The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-07-06
REPORT OF WORK
In SUPREME
COURT FOR WEEK

June 27th-P. o. & Besse Butler v.
Paradise Valley Irrigation District.
Appealed from Blaine County, Chi
nook Opinion of the court prepared
| by Justice Albert H. Angstman. JUS
tice c. F. Morris dissented.
Held: The Buffers claimed injury
to their land and crops as a result of
flooding alleged to be by reason of
negligence on the part of the irriga-
ton district. The cause was tried
to jury and a verdict was rendered
in favor of the irrigation district. The
sureme court affirmed the judgment
June 29th-Pappas G. Lucas v.
Braithwaite and Jens. Appealed from
Musselshell County. Roundup Unani-
nous 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
building during the occupancy as ten
ants by the defendants and where
the plaintiff at the beginning of the
trial elected to proceed upon the the
DRY of injury to the real property in
the nature of waste, it was held that
the trial court erred in denying de-
PENDANTS motion for a directed YER
dict when the undisputed evidence
disclosed that the action was not COM
menced within the two-year statute
of limitations (Sec 9033, Rev. Codes,
pleaded by the defendants.
June 2eth-GIacier County and
Francis E. ManIey V. C. E. Frsbee
and others. Appealed from Glacier
County, Cut Bank Opinion of the
court prepared by Chief Justice How
ard A. Johnson. Justices Hugh r.
Adair and Albert H. Angstman con-
curing specially Justice C. F. Nor
ris dissented.
Held: In a quiet title proceedings
involving Indian lands in Glacier
County which had been taken for
taxes, it was held that the 81 affi- |
1avit required by section 2214, Re-
vised Codes, was insufficient to give
the court jurisdiction for the order
to show cause provided by that sec
ton in that there was a failure to
show the amount of taxes etc. which |
must be paid for redemption; and |
(2) that whether or not the property |
was subject to taxation at all was
dependent upon the question of wheth-
er the Indian had consented to the |
issuance of a fee patent and that this
was a question of fact for determina-
ton by the trial court. The cause
was remanded for such determination.
June 30th-ln re Estate of Louis
Appealed from Fal-
on County, Baker. Unanimous opin-
on of the court prepared by Justice
Albert H. Angstman.
Held: Where the heirs of the Es-
ate of Louis Armesworthey petit {
Toned to set aside the final discharge [
If the administrator upon the grounds I
If failure to account for the proper
y, it was held that the evidence was
sufficient to sustain the trial courts l
hiding that no fraud occurred and
he judgment was affirmed.
June 3oth-Dorothy Young v. May
ninth and others. Appealed from Fal-
on County, Baker. Unanimous opin-
On of the court prepared by Justice
-lbert H. Angstman.
Held: In an action to quiet title ]
here the heirs of the Armesworthey I
state sought to defeat Dorothy i
'oungs action to quiet title to tax p
eed premises upon the grounds of
raud, it was held that no fraud oc-
urred and the judgment quieting the Z
tile in Dorothy Young was affirmed. {
June 30th-AIma Adami v. Dennis :,
lurphy. Appealed from Silver Bow u
ounty, Butte. Opinion of the court a
repaired by Justice Edwin K. Che =
lie. = =
Held: Plaintiff Alma Adami was y
ding in a car driven by her son. - -
here was a collision between that IL
II and car driven by Dennis Muir
~, the defendant. On a suit brought q
: the plaintiff, the defendant filed a.
cross-complaint Both parties con- -
Tered the other at fault and asked ~
r damages. The jury awarded dam , va
es to Dennis Murphy, the defend -
t. On appeal the supreme court VI
versed the judgment and the case
Is remanded for new trial
Prepared and released by: p,
PETER MELOY, Marshal