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

The Comanche Mining case came up
again before Judge Lindsay yesterday
on objections to proposed decree made
by John ]. Mediation, one of the attor-
neys for Adolph Metzstein, the plain
tiff The objections were written and
presented in the following form:
Comes now the above named plain
tiff 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 claim de-
scribed in plaintiffs complaint herein
and known as the Comanche lode claim,
and Us the owner of both the legal and
equitable title therein, for the reason
and upon the ground that the pleadings
do not justify the entry of any such de-
cree, the defendants answer being in
sufficient to authorize the court to ad-
judge said defendant to be the owner of
or entitled to the possession of said lode
claim, and for the reason that the evil
dence and findings of the jury and the
court are all insufficient to justify the
entry OF 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 than to an undivided one-fourth
thereof, and as to said undivided one
fourth said defendants are only entitled
to decree adjudging that the plaintiff
mas no right, title or interest therein, If
entitled to a decree at all, which plain
tiff denies, and for costs, and in no
event is entitled to a decree adjudging
said defendant to be the owner and en-
titled to. the possession thereof. Plain
tiff therefore moves to strike from said
proposed decree the following statement
contained therein: And that the de-
PENDANT Comanche Mining company is
the owner of and entitled to the nos
session of that certain quartz lode min
ing claim described in plaintiffs com
plaint herein, and known as the Com
anche lode claim, and is the owner of
both the legal and equitable title there
IN for the reason above stated
Mr. Mediation argued that as the
suit only involved fourth interest in
the mining claim the title to the WI Die
property was not in issue. Attorney
Evans for the defense, argued that the
plaintiff was not in position to com
plain and that the title to the whole
mining claim was the issue at the trial
liS COuIl ONtTTuleu Inc OBJECTIONS and
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 iii the district court yesterday
by the Alice Gold and Silver Mining
company against Joseph Hoskns. The
complaint in the case alleges chat the
Alice company is the owner of the
Plover and Saulze West lode mining
claims, and that on the first of January,
1898, the defendant jumped a portion of
each claim and has since then held pcs
session of the ground to the pla ifs
damage in the sum of $500, for which
amount judgment is asked.
On motion of Attorney j. f. Hea'ey
the suit of Guiterman Bros. against w.
w. Wishon 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 condemning property
on the Ella lode for an extension of
West Platinum street
In the case of w. H. SWEET against M.
II. Rowley and William H. Lindsay. a
default judgment for 1863 was awarded
Il