The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-01-20


winch the improvements. for the purchase .sof
wnleh this note is given. as provided nv ,h Ha
he 10y OF February "a, 1855, with the Winnie,
oeso inolans, shall be issued until fnll nav
,nent hereof is made" Held, that the contract
T Ma; mage with l. 2. F. as the Agent Of the
exnreSs I ,s and he was not trustee of an
,,., when public officer. acting solely q, no
t haI OF his government, within the soo,,a o of
authorty, enters into a contract - 49, ~
III any other official act If his charo otor T.,
Sn, ', :. Is known, 'presumntivoIv y. :.
hron ~ .ne olher party, suit thereon annst 10
the redress ; - name OF the government where:
the name of the ga; IN Its behalf and suit il,
,,rsSs a,,,h VI .he oflcer, in the absence of AZ
press au'nori'y, cannot be maintained VI eA A',
/, o. 'n T. oooge va. Hiram Rogers. :,
SYLLABUS. - =. 10
II .ne cnarge OF the court upon ,he reo,ost Z
" Gounsei, aitnough not in the exact ianoraera
~ is sn saae substantial compliance with
. Ine construction of written co,tro.t :,
mater OF law Tor the court, the m,ast;on -
performance under it SO construed i faot 81 ~.
the jury to determine. iac' ior
In Charging jury the court is, reeuired ,o
give ~ tne jury the law as applicable to the
requested by counsel to charge upon snec;Sc
points, II they cannot be given or refused nos.
hlveiy, the court may give or refuse them with
such notifications or explanations as Justice
may require.
Under a contract in the following words. .
Il: contract for all material to put up house,
paying part in lots and planes when possible
using his own judgment as if for himself, for
which D. allows Z to make aselection of the
best piano in, the lot enumerated below and
keep for HIMSELF" Held, That the effect of Che
contract is to confer on R. the right only. in
the first instance to select the piano and refrain
from renting or selling. it and that the con-
tract dld not, er 70 teTnsins pass the title to R.
bat that the performance of the contract was a
condition president to his title .o- sT-
When the performance of condition is pre-
vented or rendered impossible by the party
Tor whose benefit it was to be performed, the
condition is deemed in law performed, or its
performance waived or excused. -lI
John Tierney aad others Plaintiffs in Error vs..
II. NJ. Dodge, Acting City Justice, Defend
ant in Error.
Ia summary proceedings the subject of re-
view, within she limits of the constitution. ia
under the control of the Legislature, and in
the absence OF statutory provision an appeal
does not lie.
The case of Paddock s. HAYES vs.. the St
Croix Boom Corporation, MIMI, III, referred
to and cOncurred in.
A provision in general law is repealed pro
t1St0 by provision in charter of q munich
pal corporation passed subsequently thereto by
tne Legislature, when such provisions are in
direct conflict. or the intention of the legisla-
trre to that effect is clearly expressed. 49,
The term appellate Jurisdiction, !" in Section
2, Article s, OF the Constitution. defines the
nGtare OF the Jurisdiction conferred by the Con-
stltuuon, but does not embrace the mode in q
which the jurisdiction shall be exercised.
While in summary proceedings the right Of
appeal depends upon statutory provision, it is
equally well settled that in the absence of leg
islative restriction certiOrari will lie.
When court acts in summary manner, or
ina new course, different from the common
law, in the absence OF legislative restriction q
certiorari will lie. -
The term appellate jurisdiction, "in Sec. 5,
Art 8 OF the Constitution, applie&to the Dis
trict Court, has the same Specification as in the
section of the Constitution above cited, refer
ring to the Supreme Court r.. r.. -, ..
=. AS the legislation on the subject now stands,
in cases like this one, certiorari lies in the
first instance to the District Court. 'f@
As an APPEAL depends npon statutory pro-
vision, it may be granted or withheld in al or
any class of cases, and the class may be deter.
mined by the character of the proceeding, or,
as In this case, by the amount Of the fine or
judgment. .Fe .T
The proriso in the act of incorporation of the
city OF 81. Paul, as 1t now stands, that, among
Others in cases of assaults no appeal shall be
allowed, when the judgment or fine imposed,
exclusive Of costs is less thin twenty five dol
lars does not conflict with Section 2, Article 6,
OF the Constitution, and so far as the obec-
tions made to it in this case extend, is consti-
{ Itional. '.i-
Icertify that the foregoing are true copies Of
the originals on file in my Office. .o
: GEO. F. POTTER,
Clerk Supreme Court.
Jan. IA, 1864.