Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-10
DISTRICT COURT NOTES..
DECISION IN THE BURKE AND
BALAKLAVA MATTER.

Judge Lindsay held a session of court
today and made the following decisions
in matters previously taken under ad-
visement by him.:
Estate of James Tuohy, deceased: The
petition Of the executor. filed on May 20,
1899, requesting that he be authorized
and directed to lease the Burke and Bala-
klava mining claims to Silas F. King
upon the trims set forth therein, is by the
court enied The objections of Messrs.
McSherry and Ryan to said petition, filed
June Z, 1899, are by the court sustained,
and he order of the court heretofore
made on April 10 is continued in force;
and the executor is directed to execute
to sal McSherry and Ryan a lease to
said premises as by said order required.
The administrator of the estate of John
O'Donnell was required to give a bond
of 1000 before proceeding with the sale
Of certain real estate belonging to the
estate.
In the matter of the Washoe Copper
company VS.. Edward Hickey, ct al; the
court said: After consideration the court
has concluded to grant the prayer of the
petition submitted by defendants asking
that they be permitted to do the develop
ment work mentioned in the petition, in
the premises in controversy, with a view
of determining the rights of the respec-
tive litigants in and to the vein in dis
J pute in this action. The court will, how
ever, require that before proceeding
Herewith the defendants execute to the
plaintiff a bond in the sum of 81, 500 to in
demnify the. plaintiff against any loss or
damage it may suffer by reason of the
performance Of said development work.
And the court requests counsel for de-
fnedants to draft and submit to the court
a suitable order in writing. specifying
the manner Of making such development
work, the proper timbering of the various
drifts, levels, wines and other openings
and the disposition of such ore and waste
as may be extracted in the doing thereof,
in conformity will the said petition and
the terms and proposals therein con-
tanned; and hat said order be submitted
to counsel for plaintiff before presenting
the same to the court for its. approval"
At the conclusion Of the decisions the
judge said: "At this time the court calls
the attention of attorneys to the fact that
frequently accounts of administrators of
estates when submitted are not accom-
panied by a decree or a form of decree
for settlement of the same. The rule
provides that DEGREES shall be submitted
to the court at the time when the hearing
Of accounts is haG. : trust that counsel
will hereafter comply with the rule in
question:"
Judge Lindsay set the following cases
today for trial:
June 19-Emily s. Benham VS.. Ann
Williams; w. M. Shultz VS.. A. ]. Schu-
macher; w. e. Dufresne ct al VS.. Henry
]. Terrence.
June 2O-R. S. FuertadO VS.. Isadore
Pincus: William Phillips VS.. the Boston
& Montana Mining company; L. E. Scott
VS.. Tim Harrington ct al,
June 21-Samuel Gaskell VS.. j. w. KEN
per; John Dunstan VS.. Charles May;
Levi Price VS.. George H. Woody.
June 22-S. Hornstein VS.. Jacob Sa-
blotzky; B.. J. Fin VS.. A. X. Erwin; r. H.
Dewitt VS.. the BARRIERS Protective
Union.
June 23-H. G. Slader VS.. Bernard
~Shannahan; Frank Kuntz VS.. Louis
Zorn; Western Wagon Grain Co. VS.. John
l.. Leslie ct al.