Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-29
In West Broadway Again Be-
fore the Public.
TO BE PREPARED
And Submitted in the ReceiverShip
Matter--EuStis Holds Thirty
Shares of Stock.

Judge Smith held court in Judge Lind
says department again today and dis
posed of several matters booked for ID
justment.
The motion to adopt the findings in the
case of Ben Baker against the Butte
Water company was continued until
Monday afternoon.
The hearing of the motion on an or
! der to show cause in the suit of O. Eustis
against ]. H. Curtis and others, an action
having as its object the appointment Of
a receiver for the purpose of bringing an
action against the officers of the Grand
=, Opera House company to compel the rem
dition Of an accounting of the business
in which the company is INC has been en-
gagged, and also to recover judgment for
a sum of money to which the plaintiff al
leges the stockholders are entitled, was
heard. Eustis claimed that during a GER
tain period the defendants had appropri-
ated the rents and profits of the company
to their own use and allowed the prop
erty to become lost to the stockholders
through ailur to redeem it from a sher-
iff's sale, and rs he owned 80 shares Of
the stock he desired that the affairs of the
company be investigated.
On the other hand the defendants al
legged that they did not know that Eustis
held stock in the and therefore
denied the allegations in his complaint.
The matter was brought before the
court by Bender & Alley and defended by
Mediation & Cotter. Charles O'Donnell,
as a witness, presented the stock book
and was requested to turn to stub 81 in
order to show that Eustis held stock in
the company, but before he had time to
! show the stub to the court an objection
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! stub was read and the certificate itself
was Their submitted. 1t bore the sigma
lures Of John O'Rourke and M. j. Cornell
as officers of the company at the time the
shares We're issued.
f. L. Chapman stated that he was
treasurer for the company n had kept
the accounts of the corporation since
January Of 1898. Asked to state what the
receipts were during January Of 1898, Mr..
Chapman started to figure from the
ledger, but the question of whether the
matter at issue was one of law or fact
arose while he was engaged and an ar
gument on the proposition took place. 1t
resulted in the court making a finding to
the effect that Eustis was the owner Of
the stock and that the attorneys could
| present the case on briefs and have time
in which to prepare and present them.
Joseph Merrick was granted a decree of
divorce from Clemantine Merrick in
Judge Smiths court today, and had no
particular trouble in getting it. The COM
plant charged the defendant with having
violated the seventh commandment, and
named George White as the correspondent.
When the suit was first filed the defend
ant denied the allegation, and on one oc-
casion, when the proofs were to be heard,
was in court to back her assertion, but
today she was not present. Merrick testi-
fled that he and Clemantine had been
united in marriage this year. In proving
her alleged infidelity he had a witness in
the person of Katie Krantz, who stated
that on the night of April 9 she had seen
Clemantine and White in a room together
at Crystal Springs. The witness was on
the verge of going deeper into details
when the judge pressed the halt button
and signed the decree.
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