The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1876-09-28
A Point of Law.

by Durtinal in seizure and selling stock
Of Merchandise owned by Plaintiff. Dur.
inal as Sheriff justified the seizure under
writ Of execution issued out Of the Dis
trict Court upon a judgement duly rend-
cred. At the trial it appeared that the
writ OF execution under which the seizure
was made was not sealed with the seal of
tho District Court as required by statute,
but on the contrary the same was under
the seal Of the Probate court The latter
seal was Inadvertently affixed to the writ.
but in all other respects it was perfect
instrument and regular upon its face. Un-
til the trial Of the case Mr.. Durtnal sup
posed that all his papers were correct and
faith as an Office.
The question Of law presented by this
state Of facts is this; was the writ absolute
~ void from the beginning, or, on the CONTRA
", was it merely irregular and amendable;
The court held substantially that the err
roneous sealing was fatal to the writ and
that the taking coul5 not be justified by
the writ and so charged the jury. The
Jury under this instruction found a verdict
In favor of Plaintiff for s436.17. No other
point being made by the plaintiff. mo-
ton for new trial was made on behalf o
Durtinal on the ground Of accident and
surprise, and upon the ground that the
verdict was contrary to law and evidence.
The order granting new trial is in ac-
cordancelwith the position taken by Mesrs.
Baldwin & Wallin who were Durtnal's
Counsel.
Mr.. B. Flynn brought bouquet ofapple
blossoms fresh from tree in his garden.
1t bore small crop of apples this year, as
it has done regularly for four years, and is
now in blossom the second time this year.
Why Nor.-We can see no reason why
D. B. DeLand &Co.'s Best Chemical Saler-
atus should not be used in all cases, as it
has no superior. and is always alike.
NOTICE OF ANNUAL SCHOOL MEET
ING.
Notice is hereby given to the qualified
electors Of Independent School District No.
l. County Of Redwood State of Minnesota,
that the annual meeting of said district, for
the election of two members OF the Board.
| in place of A. Dolvin and VIM. B Herriott
whose terms of Office have expired, and
for the transaction of other business, wi!
lie held at the School House in said Dis
trict on the first Saturday, being the 7th
day Of October A. D. 1876, at o'clock P
NJ.
Dated this 25th day of September, 1876
S. J. F. RUTER,
Dist Clerk
Board of County Commissioners.
AUDITORS OFFICE,
Sept'r. Goth 1876.
Board met pursuant to adjournment,
all members present. Petition re-
ceived from l.. Dedal and others, ask
ing that a County Road be located
from the Village Of Walnut Grove to
the Village Of of Redwood Falls. On
motion voted that the County Survey
or and J.. Bedal be appointed Com
mittee to view and report upon said
proposed road.
Petition received from F. V. Hotch-
kiss and others asking the Board to
make and sign the Bonds voted as
bonus, in aid of the Minnesota Valley
K. R. Action taken on said petition
as follows: Moved that D. y. King
J. NJ. Little and NJ. Keller, (the three
Commissioners from the north part Of
the County, be appointed committee
to confer with the r. r. 20. with the
views Of making contract with said
company to build the Railroad as pro
posed, into Redwood Falls, and to take
such other action as the Committee
may deem necessary-carried-D. O.
King, J. NJ. Little and NJ. Keller vot-
ing in favor of, and G. Porter and L..
Bedal in opposition.
i Bids for burning strips of Prairie
grass as indicated in published
notices were awarded as follows
to the following parties, and for
the sumo set opposite their names.
| L. Bedal from N. W. corner T. 112
R. 80 to S. W. corner T. 100 R 80,
from s. W. corner T. 100 R. 80 to the
IS. e. corner T. 100 Range sc also
strips through the County east to west,
Stated 10 notices inviting bids,) $500.
Hiram Small, strip through the
County centrally from North 70 South,
81 so, and from the $. E. corner T.
100 R 36 to s. L corner T. 10 R.
81, $40.
John Martin from N. W. corner T.
112, Range 38 to the N. W. corner Of
the County, 500.
| Action was had as follows on COM
muuicationIfrom G. B. Wright in ref
erence to settlement of delinquent
taxes. On motion voted that the
Chairman of the Board, the Co. Atty,
aud Auditor be appointed a committee
to settle said taxes.
On motion the following bills we're
allowed.
L. F. Russell, Conveying Elec-
ton Returns, s l.60
D. L. Bigham, Expressage ESQ
G. Porter, Official services, 500
j. NJ Little, " " 400