The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-04
ARGUMENTS ON MOTIONS
Judge Napton Listens to the
Talk of the Lawyers.
TO SET ASIDE A VERDICT
Defendants in Water Right Case Ask
the Court to Return Findings OF
Its Own-Motion to Quash
Summons Overruled.

There was short session of the district
court yesterday at which arguments on
;demurrers and motions were heard.
u In the case of Grace Fisher VS.. the Ma
sons Fraternal accident association the
motion to quash the summons was ar
gued and overruled. 1t was agreed be-
tween counsel that if the motion be over
ruled the defendant should be allowed 80
days for further appearance
THE case is that of Mrs. Fisher, widow
of ex-County Clerk John s. Fisher, who
seeks to recover on an insurance policy.
Tie contention of the defendants was to
THE effect that the summons in the case
had been served upon a person who is not
an authorized representative or agent of
the fraternal organization 1t was shown
to the satisfaction of the court, however,
that the person upon whom service was
made had collected the premiums from
the policy holder and otherwise acted as
the organizations agent. The motion to
quash the summons was therefore over
ruled.
In the case of Mary Crosswhite ct al.
VS.. Mary Jorgenson ct al, the demurrer
was set for hearing next Saturday.
In the case of L. J. Hendricksen VS. Will
consideration of the defendants motion
to set aside the verdict and findings of
the jury and for the court to make find
ings of its own for the following rea-
sons: ..-........
That no notice of intention to move for
new trial has been served or made or
filed by the defendant, and more than 70
days have elapsed since the returning into
court of the verdict and findings of the
jury.
That the said action is an action at law
and the court has no authority to set
aside the verdict and the findings Of the
jury upon motion of this character.
That the court has no jurisdiction to dis
turb or interfere with the verdict and
findings of the jury. except upon a motion
properly made for a new trial, which has
not been dnne in this case. n.n..
That one cause of action set out in the
plaintiffs complaint is an action for dam
ages to real property and the other cause
of action is an action for the recovery
of possession of real property, both being
actions at law, and the court has no jul
Tisdiction to set aside the verdict and
findings of the jury and render verdict
of its own. "" s-f
The motion was argued at great length.
briefs were submitted and the matter was
taken under Amusement.
The suit involves water right. and was
tried during the last term of court, at
which time a verdict was returned in
favor OF the defendant. which verdict is
now sought to be set aside.
AT the conclusion Of the arguments in
the motion mentioned above, court ad-
journed until next Thursday at $3.50, when
The first of the Cullinane murder cases,
that of Clinton Dotson. will begin. 1t is
expected that great difficulty will be ex-
perienced in securing a jury in these
cases, owing to the wide publicity which
the affair has been given. Probably a
jury in the Dotson case will not be SO
difficult to secure, but in the cases of
Persinger and Benson 1t is, anticipated
that it will be hard task. This is on
account of the fact that everybody el.gi-
bic for jury duty will have read the evil
dence in the. Dotson case and will have
formed an opinion The formation of this
opinion will doubtless be helped along by
the verdict of the jury in the first case,
that of Dotson.
Judge Napton Yesterday made an order
in the matter of the estate of the late
Barney mckinley by which the following
claims were allowed:
Hammerlee & Trunk. s.: Losee & Maxi
we'll, go; Theo. Ehret 1928