The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-05-20
HIS ACTION LOSING one
CONTINUED from First Page.)

many of the horses were so badly in
jured as to markedly ~depreciate their
value and alleged that no less than
LOO would recompense him on that
score. He also claimed that he had
been compelled to expend the sum Of
1915 for medicine and care for the
injured horses. The testimony he Of
fered was not of a very strong and
conclusive nature, being uncertain and
disjointed and the court in ~instructing
the jury ordered that it could not find
for the plaintiff in a sun to exceed
$275.
The jury vas out only a very short
time before it had arrived at a cor
clusion. On the first ballot, it is said
it was equally divided, six wanting to
find for the plaintiff in the full amount
| as instructed by the court, and six
voting ito return a verdict in favor OF
the company. A compromise was
reached by which Byers was given
$3.50, a little more than half of the
sum to which the court said he might
be entitled.
Oral notice of a motion for a new
trial was given by the attorney for
the railroad and the court ordered
that he have until June 26 in which
to file a statement of the case and bill
of exceptions. A stay of execution
until then was granted.
Docket Notes.
In the matter of the petition of Isa-
belle Jackson for a divorce from Oil
yer Jackson the court ordered a de.
cree on plaintiffs proof. Permission
was granted plaintiff to resume the
name she had before marrying Jack
son, Isabelle Donnhour.
Two motions were made in the case
of P. B. Moss VS.. Gwen F. Burla, coun
ty treasurer, which had it's origin at
former term. On the showing made
by plaintiff the court then granted ar
alternative writ of injunction requir
ing the defendant to show cause why
he should not be permanently %enjoineG
from selling plaintiffs homestead fo1
delinquent taxes. The matter has beer
pending since then and was resurrect
ed Wednesday on plaintiffs motor
to strike out certain parts of defend
ants answer to the complaint, ant
on defendants motion for judgmen
on the pleadings. Both motions will
be heard June 8.
The case of Sarah c. Partillo vs.
Ferdinand Partillo on plaintiffs nc
ton for alimony will come up Jun
8, until which date the matter ha
been continued.
An order was made granting tn
! trustees of the Congregational churc]
permission to mortgage certain pre-
A stay of execution for 80 days wa
ordered in the case of John Smitl
VS.. the Northern Pacific Railway CON
pany. In this matter the plaintiff re
covered a verdict against. the compan,
Tor personal damages sustained by be
ing forcibly elected from n OF it
trains. The cause was tried tWlc
and in each instance Smith wa
, awarded the full amount sued for. J
: new trial was granted the first tim
: and at the conclusion of the secon
i hearing motion for another hearin
5 was made. This was taken under al
visement and finally denied. The sta
ordered mean that an appeal is to b
taken.
. Austin North is a petitioner for lie
tiers of administration of the estat
t of Josephine Gilbert, deceased. HI
prayer came up Tuesday afternoo
and the court made an order settir
n the hearing for June 8. Meanwhi
notice by publication is to be give
and the clerk was directed to COMM
sion any notary public OF King count
Washington, to take the testimol
n of the husband of deceased, Gus Il