The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-30
BUTTE News.
IN THE DISTRICT COURT
Briefs to Be Filed in the Opera
House Receivership Case.
APPLICATION Of A. EUSTIS
He Proved That He Was a Stakeholder
The Suit of the First National
Bank VS.. the Twin City
Mining Company.

The application of A. Eustis, stock
holder in the Grand Opera House COM
pany, for the appointment of a receiver
for the property of the company, came
up for hearing before Judge Smith yes
terday morning, and after hearing
some evidence the court continued the
matter to give the attorneys time to
present briefs on the law questions in
volved. Eustis is resident of Cali
fornia, and is the owner of 80 shares of
Grand opera house stock. He charged
that the company's officers had wasted
the property by allowing it's sale under
foreclosures and attachments, and MAX
ing no attempt to redeem it, and IN
that way lost the property to the stock
holders. The company's attorneys ad-
mitted that there had been no redemp-
ton of the property, but they denied
that Eustis was a stakeholder This
denial, however, was met by the plain
tiff's attorney, who offered in evidence
books and records of the company, by
which it was shown that Eustis is d
stakeholder, and Judge Smith decided
that the proofs showed that he was.
At the conclusion of the evidence the
court expressed a desire to have the
attorneys present briefs on the law.
Attorney Bender, who represents Eus-
it's, stated that all the questions of
law had been raised by demurrer and
had been decided in favor of the plain
tiff by Judge Leslie. Judge Smith,
however, said he wished to have the
matter presented again, and the plain
tiff was given 10 days to file a BRIEF,
and the defendants 10 days more to re-
ply.
In suit of the First National Bank
of Butte against the Twin City Mining
company, motion to strike the ans
wer of the defendant from the files was
argued before Judge Smith yesterday,
and the motion was sustained, the court
deciding that the defendant company
was in contempt of court The suit is
to recover Judgment for about $4,000
due ON note, and had been set for
trial last March, but continuance was
granted the defendants attorney be-
cause his witnesses could not be pres
ent. The continuance was granted With
the understanding that the defendan,
should pay the costs. They We're not
paid, however, and the motion to strike
the answer from the files was made by
the plaintiff. The court decided that
the defendant was in contempt of court,
but gave them until next Wednesday
to pay the costs. If not paid at tina,
time a Judgment by default will pe
given the plaintiff. During the argu-
ment on the motion, Attorney w. j.
Naughton, representing the defendant.
made a statement to the court abou,
the history of the case. He said the
suit had originally been brought in de-
partment ii. by the plaintiffs attor-
ney. j. A. Shelton, but that the latter,
without the understanding of the de-
PENDANT at the time as to the purpose
of it, dismissed the suit with the inten-
ton of bringing a suit in department
L., so that the case might sooner be
reached for trial. The officers of the
Twin City company live in st, Paul.
and they could not understand why
they should put up for costs when the
suit against them was dismissed. MI.
Naughton said he would try to explain
the matter to them and get the costs.
An attempt was made yesterday at
ternoon to convert Judge Smiths court
into an auction room, but the judge