The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-01-20
Recent Decisions Of the Supreme
Court.

Recent Decisions OF the Suprem.
| Court.
Mathew Finley vs.. Patrick Ouirk.
| The fact that horse on trial three or soun,
Gays after purchase, proved to be .sbalky - i
evidence that he was 8 balky" at the time o
/ purchase. '--S ~
Upon appeal to- the District Coprt tbe
plalntlf moved that the surety on the defen
dants appeal bond be required to iustifV. =,
that he be required to- furnish another SURETY
The court ruled that if the plaintiff wouid
make affidavit that the surety was insufficient
| ne would require him to justify, or the defen
dant must procure another. To this ruling
defendant excepted, and furnished another
| surety"
Held, That there has been no order or ope
rative ruling to which to except. .-,-- -
! The fact that since the commencement OF
the action good and responsible party offered
| 800 for the horse, which offer was refused is
not evidence of the value of the horse" ,
sale of horse consummated on the Sab.
bath is void, and an action on the warranty in
such sale will not lie
IT, in the examination of witnesses. facts
come out which had they been alleged. would
furnish ground of relief or defence, such facts
must be disregarded unless they are warranted
by the allegations of the pleadings
An answerby way of denial raises an issue
only on the facts alleged in the complaint.
denial of the sale of horse raises an issue
only on the sale in point of fact, and not on
the legality of such sale. - n
The facts tending to establish the defence
that the sale was made on Sabbath, is new
matter by way of defence, and must be affirm
atively pleaded. &c. 80 =.
Oliver Dean VS.. Charles Leonard.
SYLLABUS.
The complaint in this action alleges " that
the defendant on or about; the 10Th day of Oc-
tober, A. d. 1859, and from that time until on
or about the 10th day of April L. ID. 1861
leased, hired and rented of and FROM the plain
tit and actually was in the position and occu-
pancy of and occupied as his family residence
during that time as the tenant of the said
plaintiff and was during all that time the
tenant of said plaintiff in and occupying that
certain brick two-story dwelling house, "&c.
That the premises were worth and of the
value of the SUM and agreed price of TWENTY-FIVE
dollars per month for each and every month.
In consideration whereof the defendant be-
came liable and promised said plaintiff to pay
said sum therefor, &c. -
The defendant in his answer "denies each
and every allegation of the complaint" u
Held. Though the plaintiff declared on o
lease he also stated cause of action for o
merely permissive use and occupation.
The defendant not having objected to. this
mode of pleading, the plaintiff was entitled to
recover If he proved a tenancy either ander .
lease or by permission of the plaintiff -.
Amere negation of an allegation of value is
not such denial as the rules of pleading re-
quire.
AxeL Jorgenson,. Appellant, va. Catharine
Boehmer, William BEGINNER, her husband,
and John y. Brunius, Respondents.
SYLLABUS.
A motion for relief from judgment, made
under section "a, chapter CO. of the Compiled
Statutes, is addressed to the discretion of the
Court, and an order thereon, where 20 abuse
OF discretion exists, is not appealable.
John d. North and Samuel 8. CARL uartners
under the firm of North & CARL, and Har.
ris Russell, Respondents, Us. Thomes Brad
way, Susannah Broadway, his wife, John g.
Randolph and Moses Cole, Appellants.
SYLLABUS
In IA seton, by judgment creditsrs to re-
move impedinents to their remedy created by
the fraud OF their debtor in conveying his pro-
perty to several grantees, the debtor and his
grantees may be joined in one action although
the grantees take BY separate conveyances, and
no joint fraad IN any one transaction is
charged against them all
Adebtor with intent to defraud his creditors
paid out of his moneys and property the con-
alteration Of certain land and procured the
deed therefor to be made to his wife. She por-
ticipdtin9 in tie fraud to its fill crtent andalso
with like intent, conveyed, without considera-
ton, certain land to another person, who sub
seQuently conveyed portion of the land to q
third person, the grantees having notice of the
fraud. Held, That the transactions, although
different in form, were of the same nature and
might be united In the same action.
John F. Powers. Respd't, vs. George F. Ames
and Guilford D. George.
The objection that the Court has not juris-
dction of the subject matter of the action,
must appear affirmatively in the complaint, to
justify demurrer for that cause. 1t is not
enough that the complaint fails to allege facts
showing Jurisdiction. The objection in that
case must be taken by an answer.
Charles C. Lund, Plff. in Error. vs.. Henry n.
Rice, ct al Defts, in Error.
The recording acts do not authorize the re-
deed
St. Paul Division No. 1. Sons of Temperance
vs. Joseph r. Brown and Jacob w. Bass.
SYLLABUS.
December IA, 1852. defendant Brown execut-
ed to plaintiff a bond In penal sum of o., 900,
| conditioned that If on payment Of $500 and in.
| tercst at ten per cent per annum to said Brown
| his heirs executors, administrators or as.
| signs, the said Brown his heirs executors ad.
| ministratorsi or assigns should convey the
| premises in eaid bond described to the plaintiff
| then the bond to be void.
In January. 1853, Brown and wife BY war.
ranty deed conveyed said premises to defend.
| ant Bass who took the same with notice of the
| bond aforesaid.
Held, that it is as much matter of course
| for courts of equity to decree q specific per.
| Torrance of q contract for the CONVEYANCE OF
real estate which is in its nature unobjectiona-
BILE, rs it Is for courts of law to give damages
for its breach, and the form of the instrument
by which the contract appears is wholly unim-
pOrtant.
After the conveyance to Bass, he became
Browns assigns" entitled to the purchase
money, and bound to convey the premises to
| the plaintiff on payment of the sum due.