The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-04
A TAX CONTRACT CASE
Marley and Armstrong Lists in
the Court.
A QUESTION Of LEGALITY
Which May Prove Fatal, Raised by
Judge Lindsay-Several Divorce
Hearings Mrs. Courtney
Gets a Decree.

The Markley and Armstrong tax con-
tract, which has for several years
caused lot of trouble to property own
ers in Silver Bow county, and has fur
nished more or less work for the courts,
was involved again in demurrer which
was argued before Judge Lindsay yes
terday in a suit of James A. Murray
against the county treasurer. In the
Markley and Armstrong list of prop
erty, which, it is alleged, escaped taxa
ton some years ago. is a portion of the
Railroad lode which has been advertised
for sale, but in which the treasurer was
enjoined. by Mr.. Murray. The demurrer
simply went to the suf1iciency of the
complaint and raised the question of the
legality of the proceeding to collect the
tax. During the argument the court it
self raised a question which may prove
fatal to the notorious tax list.
1.-The court will be pleased, before
passing on the demurrer just argued
said the court, "to hear from counsel as
to whether a sale of property, for taxes
assessed years ago and not paid, can
now be undertaken, the view of the
court at this time being that although
the question may not have been pre-
scented for adjudication, still it should
be considered upon the general demur-
rer interposed by the county treasurer;
and being considered, the courts opin-
ion is that property which may hereto
fore have escaped it's pro rata of taxa
ton or a sale for taxes levied thereon,
cannot at this time be sold. The court
will take the demurrer under advise
ment and consider such authorities as
may hereafter be submitted by coun-
sell"
- Judge Lindsay yesterday heard proofs
in several divorce cases. Mary Courtney
was the plaintiff in a suit against
Charles Ebin Courtney, and she testi-
fed that they were married in Ana
conda on the 5th of last January and
four days after their marriage the trou-
Bile began. He spent all his money in
drink and abused her and threatened to
chop her head off. He finally told her to
go, and said he would get another wo-
man. Mrs. Courtney got her decree.
The divorce case Of Annie White
against John A. White (colored), was
up for hearing. The plaintiff was repre-
scented by Gustav B. Aldrich, a colored
lawyer. Mrs. White testified that she
had been resident of Butte for IA
y
defendant on the 18th day of July, 1885.
She stated that at various times the
defendant cursed and damned her and
said a whole lot of mean things to
her, and also beat her with his fists.
From her testimony and that of
friend it was shown the defendant had
not contributed anything to her support
since marriage. She was granted a Ill
vorce and allowed to resume her maiden
name of CaSSa ndra Harper
In the divorce case of Joseph Merrick
against Clementine Merrick, the case
in which the plaintiff was compelled to
marry the defendant to escape prosecu-
ton for seduction, and then immedi-
ately brought suit for divorce on the
ground OF adultery, the defendant yes
terday filed her answer asking that the
PLAINTIFFS suit be dismissed. She denies
that she ever committed adultery with
George White or anyone else and says
she has been a true and good wife to
the plaintiff, but that he deserted her
without cause.
The following cases were set for trial
by Judge Lindsay yesterday: June IL,
Edgar Laurin VS.. L. Doras; A. w.
Erickson VS.. P. Fl. Regan: June 10,
Cooney Bros. VS.. A. C. Mckinney; N. J.
Bielenberg & Co. VS.. John Cooley;
DuttS StHSldl LttCtIIC Nc. "A.
Pincus; June IA, Joseph Bagley VS.. C.
L. Pickel ct al; J. Cory VS.. Joseph
Weyerhorst; g. w. Monroe vs. j. Nc
Auley ct al: June Is, John Q. Jones vs..
c. L. Pickel ct al; w. H. Fenton VS.. r.
R. Williams: June 16, l.. Madigar VS..
George c. Broderick ct al. James
Ryan VS.. Michael Reagan.
The following cases were dismissed
as settled Thomas Uland VS.. Peter
Ga al a ,ply r
Reynolds; Nicholas Hughes VS.. William
Scott ct al.
T. J. Walsh called up in Judge Lind
says court yesterday afternoon the
case of Fred Whiteside against the
| Miner Publishing company ct al. and
| had the motion to strike. out certain
| portions of the complaint set for hear
| ing June "a.
| BY Judge Lindsay yesterday Louisa
| Frakes was appointed guardian OF
Frank Gunther minor, upon her filing
a bond in the sum Of $4,000 and taking
| the oath required by law.
| In the estate Of Barbara M. HauSer
| deceased, Joseph P. Collins was ap,
pointed administrator upon his officia
| bond as public Administered tor.
Judge Lindsay yesterday appointed
James c. Drew administrator of the
estate of Ellen Drew, deceased, with
| bonds hXed at the sum OF S2,200.
| In the case of Merida Thibodeau vs.
Gervais Thibodeau, for a decree of di
vorce, the default of defendant was en-.
tered and plaintiffs proofs set for hear
| ing June 10.
The motion for new trial in the cast
of Mary Mcdonald against Jessie C
| Knox was argued by counsel and b.
the court overruled. In the case o
| Charles e. Reuger against David Gil
| bert motion for a new trial was heard
| by the court and taken under advise
| ment.
In the divorce case of Annie Moshe
| against Charles w. Mosher, the plain
tiff yesterday filed replication deny
ing that the defendant ever treated he
kindly or that he provided her with thu
common necessities of life since Oct 3
| 1897, or that he ever requested her t.
return and live with him.
A motion for new trial of the cas-
of Adolph Weizstein against F. A
Largely and others was oyerruled b,
| Judge Lindsay and motion to reta.
costs in the case was taken under ad
visement
The appraisers of the estate of the lat