The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-04
MINING CASE
The Suit Up Before Judge Lind
say Again.
OBJECTIONS TO A DECREE
Exceptions Taken to the Form Proposed
by he Defendants-A Suit Grow
ing Out of Claim-Jumping of
q Year Ago.

The Comanche Mining case came up
again before Judge Lindsay yesterday
on objections to a proposed decree made
by John j. Mediation. n of the at.or-
neys for Adolph Metzstein, the plain
tin. The objections were written and
presented in h following form:
Comes now the above named plain
tin and objects to the form of decree Of
court proposed by the defendants to be
entered herein in SO far as said decree
states that the defendant. the Com
anche Mining company, is the owner of
and entitled to the possession of that
certain quartz lode mining lain de-
scribed in plaintiffs complaint herein
and known as the Comanche lode claim.
and is the owner Of both the legal and
equitable title therein. for the reason
n upon the ground that the ~pleadings
do not justify the entry of any such de-
cree, the ~nda answer being in
suf1cient to authorize the court TO adj
Judge said defendant to be the Owner of
or entitled to the possession of said lode
claim, and for the reason that the evil
oence n findings of the jury and the
court are all insufficient to Justify the
entry or said decree. or to authorize the
court to make such a decree. For the
further reason that the ownership and
possession of said claim was in no wise
involved in this action to any greater
extent n to an undivided one-fourth
thereof, and as to said undivided one
Fourth said defendants are only entitled
10 a decree adtudging that the plaintiff
has no right, title or interest therein. N
entitled to a decree at all, which plain
TN denies, and for costs. and in no
q IG ffflA 90
said defendant to be the owner and en-
titled TO the possession thereof. Plain
TIN therefore moves to strike from said
proposed decree the following statement
contained therein: And that the de-
PENDANT Comanche Mining is
the owner OF and entitled to the i,os-
session or that certain quartz lode min
ing claim described in plaintiffs com
plant herein, and known as the Conn
anche lode claim. and is the owner of
both the legal and equitable title there
In for the reason above stated
Mr.. lat argued that as the
SUIT only involved a fourth interest i'm
the mining claim the title to the wi Die
property was not in issue. Attorney
Evans, Tor the defense, argued that the
plaintin was not in position to com
plain and that the title to the whole
mIhlng claim was the issue at the trial
The court overruled the objections end
ordered the decree previously submitted
to be entered.
A suit growing out of a claim Jump
ing on New Years day a year ago was
brought in the district court Yesterday
Dy the Alice Gold and Silver Mining
company against Joseph Hoskins. whe
complaint in the case alleges that tie
Alice company is the owner of the
Plover and Saukie West lode mining
claims, and that On the first of |
1898. the defendant jumped a portion of
each claim and has since Their held pcs
session OF the ground TO the plaintiffs
damage in the sun of 5000, for which
amount judgment is asked.
on motion of Attorney j. r. Hea'ey
the suit of Guiterman Bros. against w.
w. Vision was dismissed. because of
the failure to give security for cos-s.
the plaintiffs being non-residents. Judge
Lindsay gave judgment for defendant
for costs.
The City Of Butte yesterday brought
suit against w. A. Clark and others
for the purpose of c~ondemning property
on the Ella lode for an KITE nsIon of
West Platinum street.
In the case of w. II. SWEET against NJ
II. Rowley and William III. Lindsay. a
default judgment for 1853 was awarded
the plaintiff by Judge Lindsay.
A motion to quash the Information
Med against Thomas Brown. charged
assault in the first degree, was
presented in court yesterday. 1t is
made on the ground that more than 40
lays had elapsed from the time of the
pretended commitment in the ease until
the information had been filed.