Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-11
THE SENATOR'S DEMURRER.
II is OVERkULED BY CONSENT
ANSWER TO COME.

The demurrer of Senator Clark to the
500 600 libel suit of Fred Whiteside
against the Miner Publishing company
and others was oNertuied by Judge Lind
say by consent of the respective coun-
sells to-day and the defendant given ten
days in which to file an answer,
In the suit of Charles Nuss against
James IaIkin, which is scheduled for
trial next Friday. the death of the de-
PENDANT and his guardian was suggest
ed and an order made by the court SUP
shutting the name Of Il. Augustus
Eetnze, administrator of the Larkin
estate, as defendant.
, The petition Of J..P. Collins for the
appointment OF administrator and guar
dian of the estate of Robert Elberding.
insane, was heard by the court to-day
aud taken under advisement. Fiber
dins's only relative in America, a Mrs.
Finney of Missouri. was present to urge
the appointment of Collins.
Judge Lindsay listened to the argu-
ment in the Toms-Murray Pocatello
Water company stock suit to-day and
took the matter under advisement.
The following cases were set for trial
to-day by Judge Lindsay:
November 2-Montana Union r. r. Co.
On. p. Co. substitl;ed) VS.. VIM. Birket.
Nov. 21--Lulu F. Largely VS.. David N.
Upton: w. f. Carroll VS.. Bartlett Bros;
"a. IAiSlltisGp ~. NipIpHSO be0Jdfnln.
City of Butte vs., L. f. Cook ct al. -
Nov. 22-E. G. Smith VS.. Joseph Klop-
XII ct al: f. G. Smith VS.. City of Butte ct
al: f. G. Smith VS.. Dan Mullins ct al;
Frank cooney VS.. City of Butte.
WEIGH vs.. J. ]. Cusick.
Nov. 24-Elizaheth Davis VS.. Catherine
Evans; A.. w. Elickson VS.. p. II. Regain:
Cooney Pros. = A. G. Mckinney.
The suit of Margaret Stark vs.. the
First National bank of Butte was dis
missed without prejudice.
Marriage license We're issued to-day to
Thomas Waters and Mrs. Mary Dunn,
and Julian ]. Adams ana Lottie Gray.
Judging by the contents of a document
filed in the district court, Dominick l..
ToGnaey has some doubts about the al
legged will of his deceased wife, Kate
Toomet', being genuine; and, possessing
this doubt. he has taken the initial step
towards satisfying himself on the propo-
s,tion.
Mrs. Toomey died in his city on Octo-
be" 4, leaving property and money to the
extent of several thousand dollars.
Shortly afterwards Annie Clarity, her
sister, stated that she had left a will and
Toomey had taken it from a bureau
court for the probate Of the will, and the
matter was set for a hearing before
Judge Lindsay today. Late last evening,
however. Toomey filed objections to the
probate, and asked that the setting be
vacated. Among the objections he ex-
pressed the belief that bis wife left nc
viii: or II she did he did not consent to
It. This allegation was followed by a
condition to the effect that if she did X
cute the alleged document. that he as her
husband, be declared entitled to and
placed in possession of a third interest in
the estate,
The matter is being heard by Judge
Lindsay this afternoon.
William G.. Pfouts VS.. w. B. Stanfeld
was the title of a complaint filed in the
district court today. The plaintiff de-
mands Judgment against the defendant
for SAB on a prom.ssory note with in
terest at / per cent a month from jan
uary /. 1894,