The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-22
DEFAULT OF DEFENDANT |
Judgment Ordered in Favor of
Monica Frey Callahan
IN THE DISTRICT COURT
1t Is a Big Victory for the Plaintiff in
the Suit-Contempt Proceedings
Against Lavell Were Dis
missed.

against Emmett Callahan, the National
Bank of the Republic, the .. j. Hen
messy corporation and H. r. Bartlett,
the default of the defendant, the Ma
tional Bank of the Republic, was in en-
tered in Judge Lindsays court yester-
day and judgment ordered against 1t
in favor of the plaintiff. The 1udg-
ment was in the nature of a victory
for Monica Frey Callahan, who vas
divorced not long ago from Eamet
Callahan. one of the defendants in the
case. The action against the National
Bank of the Republic was brought for
the purpose of clearing the property of
Emmett Callahan of an incumbrance,
Monica Frey Callahan wishing to sub
ject t. to division in order to share il.
Along with her suit for divorce she
sued for a decree setting aside for her
such part of the community property
as was equitable and just The bank
protested to have judgment against
Emmett Callahan for Sl50S.50 and $50
costs, bearing interest at l per cent.
In this suit Monica Frey Callahan al
legged that Emmett Callahan had con-
fessed judgment on a note for $500
to the bank, which is Salt Lake con-
Germ, and that the judgment held by
the bank resulted from that. Mrs. CAL
lahan alleged that the judgment was
lien on Callahan's property. and she
further alleged that she did not believe
that the bank ever loaned Callahan
$1,000. but that for the purpose of de-
feating and defrauding Monica Frey
Callahan of her just rights in and to
the property of the defendant, Emmett
Callahan. and defeating her IN the col
lection of any judgment which she
might recover in the action, the bank,
colluding with Callahan, pretended 10
lN,, ~.
ey specified and pretended that II was
entitled to the Judgment Callahan had
confessed to. She asked that the iudS-
ment held by the hank be declared
null and void and of no effect, and this
prayer was granted in the decree rem
dered yesterday.
The contempt proceeding against
William LaVell in the case of Blalicly
against Lavell was heard by Judge
Lindsay yesterday, and dismissed. Mr.
Lavell was up on an order to snow
cause why he should not be punished
for violating a restraining order in the
case issued by Judge Lindsay. The
suit was brought to dissolve the part
nership in the brick business between
the parties, and LaVell was charged
with removing brick from the firms
brickyard after receiver had taken
charge and restraining order against
such action been issued. Judge Nc
Hatton appeared for Lavell, and Law
yers Kirk and Carroll for Blakely. The
evidence did not show that LaYell Fad
violated the courts order.
A complaint was filed yesterday in
the district court in the suit Ofr.lohn
Noyes. w. A. Clark and eight other
plaintiffs against ]. A. Clifford. The
complaint alleges that the plaintiffs
own 15349 acres Of land on the Frankie
lode, a patented claim, and that the
defendant took possession of a portion
of this ground on the Gath of Novem-
ber 1897. The defendant is alleged TO
have wrongfully and unlaWfully with
held the possession OF the land since
that day, and that the value of the
rents and profits since then reach
$1,000. The plaintiffs ask judgment for
the restoration of the property and
$1,000 damages.
A notice was filed in the district
court yesterday in which Alex j.
Johnston. trustee for George H. Casey
notified the Anaconda Copper Mining
company that he and the latter are
the owners of undivided interests in
the Edith May mining lode and the
Miners Tnicn or Great Eastern lode
claim. The notice says that it is neces-
sary for the enforcement and protec-
ton of the interests and rights of
Johnston and Casey that they have an
1nSDbtllDll, pSdull1ldtlbIl anu Sbi Wy VI
the working shaft on the Diamond lode
claim and of the working shaft on the
High Ore lode claim, and an eXaml-
nation, inspection and survey IT all
drifts and levels extending from either
of such shafts in a northerly direction.
Johnston and Casey demand OF the An
aconda company permission to make
such inspection, examination and sur
veys.
1,,l, In
against Albert Nadeu, the answer was
filed in the district court yesterday.
The defendant denies all the alleGa-
tons of the complaint. The suit IS
over some property including a saloon
and saloon fixtures, and the defendant
denies that he forfeited lease or
failed to pay interest. He also alleges
that he bought the property for 5000,
and he asks to be dismissed with his
costs and disbursements.
Lee A. Mcbride, a native of Canada,
was admitted to citizenship yesterday
by Judge Lindsay.
In the divorce case of Mary sullivan
against Michael Sullivan. the default
of the defendant was ordered entered
yesterday, and plaintiffs proofs Will be
heard this morning by Judge Lindsay.
An order assigning all of the estate
of William Henry Thomas. deceased,
for the use and support of the widow
and minor children of said deceased
was signed by Judge Lindsay yesrer-
day. The property of said estate con-
sists of S719.05 and lot in the kemper
addition valued at about 1925.
A complaint was filed in the district
court yesterday in the case of c. P.
Wakeman against John Shackleton ct
al The plaintiff sues to collect $l02 for
services rendered as a bricklaNer, 800
attorneys fee and costs The suit is
based on mechanics lien, and the
property involved is On Excelsior ave-
nue..