Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-09

Late Saturday afternoon Judge Lind
say passed upon the following matters
which he had previously taken under
advisement:
Miles Finlen VS.. Mary Ellen Kelly;
statement on motion for a new trial, as
amended, ordered settled, allowed and
filed.
John O'Rourke VS.. Mary Schultz; mo-
ton for a new trial overruled.
P. J. Brophy VS.. Patrick Downey ct al.
motion for a new trial sustained.
Montana Ore Purchasing VS..
the Boston & Montana motion
for leave to file an amended answer sus-
tanned.
Charles H. Smith and Others VS.. Robert
Shepherd; motion to reinstate cause on
trial calendar Overruled.
H. G. Slader VS.. Barney Shanahan;
petition for a writ of review denied.
Tim j. Shea VS.. p. H. Regain and
others; demurrer of Regain, Bray and
others overruled.
The following on motions
for new trial We're settled and allowed
as correct and ordered filed:
James H. Lynch VS.. Isaac Bechtel ct
al, John Opie VS.. George w. Andrews,
j. o. Bender VS.. Grand Opera House COM
pany, two cases; st. Paul Fire and Ma
rine Insurance company VS.. Jennings;
Mary Morton VS.. Cornelius Norton, de-
cree of divorce signed; r. G. Forman ct
al. VS.. Oliver NJ. Hall, demurrers inter-
posed to complaint, overruled; Lee w.
Foster VS.. Charles H. Palmer ct al, pro-
ceedings ordered stayed and petition for
removal to United States court sustained.
Bond filed by defendants approved.
The following probate matters were
passed on:
Estate of William P. Evans, deceased
decree of settlement on account and au-
thorizing distribution signed.
Estate of Michael McNamee, deceased
1t appearing that a guardian had not
been appointed for the minors interested
in the estate and that therefore the reuui-
site notice had not been served, the court
denied the petition for order of sale of
real estate.
Estate of John B. Gunther, deceased,
decree of settlement of annual account
Of administrative signed.
Estate of James M. Reilly; demurrer tc
petition of Owen Reilly for letters sus-
tanned. In the same estate the motion
to strike from the demurrer to petition
of Mary Madigan, respectively, were sus.
tanned.
Estate of John Wesosky, deceased; pc
tition of Joseph Wyerhorst to be dis
charged from his trust as administrato
denied, for the reason that the appraisers
appointed had failed to report concernins
the property Of the estate.
Estate of John G. Shea, deceased; fna'
account settled and allowed and decree
of distribution ordered entered.
w. A. Waller estate; order for family
allowance in the sum of $75 per month
signed.
In the guardianship of the Walle,
minors an order was signed authorizing
the dismissal Of a suit and to demand
that the insurance policy be issued or
payment of premium. In the Waller es.
tate an order was ais made authorizing
a tender of amount due as the first pre-.
MUM on the insurance policy and t.
make demand therefor upon such tender
being made.
Estate and guardianship of Olivia J
Marchesseau; decree of settlement of an,
nual account of guardian signed.
Bennett Bros. company VS.. Congdon e
al; statement on motion for a new tria
and bill Of exceptions signed, settled an
alloWed. -v
Cora E. Ramsey VS.. p. H. Burns ct al.
! proposed amendments to proposed state
ment or motion for a new trial disal