The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-29
IN The DISTRICT COURT
Emanuel Less Wants a Receiver
Appointed.
A HEARING HAS BEEN SET
He Alleges That Partnership Money Has
Been Improperly Used-A Restrain
ing Order Observation-Disclosures in
Judge Clancy's Court.

A suit for dissolution Of partner
ship, for an accounting and for the
appointment of receiver was brought
in the district court yesterday by
Emanuel Less against Augustus Smith
and Mace Mattingly. The plaintiff and
the defendants have been partners in
the brick manufacturing business since
May l, 1898, and Less charges in his
complaint that Smith and Mattingly
have since the formation of the CO.
partnership, applied large sum of
money from the receipts and profits of
the brick business to their own use and
have become indebted to the partner
ship therefor, and have impeded and
injured the partnership business. He
further alleges that they have refused
him access to the books of the firm and
have refused to account to him or in
any way enlighten him as to the actual
condition of the affairs of the partner
ship. He also says they threaten to
and are about to dispose of the prop
erty of the firm, and will do SO unless
restrained by the court. The firm is
indebted to various persons in the sum
of $500, and the plaintiff alleges that
defendants are insolvent. He demands
a dissolution of the o-partnershp, an
accounting from the defendants and
the appointment of a receiver to take
charge of and close un the business of
the firm. Judge Lindsay issued tenn
porary restraining order to prevent the
defendants from disposing Of the prop
erty and also issued an order to show
cause why a receiver should not be APP
pointed. The hearing was set for May
6. Miles Cavanaugh is attorney for the
plaintiff.
Frank Britton, executor of the estate
of A. c. White, deceased, petitioned the
court for an order to sell all the per-
sonal property of the estate. consist
ing entirely of a stock of wall paper,
glass, paints, etc, and book accounts.
Britton represented to the court that
the stock, which was appraised at
s., OPS, was constantly losing in value,
as it is old stock. becoming shelf
worn and being of a character of goods
for which the demand is rapidly dimin-
ishing, besides it costs several hundred
dollars month to keep the stock.
Brtton also asked the court to author
ize him to employ a man to collect the
book accounts. valued at $537, on a
commission not to exceed Is per cent.
Judge Lindsay yesterday made an Or
der authorizing the executor to sell the
The contempt proceedings against the
attorneys of the Boston & Montana
company, growing out of the receiver
ship case, will come up before Judge
Clancy again this morning. The calen-
dar for his department is as follows:
James Forester and John MacGinnis
VS.. the Boston & Montana Consolidated
Copper & Silver Mining company. con-
tempt proceedings: Mary A. Crangle
VS.. J. L. Leslie ct al. motion to strike;
Mary ShultZ VS.. Citizens District Mes
seDger company ct al, demurrer: Ce
1esta Nixon VS.. Roger M. Davidson,
demurrer of Roger M. Davidson; James
Z. Campbell VS.. Anna Campbell. plain
tiff's proofs; Edward Westlake VS.. An
ma NJ. Westlal<e, motion for receiver
and to adopt findings: state of Mon
tana VS.. John ODonnell, demurrer.
Judge Lindsay will have his court in
session all day again. The following
matters are on his calendar for hearing
at 10 o'clock this morning:
John Noyes VS.. William H. Young ct
al, order to show cause; estate of the
Peletier minors, return of sale of real
estate; state ex rel. Reynolds vs. E. J.
Laurandeau, justice of the peace. mo-
ton to strike; state eX rel. Reynolds
VS.. E. j. Laurandeau. motion to strike
M. J. Cornell Lumber company VS.. J.
w. Kirby, plaintiffs proofs; James
Ryan VS.. E. o. Dugan ct AL, order to
show cause; M. L. Huntington VS.. Will
lam Walsh, demurrer; Omaha Hy-
draulic Pressed Brick company VS..
Charles Suffer, motion for new trial.
Lena Ella Herne VS.. Phillip Herne. de-
murrer to answer; Jerry r. Sullivan
VS.. Q. H. Dogge ct al, motion for a
new trial.
AT 2 o'clock this afternoon Judge
Lindsay will hear the following mat
tiers:
Estate of John P. Byrne, petition for
order of sale of property: Maggie De-
vaney. minor, petition to adopt; Frank
Sweitzer, petition of Kittie Swetzer;
petition of J. p. Collins, Maggie Ben
son, petition for letters: George Bid
well, petition for letters: Fred w. Cap
lice, petition for letters; owen ]. Nc
Cam, petition for letters: James WALL
petition for letters: Edward B. Fox,
petition for letters; c. z. Dickerman
VS.. J. H. Mccarthy ct al. order to show
cause; Tim J. Shea VS.. P. H. Regain ct
al. motion for leave to amend COM
plant; Frank F. Haskins VS.. Emily M.
Haskings. plaintiffs proofs; joseph
Merrick VS.. Clementine Merrick. order
to show cause; Butte, Anaconda & Pa
cific Railroad company VS.. Montana
Ore Purchasing company ct al, order
to show cause.
Frank r. Handy yesterday COM
menced suit for divorce against Flor
ence Handy on the ground of desertion