Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-11

Another inning in the suit of Fred Ra-
due against Cyr Pauwellyn to recover
judgment on a promlssory note for $4,000
was played in department No. 2 Of the
district court this Or9ing. The proceed
ings consisted of arguments of a motion
introduced on the part of the pla1ntlff to
strike out certain portions Of the third
| answer to the complaint. G. W. Staple
ton and Oliver M. Hall appeared in be-
half of Radue, and F. e. Corbett and
John w. COtter for Pauwellyn.
The arguments We're finished at noon
and Judge Clancy took the matter under
advisement until 2 o'clock. At that hour
he overruled the motion to strike.
The note is alleged to have been exc
cuted by James Tuohy, who discovered
and located the Wake-Up-Jim mine, one
of the Anaconda group of claims, and
turned over to DR.. Wyerhorst in pay
ment for medical attendance upon him
prior to his death. 1t bore the date of
March "a, 1893, and matured March IA,
1895. W%yerhorst turned 1T over 10 Ra-
due and the latter sued Pauwellyn, the
executor of the estate, to recover on it.
The defense claimed that the document
was a forgery and at the first trial ad-
vanced this allegation so persistently that
the jury returned a verdict in favor Of
the defendant. The plaintiff applied for
a new trial and the supreme court
| granted it. Since then both sides have
been sparring cautiously for an opening
to administer the knockout blow, but up
to the present time have failed to land.
The defense alleges that in view of the
fact that the note did not mature until
| March of 1895 and the suit was COM
menced on December %, 1898, the action
was immature and therefore should have
no standing in The legal arena. The
plaintiff claimed that after the maturity
of the note it would have been too late
to bring an action; that it was entitled
to institute proceedings afer its pay
| ment had been rejected.
In the suit of Medora Mahan against
George w. Patterson and others, Judge
Lindsay has issued an order directing w.
Fl. Hart and defendant Patterson to give
Daniel Yancey, as referee, all the infor-
NATION at their m concerning the
defendants property. The judge has
also made an order restraining Patterson
and Hart from transferring the property
or encumbering it in any amer.
In the suit Of Amos Booth VS.. J. Nc
Govern, the trial Of which occupied the
time in Judge Lindsay's court yester-
day, a verdict for Booth in the sum Of
$3.50. As was returned by the jury.
Chaterina VeZzoni has brought suit
against DemetriC VeZZoni for a decree of
legal separation. In her complaint she
alleges hat the marriage by
of which she and the defendant We're
united was performed in the state of
Washington on the Sth Of April, 1892; that
! Mr.. VezZoni has been cruel to her; that
on February 10 of this year, at 226 East
Park street, he committed adultery with
| Mary Zecca; that on the goth Of February
he, in company with said Mary Zecca,
wilfully deserted the plaintiff. Mrs.
Vezzoni also asks for the return of her
maiden NAME, which was Chaterina
Sutti.
Appeal papers in the damage suit of
S. f. Sanberg against the Montana Cen
trail Railway company have been filed in
the district court. The action is the out
growth Of the alleged destruction of some
| cows and a mare which the plaintiff al