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No. 4,919.-STATE EX REL. ARTHUR TAYLOR ET AL., RELATORS, v. DISTRICT COURT ET AL., RESPONDENTS. Original application for Writ of Prohibition directed against the District Court of the Third Judicial District, and Geo. B. Winston, Judge thereof.

Decided September 13, 1921.

PER CURIAM.-The application of the relators herein for writ of prohibition is, after due consideration, denied.

Mr. J. H. Duffy and Mr. R. E. McHugh, for Relators.

No. 4,884.-LEONORA CONRAD ET AL., RESPONDENTS, v. THE DAY HANSEN SECURITY CO., APPELLANT.

Appeal from District Court, Powell County; Geo. B. Winston, Judge.

Decided September 13, 1921.

PER CURIAM.-On motion of respondents to dismiss the appeal herein for failure of appellant to file transcript or brief within the time allowed by law, the appeal is dismissed. Mr. S. P. Wilson, for Respondents.

No. 4,523.-GEO. NELSON ET AL., RESPONDENTS, v. MONIDAH TRUST, APPELLANT.

Appeal from District Court, Silver Bow County; Edwin M. Lamb, Judge.

Decided September 13, 1921.

PER CURIAM.-Pursuant to stipulation of the parties herein, the appeal is dismissed, each party to pay his own costs.

Mr. James E. Murray and Mr. J. F. Emigh, for Appellant. Mr. J. A. Poore, for Respondents.

No. 4,910.-MARIE MEST, RESPONDENT, v. ALEXANDER MCKAY, APPELLANT.

Appeal from District Court, Madison County.

Decided September 17, 1921.

PER CURIAM.-Pursuant to motion of appellant, the appeal herein is dismissed.

Mr. Geo. R. Allen, Mr. Lyman H. Bennett and Mr. E. B. Howell, for Appellant.

Mr. M. M. Duncan, for Respondent.

No. 4,455.-REPUBLIC COAL CO., APPELLANT, v. LAURA M. CARTER, TREASURER, RESPONDENT.

Appeal from Musselshell County; Geo. P. Jones, Judge.

Decided September 20, 1921.

PER CURIAM.-This cause coming on for hearing this day, and it appearing that no briefs have been filed, it is ordered that that certain judgment of nonsuit made by the court below on the ninth day of July, 1918, be and it is hereby affirmed at the cost of the appellant.

Mr. Thos. J. Matthews, for Appellant.

No. 4,598.-JAMES R. COSTELLO, RESPONDENT, v. MARY A. COSTELLO, APPELLANT.

Appeal from District Court, Silver Bow County; Edwin M. Lamb, Judge.

Decided September 23, 1921.

PER CURIAM.-This cause this day came on for judgment and decision by stipulation of the parties. Whereupon, in pursuance of said stipulation of the respective parties Sled herein, it is now here ordered and adjudged that the judgment of the court below, made on the thirtieth day of August, 1919, and the order made on the twentieth day of December, 1919, be, and the same are hereby, affirmed; each party to pay his own costs of appeal.

Messrs. Nolan & Donovan, for Appellant.

Messrs. Binnard & Rodger, for Respondent.

No. 4,908.-STATE EX REL. S. L. DYER, RELATOR, v. DISTRICT COURT ET AL., RESPONDENTS.

Original application for Writ of Supervisory Control directed against the District Court of Powell County, and Geo. B. Winston, its Judge.

Decided September 26, 1921.

PER CURIAM.-The application of the relator herein for writ of supervisory control is, after due consideration, denied.

Mr. S. P. Wilson, for Relator.

60 Mont.-40

No. 4,911.-STATE EX REL. BOURQUIN ET AL., RELATORS, v. DISTRICT COURT ET AL., RESPONDENTS.

Original application for writ of supervisory control directed to the District Court of Silver Bow County, and Jeremiah J. Lynch, a Judge thereof.

Decided September 26, 1921.

PER CURIAM.-The applications of the relators for writ of supervisory control is, after due consideration, denied.

Mr. Wellington D. Rankin, Attorney General, and Mr. Ed. Fitspatrick, for Relators.

No. 4,936.-HANNAH LEARY, RESPONDENT, v. CITY OF BUTTE, APPELLANT.

Appeal from District Court, Silver Bow County.

Decided October 3, 1921.

PER CURIAM.-The motion of respondent to dismiss the appeal herein for the reason that the transcript has not been filed within the time allowed by law, is granted and the appeal dismissed.

Mr. M. Donlan, for Respondent.

INDEX-VOL. 60.

ACCOUNTING.

See Findings, 1, 2; Partnership, 1-3.

ACTIONS.

By third party to enforce contract-Complaint,-see Contracts, 14, 15. Nature, how determined,-see Motions, 1.

ADMISSIONS.

Against interest, see Criminal Law, 43, 44, 49.

As distinuished from confessions,-see Criminal Law, 41-45.

Need not be Proved.

1. Facts admitted by the answer need not be proved.-Hawley v. Richardson, 118.

ADVERSE CLAIMS.

See Mines and Mining, 1-9.

ADVERSE POSSESSION.

See, also, Real Property, 15-20.

Of mining ground for street purposes,-see Cities and Towns, 4, 5. Public lands-Gives no title against government,- -see Real Property, 9.

AGREED STATEMENT OF FACTS.

Trial-Waiver of defects-Variance,-see Pleading and Practice, 24.

ALIBI.

Refusal of instruction-When not reversible error,-see Criminal Law, 84, 85.

ALIMONY.

Discretion, see Husband and Wife, 8.

AMENDMENTS.

Of complaint to conform to proof-When rule may not be invoked,-see Pleading and Practice, 23.

Of complaint, when properly denied, see Pleading and Practice, 28.

APPEAL AND ERROR.

See, also, Criminal Law.

Curing error in admission of evidence,-see Instructions, 3.

Right to nominal damages insufficient to warrant reversal of judgment,— see Damages, 6.

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