Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-07
.MATT|S0N IS
REPR|MANDED
Judge Clancy Repr0veS Him for
Attacking Attorney R00te.
|BRAZEN AND VERY BOLD
Court so Characterized His Action
Matter of Reforming Black
Placer Deed.
BRAZEN AND VERY BOLD

Realty company, plaintiff, VS.. Charles S.
Warren and wife, defendants, was on
Judge Clancy's calendar this morning
upon a motion made ny the defendants
through their attorneys for an order va
eating the default heretofore entered in
his case. The following is a brief his
tory of the case:
The action was brought on the 26th Of
January, 1899, asking for the reformation
of a deed which was executed on the sth
Of July, 1893, by the defendant, and
others conveying certain property to the
plaintiff. The complaint set forth that
at that time the defendants, who were
and are, husband and wife, in considera-
ton of $1.OO n other good and valuable
things, sold to the Home investment y
Realty Ompany certain premises which
are set forth n described in the COM
plant. The complaint further states
that the defendants on the said 8th day
Of July, 1893, executed n delivered \
deed intending thereby to onvey the
premises described, but by a mistake in
writing the description Of the premises
in the deed the Black Placer Mining
claim was inadvertently and %uninten-
AOAldI lll1IL HUN lC uCCu. IlG
complaint further alleges that the de-
scription Of the premises in said deed is
erroneous and should be amended by
adding thereto, in order to conform to
the contract Of the parties, the Black
Placer Mining claim. 1t ended by ask
ing that the deed made by the defend
ants to the plaintiff be reformed so as to
include the Black Placer Mining claim.
In February Of last yea job A.. and
Hayes Cannon petitioned the court, pray
Ing to be allowed to intervene in the case.
Upon the hearing of the petition or mo-
ton by John A. n H. Cannon, attorney
Charles Mattison appeared as one of the
attorneys for the plaintiff, the Home In
vestment & Realty mpa and resisted
the motion made by John A. Cannon &
Company.
Afterwards, and in December of 1899,
the summons was served on the defend
ant, Charles S. Warren, who employed
Attorney Mattison as his counsel in the
case. Early in January of the present
year, Attorneys Forbis and Mattison
filed a demurrer to the complaint, which
demurrer was placed on the regular Sat-
urday calendar in Judge Clancy's court
for hearing on the Saturday following
the date the same was filed. When the
demurrer was reached On the calendar.
Mr.. Roote, one Of the attorneys for the
plaintiff, announced that the demurrer
had been filed by Forbis & Madison and
! neither of them We're in the court room,
whereupon Judge Clancy stated that he
would continue argument on the demur-
rer for one week in order to give the at
torneys for the efendants an opportun-
ity to be heard upon the argument heard
on the demurrer. The demurrer was
therefore continued for a week and a no
tice of the fact was published In
the daily papers at the time. On
the following Saturday. when the de-
murrer was called by Judge Clancy in
it's regular order, the attorneys who had
filed the demurrer We're again absent,
and thes same was Overruled or dismissed
for want of prosecution, and afterwards
a default was entered at the instance Of
the plaintiff. Some days after the de-
fault was entered, Attorney James w.
Forbis requested of Mr.. Roote, who is
one of the attorneys for the plaintiff,
that the default be set aside, to which
request assent was Immediately given by
Mr.. Roote. It was agreed that an APP
plication woul be filed asking the court
to set aside the default which had been
entered in the case. Before the applica-
ton was heard, however, Attorney Mat
tison returned from California, where he
had gone with his family on a pleasure
trip. After the return of Mr.. Mattison.
he and the attorneys for the plaintiff
conferred about the matter, and Mr..
Madison announced that he had heard
from his client, General Warren, and
agreed that the Home Investment and
Realty was entitled to have
conveyed to it the Black Placer mining
claim, which was the property in ques-
ton. The motion made by the defend
ants, asking that the default be opened.
has been continued from time to time
until this morning, when it was again
called by Judge. Clancy in the regular
call of his motion calendar. When the
case was called, Mr.. Mattison appearing
for the defendants, in a somewhat
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