Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1878-04-05
the knights of Pythias, of which organisation
he was an honored member while awaiting in
structions as to their final disposition from his
parents, residents of Manlius, New York.
THE COURTS.
S,.1,ren,e Court.

The supreme court Of the State sat yesterday
was calendar No. Sc. Mrs. Mary 7. Dayton, ap-
pellant, VS.. Mrs. NJ. A. Gates, respondent.
Both appellant and respondent had, through
their counsel, given notice of motion, the for
mer to dismiss without COSTS and the latter to
ground that the rule had not been complied
with as to the furnishing of the books, and
serving of copies of points and authorities.
Mr.. Il. c. Dayton, of this city, appeared Tor
the appellant; and Mr.. Bell, of the firm OF
Palmer d Bell for the respondent.
In bringing forward his motion to DISMISS
without costs Mr.. Dayton stated that, un-
der the provisions of certain sections of chapter
LXXXVI. statutes of Minnesota he was con-
vinced the appeal must be dismissed. On the
question of costs he argued that, on account of
technical Irregularities in the notice of trial the
case had been wrongfully placed on the ca,en-
dar, and should therefore be considered as
never having been before the court. The court
denied the motion.
| Dir Bell then brought forward his motion on
| behalf of the respondent, to affirm the decision
of the court below, and made the usual state
ment of facts supported by affidavit Mr.. L.
c. DAYTON replied, and the court having taker
| the matter under advisement, granted the mo-
ton.
No. 5. William A. Bentley, respondent. VS.
The Board of County Commissioners of Chisa
go, appellant, was the next case taken unde
consideration. The cause of action arose ou
of the employment of DR.. W. A. Bentley OF
two several occasions by Messrs. E. ID. Wilco1
and s. B. Clark, county commissioners of tn
county of Chisago, to visit two poor patient
in the county. In the district court, a verde
had been entered for the plaintiff, for the sun
of $Z6O.18, and against the award the defend
ants appealed.
Mr.. il. U. Setter, of Taylors Falls, argued
and submitted the case on behalf OF the appel
lants. The chief points in his argument hat
already been raised in the court below. H
held that, there being at the time of tn
employment Of DR.. Bently another medica
man regularly appointed physician to tn
poor his acting in that capacity was contrar
to the spirit of the statute, and consequent
he had no claim against the board for paymen
Of his services. The counsel also urged tina
no Individual member of corporation ha
power to bind the corporation to any matte
not expressly conferred upon him by statute
He also discussed the point made by respond
ent, that the poor are placed by statute i
charge of the commissioners, arguing that thi
refers to them collectively and not individual
ly. The court took the matter under advise
ment
In the next case No. 80, the State ex rel. l
M. Brown VS.. J. l.. Mcdonald. MIR. Master
son on the part of the relator, moved to vacat
payment for costs, and stay execution. NJ
Lamprey replied for respondent. and the M
ton was taken under advisement.
There being no further business the cou
adjourned until to-day at 10 o'clock A. NJ
The only case set for hearing to-day is N
Is. George R. Robinson, respondent, vs.,
s. Johnson j. Co., appellants.