Volume 19 — Montana Reports

Action on contract. The cause was tried before Buck, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion.

Information for murder in the first degree. The defendant’s pleas of former acquittal and former jeopardy were sustained by Benton, J.

Action by trustee to confirm his title to trust property. The cause was tried before Benton, J. Plaintiff had judgment below. Statement of the case by the Justice delivering the opinion.

<p>Appeal — New Trial-Sufficiency of Record. — An order denying a new trial will be affirmed on appeal where the record contains no statement of the case, or specifications of errors of law or insufficiency of evidence.</p>

Action for dower. The cause was tried before DuBose, J., sitting in place of Armstrong, J. Plaintiff had judgment below. Statement of the case by the Justice delivering the opinion. Leander M. Black in the year 1881 died in the county of Gallatin in this State. During his lifetime he had been the owner in fee of a large amount of real estate, situated in the city of Bozeman in said county, and which real estate is described in the complaint in this action.

Foreclosure of mechanic’s lien. Judgment was rendered for the defendant mortgagees by Brantley, J. Statement of the case by the justice delivering the opinion. Levi C. Johnson, plaintiff in this action, alleged fifty-seven causes of action upon liens for matei’ials furnished to the Puritan Mining and Milling Company, defendant, or for labor performed upon the mines of said company.

Judicial District, Flathead County. Conviction for grand larceny. The defendant was tried before Pomeroy, J. Statement of the case by the justice delivering the opinion. The defendant was convicted of grand larceny and sentenced to the penitentiary by the district court of Flathead county on February 12th, 1896.

Action on bond. Judgment was rendered for the plaintiff below by Blake, J. Statement of the case by the justice’delivering the opinion. This is a suit to reform a bond, and for judgment therefor, after reformation thereof has been decreed. This is the second appeal of the ease. (See Watson v. O'*Neill et al., 14 Mont. 197.

Action on Judgment. Judgment was rendered for the plaintiffs, below by Buck, J. Statement of the case by the justice delivering the opinion. It appears from the record and pleadings in this case that on March 4th, 1887, plaintiffs recovered judgment against the defendant before a justice of the peace for the sum of $298.99 and costs. This is an action commenced in the district court to recover judgment on the judgment rendered before said justice of the peace.

Injunction to restrain issuance and sale of city bonds. Judgment was rendered for defendants below by Blake, J. Statement of the case by the justice delivering the opinion. The plaintiff and appellant is a resident and taxpayer of the city of Helena. The defendants are the . city of Helena, the mayor, aldermen, treasurer and the city attorney of said city.

Creditor’s bill to set aside an assignment for benefit of creditors. Judgment was rendered for the plaintiffs below by Buck, J.

Injunction to restrain diversion of water. Decree for defendant was entered by Du Bose, J. Statement of the case by the justice delivering the opinion. Suit by plaintiffs against the defendant to enjoin him from interfering with the plaintiffs’ use and enjoyment of the waters of an irrigating ditch described in the complaint and situated in Fergus county.

Brantly, Judge. Action by Angus A. McDonald against Edward Lannen and others to determine the priorities between water rights. There was a judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. This action was commenced on the 7th day of November, 1893, under Sec. 1260, p. 997, 6th Div.

K. Armstrong, Judge. Action by Ebenezer Morse against Felix Callantine. Plaintiff had judgment by default, and defendant appeals. Statement of the facts by the justice delivering the opinion.

J. McHatton, Judge. Action by Samuel Mulville, administrator of the estate of Charles P. Young, deceased, against the Pacific Mutual Life Insurance Company of California. There was a verdict for plaintiff, and from an order granting defendant a new trial plaintiff appeals. Statement of the facts by the justice delivering the opinion.

Action on the relation of Leo C. Harmon, receiver of the Stock Growers’ National Bank of Miles City, Mont., against John M. Conrow and others, upon a sheriff’s bond, for damages for a wrongful levy. From a judgment on a verdict directed for the defendants, plaintiff appeals. Statement of the facts by the justice delivering the opinion.

K. Armstrong¡ Judge. Action by the General Electric Company against M. M. Black, W. M. Nevitt, and Rosa G. Black, on an account. From a judgment in favor of the defendants, plaintiff appeals. Statement of facts by the justice delivering the opinion.

J. Mediation, Judge. Action to foreclose a mortgage. Defendants (appellants here) admit the execution of the note and mortgage pleaded, but allege fraud and misrepresentation, by means of which they were induced to execute the same. Verdict and judgment for plaintiff. Defendants appeal.

K. Armstrong, Judge. -Action by Ellen M. Stebbins against Robert O. Morris. Demurrer to the complaint - was ■ sustained, and plaintiff appeals. Statement of the case by the justice delivering the opinion.

t. K. Armstrong, Judge. Action by C. S. Hefferlin against F. A. Krieger and another on a promissory note. From a judgment in favor of plaintiff, defendants appeal. Statement of the case by the justice delivering the opinion. This is a suit on a promissory note.

William 0. Speer, Judge. Action by Theodore Richards and Patrick Culkin, co-partners as Richards & Culkin, against Lewisohn Bros., to enforce a mechanic’s lien. There was judgment for plaintiff, and defendants appeal. Statement of the case by the justice delivering the opinion. Foreclosure of mechanic’s lien.

J. J. McBatton, Judge. Actions by H. B. Mulligan and J. F. Featherkile against the Montana Union Railway Company. From an order in the Mulligan case sustaining plaintiff’s motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. These cases were both for the recovery of damages for personal injuries. The plaintiff (respondent) Mulligan was a fire-, man upon the defendant (appellant) railroad company’s road.

C. H. Benton, Judge. Action by W. H. Davis against W. M. Morgan, as constable, for conversion of property. Judgment ior plaintiff, from which, and from an order denying a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. Conversion charged against the defendant by the plaintiff because of the wrongful acts of the defendant in taking a stallion from the possession of the plaintiff.

Theo. Brantly, Judge. Action by A. Beckstead against the Montana Union Bail-way Company to recover damages for the killing of plaintiff’s stock. From a judgment for plaintiff, and from an order denying a motion for new trial, defendant appeals. Statement of the case by the justice delivering the opinion.

Charles W. Pomeroy, Judge. Application by the state, on the relation of Joseph L. Giroux, for a writ of habeas corpus against Rebecca Giroux. From a judgment for defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. This appeal is the result of a habeas corpus proceeding in the district court of Flathead county for the custody of a minor child withheld by its mother from the father.

Id. Den-ton, Judge. Action by Patrick Sweeny against the Montana Central Railway Company. There was judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. This is an action to recover damages to real estate.

H. It. Buck, Judge. Action by A. M. Holter and M. M. Holter, co-partners as A. M. Holter and Bro., against Ferdinand J. Wassweiler and wife, to cancel ce.tain conveyances ' From a judgment for plaintiffs, defendants appeal. Statement of the case by the justice delivering the opinion. The plaintiffs are co-partners, and the defendants husband and wife.

C. H. Benton., Judge: Action by Valentine Laubenheimer against Bach, Cory & Co., Limited, and others, for conversion. Judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. Suit to recover $9,750, with interest, the value of 325 head of cattle belonging to plaintiff, and alleged to have been converted by the defendants.

LI. F Blake, Judge. Action by Henry Jurgens, sheriff of Lewis and Clarke county, Mont., against Samuel T. Hauser, to recover fees for selling property on foreclosure of a mortgage. From a judgment in favor of plaintiff, defendant appeals.

J. J. McHatton, Judge. Action by the Ames & Frost Company and others against James K. Heslet and others to set aside an assignment for the benefit of creditors of the J. Chauvin Northwestern Furniture Company. From a judgment for defendants, and from an ordef denying a motion for new trial, plaintiffs appeal. Statement of the case by the justice delivering the opinion.

J. J. McHatton, Judge. Action by Walter S. Gerry and others against the Bismarck Bank of North Dakota and others. Held: for the purpose of authorizing the execution of a mortgage on the Valley lode claim, and the Tecumseh mine as well, to secure the purchase price of said Valley claim; that the number of shares voted at said meeting, through said fraud and conspiracy, was 190,898; and that, therefore, there was no legal authorization for the execution…

Frank Henry, Judge. Action by the National Cash-Register Company against J. A. Brown and R. D. Alton, doing business as J. A. Brown & Co. Judgment for plaintiff and Alton appeals. Statement of the case by the justice delivering the opinion. This is an action commenced in a justice of the peace’s court in Park county, by the plaintiff, to recover judgment against the defendants on four promissory notes, described in the complaint.

William 0. Speer, Judge. Information against the defendants, W. Gray and others, for keeping and maintaining a gambling house, or place where gambling is carried on for money, without a license. The defendants filed, a general demurrer, which was sustained by the court, and the defendant's were discharged. The state appeals. Statement of the case by the justice delivering the opinion.

Frank Henry, Judge. Action by the state against Michael Wrote and others. Judgment for the state, and defendants appeal. Statement of the case by the justice delivering the opinion.

F. K. Armstrong, Judge. Action by Tim McCarthy against James J. O’Marr. Judgment for plaintiff. Defendant appeals. . Statement of the case by the justice delivering the opinion. Assumpsit for money had and received.

F. K. Armstrong, Judge. Action by J. A. Knight and another, as administrators with the will annexed of the estate of George Henry Godwin, deceased, against Peter Le Beau. From a judgment for plaintiffs on the pleadings, defendant appeals. Statement of the case by the justice delivering the opinion. The paintiffs’ complaint in this action is as follows: “The plaintiffs complain of the defendant, and allege: First.

Frank Henry, Judge. Action by Max Sklower against C. P. Abbott to quiet title. From a judgment in favor of plaintiff on refusal of defendant to amend after a demurrer to the answer was sustained, defendant appeals. Statement of the case by the justice delivering the opinion. This was an action to quiet title to real estate situated in Meagher county.

J. J. McMatton, Judge. Action by Timothy Reardon against H. M. Patterson and T. J. Murray for the conversion of a school warrant. Judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. This action was for the recovery of a school warrant originally issued to appellant (plaintiff below). The judgment in it was rendered before the Codes of 1895 went into effect.

George P. Milburn, Judge. Action by Charles Sanderson against the Billings Water Power Company for personal injuries. Judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. This was an action, brought by respondent (plaintiff below) against appellant (defendant below) for personal injuries. The pleadings were a complaint, answer and replication. A trial resulted in a verdict and judgment for plaintiff for $2,500 damages.

C. H. Benton Judge. Proceeding on the relation of David H. Young against Sol. Yates to determine the right to a city office. Judgment for defendant, from which, and from an order denying a new trial, relator appeals. ° Statement of the case by the justice delivering the opinion. This action was brought by relator, Young, appellant here, to try the right of the defendant, Yates, to the office of city jailer of the city of Great Falls.

H. AT. Blake, Judge. Action by Fred B. Morrill against Aaron Hershfield, to recover for services rendered as an attorney. Held: 90 N. Y. 640 ; Filer v. New York Central R. R. Co., 49 N. Y. 42; Harnett v. Garvey, 66 N. Y. 641; Cowley v. The People, 83 N. Y. 470; Kerr v. Lunsford, 2 L. R. A. 669; Lamoure v. Caryl, 4 Denio 370; Stevens v. City of Minneapolis, 43 N. W. 843.) If opposing counsel does not think all the facts are- included in the hypothetical…

C. 3. Benton, Judge. ' Proceeding by A. E. Dickerman against W. H. Gelsthorpe, to contest an election. Judgment in court below was for contestant. Statement of the case by the justice delivering the opinion. This was a proceeding instituted under the provisions of Title II, part III, of the Code of Civil Procedure of Montana, to contest an election to the office of county treasurer of Cascade county.

Lewis cmd Clarke County. Henry N. Blake, Judge. Action by Silas M. Giddings against A. M. Holter and others and the Castle Land Company. From a judgment for plaintiff as against all the defendants, the company and the * other defendants bring separate appeals. Statement of the case by the justice delivering the opinion. Action on covenants of warranty, and against the trustees of a corporation for failure to file annual reports and for a false report.

F. K. Armstrong, Judge. ■ Quo Warranto on the relation of W. Randolph Brooks to determine the right of William'J. Fransham to the office of sheriff of Gallatin county. From a judgment in favor of defendant, relator appeals. The elector’s nomination was utterly void.

, Appeal from District Court, Cascade County. C. H. Benton, Judge. Action by the Pabst Brewing Company against the Montana Brewing Company and another. From a judgment in favor of plaintiff, and from an order denying a new trial, the defendant Montana Brewing Company appeals. Statement of the case by the justice delivering the opinion.

. ' F. H. Woody, Judge. Action by Henry. C. Stiff against H. W. McLaughlin, sheriff of Missoula county, and others. There was judgment for defendants on the pleadings, and the plaintiff appeals. Statement of the case by the justice delivering the opinion.

William O. Speer, Judge. Action by the Butte Butchering Company against S. H. H. Clarke and others, receivers of the Union Pacific System. From an order denying their motion to vacate a judgment by default, defendants appeal. Statement of the case by the justice delivering the opinion. This was an action to recover the value of 84 head of calves. In the court below respondent (plaintiff) filed a complaint, and summons was issued thereon-.

U. Jf. Blake, Judge. Action by the Montana Mining Company, Limited, against the St. Louis Mining & Milling Company of Montana and others. From a judgment for plaintiff entered on an order overruling a demurrer to the complaint, defendants appeal. Statement of the case by the justice delivering the opinion.

C. H. Benton, Judge. Action by the American Savings & Loan Association against Harry D. Burghardt, Clara E. Burghardt, his wife, and Arthur E. Dickerman to foreclose a mortgage. From a judgment in favor of defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action brought by the plaintiff to recover judgment for the payment of the following note or instrument: “Great Falls, Montana, December 7th, 1888. §3,000.00.

Theodore Brantley, Judge. Trespass by Julia M. Peterson against J. C. Savery. From a judgment for plaintiff, and from an order overruling a motion for new trial, defendant appeals. Pending the appeal, plaintiff died, and J. H. Meyers, her administrator, was substituted in her stead. Statement of the case by the justice delivering the opinion. Trespass.

J. J. Me Hatton, Judge. Action by A. Gr. McIntyre against Peter McCabe. From a judgment for defendant, and from an order denying a motion for new trial, plaintiff appeals.

William 0. Speer, Judge. Action by Charles Maul against Carl Schultz and Mary Schultz to recover rent. From a judgment for a smaller amount than that claimed, and from an order denying a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion.

District Court, Silver Bow County. J. J. McSatton, Judge. Action by George H. Casey and others against Theophile Thieviege and others. Judgment for defendants, and plaintiffs appeal. Statement of the case by the justice delivering the opinion. Appellants (plaintiffs below) brought an action in ejectment against 73 defendants to recover possession of certain land lying within the limits of Butte City, Montana.

Frank K. Armstrong, Judge. Creditors’ suit by the National Wall Paper Company against L. W. McPherson and Melissa Lewis, executrix of S. W. Lewis, deceased, to set aside conveyances from McPherson to Lewis, as in fraud of creditors. Judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion.

LL. N. Blake, Judge. Action by T. F. Mathias against the White Sulphur Springs Association. From a judgment for plaintiff, and from an order denying a motion for new trial, defendant appeals. Statement of the case by the justice delivering the opinion. The plaintiff (respondent herein) brought this action against the defendant and appellant corporation for services alleged to have been performed by him, as an architect, in drawing plans for a building for the defendant.

Frank Henry, Judge. Claim by S. L. Holliday, as treasurer of Park county, against Sweet Grass county. Held: under the general law of the state (§ 756, div. 5, Comp. St. 1887) regulating the meetings of boards of county commissioners, on June 7, 1895, and a warrant was duly drawn in favor of Park county for the sum of $42,774.90, and paid.

J. J. McIIatton, Judge. Action by Fannie Matusevitz against the Citizens’ District Messenger & Burglar-Alarm Telegraph Company and another. Judgment for defendants, and plaintiff appeals. .

Dudley Du Bose, Judge. Action by John J. McDonnell against T. E. Collins and J. T. Armington. Defendants’ application for a change of venue was denied, and they appeal. Statement of the case by the Justice delivering the opinion. Plaintiff brought this suit in the district court of Fergus county to recover the amount of an account claimed to be due and owing from defendants.

Dudley Du Bose, Judge. Action by Gustave Yoigkt against H. P. Brooks, John Brooks and Anthony Brooks, partners as H. P. Brooks & Bros., on an account stated. Judgment for plaintiff, and defendants appeal. Statement of the case by the justice delivering tbe opinion. Action on an account stated.

J. J. McHatton, Judge. Action by Edward L. Mahoney against the Butte Hardware Company. Judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. Mahoney (plaintiff and respondent herein) had an account against the Shonbar Mining Company, a corporation, for a boiler sold to it- and labor performed in its behalf. This account amounted to $1,691.31.

Frank Showers, Judge. Action by Edward I. Goodkind against Alexander Gilliam. From a judgment in favor of defendant, and from an order denying a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action to recover the possession of personal property. The property consists of a billiard table and bar fixtures, such as ordinarily pertain to a billiard saloon, which are alleged to be of the value of §1,000.

J. J. McIIatton, Judge. ■ Partition suit by James A. Murray against Patrick Conlon and others. From orders of the court setting aside a fee originally taxed in favor of plaintiff’s attorney, in hearing evidence of the value of only such services as were rendered after the decree and judgment were signed, and reducing the fee, plaintiff appeals. Statement of the case by the justice delivering the opinion. Suit for the partition of certain realty in the county of Silver Bow.

J. J. Mediation, Judge. Partition Suit by James A. Murray against August Milz and others. Prom orders of the court setting aside a fee originally taxed in favor of plaintiff’s attorney.

Theodore Brantley, Judge. Action by Andrew J. Whiteside against W. E. Catching, administrator of the estate of Joel P. Catching, deceased. Judgment for defendant, from which, and from an order denying a motion for new trial, plaintiff appeals. Statement of the facts by the justice delivering the opinion. The facts in this case were as follows: The appellant, Whiteside, obtained a judgment against one Joel P. Catching on October 22, 1888.

Frank Showers, Judge. Action by Martin Barrett against J. G. Shannon, treasurer of Beaverhead county, to recover taxes paid. Judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion. The defendant is the treasurer and collector of taxes in Beaverhead county. The complaint alleges that on the 30th.

Appeal from District Court, Beaverhead County. Frank Showers, Judge. Action by D. E. Metlen against J. Gr. Shannon, treasurer of Beaverhead county, to recover taxes paid. Judgment for plaintiff and defendant appeals.

George B. Milburn, Judge. Action by the Yellowstone National Bank of Billings, a corporation, against E. H. Gagnon. From a judgment in favor of plaintiff, defendant appeals. Statement of the case by the justice delivering the opinion. The plaintiff and respondent bank sued the defendant and appellant to recover upon three promissory notes made by the defendant. One of the notes was dated April 25, 1895, for the sum of $750.

Appeal 'from, District Court, Silver' Bow County. J. J. Mcllatton, Judge. Action by Phil J. Harrington against the Butte & Boston Mining Company, John A. Leggat, and others. There was judgment on a verdict for plaintiff. A motion for a new trial was denied, and defendants appeal. Statement of the case by the justice delivering the opinion.

William 0. Speer, Judge. Action by W. A. Willoughby, assignee of Luciano Guerra, against S. J. Reynolds, sheriff of Silver Bow county. Judgment for plaintiff. Defendant appeals. Statement of the case by the justice delivering the opinion. This is an action to recover possession of personal property.

F. K. Armstrong, Judge. Action by Thomas Lewis against Joseph M. Lindley, and Eachel M. Lindley to establish and enforce an equitable lien on land. From a decree for plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion. Appeal from a judgment and an order overruling defendants’ motion for a new trial.

Frank Henry, Judge. Mandamus on the relation of George W. Pierson against O. E. Millis, chairman of the board of county commissioners for Carbon county. Judgment was entered against defendant, who failed to appear, and from a special order thereafter made, denying his motion to reform said judgment and quash the alias execution, he appeals. Statement of the case by the justice delivering the opinion.

Theodore Brantley, Judge. Claim by John W. Morse against the board of county commissioners of Granite county. Judgment of nonsuit. Plaintiff appeals. Statement of the case by the justice delivering the opinion.

J. J. McHatton, Judge. Action by the Big Blackfoot Milling Company against the Blue Bird -Mining Company, Limited, and others, to foreclose a mechanic’s lien. There was judgment on demurrer sustained to the complaint, and plaintiff appeals. Statement of the case by the justice delivering the opinion. This is a suit to foreclose a mechanic’s lien.

Frcmk Showers, Judge. Proceeding by Frederick Ellinghou.se and Elijah D. Marsh to condemn right of way for an irrigating ditch across the lands of Thomas T. Taylor. From a decree establishing such right of way, defendant appeals. Statement of the case by the justice delivering the opinion.

F. K. Armstrong, Judge. John Bboadbent was convicted of assault in the second degree, and he appeals. Statement of the case by the justice delivering the opinion.

F. II. Woody, Judge. ° Petition by the public administrator of Ravalli county, Mont., for letters of administration on the estate of Eva B. Liter. The petition was denied, and petitioner appeals. Statement of the case by the justice delivering the opinion. Upon the 23d day of April, 1895, the public administrator of Ravalli county made application in the district court for letters of administration upon the estate of Eva B. Liter.

William 0. Speer, Judge. . David Mansfield was convicted of murder in the second degree, and appeals. Statement of the case by the justice delivering the opinion. On the 6th day of February, 1896, the defendant was found guilty of murder in the second degree by a jury in the district court of Silver Bow county, and on the 8th day of said month was by the court sentenced to imprisonment for the term of 25 years in the penitentiary.

Franh Showers, Judge. Action by Alexander McKay against William J. McDougal. From a judgment for defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. Plaintiff alleges that he is a citizen of the United States, and the owner of, and entitled to the possession of, and was in the possession of, a certain placer claim, until his possession was interfered with by the defendant, as hereinafter stated.

Application of state of Montana, on the relation of J. R. Seres, for mandamus against district court of the First judicial district of the state of Montana in and for the county of Lewis and Clarke. Statement of the case by the justice delivering the opinion. This is an application for a writ of mandamus.

William Clancy, Judge. An action by Adolph Schilling against R. H. Reagan, sheriff of Silver Bow county, and others. ' Judgment for plaintiff, and defendants appeal. Statement of the case by the justice delivering the opinion. The plaintiff in this action sued the defendants to annul a judgment of a justice of the peace rendered against him in Silver Bow county.

IL. JR. Buck, Judge. J. Bernheim was convicted of the unlawful sale of a railroad ticket, and appeals. Statement of the case by the justice delivering the opinion. The defendant was informed against for having sold a railroad ticket in violation of the law. He was tried and convicted, and appeals from the judgment of conviction.

District Court, Cascade County. Dudley Du Bose, Judge. Mandamus by the state, on the relation of the Great Falls Waterworks, against the mayor and city council of the city of Great Falls, and the city of Great Falls. A peremptory writ issued, and from an order granting a new trial relator appeals. . Statement of the case by the justice.delivering the opinion.

William O. Speer, Judge. Statement of the case by the justice delivering the opinion. Action by Thomas O’Rourke, executor of D. L. Harris, deceased, against Butte Lodge, No. 14, Independent Order of Good Templars, and others. Judgment for plaintiff. Defendants appeal. After the commencement of this suit, Harris died, and O’Rourke, the plaintiff in this case, became his executor.

J. J. McEatton, Judge. Action by Ellen Jenniug*' administratrix of the estate of Solomon Jennings, deceased, wgaiast Robert Gorman, for ejectment. From a judgment for defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. Plaintiff brought ejectment to recover possession of a certain tract of ground in Silver Bow county, and allegeJ an ouster of her intestate by defendant on July 1, 1889.

J. J. McHatton, Judge. Action by J ames H. Lynch against Isaac Bechtel. J udgment for plaintiff. Defendant appeals. Statement of the case by the justice delivering the opinion. On May, 1893, plaintiff (respondent) had in process of construction under a contract to have it completed by September 1, 1893, a three-story building on a lot in Butte City, adjoining the land on which stood the Clarence Hotel.

Theo. Brantley, Judge. An action by Sarah M. Watterson against the E. L. Bonner Company, a corporation, and John W. Nelson, sheriff of Deer Lodge county. Judgment for plaintiff; and defendants appeal. Statement of the case by the justice delivering the opinion.

■ C. H. Benton, Judge. Action by the Rumney Land & Cattle Company against the Detroit & Montana Cattle Company, in which there was a judgment by default in favor of plaintiff. From an order denying a motion to set aside the default and judgment, defendant appealed. Plaintiff moves to strike trom the transcript defendant’s answer, and certain affidavits filed before the hearing of said motion. Statement of the case by the justice delivering the opinion.

Theodore Brantley, Judge. Replevin by Anna Collier against John Fitzpatrick, sheriff of Deer Lodge county. Judgment for defendant, and plaintiff appeals. Statement of the case by the court. Replevin fox the return of certain personal property, including, among other chattels, one black horse branded T on left shoulder, one brown mare branded F C on right hip, and one black horse branded P on left shoulder, or for the value of said property and damages.

J. McHatton, Judge. Action by Adolph Pincus against Samuel J. Reynolds for conversion. From a judgment for defendant, and an order denying a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action to recover the value of certain personal property, described in the complaint, and which the plaintiff claims to be the owner of, and which he alleges the defendant wrongfully took and converted to his own use.

W. O. Speer, Judge. Suit by Elizabeth Barry against the Western Assurance Company on an insurance policy. From judgment for plaintiff, defendant appeals. Statement of the case by the justice delivering the opinion.

ILenry If. Blake, Judge. Action by Walter W. Arnold against Walter Passayant and others to establish a claim to certain water rights. Erom the decree for plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion. In 1874, plaintiff and his partner, one Barnes, purchased two ranches, each 160 acres in area, and a water right appurtenant to one of them.

Theodore Brantley, Judge. Application by the state of Montana, on the relation of Herman Johnson and others, fora writ of certiorari to review the proceedings of the board of county commissioners of Deer Lodge county, Mont., in vacating a public road. From a judgment quashing the writ, relators appeal. Statement of the case by the justice delivering the opinion.

Henry H. Blake, Judge. Action by the Montana National Bank against the Merchants’ National Bank, the Daily Journal company, the Journal Publishing company and Charles M. Jeffris. From a judgment in favor of plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion.