The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-16
IN THE PROBATE COURT
Defaults Set Aside in the Strei-
cher Cases.
A CONSPIRACY is ALLEGED
Items in the Guardians Account of the
Estate of Hilmer Winberg Dis
allowed by the Court-Real Es-
tate Matters Adiudicated.

| ueI settling dSlue the upIdultS IN the TWO
big suits of Ludwig Streicher and IS
other heirs of John Streicher, deceased,
against James A. Murray. The suits
were brought to recover possession of a,
half interest in each of the Narrow
Gauge and Humboldt, a third in the
fourth in the Corona, and for $3.50, 900
/ damages. The plaintiffs live in Ger
many and they claim that through
conspiracy with the German consul at
San Francisco, and his deputy, G. A.
| Kornberg, in Butte, Mr.. Murray acquir-
ed all the mining interests above men
| toned, besides $1,000 in royalties due
from Caleb E. Irvine, and 1896 in cash
on deposit in a bank for a considera-
| ton of IS, 000 The defendant defaulted
in the suits some months ago, but after
a default had been entered the clerk of
the courts discovered that an answer
had been sent him through the mails
!, and he could not state whether the an
! swefs We're in his office at the time the
default was entered or not J. L.
/ Wines was retained by Mr. Murray and
| ne succeeded in having the defaults
/ set aside. In passing on the matter
yesterday, Judge Lindsay said:
| 1T appears by the affidavits of the
clerk of the district court on file here
! in, that, prior to or at about the time
| of the entry of defaults in the above
/ mentioned actions, the said clerk was
| IN receipt OF the answers of the defend
| ant to the respective complaints. AS
| to the merits of the answers then filed.
4 1t is unnecessary to now speak. There
/ hi,
| defendant himself did not do all that
was within his power to conform to the
requirements of the law with reference
| to the time when an appearance in IN
action Shall be made and an answer
| filed On the other hand, it may be
| considered that the plaintiffs, by rea-
| son of the numerous stipulations enter
! ed into. extending the time of the de-
| PENDANT in which to answer, did not
themselves seek to have the matters
presented for adjudication, speedily de-
termined. In cases of this ma gnitude
| the court will hesitate before directing
| that defaults entered for want of an
appearance or answer. shall stand, and
will refrain from saying that the de-
| PENDANT here, if he has any rights. shall
| be altogether precluded from present.
| ing to the court the defense he now
seeks TO interpose. The proposed an
swers may be filed, and the defaults
/ dered set aside"
Tn the matter of the estate of Hilmer
Winberg, insane, Judge Lindsay yester-
day disallowed number of items in the
guardians account The items were:
Services of guardian, 21 days, $73. so;
interest on bond of guardian, SIS: type
writing, $1.75; copy of appraisers "a
port, 81. The court said the charges
referred to were not authorized and
could not be allowed. In other respects
the account was approved.
In the case of the Charles Schatzlein
Paint company against Charles S. Pass
more and others, a motion for new
trial was overruled.
In the case of A. A. Lisker against
John O'Rourke, the court ordered judg-
ment in favor of the defendant for
costs.
The motion to revoke the order auth
orizing and directing the executor Of
the James Tuohy estate to execute a
lease on the Balaklava mine to certain
parties and to permit him to lease it to
others who had offered better terms.
was argued and by the court taken I'M
der Amusement.
In a case of the Butte & Boston
against the Montana Ore Purchasing
company, an action to secure an oraer
of survey, the case was dismissed as
to Miles Finlen. Testimony was heard
and an order was made that the de-
PENDANTS permit the plaintiffs engineers
to examine and survey the workings
of the Minnie Healey mine. in order
to determine whether the defendants
are taking ore from the Tramway
In the James Larkin estate the ad-
mlnlStrator was authorized to carry out
an agreement made by Larkin during
his life time to deed fourth interest
in the Bob Ingersoll and Montana
Central lode claims to the Montana
Loan & Realty company and Home In
vestmert company. A similar order
was made in the Largely estate.
The equity case of Ruth F. Laggat
and others afanst the Butte City Wa
ter company and r. D. Iegsat. which
had been set for trial on Monday, was
dismissed yesterday on motion of the
attorney for r. D. Lesgat. The COIN
ter claim was also dismissed without
prejudice and judgment was ordered
entered in favor of the plaintiffs; fer
possession of an eighth interest III the
Highland placer.
Adeline Ravelle was appointed guar
dian of Edward Ravelle, an insane
person, and her bonds were fixed at
$3.50.
Philip Roberts was appointed adj
ministrator of the estate of William
Tucker upon filing a bond IN the sum
of S1359
The administrators account in the
estate of Grace E. Gaylord deceased
was approved and a distribution OF the
estate ordered.
Josephine Hogarth was appointed
guardian of her son, William Smith,
and the bond fixed at $3.50
In the Largely estate, the admins
tratrix was ordered to convey to D.
U. Upton an eighth interest in the Nc
Queen placer mining claim.
DR.. W. H. Wix yesterday commenced
an action against Attorney l. c. Bach
elor to recover possession of n iot of