The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-01-27
LANDS NANON UNDER WIRE IN A
CANTER,
BRINGS SUIT FOR TRESPASS
Another Action That Grows Out of
Herding Sheep on Fenced
Land.
From Mondays Daily Gazette.

From Mondays Daily Gazette.
Hearing of the case of the Ryan
Brothers Cattle company VS.. Stuart
Polk was resumed in the district court
this morning. The defendant conclud-
ed his testimony and that of one or
two other witnesses was introduced.
A few minutes before IL o'clock the
jury retired and after being out about
Is minutes returned a verdict for the
defendant. By this decision he is
declared to be the legal owner of the
to the satisfaction of the jury he OBJ
tanned in a trade from a man named
Cook, a former foreman of the plain
tiff, and also that Cook at the time of
the trade had full authority from the
company to dispose of any of it's horse
stock, Notwithstanding the company's
attempt to show that no such author
ity had ever been delegated to the
man. ."."
Another Trespass Case.
Action has been instituted by Ed
ward Cardwell against Louis Piper for
trespass and for damages and an in
junction. In his complaint plaintiff
alleges that he is and has at all time
mentioned within the complaint been
entitled to the possession of the land
. --..-:.el ..,:4l:. -~141- 4 n
II, 13, Is, 16, II, 10, 81, %, Is, 81,
33, 35, SO and the north half of the
northeast quarter Of section %, and
the southeast quarter Of the. southwest
quarter and the east half of the south
east quarter of section IA, township
/, south, range 20, east, and all OF
sections 1 and 3, township 2, south,
range 20, east, section 81, township
1, north, range 20, east, and sections
Z, 10 and 81, township /, range Fl,
east.
Between November /, 1902, and the
date of filing the complaint plaintiff
alleges he has been the owner OF about
1000 sheep and that all of the land
described in the complaint, except
sections / and 3, township 3 south,
range 20, east, has been and is en-
closed with a substantial fence and
that at divers times between the
dates named the defendant himself
and by his herders in charge has
driven through and under the fence
a large number of sheep onto the land
pltaintiff alleys to be in possession OF,
thereby causing him damage in the
sum of $3.50 by reason of the grass
eaten by the ~trespassing sheep.
Plaintiff also alleges that he is the
owner of about 1900 head of cattle
and that the land enclosed is needed
by him for pasturage for the cattle.
He demands damages in the sum OF
$3.50, together with costs, and also
prays that a temporary injunction is
sue restraining the defendant from
further trespassing upon his lane un-
til the matter shall have been passed
on finally by the court
Hearing of the petition for an in
junction has been set for January 81.
F. A. Hathhorn appears fer Card
we'll.
Suing on Debt.
This afternoon the court is occupi-
ed with the case of the Slater Brick
company VS.. A.. Motschman, an action
for debt growing out of a contract
between plaintiff and defendant for
supplying a large quantity of brick
used in connection with the construc-
ton buildings on the Grow reserva-
ton. The dispute is over the amount,
defendant confessing that he is in
debted to the company, but not in so
large a sum as is claimed.
The jurors trying the case are, RI.
Pearsall, Levi Colgrove, J.. G. Nc
Kune, D. A. Benedict, William Walk
er, j. w. Appleman, J. J. Dunlavey,
w. L. G. Unger, Alfred Swanson, John
Stems, w. L. c. Mitchell, John Kim
merle.