The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-11
IN THE DISTRICT COURT
The Radue $4,000 Note Case
Was Continued.
NEW TRIAL WAS GRANTED
The Case Took a New Turn and Judg-
ment May Be Rendered on the
Pleadings-Rs Appointed
in the Patterson Case

IN S-o,ouu Ilott CASE III + Etu 1tduue
against Cyril Paumelyn. administrator
Of the James Tuohy estate had been
set for trial in Judge Clancy's court
yesterday, but it took a turn which
will probably result in the defendant
getting judgment on the pleadings
and the case was continued until to-
day, when it will probably be decided
on motion. The big note had orig
inally been owned by DR.. Weyerhorst
who claimed that Tuohy gave it to him
short time before his death simply as
an expression of his gratitude for med
ical services and attendance. The note
was assigned to Radue, and at a for
mer trial of the case the jury decided
that the note was forgery, but the
supreme court granted a new trial
after which the defendants attorneys
obtained leave of court to file a third
amended answer. The amended an
swer sets up that the suit was prema-
turely brought in that the plaintiffs
suit was brought before the note came
que The note in fact was due on
March "a. 1895, and the suit was
brought in December, 1893. There is a
general opinion prevalent among law
sNi" anu ieiSiliel mat IL SUIT upon q
pr9missory note cannot be brought be-
fore the note falls due, and Of this
point the attorneys for the executor
have taken advantage The motion is
now to strike out the answer, raising
the question that the suit has been
brought before the maturity CT the note
and Radue's attorneys say if this mo-
ton is overrued then the court should
enter judgment against the validity of
the note. The motion will be heard to-
day and II sustained the plaintiffs at
torneys will file replication and the
defendant will ask for judgment on the
pleadings whereupon the defendant
Will take an appeal from the order of
the court allowing the amended an
sWer to be tiled. Radue is represented
by O. M. Hall and Judge Stapleton and
the executor by Frank E. Corbett and
John w. Cotter.
On the application and affidavit of
Medora Mahan, in her suit against
George W. Patterson, Judge Lindsay
yesterday made an order citing Patter-
son and w H. Hart to appear before
Attorney Dan fancey, as referee, for
the purpose of examination as to Pat
terson's property. Mrs. Mahan, in her
atldaVit, says that the sheriff served
an attachment and garnishment on
Hart and the latter told the sheriff
that he had no money or property be-
longing to Patterson Mrs. Mahan
says she has reason to believe that
Harris statement is untrue The suit
brought against Patterson was to re-
cover 5000 loaned to him by the plain
TN and the money was used in a
butcher business carried on by Patter-
son ana Hart and the latters name
and the plaintiff has reason to believe
that Hart has property and money be-
longing to Patterson.
Joseph A. Boyer, executor of the es-
tate of Alfred Boyer, deceased, yester-
day petitioned the court fer permission
10 lease several lots in the Leggat &
roster addition for mining purposes to
X: l.. Bailey, D. H. Clement and Frank
walker for term of two years. Judge
Lindsay set the petition for hearing
April l.
Judge Lindsay yesterday made d.
ORDER in the matter of the estate of
Wlnifred Dolan, deceased, that Hore
BroWnlee & Co.. who are in possession
OF the Will of the deceased, produce the |
document and deposit it with the clerk
of the court.
me following matters are on Judge
Llndsay's calendar for hearing this az
ternoon: Estate of A. G. White return
on order to show cause and contest of |
Mrs. White: Alfredo johnson, petition
order to convey, settlement of account, |
order to show cause in re Cobban petit !
lon; James Larkin, petition fo- order to |
convey; Arthur Johns, petition for let
ters; Andrew j. Davis. application of
Joseph a. Coram ct al. hearing on
claim of H. A. Root, and settlement of
account; William Goss, petition for dis
trlnutlon; M. X. Bacskosk, petiti2n for
letters; w. A. Walter, petition for order |
to sell; Edward Johnson, minor, petit |
ton for letters; Michael Cannon settle |
ment OF account: John A. Cannon ct al. /
VS.. Michael A. Donohue ct al demurr- |
eF: Miles Finlen VS.. Mary Kelley, ad-
ministratriX. motion for a new trial: J.
+. kalns VS.. Silas f. King, motion fer a ,
new trial; George McGahan VS.. Mon
tana Ore Purchasing company, motion
to re-tax costs: Cora f. Ramsey VS.. p |
ii. Burns, justice of peace motion for a
new trial: John Opie VS.. George w. An
crews. motion for a new trial; f. w
CoWan VS.. Minneapolis Gold Manufac-
turing company ct AL motion to strike;
Patrick Deioughry VS.. Thomas b.
Kinds ct al, demurrer: Mae Lathrop
vs.. City of Butte ct al, demurrer; Fl. c.
Shader vs., B. Shanahan. motion to set
aside default; Mary A. Harris vs.. JOS
eph A. Harris, plaintiffs proofs; E. F.
ConSdon VS.. l.. B. Olds ct al, motion to
re-tax costs.
Judge Clancy's calendar has the fol-
lowing matters for hearing this morn
ing: f. L. Mayo VS.. Thomas Coombs,
motion to file amended answer; w,
Nee. White VS.. Clinton Sloan ct al. or
der to show cause; Fred Radeau vs.
Cyril Pauweiyn. motion to strike; S.
Mulvlle VS.. Pacific Mutual Insurance
company of California, settlement of
statement: r. A. Heinze ct al vs. Butte
& Boston Mining company, motion for
injunction.
The hay case of Archibald Smith
against ]. G. Conn, which had been on
trial in Judge Clancy's court for two
days, was concluded yesterday, and the
Jury gave defendant a verdict on a
claim for $500 The case had
been transferred from Deer Lodge