The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-08-11

section "a, and no appeal lies from an order
denying such amendment unless q gross abuse
OF discretion is clearly established.
Royal Lovel VS.. the City of St. Paul.
SYLLABUS.
When street certificates have been issued to
party under and in pursuance of the provis-
ions of sec. 10. chap. of the amended charter
of the City Of st. Paul, the City is not liable
on said certificates or for the work and labor
on account of which they were issued. In
the assessment and sale of the lots (chargeable)
for the amount due on the certificate, the city
acts for the certificate holders. The city mel
ther assumes nor guarantees the payment of
said certificates, nor becomes liable to the
holders thereof by proceeding to collect the
amount due thereon, nor by reason of the
fact that said lots for want of bidders are
struck off to the city.
James A. Lovejoy, ct al, VS. d. Morrison q Co.
SYLLABUS.
L. and NJ. entered into contract whereby
NJ. was to furnish logs and L. to run certain
mills for specified time for the purpose of
manufacturing said logs into lumber for an
OF the contract by NJ. in refusing to furnish
logs or to pay for the work done, &C., the
complaint set out at length lease and supple.
ment thereto, under which L. held the mills
under the st. A. w. P. Co., and the plaintiffs
claimed as part of their damages the rate of
rent agreed to be paid by the terms of the lease
and supplement from the time of the breach till
the expiration of the contract to manufacture.
Held, That the lease and supplement togeth-
er with other allegations of the complaint by
which the plaintiffs seek to charge the defend
ants with the particular rent specified in the
lease and supplement, as part of their damages
were irrelevant and redundant, and therefore
properly stricken out.
Joseph s. Trigg, Respondent VS.. John Lar
son, Appellant.
.....- SYLLABUS.
Sec. $50 chap. SO, Comp. Stat. makes the
payment for costs and the fee for the return,
essential conditions to the jurisdiction of
Justice of the Peace to allow an appeal in
civil action.
When it appears from the return of the JUS
tice that the fee for tie return has not been
paid, the appeal may be dismissed.
In civil action, the party against whom o
judgment is rendered in Justices Court, is en-
titled to appeal without paying his own wit
nesses.
Foster L. Stevens. respondent, VS.. James w.
Curry ct al, appellants
SYLLABUS.
Where cause is regularly noticed and placed
upon the calendar for trial, an amendment of
the pleadings does not render new notice of
trial necessary.
Jonathan 8. Fish. plaintiff in error, vs.. Peter
p Berkey ct al, defendants in error
q SYLLABUS.
Section7, CHI. 81, page 543, Pub Stat, is re-
pealed by sect. 4, CHI. IL, Col. Stat.
An agreement was entered into between sew.
oral persons whereby certain personal prop
erty was conveyed, for specific purposes and
trusts, TO several parties, one Of whom was
made trustee for the others. In an action
brought by the party who owned the property
at the time OF the conveyance, (and to whom
any surplus was remaining after the trusts
were fulfilled, was to be paid for an account
and payment over. Held, That all the parties
to the agreement having subsisting interest,
should be made parties to the action.
Augustus K. Capehart. Apt, VS. Benjamin
Van Camper, Resp't.
SYLLABUS. .'-
When judgment of the District Court is
reversed in the Supreme Court and the case re-
manded, and no final disposition has been
made of it, the action in which such judgment
was recovered, is pending, and complaint in q
suit brought upon the same cause of action
upon which the cause of action was founded
anu DttWccu tuc oat1c kEiTtScS IL fulcreSt ana
alleging these facts, is demurrable -
Thomas McRoberts, respondent, vs.. William
d. Washburne ct al, appellants.
SYLLABUS.
Chapter 10i of the Special Laws of 1858, page
3O3, is not repugnant to sectiod 2 of article 10
of the constitution of this State.
Section of said chapter operated as a re-
peal of the first proyiso of section of chapter
II, page 269 of the Session Laws of 1857. The
mere fact of riparian ownership does not au.
thorize riparian owner to run public ferry
to and from his own shore. The estabIish.
ment and regulation of ferries is q subject
under the control of the Legislature. A ferry