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

H. Casey and the Cobban-Casey-Day
company began an action in the district
court to-day against John Ostle to quiet
title to a portion of the North Star lode
mining claim and to recover judgment
for SIS per month for each month the
property has been and will be in the pos
session OF the defendant. whom the
plaintiffs allege ~unlaWfully took charge
of it on the 18th of April, 1899. and con-
tinue to hold 1t.
The motion to reject some of the find
1ngs n the substitution of others in the
suit brought by Lee Mantle against Lulu
+. Largely as administrative of the estate
Of Patrick A. Largey to recover a six
teenth interest in the Spectator lode
claim. which interest Mr.. Largely held in
trust for Mr.. Mantle and afterwards ac-
quired possession Of by means OF a lease
and bond alleged to have been executed
to 5. w. Wurst of Kansas City was
called up in Judge Lindsay's court this
morning, but. not heard. the judge saying
he would continue it generally. After
to-morroW's proceedings the judge will
adjourn his department until September
and when he reconvenes the mQtion will
be heard.
J. H. Steele is suing the city Ef Butte
for 5000 damages alleged to have been
sustained by him through a change OF
the street grade in front of lot No. 5,
block Is. in North Wyoming street. In
a second cause of action in the same COM
plant the plaintiff asks hat the curb
stone in front of the premises be- de-
clared a nuisance, the defendant COM
PEELED to remove it and place the side
walk in the same condition it was prior
to the regeneration of the curbstone. He
also asks that the street be placed in
it's former condition.
The inventory and appraisement of the
estate of Eliza Morrier was filed in the
district court to-day by Charles j.
Schatzlein, J.. H. Maloney and ]. H. Far
ris, the appraisers. 1t shows the property
to have a value of SCI, 1925, of which
$780, 900 is in real estate at the southeast
corner of Academy and Broadway. The
personal property, consisting OF diamonds
and jeWelry, is valued at $352.5O.
Judge Lindsay signed today the final
| Judgment in the suit brought by Eugene
| Carroll against Patrick Kirley, James
! Pennington and theirs to condemn a strip
of ground for a water pipe line between
this city and the Big Hole river. The
Judgment is in favor of the PLAINTIFF.
William @. Raupt has petitioned the
! district court for permission to sell, at
public auction, the personal property be-
longing to the estate of Roy HI. Hosklns,
line D6llllUH Will NC 1ACoAo oA
Is.
In the matter of the guardianship of
Mamie Rodgers, Eliza Jane kitto, VINO
has charge of the girl, asked Judge Lind
say, today. to issue a citation to James
Wilton, who has charge of the girfs es-
tate, to appear in court and show cause
why he has failed to obey an order OF
the court made some time ago. directing
him to pay the petitioner $25 per month
for the care and keeping of the child In
her petition Mrs. Kitto alleges that on
May 2 Wilton gave her $25, but since then
he has yielded only SIS, and there is now
$35 due. The matter Will be aired on
! September Is.
The clerk of the district court here has
been directed by Judge. Lindsay to trans.
fer to the district court of BeaverheaC
county the will of the late John G
Schmidt in order that the document may
be admitted to probate there. The orde,
was made at the request of John N. Kirk
: one of the attorneys for the estate.
The $500 bond of A. H. sJones. Thomas
J. Lavelle and Michael P. Lavelle, giver
to insure the faithful administration oil
Michael P. Lavelle on the estate of DAME
O'Grady, was approved by Judge Lind.
say today.
At the request of Attorney Willis o.
Dillon, the suit brought by the Posta
Telegraph Cable company against tn
Oregon Short Line Railway company tt
compel the defendant to permit it's tele'
graph poles in Montana to be used by
the plaintiff for %strinsing a wire was to-
day ordered removed to the circuit cour
of the United States, Southern division
by Judge Lindsay.
c.-Al- 1,-~J;oof;on ~ T r WinnC tht
order made by Judge Lindsay a few day
ago authorizing Savin Lisa to sell TIL
personal property belonging to the estate
of John B. Astesena vas vacated. A new
petition for an order of sale vas made.
Judge Lindsay admitted Nicholas Gate
and Christopher Wilson to citizenship to