Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-01-14
SUPREME COURT.
Decisions in Cases Argued at the October
Term.

Decisions in Cases Argued at the October
Term.
The State Of Minnesota er rel. The Minnesota
RaalaOay Construction company, relator, o..
me city Of Lake CITY and tosVn Of Lake, in
Wa6ashaW county, Minnesota, respondents.
SYLLABUS.
March 8, 1865 an act was passed entitled, "An act
to authorize the village Of Lake City to aid in the
construction of the st. Paul & Chicag, railway
Upon the facts stated in the opinion held that the
word Village" was inadvertently used in the title as
well as in the body of the act for the word ''town"
ana tnat the statute was not thereby rendered in
operative and void.
prior to day therein specified to create and Issue it's
ponos IN aid Of public enterprise by vote Of its
supervisors to be ratified at econ authorized to
nea at any time prior to said day and which also
after such ratification, and that they shall then be
Issued and disposed Of in such way the party may
thereafter agree upon, does not require the formal
execution and delivery Of such bonds prior to the
day limited for said ratification.
The case OF Warsotf City Of Hastings % Mimi,
1885, followed on this point.
When pursuant to express Legislative authority.
municipality adopts ordinance obga ing it to
issue Its bonds III q definite amount in aid of the
construction of certain line of railroad, bonus
TO the company owning the same and those engaged
III !ts construction, upon compliance with certain
conditions named in the ordinance the performances
OF such conditions by the company, creates valid
ana binding obligation against such municipality to
issue Its bonds in accordance with such ordinances.
State vs. Town of Lime followed and approved on
this point
It is oonstitutionally comatent for the legislature
TO erect OF portion of the territory Of existing
town new municipal corporation without making
a9y s,,d provisions for the debts and liabilities
case the old town remains solely respon-
| sbie for such debts and liabilities, aud no
claim can be enforced against the corporation in
respect thereto, either in favor Of the town or its
creditors.
Such legislation impairsno contracts. rights or oh.
legations, though the taxable OF the town
may be thereby Largely diminished and though such
debts may have been incurred upon the faith of a
statutory pledge that the town would provide suth-
cdent sipkag fund by taxation to pay the same at
maturity it not appearing that its power to do has
| been rendered Intellectual for that purpose.
The writ rerites that the ordinance whose provis-
ions are sought to be enforced against the
duly passed by vote of majority of the supervis-
ors of said town. and ratified by the legal voters
thereof at an election held for that purpose pursuant
to The statute authorizing it. In answer thereto the
respondent alleges hat the st. Paul Chicago Rail-
way company upon the passage OF said ordinance,
and as an additional and further to
the same, and also to induce and influence the voters
of said town to ratify said ordinance, falsely and
frandulenty represented that sal company would
oulld It's engine houses, car and machine shops in
| said town of Lake City, thereby increase the prop
erty Ct said able to taxation and increase the
| population of said town to great extent, which
representations and promises were false and untrue
and only made for the purpose Of our ADJ
Held, That this portion OF the answer or return is
irrelevant and redundant and should be stricken
| out.
1t is also alleged in sal! answer or return as fol-
| lows: THAT before said ordnance SO passed By
said supervisors aforesaid, the St. Paul Chica
go railway company frauduently aud corrupty, aud
for the purpose of inducing the the supervisors OF
SAID town to PASS the same, promised aud agreed tc
AID with the said supervisors that if they would pass
the said ordinance az aforesaid, that IT, the st
Paul 4 Chicago Railway company, would locate the
depot Of said company in said town of Lake City on
the private pro erty OF said supe visors that by
sou OF such location the said property of said
Wis )rs would be greatly enhanced in value that said
supervisors induced and influenced by said fraudu.
lent and corrupt promise and agreement, and by
other and further fraudulent and corrupt considera
tons then paid and promised said supervisors by
said company, passed the said ordinance; and SAID
respondent on its information aud belief alleges tha
the said supervisors would not have passed the
butfr tn said fraudulent and corrupt promises an6
| payments aforesaid"
Held, That the matter contained in this portion Of
the answer or action is not irrelevant redundant
| aud ought not to be stricken out as such.
The assignee of chose in action takes 1t subjec
to all defences legal equitable existing against
in the hands of the assignor at the time the assign
ment.
The right to jury trial in respect to issues Of fac
| III a proceeding by mandamus instituted in THU
court Is not secured or allowed to either party under
the constitution OF the State CORNELL, j.
NoTE-The chief justice took no part in this decis
Ion, having been of counsel.