The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-12


on a motion to dissolve an injunction
in one of the numerous suits against
the Butte & Boston to prevent IL iIohi
working on two veins, known as NOS
8 and Z, in the Pennsylvania ground
The court declined to dissolve the in
junction, and in passing on the matter
said:
THE hearing in this case Is to de-
eide whether an injunction should pc
dissolved, or shall it stand during 'he
tendency of a suit as to the apex anu
ore veins claimed by each of the parties
to the above entitled case. The plain
tiff claims that the apeXes OF veins
three and seven are within the line OF
their claim, as fully described and set
out in plaintiffs complaint in this case;
while the defendant AYERS thal the
apexes are not within the lines of the
plaintiffs claim.
ION the hearing of the evidence tes-
timony was adduced both ways-for
the contention of the plaintiff and also
for the defendant.
THE supreme court of the United
States has decided that in such a. case,
where there is positive evidence on
both sides of the case as to ore bodies,
it is not necessary for the judge of the
court to decide on which side Of the
case the evidence preponderates. 1t
is his duty to enjoin the party from
removing the ore body so in dispute
!
on to say that if the ore is removed
during the litigation it will be hard
after to prove the quantity and value
of the ore removed. The court says
for this reason it is always best to en-
join the party during the litigation.
Following this doctrine, this court
decides not to dissolve the injunction
in this case, and the same is ordered to
stand and remain in full force and eff
feet with the same bond now filed and
approved in the said case, In the de-
cison in this case we also follow the
decisions of the supreme court Of Mon
tana in Boyd VS.. Desrozier and Heinze
VS.. B. & NJ. Co"
The motion for an injunction in an
other case of F. A. Heinze against the
Butte & Boston, relating to the Rock
Island claim, was. by agreement, con-
tinued for hearing for two weeks.
The sos. 900 Weyerhorst note case, in
which Fred Radue is plaintiff and cyril
Pauwelyn, administrator of the James
Tuohy estate, is defendant, was heard
by Judge Clancy yesterday on a mo-
ton of Radue's attorneys to strike out
the defendants amended answer The
arguments took up several hours, after
!, which the court overruled the motion
which practically ended the case SC
far as the district court is concerned
as the plaintiffs attorneys admitted
that under the decision of the court the
defendant was entitled to Judgment on
I the pleadings, and an appeal will now
| be taken from the order allowing the
amended complaint to be filed.
! Sarah A. Pace yesterday commenced
f a suit for divorce against Walter G
Pace on the ground of cruelty. In hel
l complaint she says they We're married
at West Bromwich, England, on Apri
Is. 1888. On the 18th of October 1897
while the plaintiff was sick in bed, the
| defendant said to her, Il wish yOu
, would die and on the 18th of last No.
: Vember he struck her in the face ant
= left breast with his clinched fist. Tbs
: defendant is stationary engineer by
5 occupation, earns S120 a month, anC
! owns a house and lot in Walkerville
{ valued at $1,000. The court is asked
: to enjoin the defendant from disposins
! of the property, that a portion of thu
( property be set apart for her and tina
s she be allowed $3.50 for attorneys fees
) George B. Dygert is attorney for Mrs
: Pace.
: Judge Lindsay yesterday rearrangec
s his calendar and set new cases for tria
) as follows:
! March 13-Montana Bill Posting &
{ Ad. Service VS.. w. E. Kendrick ct al
) Michael Donlan ct al. VS.. D. J. Hen
! messy Mercantile Co.
( March 14-Joseph Dewitt VS.. the City
s of Butte, Eliza beth Coleman VS.. Oliver
) n. Perry ct al
J March 15-R. W. Farmer vs. ]. B
{ Frederick ct al. Moses Benoit VS.
) School District n. -, Silver Bow coun.
I ty,
March 16-Susan Mitchell VS.. Harr,
5 Blumpkin, Harry l.. Haupt ct al. VS.
/ Elias Simmington ct al.
March Truth T. Leggatt eft al. VS.
5 Butte City Water Co.. John McCormcl
) VS.. j. B. Johnson ct al.
( March 20-A. A. DeKay VS.. Nicholas
s Hughes, Margaret Robinson VS.. Ellen
} Walker.
! March 21--C. ). Smith & Co. VS.. J. c.
{ Mott, Thomas Tague VS.. John Caplice
5 Co.
! March 22-Michael 3. Holland vs. the
( City of Butte, Andrew Less VS.. the City
s of Butte.
! March 23-A. A. Mcmillan ct al VS.
{ John r. King ct al. the City of Butte
{ VS.. l.. E. Cook ct al.
; March 24-First National Bank o
{ Butte Us. Twin City-Butte Mfg Co.
julius Levy VS.. Alex Rogers, William
) O'Donnell ct al, VS.. the City of Butte
: Judge Lindsay yesterday heard TIL
{ proofs and granted a divorce to tn
plaintiff in the case of Mary A Harri
I
that they were married in 1874 and tina
) she had lived in Butte for II years
I About two years ago the defendant lef
her and she has not heard from hin
s since and received no support fror
: him. Mrs Harris said she had sup
= ported herself, without assistance from
= her husband for more than 10 years
Motions for new trials in two case
of J. H. Lynch against Isaac Bechte
and others We're overruled by Judg
. Lindsay yesterday, also a similar me
ton in the case of Miles Finlen agains
Mary Ellen Kelly, administrator of tn
John F. Kelly estate
A petition from the board of trustee
of the Emmanuel Presbyterian churc
for leave to mortgage their propert.
for 400 was filed, and Judge Lindsa
set the matter for hearing next Satur
day.
A motion to set aside a justice cour
default in the case Of II. c. Shrade
AGAINST RHrnpV Sb3pn9h3O wa