OF

CASES ARGUED AND DETERMINED

IN THE

ل

SUPREME COURT

OF THE

STATE OF MONTANA.

FROM OCTOBER 21, 1907, TO FEBRUARY 25, 1908.

OFFICIAL REPORT.

VOLUME 36.

SAN FRANCISCO:

BANCROFT-WHITNEY COMPANY,

Law Publishers and Law Booksellers.

1908.

Copyright, 1908.

BY

BANCROFT-WHITNEY COMPANY.

AUG 21 1908

SAN FRANCISCO:
THE FILMER BROTHERS ELECTROTYPE COMPANY,
TYPOGRAPHERS AND STEREOTYPERS.

The opinions in this volume of the Montana Reports have been edited and are reported, under the supervision of the Justices, by Mr. A. C. Schneider, a member of the bar of the supreme court.

(iii)

'ALBERT J. GALEN, Attorney General.

W. H. POORMAN, First Asst. Attorney General.

EDGAR M. HALL, Second Asst. Attorney General.

*WILLIAM L. MURPHY, Third Asst. Attorney General. JOHN T. ATHEY, Clerk.

MARSHALL N. RACE, Marshal.

AUGUST C. SCHNEIDER, Court Stenographer.

*Appointed January 1, 1908, vice John G. Brown, resigned December 16,

1907.

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ATTORNEYS AND COUNSELORS AT LAW

Admitted from December 5, 1907, to June 6, 1908.

BEERS, WILLIAM VANCE, Admitted February 3, 1908.
COLE, HALBERT B., Admitted May 8, 1908.

DAVIDSON, WILLIAM P., Admitted November 11, 1907.
DWYER, J. V., Admitted December 9, 1907.

FISHER, EDWARD F., Admitted December 20, 1907.
HAMNER, WALTER E., Admitted April 30, 1908.
JACKSON, JOSEPH R., Admitted December 9, 1907.
LOGAN, FLOYD J., Admitted December 9, 1907.
MASON, EDWIN K., Admitted December 5, 1907.
MATOUSHEK, FRANK J., Admitted December 5, 1907.
MURPHY, HOMER G., Admitted March 23, 1908.

SCHROEDER, LOUIS F., Admitted May 28, 1908.
SHEPHERD, RUSSELL E., Admitted January 15, 1908.
STEVENSON, R. G., Admitted December 9, 1908.

THORSEN, CARL O., Admitted June 6, 1908.

UPSON, JOHN E., Admitted March 3, 1908.

WEIR, TAYLOR B., Admitted March 17, 1908.

WOODWARD, HERBERT S., Admitted January 27, 1908.

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