Montana labor news., 1945-07-05
Decisions of the Montana
Supreme Court
For Week Ending June 30

June 28th-P. o. & BesSe Butler vs..
Paradise Valley Irrigation District. APP
pealed from Blaine County, Chinook
Opinion Of the court prepared by Justice
Albert H. Angstman Justice c. F. Nor
ris dissented
HELD: The Buffers claimed injury to
their land and crops as a result Of flood
ing alleged to be by reason of negligence
on the part of the Irrigation District
The cause was tried to jury and a
verdict was rendered in favor of the
Irrigation District. The Supreme Court
affirmed the judgment
June 28th-Pappas & Lucas VS.. Braith-
waite and Jens Appealed from Mussel-
shell county, Roundup Unanimous
opinion of the court prepared by Justice
Hugh r. Adair.
HELD; In a suit to recover damages
for the removal Of a balcony in a build
ing during the occupancy as tenants by
he defendants and where the plaintiff
at the beginning of the trial elected to
proceed upon the theory Of injury to the
real property in the nature Of waste, it
was held that the trial court erred in
denying defendants molten for a di-
rected verdict when the undisputed evil
dence disclosed that the action was not
commenced within the two year statute
Of limitations CSec 9O33, Rev Codes,
pleaded by the defendants.
June 29th-Glacier County & Frances
e. AIanley VS.. c. E. Frisbee and others.
Appealed from Glacier County Cut
Bank. opinion of the court prepared by
Chief Justice Howard A. Johnson. JUS
ices Hugh r. Adair and Albert H.
Angstman concurring specially. Justice
! @. F. Morris dissented,
HELD. In a quiet title proceeding in
yolving Indian lands in Glacier county
which ha dbeen taken for taxes it was
heldo that % affidavit required by sec
| zion 22l4, Revised Codes, was insuffi-
cient to give the court jurisdiction for
the order to show cause provided by that
section in that there was a failure to
| show the amount of taxes, etc, which
must be paid for redemption; and %
that whether or not the property was
subject to taxation at all was dependent
upon the question of whether the Indian
had consented to the issuance Of a fee
patent and that this was a question of
fact for determination by the trial court.
The cause was remanded for such deter
mination
June 3Oth-In re Estate Of Louis
Armesworthey. Appealed from Fallon
county. Baker Unanimous opinion Of
the court prepared by Justice Albert H.
Angstman.
HELD: Where the heirs Of the estate
Of Louis ArmesWorthey petitioned to set
aside the final discharge Of the admins
traitor upon the grounds OF failure to
account for the property, it was held
that the evidence was sufficient to sus-
tain the trial courts finding that no
fraud occurred and the Judgment was
affirmed
June 3Oth-Dorothy Young vs.. May
Smith and others Appealed from Fallon
county. Baker. Unanimous opinion OF
the court prepared by Justice Albert H
Angstman
HELD: In an action to quiet title
where the heirs of the Armesworthey
Estate sought to defeat Dorothy Young's
action to quiet title to tax deed pre-
misses upon the grounds of fraud, 1t was
held that no fraud occurred and the
judgment quieting the title in Dorothy
Young was affirmed
June 30th-Alma Adami VS.. Denni:
Murphy. Appealed from Silver Bow
county, Butte opinion of the court pre-
pared by Justice Edwin K Cheade
HELD: Plaintiff Alma Adami was rid
! ing in car driven by her son. Ther'
was collision between that car and {
car driven by Dennis Murphy. the De