The people's voice. [volume] (Helena, Mont.) 1939-1969, 1943-07-16
REPORT OF WORK
HIN SuPRE Me
COURT FOR week
DECISIONS:

| Estate OF Belle .. lTVIfc. App6dle
from Silver Bow county, Butte. M
jority opinion OF the court by Justit
Hugh r. Adair. Justice G. F. Morr
concurred specially and Chief Justie
Howard A. Johnson and Justice A
bert Anderson dissented.
Held: Where Belle B. Irvine mad
a Photographic will, giving the mont
and year but did not specify the da
of the month, it was held that INSTR
ment was in substantial complianc
with the statute which requires holt
graphic wills to be wholly writer
dated, and signed in the handwritin
of the testator.
June 30th-John Grady and Paul {
Greene v. City of Livingston and otf
ers. Appealed from district court o
Park county, Livingston. Majorit
opinion prepared by Justice c. +
Morris. Justice Albert Anderson con
Cured specially and Justices Adai
and Erickson dissented.
Facts: The City of Livingston pur
chased certain dependable supplies
from firms with which the mayor ant
some of the alderman were connected
as officers or employees. Taxpayers
brought suit against the firms, con
tending that the contracts were voit
since the law (Sec. 444, Rev. Codes,
prohibited city officers from being in
of % hx
them in their official capacity. The
taxpayers sought to recover the
amounts paid for the goods.
Held: That under Sec. 446 of the
Codes, the contracts of purchases
were not void but were yoidable only;
that the complaint did not state a
cause of action since the city had re
ceived and consumed the goods and
made no contention that the items
ordered were not received nor that
the amounts paid were not fair and
correct; that the statutes do not con-
template that the city may consume
goods and then recover the amounts
paid for the goods, even though the
contracts could have been voided if
timely action were taken.
July 1st-AposteI Construction Com
pany v. John RaduIovich and Rudy
Endresse v. John Radulovich. Both
appealed from Silver Bow county
Butte. Unanimous opinion of the
court prepared by Justice Left Erick-
son.
Held: Where the district court
granted new trials on affidavits of
the losing party, John Radulovich, 1t
was held that the so-called newly dis
covered evidence contained in the af-
fidavits was cumulative and not of
The kind which warrants the grant
ing of new trial.
July 1st- Harry Sharp v. L. M.
Sharp. Appealed from Big Horn
Hardin. Unanimous opinion
Of the court by Justice Left Erickson.
Held: Where Harry Sharp sought
% have resulting trust declared in
of which L. M. Sharp, widow
If his deceased brother, held legal
title it was held that the evidence
vas sufficient to establish that Harry
Sharp furnished one-half of the pur
,hase price under a co-ownership
agreement with his deceased brother.
t was also held that there was suffi-
.ient foundation to admit the plant
limo or fn tpn 11fi nr1c
With and declarations of the de-
eased.
July 2nd-Joseph r. Smith v. School
District No. IS of Pondera county,
conrad. Majority opinion of the court
" Justice Hugh R. Adair. Chief
Justice Johnson and Justice G. F.
1orris dissented
Facts: Smith had taught the upper
rades in the Waller city schools for
even consecutive years. He also in
tructed the high school band. His |
asst signed contract in writing was for |
saching a period of nine months COM
lencing September 2, 1889. 1t spe-
chool district without. designating
he particular school. No formal con-
-act was signed for the next school
ear, the trustees simply notifying
NTH by letter that he would be re-
aimed. Two weeks before the begin
ing of the 1941 fall term, the super
ltendent assigned Smith to teach in
n ungraded rural school, some of
lie pupils therein being in the pri-
ary grades. Smith declined to ac-
spt the assignment, contending that
3 was not qualified to teach the
wer grades and that the non-action
the board under the Teachers Ten
re Act automatically effected his re-
ection to the position he had so long
cid as teacher of the upper grades in
lie Waller schools.
Held: That Smith was reelected
his old position as teacher in the
alier city schools under the Teacher
enure Act, the purpose of which
S not merely to insure teachers
aching employment, but it is also to
sure to teachers who have held
aching positions for three or more
,ars consecutively, security in the
,sition, the grade or the status
hich they have thus attained"
July 9th - State of Montana V.
1och Hukoveh. Appealed from Deer
,dge County, Anaconda. Unanimous
Union of the court prepared by
lief Justice Howard A. Johnson.
Facts: Hukoveh shot and killed two
eaded guilty to two informations
d was given life sentence on each. Y