The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-15
BILL POSTERS FIGHTING
Knights of the Paste Bucket APP
peal to the Courts.
LOW GRADE PROPOSITION
It's So Low in Front of His House That
Less Says He's Worth $500 Less
Unless the City Divvies Up
More or Less.

The city bill posters are again in
trouble among themselves and yester-
day w. E. kendrick and c. A. Har-
nois. partners, brought injunction pro-
ceedings in the district court against
w. T. Dair. to prevent him from doing
business in Butte or the county of Sill
Yer Bow. The complaint in the case al
leges that on June 20, 1895. Dair en-
tered into an agreement in writing with
Fred 'Kerth that he would post no bills
i'll Silver Bow county for a period of
five years. On Dec. Z, 1896, Harnois
bought kerth's rights under the agree
ment with Dair and later assigned IL to
Kendrick & Harnois. In violation of
the agreement, it is alleged, Dair is
now engaged in posting bills To the If
reparable injury Of the two plaintiffs.
1t is alleged that he is insolvent and
unable TO respond in damages and that
the only remedy the plaintiffs have is
to have him enjoined. Judge Clancy
granted "a temporary restraining order
and set the order to show cause for
hearing tomorrow afternoon.
The city of Butte was made defend
ant yesterday in another suit for dam
ages on account of the change of grade
on East Broadway. The plaintiff is
Andrew Less, the owner Of lot ., block
4. of the Leggat & Foster addition He
saws in his complaint that he erected Il
two-story dwelling on the premises and
has occupied il as a home. A year or
so ago the city made a survey of East
Broadway and established new grade
and afterwards cut the street down
seven or eight feet in front OF Less
property, leaving his house that dis
tance above the street He says he had
no notice of the intended change of
grade and no agreement was ever
reached between himself and city re-
garding damages. He claims that IT
cost him $175 to change water pipes
after the cut had been made and he
will have to pay out $3.50 to erect wall
to protect his house. besides which his
property has been damaged $500 in 4
reduction Of the market value. and he
demands judgment against the city Tor
$500.
Chief Deputy County Attorney Con-
molly yesterday filed an information
against Frank Moody, charging him
with robbery Moody, after his dis
charge in the Kroeger murder case,
was arrested for completely in the hold
up of the carful of Great Northern
bridge builders at MeaderVille on Feb.
-, 1897 on which he had preliminary
hearing and was bound over to the dis
trict court The defendant has not yet
been arraigned under the informa-
ton.
Judge Lindsay yesterday heard ar
guments upon the demurrer tothe conf
plant in the case of John j. Lynch
against Dan TeWey and sustained the
| demurrer. The suit was brought TO OBJ
| tain judgment against Mr.. TeWey for
81, 100 for the loss of two trunks con-
| tanning laces, French shawls ladies im
| ported aprons and the like, which
Lynch claimed had been left with the
defendant at the Southern hotel in 1898
The complaint which was filed in court
last October. alleges that the defendant
SO negligently and earelessly conducted
himself with respect to he goods that
they were lost. The defendant de-
INJURED to the complaint on the ground
| that it did not show the nature of the
| doodle or state whether the defendant
/ was sued as an innkeeper or warehouse
man. the statutory degree of liability
| being different in the two cases, and
further. that the complaint did not suf-
heiently describe the laees' lost or al
lege that any demand was made for
their return.
The demurrer was argued by J. 7.
Baldwin or the defendant and Louis
?. Forrestell for the plaintiff.
demurrer and motion to strike in
the case of $. f. Fitehett against the
Silver Bow Meat company. ct al, was
argued and taken under adyisement by
the court.
motion for new trial III the case
of Bennett Brothers company against
| Tam & Fitchett was argued and over
ruled. This is the case involving the
question of the validity as against
third parties of conditional sales of
personal property. The suit was tried
some time ago and resulted in judg-
ment for defendants.
A motion for new trial in the case
| of Timothy Nolan against the Mon
tana Central Railway company was ar
gued and taken under Amusement.
| John A. Cannon, administrators Of the
! John O'Donnell estate, was given 20
days to file amended report of his adj
| ministration.
| The case of Frank Boucher against
| Joseph Barsalou, ct al, which involves
| the title to some real estate, was par
/ TALLY tried before the court sitting
! without a jury and not being conclud-
| ed. was continued until tomorrow
| morning.