Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-31
THE LAWS GRIP
It Has Fastened Its TalOnS on
the Furniture of
MRS. EMMETT CALLAHAN
To Satisfy an Indebtedness Incurred
By Her HuSband--Latter
in Contempt.

NoASS o0AS VI AoAAAN
against Emmett Callahan have served no.
tice on the attorneys for the defendant
that they will, at 10 a. m. on the 9th of
August, or as soon after that time as
they possibly can, move the court for an
order to compel the defendant to appear
and show cause why he should not be ad-
judged guilty of contempt for disobeylng
the orders of the court in matters per-
tanning to the suit. The notice states that
the orders made on March 4, July Is and
July II have been ignored by Mr.. Gala
han. In the one made on March 4 he
was ordered to provide Mrs. Callahan
| with fuel, groceries and such other house,
hold effects as she needed. On the 18th of
July the court ordered him to a into
court $40 a month for her use, and two
days later an order was made increasing
the amount to $40 per month, granting
her the privilege Of seeing their boy and
compelling him to provide her with $40
with which to maket the trip to Salt Lake,
where the boy now is.
The motion is to be based upon the
affidavit of Mrs. Callahan, which is as
follows:
Monica Frey Callahan, being first duly
| sworn, on oath deposes n says: That
| she is the plaintiff in the above entitled
| action; that on the 4th of March, 1899.
! Judge Henry G. Smith made an order
tina the defendant herein pay into court
| monthly, on or before the first of each
| month the sum of $40 toward the support
| of the plaintiff; hat the defendant COM
| piled with the order until July; that on
Saturday. July Is, the court made an or
! der requiring the defendant to pay into
! court $40 per month, the first payment to
be made forthwith. that plaintiff has
never received the money. nor has the
clerk of the court received it for her. That
on Monday, July II. the court made an
other order requiring the defendant,
within 10 days, to pay into court for plain
tiff $40 to pay her expenses to Salt Lake
for the purpose of seeing her child: that
the money has not been paid: that the
defendant is in default of all of the said
payments, and is in contempt of the or
ders Of this court .
Continuing. the document says: THAT
this affiiant is informed and verify be-
| lieves that the defendant has removed to
Salt Lake and is without the jurisdiction
of this court; that he has vacated and
abandoned his law office in Butte; that
his library and personal effects have been
removed from his office. That the de-
PENDANT, Emmett Callahan, has represent
ed to several persons in the city that ne
was ABOUT TO remove permanently
Butte, and afiant further states that this
honorable court, on the goth of February,
made an order which was personally
served on the defendant, restraining and
enioining the defendant from in any
manner REMEMBERING, selling or other
wise disposing of his property, real or
personal, or Of any other property OF
which he was then seized or possessed.
That Notwithstanding said order the de-
fa,1o,% hoe ;ro,,rrod Ii hilifiac as la re as
May and June of this year; that suit has
been brought upon said liabilities and the
individual property of this aftiant has
been attached for the purpose of liquidat-
ing the liabilities of the defendant, En-
met Callahan: that the household furni-
ture of the plaintiff has been attached and
levied upon to satisfy the individual debts
of the defendant incurred in May. and
that some of the property has been fore
removed from the possession of afi-
ant. That by the order of this court she
is compelled to reside at the residence OF
the parties to the action until the further
order of this court, and that unless this
afiant can have possession of her house,
hold furniture, said residence will be un-
fit for her to live In. That the furniture
has been stripped in part from the said
residence by reason of a judgment Oh
tanned against the defendant herein for
alleged debt incurred during the
month of May, 1899. That upon the hear
ing of March A the defendant presented
to Judge Henry G.. Smith, then presiding.
offers in behalf Of merchants Of
the city, setting forth that they would ex-
to the plaintiff credit in behalf of
the defendant for merchandise and other
necessaries. That since the order was
made allowing fila only $40 per month
in addition to credit at the said various
establishments. whose offers are on file
in this cause, two of the said parties so
Offering to extend this plaintiff credit
refused her further credit, and that
she is without means of necessary sup
port. That unless the defendant herein
complies with the orders of the court and
liquidates his Indebtedness affiant will be
left without a home or place of residence
or any means Of support.
"Afiant further alleges hat prior to the
commencement of this action the defend
ant never incurred any Indebtedness Of
any kind and was always solvent and
able to pay his bills: and fila further
alleges that defendant is at this time am
ply able to pay all his liabilities and to
obey the orders of this court, but has re-
Trained from doing so solely for the pur-
pose of annoying this affiant."
Judge Lindsay held a session of cour
this morning. finished the business carried
over from Saturday. DISPOSED of a few
other matters requiring his attention and
adjourned his department until 10 o'clock
tomorrow.
In the suit of Martin Turk against
Timothy Harrington and his official
bondsmen, the court ordered a dismissal
of the action on the ground that the
plaintiff had failed to file an amended
complaint within 20 days, the time given
him in which to do so. The motion to
dismiss was made by ]. L. Wines, coun-
sci for the plaintiff.