The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-28

This ended the testimony on behalf
of the defendants and as the city Of
fered no testimony in rebuttal, Attor-
ney Kirk, for the defendants, moved
the court that the jury be Instructed
to return a verdict for Messrs. Cook
and Bray for costs, for various rea-
sons including the fact that as ap-
peared by the evidence Bray had signed
the bond to the city only on condition
that it be also signed by j. E. Open
heimer The court suggested that that
part of the motion would be overruled,
it being considered that Mr. Open
heimer having appeared before notary
and justified, he could not be held to
escape responsibility. The other feat
ures of the motion were deemed well
taken and an instruction that the jury
return verdict in favor of the defend
ants was made.
To have avoided the statute referred
to. according to the courts decision, the
city should have notified the bondsman
and s1reties of the tendency of the suit
of Joyce against the city and requested
them to defend apparently before the
city would be entitled to recover as
against them for the judgment, paid or
compromised.
The appeal case of Tim ]. Shea
against P. H. Regain, as sheriff, and
certain creditors of Louis F. Hoffman,
to recover 5000 wages, was on trial in
Judge Lindsay's court yesterday after
noon The plaintiff claims that he
worked as a clerk for Hoffman from
February until June, 1898, and that
balance is due him for wages. When
the property of his employer was at
tached by the sheriff at the instance of
Nelson Story & Co. and others, he filed
a claim for 80 days wages and asked
that 5000 be paid to him before any
thing was paid to the creditors. The
sheriff declined to pay, as he was pro-
tected by an indemnity bond and the
creditors claimed that Shea was not an
employe, but co-partner.
J. N. Kirk, for the defendants, OBJ
jected to the Introduction of any evil
dence by plaintiff on the ground that
it was special proceeding to determine
or foreclose lien, and that justices
courts are without jurisdiction to con-
slider such matters and that such pro-
ceilings must be commenced originally
in the district court. The objection was
argued by counsel and will be passed
upon this morning.
Mary E. Kelley has commenced an
action in the district court against the
Eschle Heating G. Plumbing company
to enjoin the latter from tearing up a
floor and cutting through wall in
a building owned by her. She also
wants $50 Tor damages already zone.
| Judge Clancy issued a temporary re-
straining order and an order to show
| cause why an injunction should not be
granted, which has been set for hearing
Dec. &c.
Public Administrator ]. P. Collins was
| appointed guardian of Robert Elber-
ding. insane, by Judge Lindsay yester-
day. His bond was fixed at $4,000.
Isaac Morehouse had filed a petition for
letters. but at his request it was allowed
to be withdrawn.
The setting of the case of H. D. Han
sen against Catherine Evans was
vacated for the reason that the defend
ant was unable to appear in court on
account of sickness.
The case of the Montana Union Rail-
way company against Peter Wastl: also
the case of the Montana Union Railway
company against William Birkett were
continued for trial to Dee. a. Counsel
stated that he thought both cases would
| be settled before that time.
| A motion to dismiss action in the
| case of Ellen S. Cornue against Henry
Root ct al. was set for hearing1by Judge
Lindsay for Dec. 3 E"' *!r