Great Falls daily tribune., 1920-06-27
ACTION Of AUDITOR
D|SPROV|NG CLAIM
CANNOT Be REVERSED
Supreme Court Decides Sheri-
dan County Case Against
the Commissioners.
Special to the Daily Tribune.

Special to the Daily Tribune.
Helena, June 26.-Twelve opinions
we're delivered by the supreme court
today, the most important being that cf
Major, county clerk of Sheridan. III
which the court holds that it is not
within the authority of board of county
commissioners to settle and allow q
claim against the county, notwithstand-
ing the auditor has disproved 1t. The
only power left to a board in such an
instance is to disprove them, says Chief
Justice Brantly, so that the claimant
may, at the option, proceed to enforce
it against the county by an appeal to
the district or by bringing an action
directly against the county. AS to
claims approved by the auditor, the board
may allow or disallow them at its dis
cretion.
In an opinion by Justice Cooper the
supreme court affirms the lower court
in finding for the defendant in the suit
of Lura A. Nelson against the Mutual
Life Insurance Company to recover upon
a life insurance policy of $1,000. The
court holds the policy had lapsed before
the insured died, through failure to pay
the premium and neglect to have it re-
instated.
Justic Matthews wrote the decision
affirming the action Of the lower court
In denying an INJUNCTION dppueu Lof py
Farley A. Daniels to prevent Joseph
P. Nolan from closing certain road.
Chief Justice Brantly wrote the OPP
inion affirming the action of the district
court of Silver Bow in directing the
jury to return a v/rdict in favor of
Felix Gomez, on tri1 for the murder of
Juan Domengo at divide. The court
holds there was no substantial evidence
upon which to base a verdict of guilty.
ic affirmed N finding
for the defendants in suit brought by
Bradford HI. Ellis of Helena against e.
A. Cornwell, +. " II. Collne and others,
sureties on the notarial bond of Edgar
H. Hale of Forsyth, who forged the sig
natures of Newton Sanders and wife to
q mortgage, and then embezzled the pro-
ceeds of $1,000 chck which was the
amount of the mortgage.
The district court of Blaine county
in sustaining a motion made by the de-
fendants in suit of Kathryn G. Mclean
against James L. Dickson and Myrtle
Dickson for $4,000 for alleged wrongful
acts and circulation of defamatory state
ments, Justice Hurry wrote the opinion.
The lower court is affirmed in find
ing for the plaintiff in a suit of The
Sanborn company against Z. II. Pow
ers to recover on an open account.
Holding that If check is accepted
It stands as payment until dishonored
in an opinion by Justice Matthews the
court of Yellowstone county in finding
for the Montana Livestock q Loan COM
pany against William Stewart to recov
damages for the alleged breach of
contract for the sale of certain sheep.
Stewart accepted a check as part pay
ment and then called up the bank and
asked if it would guaranty" the pay
ment of the check. The bank would not
do so, Stewart considered the contract
broken and sold the sheep at an advance
to another party.
In another opinion by him the order
of the district court of Chouteau county
is affirmed in awarding temporary ali
mony, suit money and attorneys fees
to Bessie l.. McMurray, defendant in
an anulment proceeding brought by VIII
lis A. McMurray.
With directions to enter judgment in
favor of the defendant, in an opinion
by Justice Matthews, the supreme court
reverses the judgment of the district
court Of Gallatin county in favor of
Matte A. Tuttle against the Pacific
Mutual Insurance company to recover
$500 on an accident policy in her favor
on insurance carried by her son, Ora
Tuttle, who was lost while hunting in
1910 and whose body was found in 1913.
The policy was anly against the effects
of bodily injuries sustained by external
violent and accidental means.