The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-10

A provision of the lease was that in
case of payment of rents Mrs. Nc
Donald could be made to vacate on
notice of 10 days. After Mrs. McDon-
aid had been in possession for several
months she fell behind in her rent ana
without giving her the 10 days notice
Mrs. Knox commenced an attachment
suit. and. during the temporary absence
of Mrs. Mcdonald she took possession
of the premises and remained in pos
session for three or four months, and
the suit for $500 damages was brought
against her by Mrs. Mcdonald. Under
the execution issued on the attachment
Mrs. Knox bought Mrs. McDonalds
rights under the lease for Sc. The ofer
to introduce in evidence the papers in
the attachment suit to show that Mrs.
Knox had possession of the property
under attachment was ruled out by
Judge Lindsay, who said the attach
ment had been wrongly brought in the
absence of the 10 days notice and that
the methods taken to dispossess Mrs.
Mcdonald were not proper. The court
said the only thing the jury had to
do was to determine what damages, If
any, Mrs. Mcdonald had suffered. At
the conclusion of the arguments Mrs.
Knox got up and asked the court if she
could make statement to the jury and
the court told her she could not, but
she made it anyway, and said that she
put in a $1,000 heating plant in the
house and that Mrs. Mcdonald deserted
the house, whereupon she took posses
sion of the house to protect her inter-
ests, and for that she was sued for
damages. The jury gave the plaintiff
a verdict for the full amount sued for.
Nancy L. Featherly has petitioned the
court for letters of administration on
the estate Of her father, John Raley.
In her petition she stated that the en-
tire estate consisted of claim for
damages against the Burlington &
Missouri River railroad, arising out of
the death of Raley through the negli-
gence of the railroad company. Raley
was killed by train out in Nebraska
on the Goth of last October.
In the estate of A. C. White, an ap-
plication was fled in court yesterday
for a commission to take the deposit
ton of the contestant, Rose White, who
is in California.
Henry Mueller petitioned the court TO
be appointed guardian of the person
and estate of Emma c. Wenger. Her
estate consists of $1,000 insurance
policy in the Equitable.
Catherine Burton yesterday COM
menced a suit against r. A. Day and
others for the purpose of establishing
her right and title to three different lots
on the yellow Jacket lode claim. She
says in her complaint that she has
been in possession of the property for
Is years and that the defendants claim
adverse title to it. She asks the court
to require them to set out the nature of
their claim and that they be enjoined
from disturbing her peaceful possess
sion.
Attorney J. z. Healey brought a suit
against James Harkins and others for
$72.1o as an attorneys fee and costs
paid in a suit of Harkins against Nc
Kenna, in which he appeared as attor-
ney for the plaintiff. He says that after
he instituted the suit for Harkins the
latter settled with Mckenna for 500
without consulting him and left him
out in the cold.
Attorney w. I. Lippincott appeared
before Judge Lindsay yesterday and
asked the court to sign an order di-
recting the sheriff to turn over to him
as attorney for Dan Harrington the
Harrington against Phil Har-
rington. Mr.. Lippncott said
he had a claim against Dan Harring-
ton for attorneys fees and wanted to
protect himself, but the court had an
idea that 1t was rather an unusual way
of proceeding to enforce lien for fees
and declined to sign the order.
Kittie Nagues yesterday commenced
a suit for divorce against Scott Nagues
on the ground of non-support. They
were married in Butte on May IS, 1889,
and have one child, boy seven years
of age, whose custody the plaintiff
prays for.
A suit Of Amos Booth against John
MCGoVern was on trial before seven
jurors in Judge Lindsay's court yes
terday afternoon. McGovern is sought
to be held liable for a small debt as
one of the former proprieiors of Bakers
restaurant, and his defense to it is that
he was only a waiter in the place. He
is represented by Attorney W. f. Car
roll. The trial was not concluded YES
terday.
In Judge ClanCys court a suit for |
S372 in which Archibald Smith was |
plaintiff and John c. Conn defendant, |
was on trial when court adjourned for |
the day.
The State Savings bank yesterday |
brought suit against Jacob Dingle and |
others for s3sS.65 and an attachment |
was issued.
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