The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-11
LAWYERS AND LIT|GANTS
A Question a. to the Jurisdiction
of Justice Courts.
VARIOUS SMALL CASES
One Suit Dismissed on the o That
the Transactions Between the Plain
tin and Defendant Were Viola
tive OF Public Morals.

promised to be a very import
ant lawsuit; came to an end in Judge
Lindsay's court yesterday for want OF
prosecution. 1t was a Justice court APP
peal case I'm which J. III. Leyson was
plaintiff and Colonel James Brown de-
PENDANT. The plaintiff got judgment for
a small sum in a South Butte justice
shop against the editor of the Times
and the latter took an appeal in order
to test a point OF law hat is OF great in
terest e all small litlgants. Both the
plaintiff and defendant are residents Of
Silver Bow township. where the cause
Of action arose. but the suit was
brought md prosecuted in south Butte
township. IL was not sent there on a
change of venue. Colonel Brown and
his attorney. as well as other lawyers.
contend that actions arising in one
township. where all the parties tn IL re-
ride. cannot be Instituted I'm a court Of
another township. and II was purposed
tn take the casc through the higher
courts for a decision on that point. The
case was set for trial in the district
court in the absence of Mr.. Browns
attorney, who is in Omaha, and Mr..
Brown knew nothing about the case
having been set until he was informed
yesterday that IL a been dismissed
fer want Of prosecution. An effort will
be made to have II reinstated.
Another suit in which a question OF
public morals vas involved was up for
trial before Judge Lindsay yesterday
and ended in a non-suit. Mildred Miller,
a former "boarder" of Grace McGin-
Miss, the proprietress of an establish
ment Of ill-fame on Mercury street. left
the joint without the consent of the
landlady and the latter froze onto her
wardrobe. A replevin suit VAS brought
in a justice court and got up To the dis
trict court. Testimony for the plaintiff
was introduced. during which the ma
ture of the business between Miller and
McGlnniss was brought out. and then
Attorney Thresher. who represented the
defendant. moved for a non-suit on the
ground hat the transactions between
the parties was against public policy
and good morals and that therefore the
action could not be maintained i'm the
court. The motion was sustained. The
law Of the matter gives the 'land-
ladies'" a dead cinch on their board
ers."
In the mining case of JOIN Archibald
against J. II. Vivian and others a notice
of Intention to move for a new trial
was filed in court yesterday by the de-
PENDANTS attorney, The notice alleges
insuficiency of the evidence to Justify
the verdict and special findings of the
jury and errors OF law occurring at the
trial.
In a suit of J. II. Sullivan against DIR.
Dogge. an action for rent, the jury re-
turned a verdict for $50. The case oi
Bridget Hurley against Walter Melon
aid and others was dismissed. In the
divorce case of NJ. G.. kearns against
Emma Kearns an order for the publ
cation of summons was made. The de
PENDANT is a resident of San Francisco
A suit OF Louis Hetu against Jus.
tice of the Peace Ducle and his bonds
men was tried before a jury In Judg'
Lindsay's court yesterday and resulte,
in a verdict for the plaintiff under in
structions of the court. Hetus had sue,
j.. +. McEvoy i'm Ducie's court for wage!
due him and compromised for $50. which
was paid to Ducie. and he kept II Il
await the result of another suit in which
Hetu was defendant. He claimed tina
he acted under an agreement OF the at
torneys, but the law did not sustain hin
and at the conclusion of the testimon!
the court, on motion OF Attorney Car
roll, instructed the jury 10 return a yer
dict for the plaintiff.
In the suit Edouard Berthemel agains
George Holbrook and a number OF 9th
ers to get possession Of some propert!
at walkerville. job McGrath, May A
Curtis and Ellen Lee. defendants. yes
terday filed separate answers AM
pleaded the statute Of limitations.