The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-01
A DRESSING DOWN.
An Attorney Pe-s the Penalty of Trying
to Give the Court In
sIrucfions.

An Attorney Pe.s the Penalty Of Trying
to Give the Court In
structions.
A young attorney, overcontident in his
superior knowledge of the law. received
a mild dressing down by Judge Lind
say in the district court yesterday mora
ing in the trial of the case of o. j. Work
man against r. Kinds & Co, the paw
ing contractors. At the conclusion of
the evidence in behalf of the plaintiff, J.
+. Hcaiy, attorney for the atfenuants,
moved Tor a non-suit which the court
ovefrued. and In so doing said That the
answer, admitting, as IL did. that $S5.lb
was due to 0lmstead, by Mnom the as
signors OF the plaintiff We're employed
and to whom ne had given written or
ders or assignments, the motion would
not he sustained. The court also stated
that in its judgment the plaintiff mad
claim against the defendants 10 the
amount II the Indebtedness admitted
only, and that the plaintiff acquired no
right against the defendants ny virtue
of the contract they had With the city
of Butte. The defendants also, by their
answer, admitted that they We're willing
to pay that amount Of money to Ohm
stead or his assignors.
As soon as the court had ordered the
motion Tor a non-suit overruled, Mr..
Healy got up again and made the cool
statement that he did not believe that
the court had understood his motion,
and then he proceeded to argue II all
over again When he had concluded,
Judge Lindsay replied that the question
having been ruled upon the trial would
he proceeded with. He said that when
the court passed on a matter attorneys,
as a rule. abded by the decision. He
could not comprehend what reason coun-
sci had in undertaking to enter into
controversy with the court and insofar
aG bp w concerned would
be avoided il possible, but that ii would
not pass without comment the statement
that the court was not we'll aware OF
what it was doing and would say for
the benefit of counsel that perhaps the
judge of the court was in a position to
pass upon matters being heard more
dspassionately than inc attorneys ON
either side.
Witnesses for the defendants We're
then sworn and testified and the court
instructed the jury that the only claim
the plaintiff had against the defendant
grew out of the orders given 10 himself
and his aSsignors by Olmstead the sub
contractor. and they constituted an as
signment of the $S5l4 which Kinds Il
Go. admitted they owed oimstead The
jury then returned u verdict against
Kinds & Co. for the sum above named.
After the verdict was read and ordered
filed the defendants asked for stay OF
execution. which the court granted.
A motion to dismiss the appeal in the
ease of Samuel Dodge against the Par
rot Silver and Copper company WAS ar
gued and sustained. 1t appeared at the
time the appeal was taken the attorney
for the defendants directed Justice of
the Peace Trap 70 deliver the transcript
to the clerk Of the district court as soon
as It was made out. The transcript,
however. was not filed in the district
court for 65 days after the appeal had
been perfected. The appellant contend
ed that ii was the duty of the justice
of the peace To deliver the transcript
within the time required by law. 80 days.
The court held it was incumbent upon
the appellant to see to 1t that the tran
script OF appeal was filed in the district
court within the time prescribed by
statute, and that the justice of the peace
could have been compelled by the dis
trict court TO transmit the papers on
appeal on the motion Of the appellant.
Judge Lindsay also said he considered
the appellant guilty of laches in not
having obtained an order requiring the
justice of the peace to deliver the tran
script within the period allowed by
statute for taking an appeal, and that
if the appellant had suffered by reason
of such failure his remedy was nov
against the justice of the peace and not
against the respondent.
Later In the afternoon the attorney for
the Parrot company obtained an order
from Judge Lindsay, restraining Dodge
and John NJ. Trap, justice of the peace,
from endeaVoring to collect by execution
the Judgment obtained in the case of
Dodge against the Parrot company on
the ground that the judgment had al-
ready been paid 10 Dodge and that
Dodge and the justice were endeavor-
ing TO collect the money over again.
The appeal ease OF A. c, Newell ct al.
against the Butte General Electric com
pany was to have been heard by the
court sitting without IL jury, but coun-
sci for defendant objected to the intro
duetion Of any testimony under the COM
plant. and the objection was sustained
The court allowed the plaintiffs to
amend. but their attorney decided To
ask the court to dismiss the suit, which
was done.
The following cases were dismissed.
Il. Beer rs. John Bundle Il al, o. l..
Bishop ". NJ. Meyer CT al.
The attorney for +. j. Hennessy asked
the court TO amend the judgment rel
dered in the case Of Hennessy vs.. Rous-
son, but the court declined to do SO. and
held thai the judgment as ordered WAS
in accordance with the pieadings.
The report Of the administrators of the
Margaret j. Daniels estate was approved
and n decree signed settling the ac-
count.
The objections 10 the cross-lnterroga
tories submitted by the defendant in the
case If Lee Mantle against p. A. Larges
were oyerruled.