The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-21
In the Case Against the Parrot
Company Filed.
APPLIED FOR A DIVORCE
Hollis johnson Charges His Wife With
Desertion - Hauswirth and Hess
Estates = Richey Will
Contest.

and Arthur P. Henze against the Par
rot Silver and Copper company, was
filed in the office of the clerk of the
court yesterday by counsel for the
| plaintiffs, Mediation and Cotter. Clay
| berg and Corbett and Charles r.
| Leonard
| In replication the plaintiffs set up
| that as to whether or not the defend
| ant is now or at the times mentioned
| in the complaint or ever was the owner
| in fee or otherwise of the Little Nina
| lode claim mentioned in defendants
| answer. or whether there is a vein
| which has its apex in the Little Nina
| the plaintiffs have no knowledge, and
| therefore deny the same.
| That as to whether there is a vein
| having it's apex in the Little Nina
| which on its course or strike, passes
| through one or both end lines, the
| plaintiffs have no knowledge, and
| therefore deny; that to whether or
not the apex of said vein points where
| the defendant has entered within the
| lines of the Nipper lode claim, or for
| considerable distance east thereof is
| within the lines Of the Little Nina lode
| claim. the plaintiffs have not sufficient
/ knowledge uron which 20 base a belief,
| and therefore deny: and upon Informal
tion and belief deny that the defend
|
| from within the Nipper lode claim or
that its opera tons have been confined
to developing the vein and determin-
| ing IT'S true apex
The plaintiffs say they nave no
/ knowledge as to whether the defendant
| ever owned the Little Nina or was
! at the time of the commencement of
| this action or prior thereto in posses
| sion of it, and therefore deny the sa me.
| They deny that the defendant was in
| possession of the underground work
| ings of the Nipper under any right or
| claim Of right We're engaged in develop
| ment work on vein in said workings
| which had its apex within the Little
Nina claim, and deny that the plant
| ifs have any remedy at law in the
| premises.
Upon information and belief the
plaintiffs aver that any vein which mas
! its apex within the exterior boundaries
of the Little Nina claim does not in its
| course strike. pass through the end
| lines thereof or depart in its downward
| course beyond the south side line of the
claim, and aver that the owners of the
Little Nina are not entitled to follow
| any vein having its apex therein out
| side of or beyond the planes of the
| vertical boundary lines.
| The plaintiffs ask that the claims of
the defendant set forth in it's answer
or any other claim it might assert to
the Nipper, be, adjudged without right;
i that Plaintiffs right. to the Nipper
claim be quoted; that the defendant
| be adiudged to have no right to enter
| within the lines of the Nipper and that
the defendant be enjoined from assert
1 ing any such right or any adverse
claim against the plaintiffs to the Nip
| per lode claim.
| Hollis Johnson commenced suit for
divorce from his wife, Bertha Johnson,
-+nr.I 10 IN 7 h u
ground of desertion. The plaintiff al
leges that he and the defendant We're
/ married at Dallas. Ore, October ~
1895: on or about November 10. short
half month after their wedding day.
the defendant deserted the plaintiff
without Just cause and ever since mas
| lived separate and apart from him; he
therefore asks for a decree OF sepa-
! ration.
In the matter of the estate of Eman-
uel Hauswirth, w. J. Jameson, admin
! istrator, made return to the court yes
/ terday on the order of the court maze
| July % authorizing him to sell certain
property belonging to the estate Iae
h return shows that in pursuance OF the
order an undivided one-half interest
in the surface rights of the Marquis
lode claim was sold at public auction
on Sept u to Slemons & Lawlor for
$3.50. The court is asked to confirm
the sale Sept. 80 was set as the dale
for hearing the petition.
w. J. Jameson, as administrator of
the estate of Susan Hess, filed with the
| court yesterday his final accounting
| and petition for distribution and dis
| charge of the administrator. The nnai
account shows all moneys received by
| the administrator to have been S2I5o.2
| of which S623.29 was expended IN the
administrat ton of the estate, leaving a
/ balance on hand of $2,122. After asking
for the distribution to the various heirs
Of certain trinkets, heirlooms, furnl-
| ture, the court is asked to distribute
to Betsy Nelson lot No. IL, IN SILVER
Bow Park addition to Butte; to Gus
Hess. son of decedent. lots Nos. IA and
! 10. in Silver Bow Park addition, and
| 500 shares in the capital stock OF the
Flint Creek Mining company. All the
residue of the estate to be distributed
share and share alike to Gus Hess, Liz
| zie Hess, Frank Hess, Mary HauS-
with and Annie Crowley, the execu-
tors of the estate to apply all moneys
beuueathed to the granddaughter, Liz
zie Hess, for her education. Oct. !
was set as the date for hearing the Pc
tition and settlement of the account.
George w. Richey proposes to contest
his wife's suit for divorce. The fact
was indicated by demurrer to the
complaint which was filed with the
clerk of the court yesterday. The de-
l murrer is simply based upon the ground
that the complaint does not state suf-
ficient facts to constitute cause of
action.
In the matter of the estate of Frank
Stephens, r. D. Evans yesterday filed
a motion to strike from the files the
answer of the executor of the estate
to Evans suit to recover 500 from the
estate The motion is based on the
ground that the court has no jurisdie-
ton and that the answer is irrelevant
and immaterial.
Application was made to Judge
Clancy by Robert Edgren for a writ
of habeas corpus, a petition of ]. p.
Mccarthy and o. Nordquist. Edgren
was arrested by the sheriff on an order
made by Judge Clancy in a suit in
which Edgren and Charles Nystrum
doing business as the Model Steam
laundry, were sued by the Silver Bow