The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-04
ANACONDA NEWS.
JURY RETURNS VERDICT
q .-
gTss
I Findings Made in Leck- Strick-
q faden Lien Case.
"A MOTION TO SET ASIDE
Attorneys for the Defendant Ask the
Court to. Disregard the Findings
Of the Jury and to. Make
Finds of It's Own.

: The trial Of the case of I'll. r. and
q Andrew Leck VS.. Frank Strickfadsn..
4 an action to recover 1851 claimed to be
Il due as a balance on a building con-
Y tract, was resumed in the district court
!. yesterday. The introduction of testi-
mony by the defendant and the argu-
! ments to the jury took; up nearly the
= entire day. When the case was ready
I to go to the jury, the court submitted
3, the questions to be answered by the
jury. The first two of the questions
Z are answered in the affirmative. The
questions and answers are as follows:
WAS there any new contract made
between plaintiff and defendant
yes
IF you find there was such con-
tract made, was plaintiff delayed in
- completing the building by reason of
the new contract?"
Yes
eff no such delay occurred, how
much time lapsed from the time the
lower story was to be completed under
the original contract, as well as under
any amendments thereto agreed to by
the parties, until the lower story was
completed?'
IF no such delay occurred, how much
time elapsed from the time the upper
story of the building was to be COM
pleted under the original contract, as
well as under any amendments there
to agreed to by the parties. until the
upper story was completed?
What was the use of the upper and
lower stories of the building worth dur
ing this time?"
After the reading of the verdict the
attorneys for the defendant made a
motion to set aside the findings of the
jury and that the court make findings
of its own and render judgment for
the defendant for his counter claim.
The counter claim Of the defendant is
for $500 claimed to be due as damages
for the failure of the plaintiff to COM
plete the building as per contract in
that the delay damaged the defendant
b in the sum of $500 in rentals.
VI The attorneys for the plaintiff moved
that the verdict of the Jury be adopt
ed.
III the case of A. Il. Clark VS.. Henry
Gilbert, default was ordered entered.
In the case of Evans VS.. the Ana
conda Copper Mining company, a wa
ter right case, in the matter of the de-
cree heretofore signed by Judge Brant-
ly and transmitted to the clerk for
filing, and which was held for fees due,
it was made to appear that the fees
have been paid, and it was ordered that
LHe decree De tHleQ. ..g.,.
In the case of the state VS.. Charles
w. Levene, charged with bastardy, hav-
ing been complained against upon such
offense by Amelia Wiberg as being the
father of her unborn child, the attor-
-Gneys for the defendant appeared and
{ argued a molten to dismiss the case
on the grounds that the proceeding
as brought by the county attorney is
not a proper one The contention was
that the proceeding should have been
a civil one instead of criminal one.
The county attorney resisted the mo-
ton on the ground that II the proceed
ing against Levene were only civil
one, and the defendant We're entitled to
20 days notice, it would be an easy
matter for him to place himself out
side the jurisdiction of the court, and
care of the child would be incumbent
upon the county.
The court held that the proceeding
as instituted is proper and the defend
ant will not be released from custody,
except that he put up the $500 bond
required by the court.