The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-12
ANACONDA NEWS.
NO INJUNCTION ISSUED
Judge Brantly Hears the Flood
VS.. Yelverton Case.
OTHER MATTERS IN COURT
A Batch of Prisoners Charged With
Criminal Offenses Are Arraigned
and Attorneys Appointed to
Defend Some of Them.

In the district court yesterday Judge
Brantly heard the arguments presented
in the case of Charles Flood VS.. w. E.
Yelverton. This is the action involv-
ing the construction of the Flood three
story block at the corner of Park ave-
nue. and Oak street. The plaintiff asked
for an injunction. alleging that MIR. yell
verton, the contractor engaged in con-
structing said building, was not doing
so according to the plans n specifi-
cations. The plaintiff accordingly asked
Judge Brantly to issue an injunction
restraining the defendant from continu-
ing with the erection of said building.
The court heard the application yester-
day morning. Messrs. Sawyer q Walsh
appeared and argued in favor of Mr..
Floods side of the case, and j. h. Boar
man resisted the application on behalf
of Mr.. Yelverton.
After hearing the arguments on both
sides, Judge Brantly denied the applica-
ton and refused to issue the injunction.
He held that should he issue an inJunc-
ton 1t would annul the contract exist
ing the parties, and he held
further that the plaintiff had another
remedy. According to the terms OF the
contract it was provided that IL the
building was not erected in any particu-
lar in accordance with the plans and
specifications, then the owner should
be permitted to ngage men and put
them to work making such changes as
might appear to the owner necessary in
order to erect the building in accord
ance with the said plans and speciica-
tons. The contract further provided
that any such work undertaken by the
owner could by him be charged up
against the contractor and be deduct
ed from the contract price OF the build
ing. Having This remedy provided, the
Judge appeared to think the plaintiff
should take advantage of 1t and not APP
ply for an injunction.
In relation to the allegation that the
sureties on the contractors bond had
withdrawn, the court did not consider
that action as setting the contract aside.
A man might go security for another
on a promissory note, and because the
Andersen served notice on the holder OF
the note tina he had withdrawn from
the note, that would in no wise affect
the responsibility of the security upon
the note. A bondsman, ETC., cannot get
rid of his responsibility that a Sim
ply notifying the parties interested that
he will no longer remain on a bono does
not of itself release the bondsman. AS
before stated. the injunction was de-
MED.
Other business lone in court was as
follows:
G. G.. welch VS.. T. B. Mannix. BY
agreement the demurrer to the COM
plant was overruled and the answer
fled and the case set for hearing Au-
gust / at 2 o'clock p. m.
Joseph Lalonda VS.. Joe st. Jean. Mo-
tion to dismiss appeal argued and sub
mitted.
The state of Montana VS.. Harry C.
Fisher and Walter Fisher. In this case
the defendants are charged with on or
about June /, 1898, defacing the brand
on a mare belonging to Thomas Thomas,
with the intention of stealing the ami
NAL The defendants appeared in court,
and, through their attorney, Edward
Scharnikow, waived the reading of the
information and pleaded not guilty. The
court fixed their bonds at $500 each.
The state of Montana VS.. Patrick Dill
lon. In this case the defendant is
charged with having committed, on
June IL, 1898, a criminal assault upon
the person of Selma Erickson, a child
IL years of age. He was arraigned in
court and upon stating he had no at
torney to represent him, the court APP
pointed C. M. Sawyer to defend him
The took the statutory time
in which to plead.
The state of Montana VS.. William
Kidd and Edward Walsh. TIL defend
ants i'm this action are charged with
burglary in entering the dwelling OF
John =. Mccarthy and carrying AVA
certain goods and chattels. b. +. Mar
den was appointed by the court to de-
fend both the defendants. They ther
waived the reading of the information
and took the statutory time in which tc
plead.
Anton Brass VS.. William Kloeden. De.
murrer submitted.
Peter Vincent VS.. Gordon c. Vineyard
ct al. Motion to appoint a receiver sub
mitted.
Thomas NJ. Parker, al native of Ire
land, was admitted to full citizenship o.
the United States.
There being no further business, courf
adjourned until July % at 10 O'CLOCK
q. m.