The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-19
4 RECEIVER IS REFUSED
Judge NApton Declines to APP
point One for the Gold Coin.
NO POWER IN THIS CASE
Court Can Not Appoint q Receiver for q
Corporation at the Instance off
" Private Person Who Is q
General Creditor.

MacCallum & Cloutfer to secure the
appointment of receiver for the prop
herty OF the Gold Coin Mining & Milling
company, which the firm has attached
lin suit for $4,475, but was defeated.
Judge Napton, in the district court, de-
Eclined to appoint receiver Tor the
reason that the plaintiffs were the
only general creditors of the defend
ant and had only lien upon the prop
Serty by attachment, and that although
1.-THE defendant is a corporation and
stated in the complaint to be insoiVent,
under the authorities the court mas
no power to appoint a receiver or the
property Of an insolvent corporation at
HI the instance Of a private person.
MS It was set forth in the affidavit OF
kA. G. MacCallum, filed yesterday in
support Of the motion for the appoint
ment of receiver, that under the at
tachment the property of the mining
company is closed down; that If It re-
\ mains unoperated the shafts will pe
flooded and great damage done; tnat
#the mining company is insolvent; that
h there exists in the hands Of trustee,
Y whose name is not given, trust deed
TO the property given to secure the
# payment Of $4,000, which is a lien
upon the property; that the affiant has
reason to believe the creditors to whom
the appointment of a receiver, and that
III il the mine continues to be closed
down these creditors will foreclose.
Vi The matter was argued at length be-
fore Judge Napton and resulted in the
decision given in the foregoing,
The lien of $4,000 on the company's
property is a prior lien on all the real
- NV
u mas been attached, together with the
personal property, in the suit Of Mac
4 Callum & Cloutier for $4,475 and that
II Of the Butte Hardware company Tor
$3.50, the lien would stand prior to these
claims, SO the attachments are good
il considera BILE. This personal prop
erty embraces a large amount Of gold
ON the plates, a. great deal of unmilled
spre. machinery, quantity OF WOOD
and other articles.
# The realty Of the mining company is
described as follows: The Golden sun
rise quartz claim, the Gold Dot quartz
the Little Jose quartz claim, the
Phoenix placer claim. the Star
light Fraction placer claim, the
Black Prince placer claim. the Pine
Squirrel placer claim, the Bob Cat
Quartz claim, the White Rose Fraction
3 III,
fourth interest in the Red Rose quartz
claim, the Eagle placer claim all Of
the interest of the defendant in the Red
Rose quartz claim. the Venus quartz
claim, the Sunnyside quartz claim and
the Keystone quartz claim.
In addition to the claims against the
property enumerated above, there are
several thousand dollars of labor
claims which will have to have hear
ing. About rs men each have due them
About a months pay, or a total OF
ABOUT $1,000.
Us believed that some arrangement
will be made among the creditors Tor
the working of the mine, for 1t IS pc
Aiieved there is enough gold in the mil
and in the mined but unmilled rock
to pay all the claims except the $4,000
Judge Napton held brief session Of
the district court yesterday. PROBATE
business chiefly was transacted.
The hearing of the final account ane
report of the special administrator o!
the estate of Hugh Whitcraft was SCI
for December 2.
An order approving the sale Of per
sonal property TO the estate of +. NC
Ginley was signed. Permission wa
granted to pay so per cent. of the hrs
and second-class claims against the es
tate.
In the matter of the guardianship
of the Mckinley heirs, J. B. Williams
Frank Foskett and ]. Fitzpatrick wef
appointed appraisers.
The receiver in the case of Hougl
against Gilbert was granted permission
to pay taxes and cost of repairs on tn
property in his possession.
The demurrer in the case of MacCal
lum & Cloutier against Thomas l.
Bouef and wife was continued to mex
Saturday.
In the case of Anna Collier agains
John Fitzpatrick, the answer was with
drawn and judgment entered for $22F
the plaintiffs to pay the costs of judg
ment The court signed the order sal
isfying the judgment.
The bond of the administrative of tn
estate of Jean Dargent was filed AMI
approved.
IN the matter of, the estate of r. G
TerriI, proof was made of the deaf
of NJ. A. Terril, the Administrative, an
William Jones was appointed admin
istrator. His bond was fixed at $500.
Letters Of administration on the es
tate of Eliza Dingle were ordered is
sued to A. NJ. Walker.
IN THE CHURCHES.