The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-29
CALENDAR CLEARED UP
Trial Jury in Department I. Is
Discharged.
IN THE DISTRICT COURT
The Davis-Evans Case Dismissed for
Want of Prosecution-seyera1
Cases We're Sent to
Referee.

cleared up the trial calendar of depart
ment /. of the district court and dis
charged the jury. A suit of Elizabeth
Davis against Catherine Evans hal
been set for trial, but when it was
called there was no appearance for the
plaintiff and the case was dismissed
for want of prosecution.
A suit of Barney Coll, administrator
of the Waller estate, against V. C.
whiting and others, an action for an
accounting, was disposed of by an or
der referring it to a referee, who is to
be appointed later.
A case of James w. Purcell against
| Richard Butler and Fitz H. Butler, the
only case tried before a jury since
Judge Smith has been presiding in de-
partment l., was tried yesterday AMI
resulted in a verdict for the plaintiff
for $3.50 the amount due on a prcmis-
sorry note.
Judge Smith will preside in depart
| mentI. again to-day, and will hear the
| following matters on the motion cal
| endar:
| At 10 a. ma. Eustis VS.. John H.
| Curtis ct al, order to show cause; JOS
| eph Merrick VS.. Clementine Merrick,
| plaintiffs proofs; Ben Baker VS.. Butte
City Water company motion to adopt
| findings and for judgment: First Ma
tional Bank of Butte VS.. Twin City
Butte Mining company, motion to
| strike answer from the files; Samuel
! F. Walker VS.. Lulu E. Walker, plain
| tiff's proofs.
At p. m.-Estates: T. Jane Davis,
motion to allow certain claims: Nat
Charles McTucker. minor petition for
letters; George O'Brien, minor, petit
ton to invest funds; Frank Stephens,
| settlement of account; Sarah larry,
petition for letters; May Brunette, petit
ton for letters; Amos Rambaugh. set
Element of account Katherine Rice,
settlement of account and distribu-
| ton: William Harris, settlement OF
account; Roy Park Hays, minor, petit
ton for letters; Jane minors, return of
sale of real estate; A. j. Davis, settle
| ment of account; Michael McNamee,
| return of sale of real estate; Henry To-
bin, minor petition for letters; Morcom
| minors, settlement of account; State
| Savings bank VS.. Louise Anderson ct
al, demurrer; May Ann Burnley VS..
| Patrick O'Neill, motion for a new
trial; Robert ]. Lewis VS.. Howard
| Paschal, demurrer to answer and mo-
| ton for judgment: r. c. Foreman ct
| al, VS.. S. M. Hall ct al, plaintiffs
proofs as to defendant, o. M Hall; H.
| c. Slade VS.. Bernard Shannahan, mo-
| ton to retax costs, and motion to
strike cost bill from files; Western
| Asphalt and Gravel Roofing company
VS.. F. w. Anderson, plaintiffs proofs:
| First National Bank of Butte VS.. Jared
E. Gaylord ct al, plaintiffs proofs.
A question of some importance re-
lating to the extent of the personal
| liability of the administrator of an es
tate for indebtedness incurred in the
course of administrati ton is involved
| in an appeal taken to the district court
| from a judgment entered for the pain
| tiff by Justice of the Peace Harring-
| ton, in a suit of the Butte Times
| against ]. F. Hogan, administrator OF
| the estate of Philip p. Leonard. de-
ceased, for $3.50, for printing brief
for use on an appeal to the supreme
| court in a damage suit against the
| city of Butte, in which Leonard. dur.
ing his lifetime, got a judgment for
$4,000, and from which the city dp-
| pealed. The Butte Times printed The
brief for Administrator Hogan, and the
latter refused to pay the bill because he
| has received no money from the estate.
| claiming that the estate con-
sists solely of the judgment against
the city, which is tied up, and allies e.
ing that the printers bill is claim.
| not against him personally, but against
the Leonard estate. In another case
recently passed on by the supreme
| court in which the district count was
| reversed, it was practically held that
the administrator expenses were sGb
! ject to prior claims against an estate
and in that case the administrator un-
| der the supreme court decision had TO
| pay several hundred dollars out of his
own pocket for the privilege of adj
ministrating upon an estate. The cir
| cumstances of that case, however, were
not quite identical with the present
| one.
The attorneys for the Mutual Life
Insurance company OF New York, de-
| PENDANT in a suit FIR commits sions
| brought by Llewellyn Hatch yesterday
made a demand for a bill of partcu-
| lars of the account sued on. While
| Hatch Sues for a certain amount the
| company accuses him of having m
| bcZzled a similar amount, and he is
awaiting trial in the district court en-
that charge.
Adolph Wetzstein, plaintiff in the
Comanche mining case in which The
Largely estate and others are defend
ants, yesterday filed in court a notice
| of appeal to the supreme court from
| the order of Judge Lindsay refusing
! to grant a new trial.
The defendant in the case of Henry
! l.. Haupt against James Mcdonald
yesterday gave notice that his sureties
| on his undertaking on appeal will JUS
| tify before the court on Aug. s.
Joe Pierro, a native of Italy, took tie
| oath of allegiance yesterday. and was
admitted to citizenship by Judge
! Smith.
s25 reward to any one proving that z.
| F. Mayer 40 West Park, does not put
| in the best handspring made for 81.