The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-09-01
cific Railway company.

ment for something like 81 900 for per-
sonal damages alleged to have been
sustained. by reason of having been
forcibly elected from one of the de-
fendant's trains. A jury in that in
stance awarded him the full amount
sued for. An appeal was taken and
the supreme court remanded the case
back for a re-hearing- Last week the
plaintiff filed an amended complaint
in which he fixed his damages at $12,-
900. Yesterdays proceedings were on
an objection by the defendant to the
amended complaint for the reason that
not sufficient notice of the amendment
had been given.
The court sustained the motion, and
the matter will now have to be tried
on the original complaint.
Miscellaneous Matters.
An order was made and signed ap-
pointing Robert Mccormick guardian
of the person and estate of Anna Nc
Cormick, a minor.
In the matter of the estate OF Mich
ael J. O'Connell, deceased. a number
of bills were allowed.
The receiver appointed in the case
of Rosenbaum Bros. VS.. the Ryan
Bros. Cattle Company, the Forst Ma
tional bank of Leavenworth, Kan, in
tervenor, made his report. Hearing
was set for September IA. Defendants
demurrer to the complaint was with
drawn and twenty days given in which
to file an answer.
Confession was made ON the de-
murrer in the case OF E. B. Kennedy
vs. William Dickie and 10 days given
in which to prepare and file an an
swer to the complaint
In the case of G. Winehill VS.. Ed
ward Berriault, which was up on a
motion for new trial. the bill OF ex-
ceptions and statement were signed
and allowed.
| An order was made giving notice to
creditors in the matter OF the estate
of Mile Foster, deceased.
On plaintiffs proof Judgment was
ordered for $6O09O in favor of Gils-
dorf Bros. VS.. Logan Wolfe.
Demurrers to the complaints waRe
| entered in the cases of Cooper Brass
| works and w. S. Dickie VS. George
| Soule. Both were submitted without
| argument.
Afternoon Session.
1 The case of Mills VS.. Virtue was
up once more. This time on motion
4 for new trial. The matter originated
1 in the Justice court and on appeal
was tried in the district court at a
recent term. Now the plaintiff de-
mands a re-hearing, not being salts
| fed with the outcome of the first trial.
The motion was allowed.
Elizabeth B. Smull was granted a
! divorce from James B. Smull The
ground alleging non-support was es-
tablished by the plaintiff on whose
showing a decree was ordered. The
defendant did not appear to contest.
Hearing of the petition for final
discharge of the administrative made
in the matter of the estate OF H. l..
Williams, deceased, was set for Sep
tember IA, at 9 a. m.
City and County Differ.
A matter of interest to the city and
county was submitted to the court on
an agreed statement of facts The
title of the action is City of Billings
VS.. G. f. Burla, treasurer of Yellow
stone county.
The question at issue is the owner
ship of certain money received as
Iicense from insurance companies. AS
the city construes the law, all licenses
paid by insurance companies, whether
fire or life, are to be converted to the
benefit of the fire fund. This ground
the county contests, maintaining that
the law does not contemplate such
i conversion of licenses collected from
others than fire insurance companies.
The court took the matter under ad-
visement.
i w. M. Johnston, late city attorney.
appeared for the plaintiff, and on his
motion J. D. Matheson, the present
city attorney, was entered as co-coun.
sci for plaintiff.
I uIl..I. loehw conoino.