The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-02-07
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supreme Court OF Minnesota.
The Supreme Court adjourned on Satur-
day after session Of two weeks. All the
causes before the Court were disposed OF
during the term. Wecopy from the Pho
neer the following abstract Of decisions, as
furnished that journal by the clerk OF the
Court:
Moody & Perkins, Plaintiff in Error u.s. Y.
L. Stephenson, De't. in Error: A, party
took his cause to the Supreme Court by aP
peal, and subsequently, the appeal still pend
ing, took the same cause to the same court
by Writ OF Error. Held, that having first t.,
ken his appeal, that must DO dismissed and
costs Maid before the Writ of Error could be
of no avail. Cause dismissed with full costs
and also with costs of notion. ."
Ames & Hoyt, Pl. in Error ps. Gaty, Nc
Cnne & Co. Defst. in Error. Objections to
dispositions used upon trial below. Heta,
that jurat should appear to each deposition,
and that general certificate at the close OF
several dispositions not sufficient. Judgment
below reversed and cause RENTED. d.
bfeWSIeI, II. III GIIOl OSs w oAOAAO~u5 80 S'
In Error. Suit upon note, payable twelve
months after date with interest at the rate
of twenty per cent per annum, from the date
thereof. Held that the same rate OF interest
prevailed after maturity and until paid as
was expressed in the note. Judgment be-
low affirmed.
J.W. Bass & Co., Pl. in Error rs. R. P.
Upton, Deft. in Error. The judgment Of
the Court below sustained demand to por-
tions of Def7t's. answer. Held, that the de-
tense, a portion of which was demurred to,
was entire, and that part of an entire de-
fence cannot be demurred to. But He'd,
that motion should have been made below
to dismiss the demurrer. Judgment below
affirmed. .---.....
W. Bass, Pl. in Error Us. Randall &
Smith, Def7t. in Error. The judgment ofthe
Court below overruled demurrer to defend
ants answer. Judgment below reversed
Opinion of Court not yet delivered.
David Hone, App't. rs. VIM. Woodruff,
Resp't. Hertzell & Burris, Appellants vs.
VIM. Woodruff Appeals from DEGREES in
Chancery denying relief demanded in Bills.
Held, that upon the pleadings and evidence
the compliments are not entitled to the re-
lief demanded. lo
Evalon T. Moses, Apt. rs. B. F. Irvine
& Co. Resp'ts. Certiorari from Justices
Court. Held that the affidavit for writ OF
Certiorari must state that the application
is made in good faith and not for purposes of
delay. A motion was made in the Court be-
low to quash the writ and subsequent pro-
ceedings for want of such allegation, which
motion was denied, and the cause was heard
upon the return. Judgment of District
Court reversed. ss
James NJ. Winslow. Pl. in Error cs. Will
kinson & Babcock, Delft. in Error. The
Plaintiff in Error, who was defendant in
Court below, alloweda judgment to be ia
ken against him by default, and then took
out a Writ of Error. Held, that he should
have appeared and made his objection in
Court below. Judgment affirmed. T.
Ames IS. VIM. Boland and others. Agreed
case. Held, that in civil actions cause
must be taken to this court upon appeal from
judgment, or by writ of error, and that the
settlement of an agreed case by the parties
below, before final judgment does not give
this court jurisdiction. Cause stricken from
Calendar without costs. In this case guam
tity of logs was replevied from lumbermen
who claimed lien, and answered the COM
plant in replevin jointly. The court init
mated that were. the case properly before
them, they would have to hold the pleading
bad. The defendants should have answered
separately.
Steele Pl. in Error VS.. Maloney Deft. in
Error. Held, that on the trial of cause
an objection to juror or to the PANEL,
must be taken before the jury is sworn. =
Judgment below affirmed.
Bsrgfeld. Resp't. VS.. Tullis, Applt: OBJ
lection to Introduction of evidence. Pl. or
trial below proved payment to himself o
certain money and offered his own receipt
testified to by the subscribing witness, il
evidence. Receipt allowed to go to jury
Held, that the receipt was improperly admit
ted the party's own testimony was the best
evidence and he should have been sworn
Judgment below reversed.
Steamboat "Falls City," Pl. in Error, rs
N. P. Kerr, Deft. in Error furnished money
to Boat to purchase supplies at Pittsburgh
in the State of Pennsylvania. Held, that The
Statute allowing an attachment against {
q boat for supplies furnished, applies only t.
such as are furnished within the Territory
This point was not raised in the Court be-
low. -,.... ....... ..........s.
Francis, Walton & Warren, Pl. in Error
Bond C Kellogg, Deft's in Error. The
question in this case arose in regard to GER
tain fixtures added to building by lesseet
under parol lease, for purposes Of trade
Subsequent to the addition of these fixtures
lessees sold their interest in the lease, fix
lures and goods to plaintiffs, and plaintiff
sold the same to defendant. Part of the
consideration from defendant to plaintiffs, fol
the recovery of which this suit was brought
was for the fixtures. To this part of consid-
GRAFTON, defendants set up want of title to
fixtures in plaintiffs at the time defendants
bought. The judge in the court below held
that tho fixtures, upon the transfer of the
original lease were forfeited to the owner Of
the real estate, and that when the origina
lessees sold to plaintiffs, that was an end o.
the original Lease and an abandonment o
the fixtures to the landlord, and that the de-
PENDANTS still in possession as lessees, need
not show an actual eviction from the posses.
sion of the fixtures to entitle them to Offset
their value. Judgment of court below af
f1rmed. .l.t.1~ r.4l3u1s
Q. L. Stephenson Rep't vs.. Moody & Per
kins, Appts. A. was arrested on mesne
process, in civil action by B. against him
and was released on BAIL B. obtained iudg-
mennt against A., who did not appear and
hold himself amenable to order of court for
discovery After arrest md Uiv;np horJ FL,