The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-10
REVERSAL OF VERDICT FOUND
~.
ON FIRST TRIAL.
YATES GETS LARGE SHARE
ls Allowed $4,588.54 as His Share Of
Profits Made by Mills
& Co.
From Mondays Daily Gazette.

From Mondays Daily Gazette.
It was IL o'clock Saturday night
when Judge Loud adjourned court the
final time for the term and few min
utes afterward he and Stenographer
Kreidler took a train for Miles City,
where they expected to rest for
couple of days before beginning the
grind in one of the eastern counties.
The jury in the case of Ettien VS..
Drum reversed the verdict returned
by the one that tried the matter on
it's first hearing and found for the
plaintiff. Forty-two head of stock cat
tie were at issue, both parties claim
ing them by virtue of their purchase
from the original owners, Deaton &
War. Mr.. Ettien bought several hum
dred cattle from that firm and paid
81 a piece above their value in order
that he might get the remnants and
brand. All the cattle owned by Deaton
& War were delivered to him, ex-
cept those he sued Mr.. Drum for,
they having been subsequently sold
to the latter, who was in a position
of an innocent purchaser.
The jury which tried the cause
originally found for the defendant
largely for this reason. New testi-
mony having been secured since then,
a different presentation of his case
was possible for the plaintiff and a
verdict in his favor was returned.
A poll of the jury showed II for and
one against the findings of Saturday
night
Finds for Yates.
Among the last matters disposed of
was the case of Yates VS.. Mills, an
action fora share of the profits of the
business done by the late firm of Mil
lis E. Co., in whose employ the plain
tiff was and who, in addition to a
regular salary, also had a working in
terest in the concern to the extent
of being sharer in the profits. The
case was tried to the court and sub
mitted on a statement of facts and
law.
In his decision the judge finds Ior
both sides in some matters, but in the
principal point at issue his findings
are for the plaintiff and awards him
Judgment for the sum of $4,5SS.54,
that being his share of the net
profits for the time covered by his
contract until the date of the firms
retirement from business. The total
net profits of the firm for the same
period were found to have been $16,-
671.65.
Judgment was signed, but upon mo-
ton stay was ordered and the de-
fendant granted 80 days in which to
prepare bill of exceptions and a
statement of the case in support OF a
motion for new trial.
Miscellaneous Matters.
A decree was signed in the case OF
C. T. Thomas VS. w. D. Story and
the defendant was given 60 days IN
which to prepare, file and submit his
statement and affidavits on motion fol
a new trial.
The official bonds of the county
commissioners were submitted and
approved.
In the matter of the estate of H. G
Williams, deceased, the admlnlstra
tors petition for approval OF the sale
of real estate belonging to the estate
was granted and an order made con
firming the sale.
The petition of the administrator OF
the estate of Mary ]. Sanders FOR
decree. of final distribution and ais
charge of the administrator was or
dered entered as granted.
like order was made in the mat
ter of the estate of w. R. Finch, de
ceased.
A petition for summary administra
ton of the Greinert estate was allow
ed
Although the next term OF court II
fixed for March, it is improbable tha'
his honor will find it possible to bf
here and an adjournment until Apri
will undoubtedly be ordered, as he il
already two terms behind and mucf
important business must be disposed
of in other counties before he can re
turn to Yellowstone.