Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-01-13
SUPREME COURT.

SUPREME COURT.
Decisions In Cases Argued at the October
Term.
The Minneapolis 4 St. Louis Railroad COM
pany, appellant, VS.. Eugene III. Wilson, re-
spondent. Syllabus: When the owner of land
same, he continues to be legal owner of same
as long rs any part of the purchase money con-
dltloned in the bond remains unpaid, and his
interest therein, which is the fee subject to the
equitable right of the obligee, is bound by the
lien of q judgment duly dOcketed against him
in the county where the land is situate.
The order sustaining the defendants demur-
er to the complaint is sustained. BERRY, j.
Albert Armstrong, appellant, Va. the Board
OF county Commissioners of the county of
Ramsey, respondent. Syllabus As respects
me compensation to which the clerk Of the
district court of Ramsey county is entitled for
official service, oh. POT, sp. laws 1876 is clearly
repugnant to Oh. 1877, sp. laws 1879. Pro tant0,
therefore CHI. 207 works repeal of CHI. 1877 by
implication. The former chapter takes the
place OF the latter in furnishing the exclusive
that he shall be paid not by salary, but by
specific fees and per diem. It follows that for
services performed by him as such clerk in
1871 in certain 'tax-judgment cases., he is en-
titled to no compensation other than such as is
afforded by the allowance of per diem for at
| tendance in court. Order denying new trial
affirmed. BERRy T.
Mary l.. Hail. executrix, etc., ct al, appel
lants, vs.. j. Page Mumford, respondent. Syl-
labus: Where probate court in case OF
which it has jurisdiction issues to an executor
letters tcstamentary reciting therein that said
executor has complied with the provisions Of
the statute in such case made and provided,
the letters are, in fact and FORM an order of
appointment of such executor, and unless ap-
pealed from such order is a conclusive adiudi-
cation that the executor is entitled to letters
testamentary, and that the issuance thereof to
him is proper, notwithstanding the fact that the
executors bond is not such as is required by
statute, and is therefore insufficient.
The order of the district court refusing
new trial is accordingly reversed, and such
| court directed to enter an order affirming the
oroer OF the probate court. BERRY, J.
State of Minnesota respondent, VS.. John
Schmail, appellant. Syllabus: In a criminal
prosecution before a Justice of the peace for
| unlawfully disposing of Intoxicating liquor
without License, the complaint and warrant
| must allege the name of the person to whom
the unlawful disposition is made, or, if his
| name be unknown, description of him. The
Judgment Is reversed. BERRY, J.
In the matter of the appeal in the estate of
russell Post, deceased, Laura T. BurneIl, ap-
peliant, vs.. Louisa Post ct al, respondents.
| Syllabus: When commissioners are appointed
to receive, examine and Just all claims against
| testator s estate, and proceed duly and regu.
iarly, an executor who pays, out Of funds not
| belonging to the estate, claims which are valid
ag INST the same, and which are properly allow
| able by the commissioners, but which have
! never been presented to them or allowed by
| them. is not entitled to have such payments
| allowed to her on the settlement of her account
as eXecutrix.
Judgment of the district court affirmed
BERRY, j.
Peter Yost, respondent, vs.. The Board of
County Commissioners of the County of Scott,
| appellant. Syllabus "A county treasurer re.
CURED under chapter 81, laws 1877, by board
OF county commissioners to visit pertain To-
calities in the county for the collection of
taxes, ls not entitled to an allowance from the
county for money laid out by him for board
| or travelling expenses OF for clerk hire necessa-
rily employed by him in complying with such
requirement. The order everything the appel
| lant's dem ure1 is reversed.
John W. McClung, respondent VS.. Albert
&. Manson ct al, appellants Syllabus: No
| appeal lies to the municipal court of the city
| OF st. Paul from the justices of the peace Of
the city elected under section TO- chapter 2ll,
special laws 1876.
Judgment of the municipal court reversed.
| BERRY, j.
| Charles German, appellant, VS.. Timothy J..
Sheehan, respondent. Syllabus: An issue
| raised by an answer that the plaintiff was an
infant at the commencement of the action. -
and special finding that the plaintiff was
not twenty-one years Of age when the action
was commenced'' are both immaterial.
l Judgment affirmed. BERRY T.
Giltillan, @. j., took no part in this case.
Timothy Ryan, appellant VS.. N. F. W.
hranz, ct al, respondents. Syllabus: In this
| case the court below finds az conclusions of
law ''that the plaintiff is not entitled to re-
cover, and that the defendant is entitled to
jud gment against the plaintiff for costs and
disbursements" adding the words, '.Let iudg-
ment be entered accordingly" Held, that
these words are not an order involving the
| merits or any part thereof, but mere direc-
ton that on act be done which does involve the
merits, to-wit: that judgment be entered.
Such direction is not appealable Appeal dis
| missed. RERRy T
The City of st. Paul, respondent, VS.. G. v.
Smith. appellant: Syllabus: Ordinance No.
81 Of the city Of st. Paul. entitled, Slaughter
visions and 33, sub. Oh. 8 Of the city charter
(sh. !, sp. L. 1879, but it does not cover the
case of the killing and dressing of single ami
NAL. Judgment of the municipal court is ac-
cordingly reversed. BERRY. J.
State Of Minnesota ex rel, The Minnesota
Midland Railway Company, relator, VS.. The
Town of West Albany, respondent. Syllabus:
This case presents the same questions decided
| in State ex rel, Midland Railway 90. and the
town of Highland, and must follow the result
in that case. The writ of mandamns is quashed.
BERRY, J.
State of Minnesota, ex rel, The Minnesota
Midland Railway Company, relator, vs. The
Town OF Highland, respondent. Syllabus: To
De OF any effect to bond a town to issue bonds
to aid in the construction of a railroad under
chapter 1O6 laws 1877, the agreement to issue
bonds provided for in section 9 of said chanter
must be arrived at and perfected before the
construction of the road or piece of road. the
construction of which such agreement is de-
signed to aid. Motion to quash writ granted.
BERRY, j.
State of Minnesota, ex rel, Robert M. Addi.
son, relator, VS. James w. Williams ct al. re-
spondents. Syllabus: At the general election.
in November, 1876, w. was elected treasurer Of
Lyon county, for term regularly expiring in
March, 1878. He qualified, entered upon the
duties of his Office, and still continues to dis
charge said duties, and is in possession of the
records and other property appertaining there
to. At the general election, in November.
1877, W. was duly elected member Of the
house of representatives of this State, and
on January 8, 1878, he entered upon the duties
OF such membership. and continued to discharge
the same. On Jan. ~, 1878, the
board of commissioners of said county
determined that by reason of WIS election to
the office of representative his acceptance
thereof and entrance upon its duties, a vacancy
had been effected in the Office Of county treas
uIer, under the first clause of sections 8 and
of our constitution, and they therefore an
pointed A. to fill the same. A certificate of his