The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-17
BEFORE JUDGE LINDSAY
Owsley and Schatzlein VS.. the
Montana Smelling Company.
TO SET ASIDE DEFAULTS
Motions Were Heard in Several Cases
and Decision Reserved by the
Court-Hearing ofthe Lyons
Case Vacated

- uuEe LINDSAY HeIu d session OIL
court yesterday afternoon and heard
the proofs in the case of William Ows-
8 ley and Charles Schatzlein against the
Montana Smelling and Mining compa-
my, a default having been previously
entered in the case, and a iudg
1nent for SS,O3S.33 and an attorneys
fee of $500 was entered for the plain
tiff
An effort was made to bring the
Combination Mining company receiver
ship case up, but as the suit belonged
to the other department of court Judge
LINDSAY refused to hear it.
Motions to set aside defaults in the
cases of Harry Melville against Charles
A. Nickel and others and r. C. For
man and others against O. M. Hall
and others were argued and the court
took them under Amusement.
The hearing of the application for
the appointment of a receiver in the
case of G. NJ. Lyons against the Home
Investment and Realty company was
vacated as it was stated that the par
ties We're about to reach a settlement
among themselves.
In the suit of Silas F. King against
writ of mandate to compel Regain to
Issue King sheriff's deed to the
Grand opera house property, an answer
was filed in court yesterday by the
defendant admitting that the property
had been sold as alleged by King but
alleging that on the 9th of last month,
within one year after the sale to King.
John O'Rourke redeemed the property
fly paying to the sheriff $1,O7242, the
amount that King paid for the prop
erty, together with interest. amount
ing in all to s1,201. 70. The sheriff ten
dered the money to King. but he re-
FUSED to accept it. Thereafter J. Q.
Render, having a judgment against
the Opera House company for 500 and
$4910 costs, again redeemed the prop
erty, paying the sheriff $1.S21S4, being
the amounts of the King and O'Rourke
judgments, together with interest, Ben
der having a judgment lien against
the Opera House company. The de-
PENDANT says King was not at the time
he applied for the deed. and is not now
entitled to a sheriff's deed to the prop
erty, and he asks that Kings petition
be dismissed and his writ of mandate
be denied. Colonel Callahan is attor-
ney for the sheriff.
Joseph Boiler yesterday brought a
suit against Dunn & Holt to enion
them from removing a partition in a
store room rented by them and owned
by Boiler He says in his complaint
that on the 18th of December he rent
ed the premises at No 23S East Park
street, and that while they occupied
1t they built in it a board partition in
such a manner as to become an inte-
gral part of it, and it cannot be re-
moved without materially injuring it.
as 1t divides the room from another
store room occupied by Robert j. Bob
der. The defendants have threatened
to remove the partition and the court
is asked to prevent them, A temporary
restraining order was issued.
Isabelle Miller yesterday brought
suit against G. w. Miller for divorce
She says they We're married in Butte
on Feb. II, 1896. and that for more than
a, year the defendant wholly neglect
ed to provide for the support of the
plaintiff and their child. She says he
Us well able to do so, but has not done
so because of his idleness and prohig-
acy. Mrs. Miller asks for the custody
of the child, 2-year-old girl
catherine Shlreman was Yesterday
granted divorce from Abel F. Shire
man by Judge Lindsay on the ground
of desertion. The evidence in the
case was that the parties were mar
ried on Nov. 9, 1891, and that in Octo-
her, 1895, defendant deserted the plain
tiff, and she does not now know
where he is. He had been living away
from her for some time and she once
Offered to keep house for him. but he
declined her services.
Judge Lindsay yesterday made an
order restraining the county treasurer