Volume 20 — Montana Reports

Steele, mayor, and others, clerk and council of the city of Helena. From a restraining order, defendants appeal. Statement of the case by the justice delivering the opinion. This is a suit by injunction..

Appealfrom District Court, Silver Bow County. W. O. Speer, Judge. Action by William Y. Lawlor against Simeon Y. Kemper. From an order denying a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. During the year 1891 and a portion of 1892. plaintiff, Lawlor, and defendant, Kemper, were partners dealing in real estate in Butte, Montana, under the name of Kemper & Lawlor.

Henry jf. Blake, Judge. Action by the Mutual Benefit Life Insurance company, a corporation, against Peter Winne and another. Judgment for plaintiff, and defendants appeal. Statement of the case by the justice delivering the opinion.

<p>Appeal from District Court, Lewis and Clarice County. Henry N. Blake, Judge.</p>

Frank Henry, Judge. Action brought by George Welcome against Ed. Howell under the statute of forcible detainer. From the judgment of the court below, defendant appeals.

<p>Mechanic’s Liens — School Houses.</p> <p>Mechanic’s Liens — School Souse. — Inasmuch as the law which provides for liens of mechanics does not expressly provide for a lien upon school and other buildings such buildings are not subject to the lien of a sub-contractor.</p> <p>Same. — By section 321, First Division of the Compiled Statutes 1887, public buildings are exempt from execution; sub-division 9 of the same law provides; “But no article or species of property mentioned in this section shall be exempt from execution issued upon a judgment recovered for its price or upon a mortgage thereon. Seld, that the sub-contractor not having a lien upon the property, he cannot subject the same to a sale to enforce the lien.</p>

D. J. Rose, Judge. Action brought by A. W. Miles against A. F. Coutts and others to foreclose a mechanic’s lien. From the judgment of the lower court, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action to foreclose a mechanic’s lien, brought by plaintiff, who is a material man, and claims a lien as such. The complaint is in the usual form used in cases of this kind.

<p>Action by James Murray against H. S. Clark and others. From a judgment in favor of defendants, plaintiff appeals.</p>

Ilenry H. Blake, Judge. Action by Mary Edwards agaiust W. S. Spalding and E. A. Canfield. From a judgment for plaintiff, defendant Spalding appeals. Statement of the case by the justice delivering the opinion. This is an action to recover rent.

<p>On petition for rehearing.</p>

Dudley Du Dose, Judqe. Action by G. A. Parrott against Margaret Morase and another. From an order retaxing costs and the taxation of a docket fee, plaintiff appeals. Statement of the case by the justice delivering the opinion. The suit was originally commenced in the court of a justice of the peace in Fergus county. In that court plaintiff recovered judgment for §52. The defendants appealed to the District Court for said county.

<p>Petition of James Ryan for a writ of habeas corpus.</p>

Henry H. Blake, Judge. Action by George F. Cope, cashier, against the Minnesota Type-Foundry Company, J. Henry Jurgens, and Lucian • Eaves. A demurrer to the amended answer of defendants Jurgens and the Foundry Company was sustained. Judgment for plaintiff on the pleadings was entered, and said defendants appeal. Statement of the case by the justice delivering the opinion.

F. K Armstrong, Judge. Action brought by D. A. Cheney against White Caldwell, sheriff of Gallatin county, to recover for the unlawful seizure of exempt property on a writ of attachment. From the judgment of the court below, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action to recover the possession of certain personal property described in the complaint.

C. W. Pomeroy, Judge. Action by Christ Boe agaiust W. T. Lynch. J udgment for defendant. Plaintiff appeals. Statement of the case by the justice delivering the opinion.

C. H. Benton, Judge. Action by Louis Holland against Joseph E. Huston. Verdict for plaintiff. From an order granting a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion. Respondent (defendant below) a constable at Great Falls, Cascade county, Montana, by virtue of an execution in his hands upon a .judgment rendered against one Olson in a justice’s court, levied upon and sold two horses as the property of Olson.

Frank Henry, Jtidge. Action by the City of Livingston against Frank T. Woods and others to recover upon an official bond. From a judgment for plaintiff, defendants appeal. Statement of the case by the justice delivering the opinion. The defendant Frank T. Woods, at the time this action was commenced, and prior thereto, was the Treasurer of the City of Livingston. The other defendants were sureties on his official bond.

John J. Mediation, Judge. Action by Joseph Ramsdell, in bis own right and as administrator of the estate of Clarissa Ramsdell, deceased, against William A. Clark. Verdict for plaintiff. From an order granting a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. This action was upon a lease entered into between the respondent (plaintiff below) and appellant (defendant below), on October 20, 1887.

H. P. Buck, Judge. The plaintiff, Elizabeth Dodge, sued the defendant, A. Birkenfeld, to recover the amount of a promissory note, dated at Helena, Montana, October 6, 1890, and due October 6, 1893, made by George H. Pew, in favor of M. Bolles & Co., and interest thereon, and for judgment in foreclosure of a mortgage given by said George H. Pew and wife to M. Bolles & Co., and assigned to plaintiff.

George li. Milbiirn, Judge. Action by the First National Bank of Miles City against William H. Bullard. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. On September 28, 1885, at Miles City, Montana, six persons executed a promissory note for §1,000, payable, on demand, to the First National Bank of Miles City.

George R. Milburn, Judge. Action by the McNaughton Company, a corporation, against Thomas McGirl, to recover money advanced defendant by plaintiff on his wool clip. From a judgment in favor of defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion.

Fra/nk Henry, Judge. Action by Thomas Kiste and another against Robert L. Morton and others. From a judgment for defendants, and from an order overruling a motion for a new trial, plaintiffs appeal. Statement of the case by the justice delivering the opinion.

George R. Milburn, Judge. Action by Nathan J. Strasburger and others against Samuel A. Beecher. From a judgment in favor of defendant, and from an order denying a motion for a new trial,, plaintiffs appeal. Statement of the case by the justice delivering the opinion. Appeal from a judgment and order denying plaintiffs’ motion for a new trial. The motion was heard upon a statement of the case, to which were attached specifications of error.

C. H. Benton,, Judge. Action by A. T. Kellison against School District No. 1, Cascade county. Judgment for plaintiff, and defendant appeals. Statement of the case by the justice delivering the opinion.

Theodore Brantt/y, Judge. Action by J. L. Nyhart and another against J. Pennington and another. From a judgment for plaintiffs and from an order denying their motion for new trial, defendants appeal. Statement of the case by the justice delivering the opinion.

Henry N. Blake, Judge. Action by Elmer E. Weaver against the Montana Central Railway Company for malicious prosecution. From a judgment in favor of plaintiff, and from an order denying a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. This action was commenced in the District Court of the First Judicial District in and for the county of Lewis and Clarke, to recover damages lor alleged ma icious prosecution.

Action by H. L. Frank against George A. Cobban and .others. From a judgment for defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion. Action to recover the sum of §478.35 from defendants, — ■ ■the amount of taxes paid on certain property by plaintiff. On August 29, 1894, defendant George A. Cobban and others, in consideration of §25 000, executed a warranty deed to plaintiff for certain property in the city of Butte.

Application by the State of Montana, on the relation of C. B. Nolan, Attorney General, for a writ of certiorari to review the action of Theodore Brantly, Judge of the Third Judicial District, in granting a writ of habeas corpus on the application of William Day, who had been convicted of murder in the first degree. The propriety of reviewing the action of the lower court in discharging the defendant Day by this proceeding is no longer an open question in this state.

District Court, Deer Lodge County. Theodore Brcmtly, Judge. Action by John Fitzpatrick against Lee Montgomery. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. This is an action to recover for damages to real estate.

<p>Application by David Mansfield for a writ of habeas corpus.</p>

William Clancy, Judge. James O’Brien was indicted for forgery. From a judgment setting aside the' information, the state appeals.

W'dliam O. Speer, Judge. Action by J. E. Oppenheimer against the First National Bank of Butte. From a judgment for plaintiff, and an order denying its motion for new trial, defendant appeals. Statement of the case by the justice delivering the opinion.

F. K. Armstrong, Judge. Action by Leopold Boscovitz against Walter Cooper. From a judgment in favor of plaintiff, defendant appeals. Statement of the case. This was an action on a promissory note.

Yellowstone county. G. H. Loud, Judge. Mandamus, on the relation of A. M. Crawford and another, against the Minnesota & Montana Land & Improvement Company. From an order denying the writ, relators appeal. Statement of the ease.

William O. Speer, Judge. Action by the Kent & Stanley Company, a corporation, against' H. S. Tuttle and others, which was dismissed by plaintiff, before judgment, as to defendant J. ' H. Leyson. From a judgment for defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion. Plaintiff sued to recover' $158.02, alleged to be due by the defendants, trustees of the Tuttle-Dugan Jewelry Company, of Butte, Montana.

John Lindsay, Judge. Action by Bennett Bros. Company against George S. Congdon and others. From an order vacating a temporary restraining order, plaintiff appeals. Statement of the case by the justice delivering the opinion. Appeal from an order vacating a temporary restraining order. Plaintiff and appellant, the Bennett Bros. Company, desiring to continue in force the temporary restraining order pending an appeal to this court, applied, under section 23, Code Civ.

ty. Theodore Bramily, Judge. Action by W. C. ¡Bradshaw against G. W. Morse for an accounting. From a judgment for defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion.

C. H. Den-ton, Judge. Application by the State of Montana, on the relation of Harry B. Palmer, for a writ of mandamus directed to Charles M. Webster, as Mayor, and Charles H. Clark, as City Clerk, of the City of Great Falls, and the City of Great Falls. From a judgment denying the writ, relator appeals. Statement of the case by the justice delivering the opinion.

<p>New Trial — Record on Appeal.</p> <p>Where the record does not contain a notice of intention to move for a new trial, or a waiver of such notice, an appeal from an order denying appellant’s motion for a new trial will be dismissed.</p>

<p>Appeal from District Court, Deer Lodge County. Theodore Drantly, Judge.</p> <p>Action by Samuel Ayotte against William E. Thomas and James Lingenfelder. Plaintiff appeals.</p>

D. P. Smith, Judge. Action by Frank Cady against John Zimmerman, sheriff, and the First National Bank of Great Falls, Montana, for the conversion of personal property. From a judgment for plaintiff, defendants appeal. Statement of the case by the court. This is an action for damages for the conversion of personal property. The case was tried below by the court without a jury, upon an agreed statement of facts.

Theodore Brantby, Judge. Action by J. W. Snook against S. H. H. Clark and others, as receivers of the Oregon Short Line & Utah Northern Railway Company, and the Oregon Short Line & Utah Northern Railway Company. From a judgment in favor of plaintiff, and from an order denying a motion for a new trial, defendants appeal. Statement of the case by the justice delivering the opinion.

Franh Showers, Judge. Action by the Jubilee Placer Company against Catherine Hossfeld. From a judgment in favor of defendant, and an order denying its motion for a new trial, plaintiff appeals. Statement of the case by the justice delivering the opinion. This was an equitable action brought in the District Court of Jefferson county, Montana, in 1895, for the purpose of setting aside a decree entered in a previous action between the same parties in the same court in 1891.

Original quo warranto proceeding by the state, on the relation of Henry Neill, against James M. Page, to try the title to the office of state land agent, claimed by both relator and defendant. Statement of the case by the justice delivering the opinion.

Horace D. Buck, Judge. Action by Albert G. Clarke against Thomas A. Marlow, as administrator with the will annexed of the estate of Charles A. Broadwater, deceased. From a judgment in favor of plaintiff, and from an order overruling a motion for a new trial, defendant appeals. Statement of the case by the justice delivering the opinion. Appeal from a judgment and order overruling the defendant’s motion for a new trial.

Dudley Du Bose, Judge. Action by Charles Murray and Louis Murray against C. Tingley and others. From the judgment, defendants and plaintiff Charles Murray appeal. Statement of the case by the justice delivering the opinion. This was an action arising from a conflict in claims to the waters of Big Sandy creek, in Choteau county, Montana.

Henry N. Blake, Judge. Action by the Union Mercantile Company against Jacobs, Sultan & Co. and Hyman Jacobs. Defendants obtained judgment. Plaintiff appeals. Statement of the case by the justice delivering the opinion. The plaintiff is a corporation.

Fro/nh 1L Woody, Judge. Action by Albert H. Wood against Kate Lowney, C. C. Lowney, and Cornelius Harrington. Plaintiff obtained judgment. Defendants appeal. Statement of the case by the justice delivering the opinion. This action was brought by plaintiff to determine the right to the use of waters of the South Fork of Burnt Fork creek, in Ravalli county.

C. IL Benton, Judge. Action by Caroline Woodard against Charles M. Webster, administrator of the estate of Frank B. Tuttle, deceased. The trial resulted in favor of plaintiff, and defendant moved for a new trial on a statement of the case. From an order granting defendant a new trial, plaintiff appeals.

Certiorari, on relation of the Thornton-Thomas Mercantile Company and John A. Frazier, to the District Court of the Second Judicial District of the State of Montana, in and for the county of Silver Bow, and the Honorable William Clancy, judge thereof, to review an order appointing a receiver and certain other proceedings subsequent thereto. Statement of the case by the court. This is a proceeding for a writ of certiorari.

Frank Showers, Judge. ■ Action by Albert E. Jones against Josephus Rich, as administrator of the estate of Frank C. Slader, deceased. From a judgment for defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. This was an action to foreclose a mortgage securing a promissory note, the note mortgage having .been executed to plaintiff by one Slader. Defendant was the duly appointed administrator of the estate of said Slader, deceased.

Frank K. Armstrong, Judge. Action by Joseph D. Radford against S. I. Gaskill and John H. Black. From a judgment in favor of plaintiff against defendant Black, and from an order denying a new-trial, said defendant appeals. Statement of the case by the justice delivering the opinion. This was an action to recover possession of 36 head of cattle included in a chattel mortgage securing a promissory note executed to plaintiff, and alleged to have been converted by the defendants.

J. B. Leslie, Judge. Proceeding by W. H. Gelsthorpe, county treasurer, against Della M. Furnell and others, to enforce payment of an inheritance tax. From a judgment sustaining a demurrer to the complaint, plaintiff appeals.

J. B. Leslie, Judge. Action by C. C. Proctor, sheriff, against Cascade county. Plaintiff had judgment, and defendant appeals. Statement of the case by the justice delivering the opinion. This was an appeal from the action of • the County Commissioners of Cascade county in disallowing a portion of the bill of respondent, as sheriff of Cascade county, for transporting an insane patient to the state insane asylum.

William Clancy, Judge. The Dependant, C. M. Oliver, was convicted of the crime of robbery, and appeals. Statement of the case by the court.

Pomeroy, Judge. Claim and Delivery by James F. Vogt, assignee of Allen B. Johnston, against H. H. Baldwin, sheriff of Flathead county. From an order granting defendant’s motion for new trial after a verdict for plaintiff, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action in claim and delivery of certain personal property, consisting of a stock of merchandise described in the complaint.

John J. McHatton, Judge. Action by Elizabeth D. Baxter against Kate M. Hamilton and the Covenant Mutual Benefit Association. Judgment for plaintiff, and defendant Hamilton appeals. Statement of the ease by the justice delivering the opinion.

Appeal frcm District Court, Silver Bow County. John Lindsay, Judge. Application by the Montana Ore Purchasing Company against the Boston & Montana Consolidated Copper & Silver Mining Company for an injunction. From an order denying such application, and refusing to grant an injunction pending the final determination of the action, plaintiff appeals. Statement of the case by the justice delivering the opinion.

Frank Showers, Judge. Action by J. H. Burfiend and C. Burfiend, partners under the firm name of Burfiend Bros., against Thomas F. Hamilton, sheriff of Beaverhead county. Judgment for plaintiffs. Defendant appeals. Statement of the facts by the j ustice delivering the opinion. This is an action for the recovery of the possession of certain personal property described in the complaint.

ILenry N. Blake, Judge. Replevin by John S. Brittain Dry Goods Company against Adolph Birkenfeld, assignee. From a judgment for plaintiff, and an order denying a new trial, defendant appeals, Statement of the case by the justice delivering the opinion.

Theodore Rrantly, Judge. Action by S. D. Root against the Butte, Anaconda & Pacific Railway Company for damages resulting from the construction of defendant’s road in front of plaintiff’s property. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Statement of the case by the justice delivering the opinion.

C. IF. Pomeroy, Judge. Action by Fred Whiteside against Omar Hoskins and others, to set aside a deed, and to subject the property to the payment of a judgment. From a judgment for plaintiff, and an order denying a new trial, defendants appeal. Statement of the case by the justice delivering the opinion.

Frank Showers, Judge. Action by John Carman against George Staudaker for trespass. From a judgment for plaintiff, and an order refusing a new trial, defendant appeals. Statement of the case by the justice delivering the opinion.

<p> Appeal from District Court, Lewis and Clarke Cou/nty. S. JET. Mo Intire, Judge. </p> <p>Action by the State against John B. Johnson. Judgment for defendant, and plaintiff appeals.</p>

<p>Appeal from District Court, Silver Bow County. Wm. Clamcy, Judge.</p> <p>A. F. Moffat was convicted of grand larceny and appeals.</p>

Action by the First National Bank of Billings against H. C. Province, assessor of Carbon county, to enjoin the collection of taxes on certain personal property belonging to plaintiff. From a judgment against it for the amount of such taxes and costs, plaintiff appeals.

Henry N. Plaice, Judge. ' • Two separate actions by the Helena National Bank against the Rocky Mountain Telegraph Company. Yerdictfor plaintiff in each action. Defendant appeals from orders denying a new trial. Statement of the case by the justice delivering the opinion. These actions were tried together in the court below, and will be determined by this court in one opinion.

Llorace IL Buck, Judge. Action by the Montana Mining Company, Limited, against the St. Louis Mining & Milling Company of Montana and another. From a judgment for plaintiff, defendants appeal. Statement of the case by the justice delivering the opinion. This is an action for the specific performance of a contract.

G. H. Benton, Judge. William McMillan was convicted of rape, and appeals. Statement of the case by the justice delivering the opinion. The appellant, William McMillan, was on the 12th day of September, 1896, convicted of the crime of rape in the District Court of Cascade county. As appears from the record, the defendant is charged with committing said crime upon one Mary Augustine, a child nine years of age, on the 23d day of August of said year.

<p>Application for mandamus, on the relation of J. W. Lancaster, against Frank H. Woody, district judge.</p>

Franh Ilenry, Judge. Action by the First National Bank of Billings against E. O. Clark, county treasurer, to enjoin seizure and sale of sheep for taxes. There was an order dissolving a preliminary injunction, and judgment for defendant, from which plaintiff appeals.

William C lancy, Judge. John Judd was convicted of grand larceny, and appeals. Statement of the case by the justice delivering the opinion. The defendant was convicted of the crime of grand larceny-in the District Court of Silver Bow county, and appeals from the judgment.

F. K. Armstrong, Judge. Action by L. B. Jobb against the County of Meagher. Judgment for defendant, and plaintiff appeals. Statement of the case by the justice delivering the opinion.

Theodore Brantly, Judge. Action by John F. Hogan against James Shields for breach of contract. Judgment of nonsuit. Plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action for breach of contract.

William Clancy, Judge. Action by Anna L. Boyd against Austin Desrozier and others. From an order granting an injunction pendente lite, defendants appeal. The defendants, in their answer, set up a paramount title to the property, and deny plaintiff’s title in toto. Under our statutes, an injunction may be granted to restrain some act, during the litigation, which would produce great or irreparable injury.

John Lindsay, Judge. Action by Flora Meyers against Mrs. Gregans, commenced before a justice of the peace, and taken on appeal to the District Court. From a judgment dismissing the appeal, plaintiff appeals. Statement of the case by the court. This suit .was commenced before a justice of the peace in Silver Bow township, Silver Bow county, and on the 16th day of July, 1897, judgment was rendered by the justice in favor of the defendant.

John Lindsay, Judge. Certiorari by B. F. Layton against John M. Trapp, justice of the peace, to review judgment. The judgment was annulled, and the justice appeals. Statement of the case by the justice delivering the opinion. This is an appeal from a judgment of the District Court of Silver Bow county annulling, in a certiorari proceeding, a judgment rendered by a justice of the peace of Silver Bow township, in said county.

William O. Speer, Judge. Action by Oscar Stenberg against Louis Linnemann and Charles Schmidt, ■ co-partners doing business as Linnemann & Schmidt, and August Johnson and James Ryan, co-partners doing business as Johnson & Ryan, to enforce a mechanic’s lien. From the judgment, plaintiff appeals. Statement of the case by the justice delivering the opinion. This is an action to foreclose a mechanic’s lien.

F. K. Armstrong, Judge. Action by Charles Sears against Gallatin county. From a judgment in favor of defendant, plaintiff appeals. Statement of the case by the justice delivering the opinion. Plaintiff brought this action to recover judgment for $25 on account of services rendered and money expended by him as a member of the sheriff’s posse comitatus.

Frank II. Woody, Judge. Action by the State of Montana, on the relation of E. C. Knight, against Alfred Cave, as treasurer of Missoula county, for mandamus to compel the paym ent of a school warrant. An alternative writ was issued, to which defendant demurred, and the court, overruling the demurrer, rendered judgment awarding a peremptory writ, from which defendant appeals. Statement of the case by the justice delivering the opinion.

Apveal from, District Court, Lewis and Clarice County; 11. U. Blake, Judge. Action by William O’Keefe against .William Dyer and others to recover on a bond. From a judgment in favor of defendants, plaintiff appeals. Statement of the case by the justice delivering the opinion.

<p>Appeal from District Court, Lewis and Clarice County. S. II. Mclntire, Judge.</p> <p>Julius Rechnitz was convicted of larceny, and appeals.</p>

<p>Appeal from District Court, Silver Bow County. John Lindsay, Judge.</p> <p>In re estate of Charles Horsfall. -Petition by Henry Royles for the payment- of a claim. Denied, and claimant appeals.</p>

<p>Appeal from District Court, /Silver Bow County. William Clancy, Judge.</p> <p>James Clancy was convicted of robbery, and appeals.</p>

II. N. Blake, Judge. Action by Hugh J. Rogan against the Montana Central Railway Company. From a judgment for plaintiff, defendant appeals. Statement of the case by the justice delivering the opinion. Action to recover §10,000, damages for personal injuries sustained by plaintiff and respondent while traveling as a passenger upon one of the cabooses of defendant and appellant railroad, between Craig, and Helena, Mont. The respondent recovered a verdict for §1,000.

Application on the relation of the state, by C. B. Nolan, Attorney General, against T. C. Marshall and others, members of the State Arid Land Grant Commission, for a wiit of prohibition. Statement of the case by the justice delivering the opinion. This is an application made to this court for a writ of prohibition.

William Clancy, Judge. Action by Daniel W. Connole and others against the Boston & Montana Consolidated Copper & Silver Mining Company and another. From the granting of an injunction pendente lite, defendants appeal.

William Clancy, Judge. Action by F. August Heinze against the Boston & Montana Consolidated Copper & Silver Mining Company, and by the Montana Ore Purchasing Company against the same defendant and another. From the granting of injunctions pendente lite, defendants appeal. Statement of the case by the justice delivering the opinion.

Appeals from District Court, Silver Bow County. John Lindsay, Judge. Actions for injunctions by the Montana Ore Purchasing Company against the Boston & Montana Consolidated Copper & Silver Mining Company, a corporation, and others, and by the Butte & Boston Consolidated Mining Company against the Montana Ore Purchasing Company.

F. K. Armstrong, Judge. Action by Jacob Oleson against Charles E. Severance and another. From a judgment for plaintiff, defendant Gr. R. Wilson appeals. Statement of the case by the justice delivering the opinion. This is a suit, instituted in the District Court of Meagher county, to recover judgment od the following promissory note: “$3,000. Oka, Montana, Oct. 10, 1882.

<p>(The following is the opinion of the court on a rehearing of the cause. The former decision is found on page 270 ante.)</p>

F. K. Armstrong, Judge. Action by Helen G. Sharman against Frank Huot, aided by attachment. From two separate orders discharging the writ of attachment on motions of defendant and M. J. Eukes, intervenor, plaintiff appeals.

Dudley Du Dose, Judge. Action by Robert Morrison and another against Ora E. Bennett for an accounting and dissolution of partnership. Findings were made for plaintiffs, and defendant was granted a new trial. Plaintiffs appeal. Statement of the case by the justice delivering the opinion. The plaintiffs and appellants, Morrison and Davis, sued the defendant and respondent, Bennett, for an accounting and a dissolution of partnership.

II. C. Smith, Judge. Statement of the case by the justice delivering the opinion. Defendant was indicted for the crime of secreting a public record. He entered a plea of not guilty, was tried and convicted, and appeals from the judgment and from an order denying a motion for a new trial.