Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-04-09
THE COURTS.
Supreme Court.

supreme Court.
The court met at IL o'clock H. yesterday, all
the judges being present.
An order was filed by the court in the fol-
lowing cases:
No. 70. Geo. r. Robinson, respondent, VS..
+. L. johnson & Co., appellants.
No. q. Christopher Diesting, administrator
OF the estate of Herman Diesting, respondent,
VS. T. Schaler ct al, appellants.
The order which applied equally to each case
was as follows:
after due deliberation had. the court con-
siders that in strict practice the notice of APP
peal is irregular, enjoining two appeals, to wit:
an appeal from the Judgment and an appeal
from the subsequent order, when there ought
to have been separate notice fer each appeal.
But the notice is not on that account nullity.
The3bond. however, is not sufficient to cover
both appeals, nor does it show to which it ap-
plies. 1t is therefore ordered that the appeals
be severed SO as to stand as two appeals, to
wit: one from the judgment and one from the
order, and that within five days after the entry
of this order the appellant file with the clerk of
this court two bonds in the form and amount
one for each Of raid appeals, and upon his fail
ure to file said bond as to either Of said appeals
the appeal as to which he shall SO fail be dis
missed"
The first case was No. %, Edward H. Hol-
brook, Jr., respondent, VS.. The st. Paul Fire
and Marine Insurance Company, OF st: Paul,
appellants. BIZ. G. T.. Flandrau, Of tho firm of
Bigelow, Flandrau-& Clark, was counsel for the
appellants and Mr.. Chas. P. Biddle, of Mime
apolis, appeared for the respondent.
The action arose out of a policy of insurance
made by certain parties calling themselves the
Minnesota Land Co., with the appellants in
favor of the respondent.
For the appellants Mr. Flandrau agreed that
the Minnesota Land Company, hav-
ing been incorporated in Holland,
could not exercise corporate rights
i'll this State although their incorporation was
perfectly valid under the laws of the Neither
lands. Against the theory that they dealt with
appellants corporation, he urged that they
had no color Of right to the designation, and a
corporation cannot be created by estoppel.
Mr.. Flandrau next considered the question
of the Insurance Co., having dealt with the
Land Co. as being in partnership, and stated it
as his opinion that they must stand or fall by
their actual organizations, which was not one
of partnership.
Several other points were made by counsel
for the appellants, with regard to misrepresen-
tation and the fact that the live stock had not
been destroyed in the building, accurately laid
down in the policy, and in concluding he re-
piled to the cases quoted by respondent, ar
guing that single one of them was a case in
point.
Mr.: Biddle in arguing the case for the re-
spondent claimedatha the facts had not been
accurately stated by his opponent, and pro-
ceeded to give his version of the matter. He
considered the case rested on these points, LIST.
was there contract? End, was there an in
surable interest? and 80, was the loss covered
by the Insurance.?
The learned counsel quoted several cases in
support of his argument, and after reply
from Mr.. Flandrau the court took the case
under advisement.
In the next case, No. "a, BARTLETT Presley ct
al, respondents, VS.. Thomas Lowry ct al, APP
pellants, Hon. G. X. Davis, for the appellants,
stated that the appeal was from an order of the
court below, denying new trial, was made
upon the ground of wrongful admission of evil
dence and misdirection of the jury, and also
that the verdict was contrary to law and
against the weight of the evidence. Upon
these points the learned counsel made strong
and emphatic argument.
Mr.. W. d. Warner, of this city, on behalf of
the respondents, replied to the above argu-
ments, and eventually the court took the case
under advisement.
TO BE CALLED TO-DAY.
No. Z. W. T. Stein, respondent, VS.. VIM. A.
Passmore ct al, appellants.
No. rs. Thomas Murphy, respondent VS..
George G. Sherman, ct al. appellants.