The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-01-06

Associate Justices.
The first regular term Of the Supreme
Court Of Minnesota was concluded on Tues
day, January 4th. The Court disposed ol
some sixty case, on the calendar, and has
given opinions on about one third Of them.
The opinions OF the Court upon the other
cases will bc fled with tho Clerk Of the
Court. The case, decided. we give below
Joseph Daniels. plaintiff In error. ~. J.
n. Winslow, defendant 10 error from Ram.
sey county. Decision by the Associate
Justices, Judge Emmet having been ono Of
tho counsel in tho court below Judgment
Of tho court below affirmed.
Clement A. Beaullesu. appellant. -. VIM.
J. Parsons. respondent. From Ramsey
county. Order ofcOurt below refusing new
trial affirmed.
James Is. Jackson. respondent, ". VIM
II. Morton, appellant. From Ramsey coun.
ty. Judgment below reversed. Opinion
fled by Associate Justice Atwater.
Earle g. Goodrich, appellant, ". George
w. Moore, respondent From Ramsey
county Order Of coart below dlssolv iug
injunction affirmed.
X. A. Smith, respondent, Us. George A.
Camp. appellant. From Ramsey county.
Judgment below affirmed.
Steamboat Revcille, plaintiff in error y,
u. lambeth From Ramsey county. judy.
ment below reversed.
X. y. Pease h Co, appellants, Us.
Rush. Pratt, ct. al. respondents. From
iRam.ey county. Judnmcnt below reversed.
State OF Minnesota, appellant, rs. VIM.
II. McGroriy, respondent. From Iianey
couuty. Dismissed for want of Jurisdiction.
Opinion tIod by Associate Justice Atwa-
ter.
Edward II, Hawke. plaintiff in error IS.
n. A. Duel. defendant In error. From
Ramsey county, Writ Of error dismissed.
II. A. DnclI. appellant, ", Edward II.
Hawke, respondent From Ramsey county.
Order OF court below commanding the entry
Of juJgm'ht below reversed.
WIN. IT, Morton. plaintiff IN error. ~.
.'ames u. jackson. defendant in error.
From Ramsey county Judgment below
reversed.
q. T. Briant Us. g. NJ Colby This was
an application 90 the part Of the plaintiff.
restieDt Of Fillmore county, tor peremp
tory writ Of man1amus 10 compel the de
iendapt, who IL also a resident OF Fillmore
county. in his capacity as Clerk to the
Board OF Election Canvassers, Of that coun
ty, 10 give IL certificate 10 tn plaintiff of
his election as a member OF tho State Stn
ate from that county. TIE Board of Can
vnsgp in examining tho returns Of tho
Judges Of Election, threw ont tho vote OF
the precinct Of ChatlicId. although returned
in regular manner, Ior an alleged tamper-
ing with the ballot box, aud ordered the
certificates Of election to bc given to the
opposing candidate 10 Mr.. Briant. The
Supreme Court did not Gle its opinion. but
ORDERED the writ ~ mandnmus to be granted
compelling Mr. Colby to give certificate
Of election 10 Brant,
lgnat,us +. O'l'arroil -. &. NJ. Colby.
This case was from the same county as the
foregoing. ard was precisely similar. The
writ oi Gandamus wps granted. The de
cisiou Of the Court brings the contestant on
u just and proper equality before the State
SENATE wh'ch ny 'ht constitution Il the ohIy
Judge ul the election returns and eligibility
of II. own memhrry.
", NJ .,i...t.. p.,r.,,;
go, ''"" w "''''' go '''' '''''','"'
thiS Gaze was HoiiVh iVr M" tttA o' Tue
deicudaut who was tried before the District
Court OF Ramsey county IN October. and
found guilty Il assault With intent to k.ll,
The offence u lhr prisoner WA assaulting II
police oilicer, and using dcally weapons
and the trial hciorc tho pltriet Court at,
,rac,rd cnnsilersblr atlcution The Su
premc Court granted NV trial, anl gave
the following "a the grounds upon which u
was granted
Tow,ks an, the c,,,u. ,h,,,..l ia, tho ,o.,l,,
men,, tho hiding. had death ,osai.cj, must have
been murder "a the trsi deg're uadrr our IA
ne'' am "o,hns '..' vs. ".l aA.' ,u'.1 s' 4.
n" h. Iary sS,t II a., sct h,I rs,,,t"A in dea,b
ana The killing would hay, been ,uu,dcr unle,
The common law dcdai'ioa OF that ctn'e, that
We ouene' Was inad' "nt', inr to"m." "a"
a."m,''" ,hJ 49, "" oe ,anrsy onJ'r Wv,
statutes. The charge. Therefore, to th, iut ,
10. III gg hat ,tsa ia hal H.,