Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-07-25

ALLEGES THAT FEDERAL COURT
HAS NO JURISDICTION IN
OPERA HOUSE CASE.
SAYS BENDER'S CLAIM OF
RESIDENCE IS FRAUDULENT.
Denies the O'Rourke Lien and Kings
Ownership-Terms Of Lease
Not Kept.

James A. Murray filed a separate an
today in the United States court
to the complaint of J. o. Bender, fnvol-
wing the Grand Opera House, in which
he named Silas F King, G. Q. Mcfarland,
James A. Murray and the Grand Opera
House company as defendants. Mr.. Muir
ray makes some sensational allegations
against Mr.. Bender, who was formerly an
attorney of Butte, bur about two years
ago removed to Spokane.
Mr.. Murray in his answer alleges THAT
MI. Bender is now and was at all times
since the 18th day of March, 1899, a citi-
zen Of the state of Washington, residing
at Spokane, but at the time of the COM
mencement of the action was a resident
of Montana and AYERS that the residence
and citizenship claimed by the complain
ant was colorado only and that the sald
claim was made for the fraudulent pur-
pose of attempting to invoke the jurisdic-
ton of the United States court and that
the same is and was a fraud upon the
jurisdiction of the court. It Us turtner
averred that the court has no jurisdiction
of the parties to this action.
Tt is admitted that the Grand opera
House mpa has been in possession Cf
the building since December II, 1897, but
that the whole of the real estate and
property owned by the Grand Opera
House consisted of the lots and portions
Of lots described in said complaint. It Is
also admitted that John O'Rourke
brought an action against the Grand Up
era House company in 1896 and that q
writ OF attachment was issued in the dis
trict court, but it is denied that the safd
writ was ever duly levied upon the prop
erty belonging to the Grand Opera House
impair 1t Is denied hat O'ROurke had
at any time or now has any lien on the
property by virtue of the said writ OF at
tachment, as the writ has long since
ceased to exist or have n effect.
The sale Of the property OF n Grand
Opera House company by the sheriff IN
December, 1897, is admitted, n Of the
defendants, Silas F. King, securing the
certificate Of purchase, but Mr.. Murray
claims that Mr.. King did not by reason
Of the sale become the owner as the OFF,
GERS and stockholders still have the right
to redeem from said sale and are not Linz
tied to one year. -
The defendant denies that Mr.. Bender
was a creditor OF the Grand Opera House
company or had any lien or Judgment or
attachment against its property. 1t is ad-
mitted THAT on December q, 1898, John I.
Forbis secured a Judgment against h
Grand Opera House company but denies
that the same was duly made or given.
It is also denied that MFR. Forbis redeemed
the property. It is admitted that 8. F.
King received from the sheriff a deed
p~urporting to convey said real property
to the defendant but denies that at the
time of the alleged redemption Mr.. King
was in possession of the property, or in
lease by G. O. Mcfarland is also admit
ted, but defendant is informed and be-
lieves that aid Mcfarland has not kept
or performed the terms or conditions OF
! said lease. Mr.. Murray claims to be the
sole owner of the opera house furniture.