REPORTS OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF MONTANA. FROM APRIL 12, 1909, TO NOVEMBER 12, 1909. OFFICIAL REPORT. VOLUME 39. SAN FRANCISCO: BANCROFT-WHITNEY COMPANY, Law Publishers and Law Booksellers. Copyright, 1910, BY BANCROFT-WHITNEY COMPANY. APR 14 1910 THE FILMER BROTHERS ELECTROTYPE COMPANY, SAN FRANCISCO. ERRATA. On page 157, in paragraph 3 of syllabus, line 2, read "at the point of discovery," for "at a point of discovery." On page 560, in paragraph 8 of syllabus, line 5, read "in the court's instructions,—was sufficient," for "in the court's instructions, was insuffi cient." (iii) JUSTICES OF THE SUPREME COURT OF THE STATE OF MONTANA, DURING THE TIME OF THESE REPORTS. THE HON. THEO. BRANTLY, Chief Justice. THE HON. HENRY C. SMITH, Associate Justices. THE HON. WILLIAM L. HOLLOWAY, OFFICERS OF THE COURT: ALBERT J. GALEN, Attorney General. W. H. POORMAN, First Asst. Attorney General. WILLIAM L. MURPHY, Third Asst. Attorney General. MARSHALL N. RACE, Marshal. AUGUST C. SCHNEIDER, Court Stenographer. (v) · |