The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-26
BEFORE JUDGE LINDSAY
Case of Patrick Deloughry VS.. the
County Treasurer.
ONE TAX is NOT CERTAIN
An Important Question Up for ID Q
cision-Mrs. Callahan Must Sur
render the Notes to
Her Husband.

An important TAX question was up TOT |
hearing before Judge Lindsay yester-
day morning in the case of Patrick
Deloughry against the county treas
urer The suit involves the question
whether an assessment of town lots not
contiguous can legally be made as one
parcel of land and valuing them to-
gether. The matter came up for argu-
ment on the treasurers demurrer to
the plaintiffs complaint. Although the
sum involved is inconsiderable, the gen.
eral result will be of considerable mo-
ment, and if the case is determined
against the county it's revenue may be
considerably decreased. On behalf of
the county Attorney Clinton argued
that such, if made, was not invalid, but
only irregular and that the person ag-
grieved could not be heard to complain
unless he had first presented such griev-
ance to the board of equalization The
court took the matter under advise
ment.
Judge Lindsay yesterday decided that
Mrs. Monica Callahan must surrender
to her husband Emmett Callahan, the
notes which he accused her of having
"purloined," and which, he said, repre-
scented the funds belonging to the Hale
minors and Catherine OBrien, of whom
he is guardian. Mrs. Callahan kept the
notes and pleaded that they were the
private property of her husband the de-
PENDANT in her suit for divorce, and did
not belong to the Hale or O'Brien es-
| tates Judge Lindsay, in directing the
| clerk, who had been custodian of the
notes, to deliver them to Mr.. Callahan,
said
THE court will say, in passing upon
| the matter submitted, that even We're
| the notes in question the individual
property of the defendant in the suit
of Callahan VS.. Callahan, the plaintiff
therein would have no authority to
withhold the same from the possession
of the defendant. In that action the
plaintiff has obtained an order restrain
| ing the defendant from disposing of all
property which he may possess pend
ing the determination of the suit for
divorce. 1t also appears from the record
| that ample provision has been made
| for the sustenance and support of the
plaintiff. Accordingly, she can not de-
tain from the possession of the Defend
ant the property in question, whether
it belongs to him individually |or as
guardian Of the minors named"
Judge Lindsay's motion calendar yes
terday broke the record for the number
of matters it contained for hearing, and
he held court from 10 o'clock in the
morning until nearly o'clock in the
evening.
The demurrer Of the city of Butte to
the complaint in the case of Mae La
throp against the city and others was
ordered stricken from the motion cal
endar, the parties not being present
when it was called for hearing.
The motion to dismiss the appeal in
the suit of Edgar Laurin against l..
Dorais was argued and overruled.
In the case of Dennis Driscoll against
Daniel Shields the motion for new
trial was overruled.
In the case of George A. Cobban
against Samuel Hecklen the motion to
retaX costs was argued and overruled
and a motion to retaX costs in the suit
of Mary Mcdonald against Jessie C.
Knox was sustained.
The case of J. A. Riddel against
George L. Ramsey and Charles Suffer
was, on motion of counsel for plaintiff
ordered dismissed without prejudice at
the cost Of plaintiff and new complaint
was Immediately fled The suit is for
$500, which Riddell alleges was wrong
fully converted to their own use by the
defendants. The suit grows out of the
troubles of the contracting firm of Rid
dell & Roach, the builders of the school
of mines.
Thomas Polglase was, by Judge Lind
say, appointed administrator of the es-
tate Of Jane Smith, deceased, upon his
filing a bond in the sum of $1,000.
The case of Julius Levy against Alex
Rodgers was dismissed as settled, each
party to pay his own costs.
In the action for divorce of Edward
H. Whinyates against Jessie Whin-
yates the default of the defendant was
entered and plaintiffs proofs were set
for hearing March 80
Mrs. Allie Briggs was appointed ad-
ministratrix of the estate of Arthur
Johns, deceased, and her bond was
fixed at the sum of $1,000.
Michael Reagan, administrator Of the
estate of Patrick l.. Reagan, deceased
filed petition for an order allowing
him to erect a monument at the grave
of the decedent, the monument not tc
cost more than $500. The petition was
set by Judge Lindsay for hearing
April s.
The will of H. H. Carder, deceased
was admitted to probate, and Susie A
Y. Carder was appointed executrix
without bonds.
A motion for judgment on the plead.
ings in the case of B. w. Cardwel
| against Robert Howard was argued by
counsel and was by the court sus.
tanned.
In a suit of Martin Turk agains
| Frank Hoff the plaintiff yesterday filed
| in court an itemized statement Of thu
| account which he has against the de
| PENDANT. One of the principal items i!
1 bucket of beer" which occurs a score
| of times. Other frequent items ar,
| glasses of beer" "keg of beeer," dot
| tie of whskey," and cigars and tobacco
the total bar bill balance amounting
Il to S2l715
Celestia Nixon yesterday commenced
suit against K. NJ. Davidson and Georg
L w Andrews to quiet title TO the cas-
1919 feet of lot and lot 2 in block 26
Il of the Butte townsite. In her complain
she alleges that on Nov. IL, 1892. S. NJ
Nixon gave a deed to the property t.
| Davidson to secure "A note for $4,000
| the deed being intended as a mortgage
The plaintiff paid the taxes and interes
| up to Jan. l. 1898, and then learned tina
l without her knowledge or consent Dav
idson had sold the property to Andrew
/ on Dec. rs, 1897.