The court re-
\ quired that the report be amended to
show the receipt of the Administrative
of the personal property admitted by
her. upon hearing of objections. to have
been received. The items of expendi-
ture, amounting to ST. paid to the
sheriff for serving citations upon the
bondsmen of the former applicant for
letters, were disallowed as improper
charges against the estate. The ad-
ministratrix was required to file a new
account to conform to the order of the
court within 10 days.
Practically the same order i'm the es-
tate of Sabina A. Hale, deceased, was
made. In that matter the administra-
trix is required to show a receipt of
certain personal property. and the
court disallowed items OF expenditure
pacoccitotad hu tha onp1trotSan ~ Nfa,x,
A. Cusick for letters of guardianship
of George and Alfred Hale. as being
improper charges against the estate.
Judge Clancy yesterday morning
called his civil calendar and set the
following cases for trial:
James A. Murray Va. F. Aug, Heinze.
May is: Fanny Matuesvitz VS.. c.. s.
Warren ct al. May II; w. A. Clark Il
Bro. VS.. the Orc Plata club ct al. May
IS; Omaha Upholstering company VS..
Chauvin-Fant Furniture company.
May 10: Patrick Mullins VS.. the Butte
Hardware company. May 3: state of
Montana ex rel. John E.. Hill Va. WILL
lam Ellsworth ct al, May 10; M. C..
Harris VS.. Sweetwater Coa Mining
company, May 10: E. ". Smalley VS..
F.. Aug. Heinze. May 10; A. Schilling q
Co. We. NJ. q. Cohn ct al. May 20; SAM
uel III. Stewart VS.. Singer MANUFACTURE
ing company. May 20: Nelson McGarvin
We. John Berne ct al. May 2; John A.
Cannon VS.. John A. Leggat, May 90;
Mary c. Sands VS.. John Mccormick,
May 90: q. l.. Mayo vs.. S. j. Reynolds.
May %: A. N. Yoder VS.. 8. j. Rey-
nolds. May IS: Catherine Mcdonald VS..
J. ]. Haggerty, two cases. May "a:
Mark Smell VS.. l.. Z. Cook. May Il:
Frank Catterill VS.. s. j. Reynolds,
May Is; Dave Goldberg VS.. Adolph Pin
Gus. May 20; Ida Petit vs.. Singer
Manufacturing company. May ~: Rose
Scheller vs.. Evan Herbert. May 25:
Charles 6. German VS.. p. A. Gamer
ct al. May 25: Anna W~eyerhorst VS..
Peter O'Hara. May 25: Elias Sieeel rs.
Phoebe Siegel. May %: James Lambe
ct al. VS.. Butte City Water company,
May rs: Schatzlein Paint W..
p. J.. LOTUS. May 26: Mrs. b. ]. LOTUS
VS.. Sam Mcdonald. May IS: J. NJ. Trip