The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-03-25
LAST HOURS
WERE LIVELY
MUCH WORK At CLOSING sEs-
SION OF COURT.
NORTH AWARDED The LOTS
Judgment Rendered for Plaintiff in
Action Involving Title to
Valuable Realty.

Valuable nSdtIy.
/ With a rush that kept the attorneys
on a jump and threatened to swamp
the clerk, the district court ended its
session Tuesday night An unusually
large number of matters were disposed
of during the closing hours and the
docket was left in exceptionally good
shape for the next term.
North Given the Lots.
One OF the cases heard and decided
was that of Austin North VS.. Henry
White ct ux., an action involving title
to a number of lots in the western
part of the city. The action had been
carried through several terms and by
consent was tried to the court points
of law as we'll as facts being involved
to such an extent that both sides con-
cluded a jury could we'll be waived.
The defendants were in possession OF
the ground having secured title to
it by virtue of tax sale. Subse-
Quent to it's acquisition in that man
ner by them plaintiff caused deed
to be recorded which he claimed to
have received from the heirs of the
original owner, then dead.
When the case came up for final
hearing last Tuesday ON defendants
motion they were permitted to amend
their answer to the complaint to the
extent of striking out certain words
and substituting others. Much of the
testimony submitted was in the form
of depositions and each step was stub
bornly contested.
The court found for the plaintiff on
finding of facts and conclusion of
law, both of which were signed in
open court and also the judgment
awarding the property to him. The
defendants excepted to all the tind-
ings of facts, except one, and also
to the conclusions of law, except two.
on the ground that they were contrary
to the evidence and the law
Ninety days were given in which to
prepare, serve and file bill of excep-
tiOns on motion for new trial.
lntervenor's Motion Denied.
The case of Rosenbaum Bros. & Co.
VS.. the Ryan Brothers Cattle COM
pany, the First National bank of Lea
venworth, intervenor, was up once
more. It came before the court on a
motion by the intervenor to strike out
parts of the answer to the complaint
in Intervention and grant separate de-
fenses. The petition was denied and
the .intervenor given 80 days in which
to further plead.
The matter of hearing the receivers
second report was continued until the
first day of the next term.
Docket Notes.
In the matter of A. G. Rich vs. the
Northern Pacific Railway company,
compromised earlier in the term, the
court signed judgment for the plain
tiff, according to the offer of settle
ment made by the defendant.
BY consent Judgment was awarded
the plaintiff in the case of Mathew NJ.
Brown VS.. Amaziah and Mary Lanier.
Plaintiff was awarded $2,044.2O, the
amount sued for, but no costs.
Judgment by default was ordered
in the case of Mary T. Eilers VS.. s.
B. Isaaci, ct al, and the decree signed.
The bill of exceptions submitted in
the matter of Catherine Kennedy, ad-
ministratrix, of the estate of E. B. 8
Kennedy, deceased, VS.. William Dickie,
was signed, settled and allowed.
An order was made permitting sub
stitution of Della F. Reynolds, execu-
trix, as plaintiff in the case of B. A.
Reynolds, deceased, VS.. George SOule.
The defendant excepted and was
granted 30 days in which to file and
serve his bill of exceptions. A motion
to strike was denied and by consent
the time for serving the bill of excep-
tions was extended until the first day
of the next term.
In the case of the W. S. Cooper
Brass Works company vs. George
Soule the defendant withdrew his an
swer to the complaint and permitted
judgment to be taken by default. The