The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-11-03
Supreme Court of Minnesota.

Supreme Court of Minnesota.
ABSTRACTS OF RRCRNT DKCIs.
/ IONS.
Nathan c. D. Taylor, vs. Joshua 8. TAYLOR
| ct al.
| SYLLABUS.
The Legislature, by an act approved March
Sd, 1868, provided (subject to the approval ol
the electors of the county,. that the county seat
OF Chtsago county should be removed from
Taylor's Falls to Chisago City, and said law
was submitted, at the next general election, to
the electors of said county for their adoption in
pursuance of Sec. 1, Article IL, of the Consti.
| tuition.
! In certain towns in said county at said cleo.
ton, the judges and clerks of election did not
take the prescribed oath or any oath, and no
list OF qualified electors was kept az required
by law; and in one town one of the judges of
election was candidate for representative to
the State Legislature.
| He'd, That Notwithstanding such errors and
Irregularities on part Of the officers of the cleo.
ton, it was the duty of the County Canvassinp
| Board to canvass the returns from said towns.
and their certificate was pr;ma facie evidence
of the result of the electisn. The burden of
| proof was on the contestant to show that the
rendered 1t uncertain. If the votes of the citi-
zens are fully and fairly deposited at the time
| and place designated by law, the intent and de.
| sign of the election are accomplished It is the
will Of the electors thus expressed that gives
| the right to the Office or determines the cues
ton submitted, and the failure of the officers to
perform mere ministerial duty in relation to
the election, can not invalidate it If the cleo
| tors had actual notice, and there was no fraud,
| mistake or surprise
If the officers of election fail TO perform their
daty. the law provides q penalty, but the cleo.
ton is not aecessayily rendered void.
The object Of requiring the points" of
contest to be stated, is for the purpose of in
forming the adverse party of the grounds of
contest, go that he may prepare to meet them,
ana may not be taken by surprise; each party
to contested election is, therefore, reqsired
when he becomes actor. to give notice of the
specific grounds on which he intends to assail,
either the election or the correctness of the re-
turns or canvass.
Sec. 1, Art II, of the Constitution, requiring
only (for the adoption of such law majority
of the electors present and voting ct such elee-
ton.
When the literal Interpretation of an instru-
ment involves any absurdity, contradiction, in
justice or extreme hardship, the courts may
deviate . little from the received sense and lit
eral meaning of the words and interpret the
instrument in accordance with what may ap-
pear to have been the Intention and meaning
of its trainers, and the real intention, when
accurateiy ascertalneo, mast In All cases PFeVaA
over the Ateiai sense OF the eerms.
Inc meaning OF pafucoiaf wofos 10 Statutes,
as wen US 0tner inetrumeo0, ls 10 De louno,
ETY. OF language, nor even IN popular use, as in
the subject or occasion on which they are used
and the object that is intended to be attained
As general rule; it. is the duty of every
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s,;. voe Suu sv .n =. ssc" e'ee'lon
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.sa Goass;t ~ 40 ." au IL 'no e"0S'fuc''oo u
TUG 0onsu'us'on.
State of Minnesota We. Thomas J. Sheppy.
sYIIAsus,
It appearirQsthat the defendant deliberateIy.
and Intentionally ehot the deceased the ORE
sumption ia that It was An Act Of murder.
A party indicted Ia not entitled 10 an aco,,it-
tai on the ground of insanity II At the time of
the alleged ofsonee he had capacity SUFFICIENT
to enable him to distinguish between right and
wrong and understood the nature and coase-
ouepces of his act or had mental power sniff.
ILL '" "pp5 'N"' VIC ""H
The des;cced KILLING of ancsher ,v;thopk
rrovocatior md not in sndde,, conhat Is nocs
lsthe les murder hacause the rerretrator Of the
crime is in a st.te. of nass;cn
To de,arn,;na ~, tbe en- fssc;onnv rs tho NM,
vocat;cn tn m;4;oa,e s the hiIIn1 from, nnrser
to msns,snoht tor the instrnmcnt or wsannr
w;,h ~h;cS ,he horo;c;da ".ss ef..,e al ,,U., ~
tst.ar into cors;dar.t;no II eTsctad U bv % .
SaaJIv woonon tba ,,r"vocst;nn Yaust 10 ,,yao,
to iotyor ~ n,sde II the cr;,aa frorm ,,rssdar
WA, ths rsvan.e ;s d;snrono,t;ono,a 70 ths
;n;"rv Il cannot be said in Ieral sanss tn have
IL, y,,rry~Sad liz snch in;rr~ '''' ~ -
81 Sa,f Sosensa - - ,s a.,.,s;v ma,
an oa.ms;va .ct and rnns, no, exoasS The
S Sas 20 - ,a.rauoa ""s ~ ,;os ~
;s.;f., s,,oh cot ,hora ,,,,st no a. ,eass an an.
Ju. ra., :,', ~, va.d oty ~ for,s :. soaio
bboS;in har1e S VIZ " '-e