Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-12
James j. Byrne Has no Stand
ing in Court.
so SAYS JUDGE CLANCY
In Passing Upon a Motion to Prevent
Byrne From Prosecuting a
Damage Suit.

JuuSe Clancy nelu q session OF court
today. and between the beginning and
end disposed of a volume of business,
some of which was important.
A few days ago the defendants in the
suit brought by James J. Byrne against
the Colorado Mining company and the
Northern Pacific Railroad company to re-
cover judgment for damages for injuries
alleged to have been sustained by Byrne
through the negligence of the defendants
in permitting an electric wire to hang so
near the railroad track at the Colorado
smelter that the plaintiff, while acting
as a freight train brakeman for the lat
ter company, was knocked from the top
of a moving train, filed in court a motion
to prevent Byrne from prosecuting the
action until he paid the costs in q former
suit brought by him on the same propo-
sitiOn, which was dismissed. The mo-
ton was argued today and after the at
torneys in the case had spoken, the judge
sustained it.. In so doing he said it looked
to him as if the plaintiff had been given
his day in court, and if he dismissed the
suit formerly brought by him it was his
duty to pay the costs.
"A " AN - NAA~
suit for damages brought by Sophia
James against w. ]. Dawson. ex-captain
of police, and others was argue in Judge
Clancy's court today and overruled. The
cum was based on an allegation Of
a misjoinder of parties defendant and
the naming of a specific cause of action.
The suit is one in which the plaintiff
alleges that while she was in possession
of the house bearing No. III West Por-
phyry street, Dawson and the Formels
took forcible and unlawful possession of
the premises and ousted her.
The equity suit of the Montana Ore
Purchasing mpa against the Bos-
ton & Montana which was
called for trial in Judge Clancy's court
yesterday. will be taken up again Mon
day morning, at which time the court will
decide the question of it's jurisdiction. on
which a point was raised and argued until
after 4 o'clock yesterday.
Joe Holman, Henry Perkins and Vim
cent Rooney, charged with the burglary
of j.. L. CAROLS grocery store, were
given a preliminary run for their liberty
in Justice Nichols court yesterday, and
We're bound over in the sum Of $3.50 each
to await the action of the district court.
Michae A. Hickey, Edward Hickey.
NJ. Stewart, F. Augustus Heinze and
Arthur P. Heinze began an action in the
district court today against the Parrot
Copper & Silver Mining company to COM
pei the defendant to stop the alleged
theft of ore from beneath the surface of
the Nipper lode claim. The complaint
states hat the Hickeys and Stewart own
31-36ths Of the claim, and hat f. A.
Heinze, under a lease and agreement from
them, is entitled to become the purchaser
of the property: that Arthur Heinze is
the assignee or sub-lcssee If F. \.
Heinze. and is now and for a long time
has been in possession of the interest
mentioned; that some time this year the
defendant, by means Of a shaft and the
underground workings of a claim just
north of the Nipper, as plaintiffs are in
formed and believe, entered the vein Of
the Nipper and extracted and carried
away large quantities Of ore and is still
at it. Plaintiffs ask that an order re-
straining the defendant from continuing
the work be issued and made effective
during the pending Of the action. and
that when the case is finally determined
the order be made perpetual. Accom-
panying the complaint is an affidavit
made by f. Mccormick. The document
states that the defendant, by it's officers.
agents and employees. is now engaged in
mining and extracting ore from the Nip
per lOue claim tnEHuSH d smart ana cross
cut from the Little Nina claim, and con-
verting it to its W use.
James Fl. Lynch filed two suits in the
district court today, one against George
F. Marsh to recover judgment on two
promlssory notes, a~ggregating 1929, with
interest from May Is, 1898, and the other
against L. F. Hoffman and w. II. Arch
er with a similar object in view. on a
note for $1,000, executed On May q of
last year. On the latter $144 has been
paid, but the interest on the part unpaid
makes the complaint call for judgment
for 1899. 26.
Mountain House Coal Trail Craalr