Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-05
minnie HEA[EY
HEARING IS ON
An Array of Attorneys in
Judge Clancy's Court.
FOR RECEIVER
Question of Jurisdiction Raised by
Attorney for. Mrs. Kelly and
Overruled.
PETITION FOR RECEIVER

The petition of F. A. Heinze and the
Johnston Mining company requesting the
appointment of a receiver for the Minnie
Healey mine at Meaderville was taken up
for hearing in Judge Clancy's court this
morning, but a question of jurisdiction
arose and the hearing was continued un-
til 2 o'clock in order that the Judge might
have an opportunity to examine the pa
pers in the case.
The petition is directed against Carl
/ Kleinschmidt as the administrator of the
estate of John D. Airport, which owns an
interest in the property; Miles Finlen,
Devincy Airport, Caroline V. Kelly, Mrs.
Mary A. Miller, Lille Sue Farleigh and
Frances Wellman, the five last named
being heirs OF the Airport estate. The
petitioners claim that Defendants Klein
schmidt and Mrs. Miller have taken pos
session Of the property Notwithstanding
the order Of injunction which the court
issued some time ago in connection with
the suit of Petitioner Heinze against
Miles Finlen over the property, and are
taking out ore.
J.. A. Walsh of Helena appeared as
counsel for Defendants Miller, Farleigh,
Wellman and Airport; William E. Car
roll represented the administrator and
Judge Dewitt espoused the cause of Mrs.
Kelly. J. ]. Mediation appeared for the
petitioners.
When the case was called Judge De-
Witt objected to it being heard, saying
that in view of the fact that service had
not been had on Mrs. Kelly and the es-
tate was in the hands of the court of
Lewis and Clarke county this court was
without Jurisdiction.
After the close of Judge McHatton's
argument this afternoon Judge Dewitt
asked the court to require Attorney w. e.
! Carroll to show his authority for appear
ing in the case for Mr.. Kleinschmidt, say
ing he intended no reflection upon Mr..
Carroll nor did he question that he had
the authority, but that in another acton
they had been trying to obtain service OF
papers upon Mr.. Kleinschmidt and could
not find him, and he; wished to ascertain
from Mr.. Carroll how and where he got
his authority.
Judge Mediation promptly objected to
Mr.. Dewitt raising the question as that
was the. privilege only of an adverse par
ty. That Mr.. CAROLS client and Judge
DeW.tt's client were co-defendants and
hence their interests were identical and
not adverse.
Mr.. Carroa made nc objection to show
ing his authority, but Judge Clancy sus-
tanned the objection and did not require
Mr.. Carroll to show his authority.
Judge Mediation then turned the tables
on Mr.. Dewitt by requiring his author
ity to appear specially for Caroline v.
Kelly, which he produced in the way of
a telegram from her.
This afternoon the judge concluded to
hear the case, as he learned during recess
that the request for a receiver had sprane
from the suit which Miles Finlen brought
against +. A. Heinze in Judge Lindsay's
court to get possession of the property
at issue.
"It appears that this matter grew out
Of a case that came before Judge Lindsay
and in which an injunction was issued by
him. said he. II thought this was an
original suit. If Judge Lindsay were
here | would turn it over to him.
! The hearing was in ogress when the
Inter Mountain went to press.