Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-15
A Difference Between Landlord
and Tenant.
THE OPERA HOUSE MIDDLE
Hearing in the Matter of the Appoint.
ment of a Receiver
Goes Over,

last night and convened department No.
l of the district court this morning.
During the day q number of matters
were disposed of, but a few that had Teen
set for adjustment were not reached. In
the divorce suit of Annie Docley VS.. Law
renee Dooley, plaintiffs proofs were to
nave been heard, out when the case was
encountered on the calendar it was pass
ed.
The suit of Peter Debernardi against
Peter Schoensberg was dismissed for
want Of prosecution.
Probably the most important case be-
fore the court was that Of S. T. Fitchett
against the Silver Bow Meat mDau
and others. The plaintiff owns a ranch at
the south side of the basin below the city.
Three years ago he leased it to the meat
company for four years, the terms be-
inE such that the company could pur-
chase the property and the honey paid
for rent would apply on the purchase
price. The plaintiff now contends that
the defendant has failed to live up to the
conditions of the lease and has therefore
forfeited all right to the property, the
money so far paid for rent and some he
alleges that has not been paid. The cash
consideration involved amounts to SO 200
or 81, 900.
A jury was valve and all testimony
submitted to the court. The trial con-
iiIlS u pau Va liz IHoI Ill1lS anu lnt EN-.
tire afternoon. Forbis & Evans appear
ed for the defendant and Mcbride and
Shrcnshire for the other side.
Q; ne witness stand Fitchett stated
that SSS he had leased the property to
&c Frederick and others for three
ye' when the time expired he had
81 n another lease for five years.
II ID them up to 1896, in which
y II years lease was given.
] some controversy over the
IT 81 1000 in connection with the
The defendants refused to pay
: 1unt and the suit resulted.
the expectation that Judge Leslie
wol ASS upon the matter of appoint
ing a .ecelver for the opera house prop
erty, a number Of people We're in court
| when the clock struck two this afternoon,
but they were in a measure disappointed.
The action IS entitled A. EuStis VS.. the
Grand Opera House company and several
individuals connected with it. A few
weeks ago Eustis, as a stock holder, in
stituted a suit against the mpa for
an accounting and in connection with it
asked the court to appoint a receiver to
take charge of the books and property.
In his complaint he alleged a ~misapplica-
ton of funds. A demurrer was filed and
later on the matter was set for hearing
today.
When court convened this afternoon
Judge Leslie SalQ ne was not disposed to
make an order in the case that would
operate in a certain way and excused the
witnesses until Friday, on which day he
said he would probably undertake to de-
termine the weight of the demurrer.
The memorandum of costs in the dam
age suit of Ludwig Rey against the Inter
Mountain Publishing mpa was filed
in the district court today and it shows
plainly that it is expensive to law. The
total amount is $2SS.5O OF this $1O5 is for
jury fees.
j.. j. Mccall filed an amended complaint
I today against j. M. Barber. In the docu-
ment he alleges that on the Sth of Octo-
Der he loaned the defendant sips; on No
vember 80, 1898. $50; on February %, 1896,
$493. 25; and on April 4 of the same year
500; that the defendant is indebted to
plaintiff in the sum of $500. 25.
Articles of Incorporation for the Horse
Prairie Gold Dredging company were fill
ed in the office of the county clerk and
recorder today. The incorporators are
Charles w. Clark, John c. Brennan. Ed.
l.. Smith, Frank f.. Corbett and H..
Lowndes Maury. The principal place Of
business is to be Jefferson Davis gulch in
, =.