Montana labor news., 1934-05-31
No. 34962
ALIAS SUMMONS

In the District Court Of the Second Judi
cial District OF the State of Montana, in
and for the County OF Silver Bow.
The State of Montana, State Highway Com
mission of the State of Montana, and o.
S. Warden, ]. H. Rowe and l.. J. Groom
enberghs as Members OF and constitut-
ing the State Highway Commission of the
State of Montana, Plaintiffs,
John K. Claxton, Administrator of the Es-
tate of Joseph S. Baer, deceased; Leo
pold Stettheimer, Charles D. Boyles and
Thomas Kearney, Executor of the Estate
of James Kearney, Deceased, Defendants.
The State of Montana to the Above Named
Defendants, Greeting:
You, and each of you, are hereby requir-
ed to appear before the above-entitled court
at the court room of Department No. of
the courthouse in Butte, Silver Bow County,
Montana, on the l4th day of July, A. D.,
1884, at the hour of $50 o'clock A. NJ,
Of said day, then and there to show cause.
if any you have, why the property described
in said complaint, and hereinafter described.
should not be condemned for a right of
way for a State federal aided highway, as
prayed for in plaintiffs complaint.
This action is brought to condemn, for
a right of way for a State federal aided
highway, an e in the following des.
cribed land, situated in the County Of Sill
yer Bow, State Of Montana, to-wit;
PARCEL NO.
A tract Of land in Mineral Survey No.
1908 in the NWN NEN of Section %,
+. 3 NJ, R. 8W., M.P.M., Silver Bow
County, Montana, more particularly des-
cribed as follows;
Beginning at corner No. 3 Of said Mi.
eral Survey No. 1908; thence westerly
1910 feet along the southerly line Of
said Mineral Survey No. 1908; thence
N. go 30' E., 204.5 feet to a point on
the easterly line of said Mineral Survey
No. zoos thence southerly 1873 feet
more or less, along the said easterly line
to the point of beginning, and contain
ing in all OH of an acre, more or less
which parcel of land is a part of what
is known as the Garfield Lode, a pat.
ented mining claim, Mineral Survey No
The complaint alleges that the Estate oil
Joseph S. Baer, deceased. Leopold Stett-
heimer and Charles d. Boyles, own or claim
to own said parcel of land above described
and that the defendant, John K. Claxton
is the duly appointed, qualified and acting
administrator of said Estate of Joseph S
Baer, deceased.
The complaint alleges that the said par.
eel Of land so sought to be condemned and
taken, forms and constitutes only a por-
tion of a larger tract of land from which
said strip is to be taken.
You, and each of you are hereby notifi,
ed that If you fail to appear before the
court at the time and place hereinabove
specified and show cause why the property
hereinabove described should not be con.
demned as prayed for in the complaint, the
plalnt1ifS Will then ana there apply to the
said court for an order appointing com.
missioners to appraise the same, and as.
sess the damages for the taking thereof, as
prayed for in the complaint; and for such
other and further relief prayed for in tn,
complaint, which may be agreeable to the
statutes in such cases made and provided
Given Under My Hand and Seal. in the
District Court of the Second Judicial Dis.
trict of the State OF M~otnana, in and foi
the County Of Silver Bow. this 10Th day Of
May. A. D., 1884.
F. P. KELLY. Clerk of the District
By P. il, SULLIVAN. Deputy Clerk
COURT SEAL)
Raymond T.. Maggie,
Attorney General of State of Montana,
Helena, Montana.
Jeremiah J. Lynch, First Assistant Attor.
ney General of the State of Montana,
Helena, Montana.
John w. Bonner, Special Assistant Attor.
ney General of State of Montana,
Helena, Montana.
Harry Freebourn, County Attorney of Sill
Yer Bow County,
Butte, Montana.
First publication May Gath, l934-4T.