Daily inter mountain., 1900-11-26
SUPREME COURT OPINIONS.
Tribunal at HeAena Hands Down Four
Decisions.
Special to Inter Mountain.

Helena, Nov. 26.-Four opinions were
handed down by the supreme court to-
day. The decision of the lower court
was affirmed in case of the Parrot Silver
and Copper company, plaintiffs and re-
spondents against A. P. HeinZe ct al,
defendants and appellants. Heinze and
his co-defendants appealed from an ord
er of the district court Of Silver Bow
county, granting an injunction in the
pending suit in favor of the Parrot
company and against defendants. pre-
venting them from extracting ores out
of the Little Nina lode claim which is
located south of the Nipper claim. The
defendants in bringing this appeal al
legged that the district court exceeded
it's discretionary powers. The supreme
court, through Chief Justice Brantley,
holds that there was no abuse of discre-
ton, and affirms the order of the lower
court.
In the case of the state ex rel, Silas
F. King, James A. Murray and Marcus
Daily VS.. the district court and judges of
the second judicial district, in Silver Bow
county, the proceedings were dismissed.
The plaintiffs, King ct al, sought in
this suit by writ of review to annul
certain order of the district court
IF Silver Bow county, in the case of
King ct al. against Maloney ct al Their
contention was that the district court
exceeded it's jurisdiction in making GER
tain orders. Use supreme court, in the
opinion of Associate Justice Piggott,
holds hat the court has such jurt-dic-
tion and dismisses the proceedings.
The judgment is affirmed and the suit
| dismissed in the case of Charles Schaiz-
len Paint company against Henry
Godin ct al, appealed from Silver Bow
county. The subject of the suit was
mechanics lien. The supreme court, in
it's opinion by Chief Justice Brantley,
holds that it cannot consider the appeal
for the reason that it's rules have not
been complied with in the matter of
preparation Of brief, and that no specifi-
cation of errors has been set out in It,
The Judgment was therefore affirmed
In the case of Edward Rehberg against
Gus Geiser, appealed from Lewis and
Clarke county the judgment was affirm
ed. This was a suit over water rights.
Plaintiff having bought land from de-
fendant, brought suit for injunction to
restrain him from preventing one-half of
the water flowing through cer-
| tain ditch from going on his land
| The lower court found in favor of
| plaintiff. The supreme court in an opin-
! ion by Associate Justice Piggott says
| that it is of opinion that judgment
| should be affirmed The fact that appel
| liant failed to comply with rules of
| court in preparation of the court briefs
prevents the court from considering the
| case on it's merits.
Orders We're made in several other
| cases. In the case of w. H. Bullard, ap-
pellant, against II. A. Smith, respondent
the appellant was granted thirty-dayl
after November 80 to file a brief.
The appellant was granted thirty days
and respondent sixty days after date OF
the decision OF Certiorari proceedings tc
file briefs in case of Mary Ellen Kelly
against Thompson Campbell -
In the case of j. B. Reynolds against
| John Fitzpatrick. the defendant was
| granted six months after August l to file
briefs as per stipulation.
The court ordered that the examina tior
of applicants to practice law be held
Dec 5th, in Helena. 1t was ordered thai
George w. Burke of Red Lodge, Swan T
Hogevell of Butte, L. NJ. Osburn OF
Helena and John A. Smith of Butte ap.
pear for examina ton. An order was
made requiring Thomas S. Hogan, o
Helena annd J. C. Smith of Dillon, Il
furnish on or before December 4th addi
tional cectifi Gates as to their studies IL
the past two years.