The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-22
IN BUTTE'S TWO COURTS
Mr.. Corbett Filed Claim of $780,
600 Against the Davis Estate
FOR SERVICES RENDERED
Mrs. Corby Asks for the Appointment of
ACKNOWLEDGMENT for Plaintiff
in Shultz VS.. Shoemaker
Is Affirmed.

| f. 1orDett, the claim being in the ma
ture of a lien upon the interest of
| Henry A. Root, Ellen S. Cornue, Marie
| Cummings, Elizabeth Ladd and Louise
dunbar. He relates that he performed
services as attorney in the Davis es-
tate for the parties named, being re-
tanned and employed by them, and that
his services were reasonably worth
| S2O,90o, of which he has been paid only
| $500, leaving balance of $17,500 due
him and unpaid. Notice is served on
| Administrator Leyson that he must not
| pay to either of the parties named or
| their successors or assigns any further
moneys, or turn over to them any other
properties or interests they have in the
estate until the balance of the attorney
fee is paid.
Mrs. Sena E. Corby who is in part
nership with W. H Abbott in the cop
per precipitating business, yesterday
commenced proceedings in the district
court against Abbott for an accounting
and asking for the appointment of
receiver. She relates in her complaint
| that the partnership was formed on the
18th of last February for the purpose
of carrying on and conducting a lease
of the water pumped from the Parrot
mine and other mines belonging to the
Parrot Copper & Silver Mining COM
pany and precipitating the copper
| carrying in solution in the water. I'm
| der the provisions of the partnership
! agreement the plaintiff was to have
| third of the proceeds and the defend
ant two-thirds. 1t is alleged since the
| formation of the partnership the de-
PENDANT has from time to time, without
the knowledge and consent of the plain
tiff and against her will misapplied and
Incorporated certain sums of money
belonging to the plaintiff and has re-
fused to account to her for more than
one-sixth of the proceeds, and the re-
| naming PARTON of the plaintiffs share
has been otherwise disposed of by the
defendant. Mrs. Corby says that un-
less receiver is appointed for the
property the defendant will convert to
his own use or the use of others the
proceeds of the property of the part
nership. The precipitating plant now
under his control is valued 1T $780, and
he has also copper preeipitates belong
ing to the partnership amounting to
$1,000. Mrs Corby asks for an ac-
counting and for the appointment of a
receiver with authority to sell the bust
ness and for dissolution of the part
nership. Judge Lindsay issued an or
der to show cause, returnable July l.
A temporary restraining order was also
issued.
The case of William Shu1tz against
A. j. Schumacher, an action to recover
500 for medical and surgical attend
ance rendered the wife of the defend
ant, was before Judge Lindsay yester-
day for hearing on an appeal In the
justice court, Judgment by default was
entered for the plaintiff. Thereafter
the defendant filed an affidavit in the
justice of the peace court reciting that
Just after the service of the summons
he spoke to an attorney in regard to
the suit and requested his attorney to
appear for him and to interpOse a de-
Tense; that the attorney informed his
client that he need not personally APP
pear in the Justices court upon the re-
turn day named in the summons as an
answer would be filed and the cause set
for trial on future day: that if he had
not relied upon his attorneys repre-
sensations he would have been per-
sonally present on the return day of the
summons and would have seen to it
that an answer was filed in his behalf
He also denied that he ever employed
Shultz directly or indirectly and de-
MED that he owed him anything. On
this showing the lower court set aside
the default, from which action the
plaintiff appealed. The district court
held that Justice Laurandeau erred in
setting aside the default as no sufi-
Gent showing to justify such action
had been presented. 1t was also sug-
gested that If the counsel employed by
the defendant had failed to present the
defense which the defendant sought to
introduce and had, through his laches.
permitted judgment by default to be
taken, the remedy of the defendant was
against the attorney so employed and
not against the plaintiff.
The injunction hearing in the case of
the Amy and Silversmith Consolidated
Mining company against Joseph An
near and others, was concluded before
Judge Lindsay yesterday. During the
hearing Judge Devote referred to the
fact that corporations are soulless and
said that this corporation is not only
soulless, but in addition to this 1t is
absolutely INSCRIPTIONS and alleged
that George Irwin, as an Individual
would not go back on the lease if it
was his own affair, but under the euise
of corporation he and the others in
terested in the company seemed to feel
justified in doing so.
At the conclusion of the hearing, the
court remarked that so far as the tenn
porary injunction sought was con-
cerned, the court believed the showing
made sufficient to Justify the order be-
ing made. The question of whether the
defendants should be reimbursed before
the injunction was granted it was not
necessary to pass upon at this tme
the matter of the damage suffered by
the defendants would be passed upon
by jury when the case was tried. In
the meantime the defendants would be
amply protected, as the court would re-
qure the execution of bond in the
sum of $1,000.
In Judge Clancy's court yesterday a
suit of Mrs. ]. C. Lockwood against
Charles Weisman was tried and judg
ment given the plaintiff for $50 and
interest due on note.
The case of the city against Joseph
Davidson was dismissed on motion of
the plaintiffs attorney.
Howard McKenty and Fred DeLysle,
alias Frank Brown, charged with for
gerry, pleaded not guilty.
In the case of James Ryan against
Michael Regain in Judge Liudsay's
court to recover 1912 for board, lodging
and money loaned, the defendant adj |
mitted it amounted to S133S0. and