Daily inter mountain., 1900-02-07
Copper Company Litigation In
United States Court.
THE REASONS FOR DELAY
Some Settled and Some Not Ready for
Trial-Bankruptcy Cases
Referred.

In the United States court this morn
ing Judge Knowles again called the
docket and set a few more cases for
trial, in an attempt to straighten OUT
the tangled threads of litigation.
.E Rollins Morse VS.. the Montana Ore
Purchasing company called the judge
at the opening Of the session. Attor-
ney Evans, who represents the plain
tiff, responded. Mr.. Evans said that
the issues involved in this case We're
similar to the issues in the case de-
cided last week and by agreement the
case was passed until again called up.
In the suit of Franklin Farrell VS..
the Boston s. Montana company for dam
ages for the use of a furnace which 1t
is alleged had been patented BY the
plaintiff or one of his agents. Mr Evans
stated that he believed that the case
had been settled, and at his request 1t
was passed until called up. Another
suit by the same plaintiff against the
Montana Ore Purchasing company was
also called, but Judge Mediation for the
defendant, stated that all the testimony
in the matter had not been taken and
asked that it be passed for the present.
\ Another mining suit called up was that
Of tine Boston & Montana company vs..
the Chile Gold Mining company. Mr..
Mediation, as the attorney for John
MacGinness, one Of the defendants, stat
ed that there were two suits involving
the same issues-one in law and one IN
equity. The action in equity had been
appealed to the superior court of appeals.
He was Of the opinion that the court
had no jurisdiction in the law case and
moved for it's dismissal from the docket
but after a consultation with Attorney
Evans suggested to the court phat II
be passed for the present until called
up
In the suit Of G. c. Parsons VS.. the
Monitor Gold Mining company, Judge
Mediation for the defendant stated that
his understanding was that the case had
been settled although no stipulation to
that effect had been filed. This IS the
mining suit In which the owners of the
Revenue and Monitor claims at Rich
mond flat, Madison county, had locked
horns over the ownership of some ore
extracted from the Monitor mine. Some
time ago, a compromise was effected
and it is understood the two claims are
now under the same management.
Two other mining cases in which the
Butte & Boston was plaintiff and the
Montana Ore Purchasing company de-
fendant, were called up. In one suit
Attorney Evans said suit involving
the same issues was tried in Helena re-
Gently and the other case was one In
which Judge De Haven sat while occu-
pying the bench last spring. This was
practically the same case heard before
Judge Clancy last summer. Owing to
the numerous cases on the docket having
the same title the lawyers themselves
) sometimes get confused and at times
seem at sea.
In the matter of Erwin Davis VS.. A
]. Davis Attorney brennan stated thai
he did not know the exact condition ol
the case. The testimony had not al
been taken and the case would not b.
ready for hearing for some time. Il
was passed until called UP.
When the various suits of the Ana
, conda and Colusa-Parrot mining case'
were called, Attorney Mcdonald stated
( that under the stipulation filed it hat
been agreed to set all the cases for hear
5, ing on March and the court so ordered
I Another mining suit, closely allied II
the big suits pending between the cop
per companies is that of w. ]. Ladd VS.
the Montana Ore Purchasing company
( involving the right to certain ore ex
s tracted through the Cora mine. the plain
5 tiff owning small fraction south o
! that property Attorney Evans state'
( today that the parties to the actor
( were not ready for trial and 1t was pass
y ed until called UP again.
= 1t is likely that the suit of jaime
4 Larkln Dy ms SudFuldH, IT, y. WdlSoI
: VS.. the Butte & Boston will not b
) tried. It was passed for the term
: Judge Blake recently decided simila
case in Helena.
In view of the fact that settlemen
of the case of Michael Conley VS.. tn
. Rocky Mountain Telephone company, /
likely, Attorney NJ. L. Wines today ask
ed that the matter be passed and ais
asked that the name Of J. p. Collins
public administrator. be substituted in
stead of that of Conley.
The cases of alleged infringement O
label, brought by several liquor dealer
against Butte parties were also passed
In the suit of r. ]. Moore vs.. job
, O'Rourke. Attorney Bender asked tina
the demurrer on file be overruled an
that he be granted until next rule da
4 Til the finst Monday in March.
il In the mining suit Of Miles Finlen v,
John Devlin ct al. the demurrer will b
heard tomorrow. Attorney Mcdonald
D for the plaintiff, asked that the time fc
r taking testimony be extended 80 day
q after the issue had been Joined. but ny
E on the prote of Judge Mediation but
4 DAYS was allowed.
n The demurrer in the suit of Harry
q Wales VS.. ]. F. Forbis. involving tit
q to a mine in Beaverhead county, WE
& sustained and three weeks given
q amend.
q The bankruptcy matter of A. F. Glow,
= of Great Falls was referred to c.
Boardman.
In the matter of the application (,
fees by Sam Hall in the bankruptcy sl
OF Carlisle Mason. Attorney Laist Z
IN the trustee. entered an objection a,
the matter will be heard during Il
8. present week.
Of The bankruptcy case Of Cox & Ply