Volume 59 — Montana Reports

C. Hall, Judge. Action by the American Surety Company of New York, a corporation, against Herman F. Kartowitz. From an order denying a motion to dissolve an attachment, defendant appeals.

Carleton, Judge. Action by Everet Reser against A. W. Ziebarth and another. Judgment for defendants, and plaintiff appeals. The expression of the opinion of an expert witness as to the value of services is never conclusive upon a court or jury. (St. John v.!

<p> Appeal from District Court, Silver Bow County; John V. Dwyer, Judge. </p> <p>Action by Marie L. Wing and another against Kittie Brasher. From a - judgment for defendant, plaintiffs appeal.</p>

E. Ewing, Judge. Action by William Hurley against the Great Falls Baseball Association. Judgment for defendant, and plaintiff appeals. For the breach of an employment contract the wrong done appellant was complete, and he then became entitled to recover in the one action whatever damages flowed from the wrong thus done. His compensation for the breach necessarily included all that he might have recovered, had action been deferred until the expiration of the term.

Appeals from District Court, Powell County, in the Third Judicial District; Thos. Lentz, a Judge of the Fourth District, Presiding. Action by Reuben Steiner against Peter McMillan. Prom a judgment for defendant and an order overruling a motion for new trial, plaintiff appeals.

C, Spencer, a Judge for the Thirteenth District, Presiding. Action by Richard T. Ringling against M. M. Mahurin and others. From an order refusing to dissolve an injunction pendente lite, defendants appeal.

Appeals from District Court, Missoula County; Asa L. Duncan, Judge. Action by Joseph Hoskins against the Scottish Union & National Insurance Company. From, a decree for plaintiff and an order denying a motion for a new trial, defendant appeals.

Original application for injunction by tbe State, on the relation of James H. Bonner, against Jos. M. Dixon, Governor, and others, constituting the state board of examiners. 1. Initiative Measure No. 19 is a law relating to appropriations of money and therefore not subject to the initiative under the provisions of Article Y, section 1, of the Constitution. .

B. Leslie, Judge. Action by John Delaney against Timothy Cook and seven others, begun in a justice court, where a default judgment was rendered. Motion to vacate the default was denied. On defendants’ appeal to the district court the motion was again denied and the appeal dismissed. Defendants appeal.

Appeals from District Court, Gallatin County; Ben. B. Law, Judge. Action by Charles T. White against Mary Y. Hulls and another, and against G. S. Black and others, resulting in decree partly for and partly adverse to plaintiff, and from an order denying his motion for new trial, he appeals.

'Appeals from; District Court, Gallatin County, in the Ninth Judicial District; A. C. Spencer, a Judge of the Thirteenth District,… Held: as a matter of law, that there was no negligence: Belts v. Buffalo•, B. & P. B. Co., 222 N. Y. 433, 119 N. E'. 81; Connell v. Oregon Short Line B. Co., 51 Utah, 26, 168 Pae. 337; Pittsburgh C. C. & St. L. By. Co. v. Harris, 38 Ind. App. 77, 77 N. E. 1051; Maxfidd v. Maine Cent. By.. Co., 100 Me. 79, 60 Atl. 710; Kelly v. Manhattan By.

'Appeal from, District Court, Missoula County; Asa L. Duncan, Judge. Pellegro Pippi was convicted of having received and accepted money without consideration from the earnings of a woman engaged in prostitution, and from an order denying his motion for a new trial he appeals. The defendant was deprived of trial by jury of the county by reason of the fact that the court over the objection and protest of defendant’s counsel called the jury drawn from jury-box No. 3.

Appeals from District Court, Gallatin County; Ben. B. Law, Judge. Action by A. M. Jepsen against the Gallatin Valley Bail-way Company. Held: not negligent); Szezepanski v. CJmago etc. By. Co., 147 Wis. 180,132 N. W. 989 (plaintiff in car with horses; had permission of station agent and conductor to ride in car upon paying fare); St. Louis etc. By.

'Appeals from District Court, Ravalli County; Theo. Lentz, Judge. Action by the State Bank of Darby against George H. Pew and another. From judgment for plaintiff, and order denying their motion for new trial, defendants appeal. Affirmed.

C. Comer, Judge. Action by Clair Stoner for injunction against defendants J. C. Timmons and others, constituting the board of commissioners of Sheridan County, Rex M. Movius, its treasurer, and Lockwood & Blakeslee, to restrain them from carrying out the provisions of a contract entered into by them pursuant to the provisions of Chapter 89, Laws of 1919. Judgment for defendants. Plaintiff appeals.

'Appeal from District Court, Custer County; Chas. A. Taylor, Judge. Action by Jake George and another against the Northern Pacific Railway Company. From a judgment for defendant, plaintiffs appeal.

Appeals from District Court, Meagher County; John A. Matthews, Judge. Action by Dudley N. Hartt against Henry N. Jabn and wife. From a judgment for defendants and from an order denying a new trial, plaintiff appeals.

<p> Appeal from District Court, Cascade County; J. B. Leslie, Judge. </p> <p>Action by Carl T. Foorman against M. H. Weber, James Boland and the American Brewing & Malting Company. From an adverse judgment, James Boland appeals.</p>

'Appeals from District Court, Silver Bow County; Edwin Lamb, Judge. Action by P. H. 0’Langan against tbe First State Bank of Hilger. Judgment for plaintiff, and defendant appeals from the judgment and from an order denying its motion for new trial.

!Appeals from District Court, Silver Bow County; John V. Dwyer, Judge. Action by Hugh Johnston against J. R. Silver and Joseph R. Silver, Jr. From a judgment for the first-named defendant and for plaintiff against defendant last named, and from an order denying a new trial, plaintiff appeals.

<p>'Appeal from District Court, Blaine County; W. B. Rhoades, Judge.</p> <p>Action by W. D. Smotherman against Charles Christianson. From a judgment dismissing the complaint, plaintiff appeals.</p>

Appeals from District Court, Choutem County; J. B. Leslie, Judge. Action by the McCaull-Dinsmore Company against Geo. H. Stevens. From a judgment for plaintiff and an order denying Mm a new trial, defendant appeals. The alleged contracts sued upon are void; they are not subscribed by the plaintiff. The signatures of both parties to a 'contract must be subscribed, otherwise the contract lacks mutuality and is void for want of consideration.

L. De Kalb, Judge. Action by Edward F. McRae against Benjamin Lethlean and others. Judgment for plaintiff. From an order granting defendants a new trial, he appeals. Held: that no larger verdict than for $1,000 could be sustained. (See, also, Davis v. Seeley, 91 Iowa, 583, 51 Am. St. Rep. 356, 60 N. W. 183; Ruth v. St. Louis Transit Co., 98 Mo. App. 1, 71 S. W. 1055; Farrell v. St. Louis Transit Co., 103 Mo. App. 454, 78 S. W. 312.)

B. Mc-Glernrn,. Judge. In the Matter of the estate of John B. Sattes, deceased. From decree allowing final account of the executrix, the state appeals. The order of the court fixing the inheritance tax was and is an appealable order. (In re Blackburn’s Estate, 51 Mont. 234, 152 Pac. 31.) It was made and filed on November 22, 1917. Any interested party had sixty days from that date to appeal from it.

C. Hurley, Judge. Action for divorce by Mary Cummins against George Cummins. From tliat part of the judgment awarding alimony, plaintiff appeals.

Leonard De Kalb, Judge. Action by C. J. Slater and others against the Bright Hotel Company. Judgment for plaintiffs. From an order sustaining defendant’s motion for new trial, plaintiffs appeal.

J. Lynch, ‘Judge. Action by the Ullman Company against Jobana Adler, administratrix of the estate of Ludwig Adler, deceased. Judgment was rendered dismissing the complaint. From an order denying its motion for new trial, plaintiff appeals.

Appeals from District Court, Jefferson Comity; Jos. C. Smith, Judge. Action by H. O. Budd and another against the Northern Pacific Railway Company. From a judgment for plaintiffs, and from an order overruling its motion for new trial, defendant appeals. The court erred in refusing to permit the plaintiff Budd and his witness Streff to testify on cross-examination as to the price plaintiffs paid for this heifer. (Jacksonville etc. By.

Lee Mc-Culloch, Judge. Action by Agnes Comerford, Administratrix of the estate of Thomas Comerford, deceased, against the United States Fidelity & Guaranty Company. From a judgment for plaintiff defendant appeals.

Appeals from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Mrs. Mary J. Harrington against the Mutual Life Insurance Company of New York. From a judgment for plaintiff and an order denying its motion for new trial, defendant appeals. Counsel for respondent put great confidence in the testimony as to the genuineness of the signature on the inspection receipt.

Appeals from District Court, Cascade County; B. B. Ewing, Judge. Action by J. N. Gilliland against the Palatine Insurance Company, Limited, of London, England. Judgment by default was entered against defendant, and it appeals from the judgment and an order denying its motion to quash the service of summons and vacate the default.

Duncan, Judge. Action by Myrtle Neilson against the Missoula Creamery Company. Judgment of nonsuit, and from an order granting a new trial, defendant appeals. The law required of the plaintiff the exercise of reasonable care for her own safety and presumed that she would exercise it. (Rev. Codes, sec. 7962, subd. 4; Monson v. La France Copper Co., 39 Mont. 50, 133 Am.

<p>Conversion—Sheriffs-—Chattel Mortgages—Promissory Notes—* Evidence — Appeal and Error — Record — Exhibits — Bill of Exceptions.</p> <p>Conversion-—Chattel Mortgaged Property—Notes and Mortgages—Evidence.</p> <p>1. Where, in an action against a sheriff for conversion of personal property covered by a mortgage, plaintiff alleged that defendant sold the chattels under execution without, first paying off the mortgage debt, and defendant denied the execution of the note and mortgage, it was incumbent upon plaintiff not only to. show that he held the instruments, but to- introduce them in evidence, failing' to do which he was properly nonsuited.</p> <p>Appeal and Error—Record—Exhibits—Identification—Bill of Exceptions.</p> <p>2. Papers incorporated in the record as exhibits, but not made a part of the bill of exceptions, cannot be considered on appeal.</p> <p>1. Liability of sheriff for failure to pay over money, see note in 95 Am. St. Rep. 110.</p>

C. Spencer, Judge. Action by the Merchants’ National Bank of Billings against Thomas C. Smith and Walter O. Lee. From a judgment for plaintiff, defendant Lee appeals. Held: that since the adoption of what is called the negotiable instruments law (Rev. Codes, sec. 5842 et seq.), these statutory provisions have been superseded, indeed have been repealed, at least by implication, in so far as a note like the one involved in the present suit is concerned.

Lee Mc-Culloch, Judge Presiding. Action by Maggie Pritchard, by Jessie Pritchard, her guardian ad litem, against E. A. Hannah, guardian of the estate of Thomas Robotham, an insane person. From a judgment for defendant, plaintiff appeals.

'Appeals from District Court, Silver Bow County in the Second Judicial District; George B. Winston, Judge of the Third District, Presiding. Held: that the commission in Washington had the power and sole power to classify occupations as extrahazardous if there be, or arise, any in addition to the ones enumerated in the Act. The same court in the later case of State v. J. B. Bowles & Go., 94 Wash. 416, 162 Pac. 569, expressly held that the commission had no such power.

Application by the State of Montana, on relation of Harley H. Lease, for a writ of mandamus, against H. T. Wilkinson, Mayor of the City of Missoula, and others. Judgment of dismissal, and relator appeals. That court erred in overruling demurrer, and motion to strike is hardly open to controversy in view of following authorities and others cited.

Smith, Judge. Action by Gf. H. Parsons and W. E. Parsons, copartners doing business under the firm name and style of Parsons & Parsons, and others, against H. S. Mussigbrod and others. From an order granting an injunction pendente lite, defendants appeal.

<p>Personal Injuries—Master and Servant—Railroads—Negligence —Injuries—Causal Connection—Insufficiency of Evidence— Nonsuit.</p> <p>Personal Injuries—Master and Servant—Causal Connection Between Negligence and Injury must be Shown.</p> <p>1. To make out a ease in a personal injury action against an employer, the causal connection between the negligence alleged and the injury _ suffered must affirmatively appear from the complaint and plaintiff’s evidence, i. e., that defendant was negligent, that plaintiff was injured, and that the negligence charged was "the proximate cause of the injury, since defendant may be held liable only when to his lapse of duty is directly attributable the injury to plaintiff.</p> <p>Same—Causal Connection Between Injury and Negligence—Evidence— Insufficiency—Nonsuit Proper.</p> <p>2. Where a railway section-hand seeking to recover damages for a double rupture sustained while assisting in lifting a hand-car from one track to another failed to show by his evidence-what caused the ear to get beyond control of his co-workers—the thing which was the proximate cause of the injury—nonsuit was properly granted.</p> <p>1. Necessity of proving actual cause of injury in action by servant for personal injuries, see note in 5 Aim. Cas. 167.</p> <p>Same—When Nonexistence of Causal Connection Between Injury and Negligence Predicable.</p> <p>3. The nonexistence of' legal connection between the negligence charged and the injury is predicable whenever, for aught that appears, the accident might have happened even if negligence had been absent.</p> <p>3. Legal theory of causal connection, see note in 36 Am. St. Rep. 807.</p>

Appeals from District Court, Madison County; Wm. A. Clark, Judge. Louis L. Fowler was convicted of sedition and appeals from the judgment of conviction, from an order denying his motion for a new trial, and from an order made after judgment.

Ayres, Judge. Action by the Minneapolis Threshing Machine Company against the Stanford Mercantile Company. Nonsuit granted. Plaintiff appeals from an order overruling its motion for new trial.

Appeals from District Court, Dill County; Frank E. Carleton, Judge. A. B. Livermore, convicted of the crime of grand larceny, appeals from the judgment and an order denying his motion for a new trial.

B. Leslie, Judge. Action by Warren Stricklin, administrator of the estate of Thomas Carter Stricklin, deceased, against the Chicago, Milwaukee & St. Paul Railway Company and another. From a judgment of nonsuit, plaintiff appeals. In the complaint in this action, as in every other complaint, some matters are directly averred, and others are pleaded by reasonable intendment and necessary implication.

'Appeals froth, District Court, Carlton County; A. C. Spencer, Judge. Action by Neis T. Rogness against the Northern Pacific Railway Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals.

Appeals from District Court, Ravalli County; Asa L. Duncan, Judge. Action by Lucy Wilburn against John J. Wagner and others. Defendants had judgment. Plaintiff appeals from it and an order denying her a new trial. This court does not sit as a court of error to review; it tries the issues de novo.

'Appeals from. District Court, Silver Bow County, in the Second Judicial District; Win. H. Doorman, a Judge of the First District, presiding. Action by Walker B. Carroll and others against L. A. King and others, executors and beneficiaries, to contest the last will and testament of Joseph T. Carroll, deceased. Judgment for contestants. Contestees appeal from the judgment and from the order overruling the motion for new trial.

<p> Appeal from District 'Court, Cascade County; H. H. Ewing, Judge. </p> <p>Action by W. P. Costello against the Great Falls Iron Works. From a judgment for defendant, plaintiff appeals.</p>

<p>Contracts—Breach—Crops—Measure- of Damages—Complaint — Undisclosed Motive — Effect — Admissions — Payment of Damages into Court—Nonsuit.</p> <p>Contracts—Breach—Crops—Measure of Damages.</p> <p>1. The measure of damages recoverable in an- aetion for breach of contract under which defendant was required to sow a tract of land in grain, eta., was sueh reasonable amount, clearly aseertainable in -both nature and origin, as to compensate plaintiff for the damages resultant, and sueh additional amount as in the ordinary course of things would likely result from the breach.</p> <p>Same—Complaint—Insufficiency—Undisclosed Motive—Absence of Meeting of Minds.</p> <p>2. An allegation in the complaint that' plaintiff was entitled to recover damages because of defendant’s failure to break a certain number of aeres of sod ground which plaintiff intended to sow to wheat, did not state a cause of aetion, since damages are not recoverable for an alleged breach of an undisclosed intention on the part of plaintiff to- do something which could not have been in contemplation of the parties when they entered into the contract and upon which there could not have been a meeting of minds.</p> <p>Same—Breach—Extent of Damages Recoverable.</p> <p>3. For breach of contract, plaintiff is entitled to recover no more than he would have received had the defendant performed on his part.</p> <p>Same—Admitting Portion of Damages—Payment into Court Before Trial —Nonsuit, When Proper.</p> <p>4. Where defendant, admitting plaintiff’s damages in a certain amount, paid such amount into court in advance of trial, more than covering the reasonable damages proven, nonsuit was proper.</p>

Appeals from, District Court, Yellowstone County; Chas. H. Taylor, Judge. 'Action by George B. Kirby against the Oregon Short Line Railroad Co. Plaintiff had judgment, and defendant appeals from it and an order denying its motion for a new trial.

/ Appeals from District Court, Silver Bow County; J. J. Lynch, Judge. Action by Carl F. Easton against tbe Western Life & Casualty Company. From a judgment for plaintiff, and an order overruling its motion for new trial, defendant appeals.

Appeals from District Court, Gallatin County; Ben B. Law, Judge. Action by Ralph Wells against E. C. Waddell. Plaintiff had judgment. Defendant appeals from it and from an order denying his motion for a new trial. The assignment of a lease presupposes the ownership of an estate to be assigned. Since it was not made to appear on plaintiff’s behalf that E. W. Waddell ever owned the lease, there could be no estate upon which any alleged assignment by E. W. Waddell could operate.

<p> Appeal from District Court, Fergus County; Boy E. Ayers, Judge. </p> <p>Action in ejectment by Albert Foster against Walter P. Coyle. Bernard E. Stack, mortgagee, intervened. Judgment for intervener. Defendant appeals.</p>

<p> Appeal from, District Court, Ravalli County; R. Lee Mc-Culloch, Judge. </p> <p>Action by Thomas B. Reagan against X E. Boyd. Judgment for defendant; plaintiff appeals.</p> <p>The Department of the Interior, in Hollensteiner’s Case, 38 Land Dee. 319, reviews all the Acts of Congress relative to the sale and disposal of government lands in the Bitter Root Valley, and holds that the lands in controversy should be sold for $2.50 per acre instead of $1.25. (See, also, United States v. Healey, 160 U. S. 136, 40 L. Ed. 369, 16 Sup. Ct. Rep. 247; United States v. Ingram, 172 U. S. 327, 43 L. Ed. 465, 19 Sup. Ct. Rep. 177 [see, also, Rose’s U. S. Notes].) It is apparent that the supreme court of the United State» would be compelled, by force of the decisions in the Healey-Ingram Cases, to hold that the selling price of the land in question would be $2.50, if within the limits of a railroad grant, and as the respondent by his pleadings does not disclose that the land is not within the limits of a railroad grant, it is defective, and the demurrer should have been sustained. Appellant further contends that the respondent is not the successor in interest of Elmer L. Darling and is not in a position to attack the appellant’s patent on any ground. The pleading discloses that he claims by virtue of a sheriff’s certificate and deed under foreclosure. {Thomas v. Horst, 54 Mont. 260, 169 Pac. 731.)</p> <p>Section 2357 of the United States Revised Statutes (see. 4557, U. S. Comp. Stats. 1916), provides generally that the price of public lands shall be $1,25 per acre, with the exception “that the price to be paid for alternate reserved lands, along the line of railroads within the limits granted by any Act of Congress, shall be $2.50 per acre.” The exception has to do with the alternate section. What can be fairly meant by “alternate reserved lands?” Bearing in mind that the government granted to the Northern Pacific Railway Company all of the odd-numbered sections within forty miles of its road, the language becomes very plain, and can only refer to those lands where every other section is covered by the grant, and not to all sections that, from any cause, might be excluded in a body, even though within the forty-mile limit. It has been held by the Department of the Interior that the lands in the Bitter Root Valley did not pass to the Northern Pacific Railway Company by its grant (Phelps v. Northern Pac. By. Go., 1 Dee. Dept. Int.. 384), and this cake has been followed by the issuance of patents for practically all of the land in the Bitter Root Valley, for odd and even numbered sections, for fifty years. (See, also, Northern Pac. By. Go. v. Hinclvman, 53 Fed. 523; Northern Pac. By. Go. v. Maclay, 61 Fed. 554, 9 C. C. A. 609.) That lands of this character do not come within the limits of grants to railroads is decided in the case of Leavenworth etc. B. Go. v. United States, 92 U. S. 733, 23 L. Ed. 634 [see, also, Rose’s U. S. Notes],</p> <p>The issuance of a patent by the United States may be inquired into, .and if found to have been issued as the result of mistake, or error in construction of the law, may be canceled and the land awarded to the true owner. (Murray v. Montana Lumber & M. Go., 25 Mont. 14, 63 Pac. 719; United States v. Stone, 2 Wall. (U. S.) 525, 17 L. Ed. 765; Sector v. Gibbon, 111 U. S. 276, 28 L. Ed. 427, 4 Sup. Ct. Rep. 605; Menotti v. Dillon, 167 U. S. 703, 42 L. Ed. 333, 17 Sup. Ct. Rep. 945; Huff v. Doyle, 93 U. S. 558, 23 L. Ed. 975; Black v. Jackson, 177 U. S. 349, 44 L. Ed. 801, 20 Sup. Ct. Rep. 648; Johnson v. Towsley, 80 U. S. 72, 20 L. Ed. 485 [see, also, Rose’s U. S. Notes].)</p> <p>The case of Moody v. Arthur, 16 Kan. 419, is almost identical with the case at bar. In that case the court held that the respondent was entitled to have a decree that the patent be set aside, and the patentee, or his successors in interest, be required to convey to the party holding the receiver’s final receipt. (See, also, Cornelius v. Kossel, 128 IT. S. 456, 32 L. Ed. 482, 9 Sup. Ct. Rep. 122 [see, also, Rose’s IT. S. Notes].)</p>

'Appeals from District Court, Fergus County; Boy E. Ayers, Judge. Anton Schaffer, convicted of sedition, appeals . from the judgment and an order denying him a new trial.

Appeals from District Court, Deer Lodge County; Geo. B. Winston, Judge. Action by 'Jobn T. Kirbup against tbe Anaconda Amusement Company. From a judgment for plaintiff and an order denying its motion for a new trial, defendant appeals.

Original application for Writ of Prohibition by the State, on the relation of Ed Barnes, directed to the District Court of the Sixteenth Judicial District, in and for the County of Custer, and S. D. McKinnon, a Judge thereof, to stay further action in a search-warrant proceeding instituted under the Prohibition Enforcement Act.

Appeals from District Court, Missoula County; B. Lee McCulloch, Judge. Action by Bill Markarites, as administrator of the estate of John Kontsontonis, deceased, against the Chicago, Milwaukee & St. Paul Bailway Company. Judgment for plaintiff. Defendant appeals from it and from an order denying it a new trial.

Original application, by tbe State, on tbe relation of Richard Peel and Alfie Elling, relators, against the District Court of the Fifth Judicial… Held: or at least declared, that “there being no appeal” from an order denying letters of administration, the order should be annulled on supervisory control. It may be further suggested that as supervisory control is the “last refuge” in the way of writs, there must be a situation to which no other special proceedings will apply.

<p> Appeal from District Court, Mineral County; Theodore Lentz, Judge. </p> <p>Election Contest by E. S. Wilkinson, against William La Combe. From the judgment of dismissal, contestant appeals.</p>

Original proceeding for writ of certiorari, directed to A. E. McLeish and others, constituting the Board of County Commissioners of Chouteau County, to annul proceedings had in connection with the creation of Banner County.

'Appeals from District Court, Gallatin County; Ben B. Bans, Judge. Action by the Gallatin County Farmers’ Alliance against William Flannery. From a judgment for plaintiff and an order denying his motion for new trial, plaintiff appeals.

Appeals from District Court, Hill County; Charles A. Rose, Judge. Prosecution against Pearl Belland for homicide. From a judgment of conviction of manslaughter and from an order denying her a new trial, she appeals.

Original application by the State, on the relation of Wellington D. Rankin, Attorney General, as a member of the State Board of Examiners, for writ of mandate to compel the said board and Joseph M. Dixon, Governor, and Charles T. Stewart, Secretary of State, as members thereof, to publish notice calling for bids on tbe sale of treasury notes authorized by Chapter 13, Laws of 1921.

’Appeal from, District Court, Custer County; Daniel L. O’Hern, Judge. Action by Bobert E. Bice against tbe Chicago, Milwaukee & St. Paul Bailway Company. Judgment for plaintiff. Defendant appeals from an order denying its motion for a new trial.

'Appeal from District Court, Toole Countyj H. H. Ewing, Judge. Action by tbe First National Bank of Galata against tbe Montana Emporium Company. Judgment for defendant. From an order granting a new trial to plaintiff, defendant appeals. It seems clear to us tbat tbe complaint in tbis case is wholly insufficient.

<p> Appeal from District Court, Cascade County; H. H. Ewing, Judge. </p> <p>Action by the A. H. Averill Machinery' Company against Freebury Bros, et al. From a judgment for defendants, plaintiff appeals.</p>

Original application for Writ of Prohibition by the State on the relation of John Samlin against the District Court of the Sixteenth Judicial District, in and for the County of Custer, and S. D. McKinnon, a Judge thereof, to stay further action in a search-warrant proceeding instituted under the Prohibition Enforcement Act. Citing, on the principal question involved: State v. Peterson and Romamo (Wyo.), 194 Pae. 342; 19 Eney. PI. & Pr. 327; 25 Am. & Eng.

<p>APPLICATION for leave to file complaint in supreme court.</p>

Original application for Writ of Supervisory Control to annul an order of the District Court „ of Lewis and Clark County, A. J. Horsky, Judge, restraining relators, as members of the Republican State Central Committee, from holding any meeting under the provisions of section 2,.