The people's voice. [volume] (Helena, Mont.) 1939-1969, 1945-03-23
REPORT OF WORK
IN SUPREME
COURT FOR Week

CUUkIfUk WEEk
March 16th-WiIliam A. Davenport
" Clara Townsend and Clara Town
send v. j. r. Davenport. Two cases
tried together and appealed from Sill
yer Bow county. Butte Unanimous
opinion of the court prepared by Mr.
Justice Albert H. Angstman.
Facts: These cases involve con-
troversy wherein Clara Townsend
purchased, subject to foreclosure
proceedings, which was subsequently
held, an apartment building in the
city of Butte. The mortgagor's equity
of redemption was outstanding and in
1929 ]. r. Davenport purchased it for
$1,000 and sold it to Clara Townsend
for $4,000. ASA part payment she gave
him note for $4,000 The note was
not paid and note for $1,000, repre-
senting interest on the $4,000 note,
was given to William A. Davenport,
who sued to recover on the interest
note. Clara Townsend then brought
suit to have the $4,000 note declared
null and void She alleged lack of
consideration and fraud. The district
court found that all of the transac-
tons between Clara Townsend and
j. r. Davenport were fair, honest and
consistent with fair dealing.
Held: That the judgment of the
district court be affirmed, that there
was conflict in testimony as to what
20 M Tnuncnnd
and ]. R. Davenport and that there
is substantial evidence justifying the
trial court in accepting j. r. Daven-
ports version of the transaction. The
court further held that appellants con-
tention, that there was undue influ-
ence or duress (under Sec 748S, Rev.
Codes even though ]. r. Davenport's
version be accepted, would not aid her
since any cause of action arising by
virtue of that section would be barred
by the statute of limitations pleaded |
by respondent
March 10Th = State ex rel. Harold
{. Mueller v. H. G. Todd, as treasurer
of hte town of Ryegate, Montana. APP
pealed from Golden Valley county,
Ryegate. Opinion of the court pre-
pared by Mr.. Justice Albert Angstman.
Mr. Justice Morris dissented in part
and concurred in part
Facts: Mueller owned one of the
own of Ryegatee's water bonds and
)y mandamus sought to have it paid.
The supreme court ordered 1t paid in
he appeal reported in ia Mont. 35.
.32 Pac. ed 1874 The district court
hen entered judgment in favor of
Mueller directing levy of tax to
Jay all of the delinquent water bonds
ogether with interest on the principal
obligation and interest on the delin-
uent interest coupons. The court also
liked the damages in the sum of $4,000
of s2,223 for attorneys
ees. On this appeal the town of Rye
ate contended that interest should
ot be allowed on the delinquent In
crest coupons and that the damages
ssessed contained an excessive at
orney fee. :,
Held: % That interest on the de-
nquent interest coupons should be
flowed, and ~ since all that Muel- :
sr recovered was $1,000 plus interest
hat the attorneys fee was excessive
nd that a reasonable fee would be
900, making total award, including J
Their damages, of 1877.
March 17th-State of Montana ex
Ell. Peter Stefonick v. District Court
Beaverhead county. Original pro- :
eeding in the supreme court arising u
ut of facts occurring in Beaverhead
ounty, Dillon. Opinion of the court
repaired by Mr. Chief Justice Howard f
Johnson. Justices Albert II. Angst
AN and Claude F. Morris dissented. r
Facts: In a divorce proceeding in
eaverhead county district judge o
as disqualified by each party under v
ibdivision of section 1868, Revised C
odes, for implied bias. Judge Conner il
Missoula was then called in, as p
lmed Jurisdiction in February, 1914, C;
card the case, and rendered decree a
plaintiffs favor. In September de- n
ndant appealed to the supreme court tC
Id plaintiff in November, 1914, filed 81
motion in district court for an or F
,r requiring defendant to pay her
,sts and attorneys fees on appeal.
then filed an affidavit seek
g to disqualify Judge Conner from :
caring the motion, but thereafter Il
esented his bill of exceptions to
dge Conner for settlement.
In this special proceeding the de-
ndant sought writ prohibiting
dge Conner from hearing the plain
rs motion for costs and attorneys
es on appeal.
Held: That the statute requires
g second or subsequent disqualify-
g affidavit to be filed within three
US after notice as to the judge as
ming Jurisdiction; that the affidavit
MED
March 17th-cora Green " City of
,undup. Appealed from Musselshell
unity, Roundup. Unanimous opinion
the court prepared by Mr.. Justice
win K Cheadle.
Held: Where Cora Green brought
it against the city of Roundup for II
rsonal injuries alleged to have been
stained by her as the result of the
wing Of an automobile, in which
3 was passenger, into ditch or III
inch excavated by the defendant III
y in one of it's streets, it was held
1t, since it was neither laleged or
wed that the written notice of in