Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-25
THE COURTS.
Supreme Court.

An order IN tho case or the WlnOn0 q St.
Peter Railroad company, appellant, vs.. The
st. Paul 4 Sioux City Railroad company, re-
spondent, was made remanding the cause to
the court below to ascertain and report certain
facts to be made part Of the appeal return.
The Northwestern Life insurance company,
respondent. Submitted on briefs.
The examination of candidates for admission
to practice, set for to. day. the 25th, was post
poned to Saturday, Nov. l.
Adjourned to Monday next ut $3.50 clock
A. n.
DECISIONS.
Opinions in the following causes were fled
yesterday:
Lille Goebel, Matilda r. Holmes. Frederick
Mack and Ferdinand Willius ad zitens of Horace
Q. Mack. Cora O. Mack, Hugh Mack ana Jessie
Mack, appellants, vs.. Sherwood Hough and
Charles q. Dixon. copartners as Hough &
Dixon, respondents.
Syllabus-A cause of action in a tenant
against his landlord for wrongfully interfering
with his enjoyment of premises rented, is a
counter claim in an action against him by the
landlord to recover rent for period including
that of such interference.
stipulation in contract of leasing that
| the landlord may enter and make repairs dur
| ing certain months, does not authorize an entry
| to make them at any otherIime
If a landlord docs not make ali agreement
with the tenant, reserve q right to enter and
make repairs, the fact that the repairs are ne
| cessary from the unsafe condition Of the build
ing, does not Justify the landlord in entering
for that purpose.
Rule OF damages in such q case considered.
When the wrong consists in interrupting a
regular and established business, the usual and
ordinary profits incident to the business a
proper element Of damages. Such profits are
ln$ 10 $ko$
excludes profits from consideration as an ele-
ment of damages.
Where it is a mercantile business it is proper,
in order to show it's value. to prove the month
~ sales for a considerable period before and
| after the interruption, and the usual percent
age OF net profits on sales in that trade.
Where business had been carried on about
| two years before the interruption, held, that
| in order to show the business as conducted by
| the party was gaining or losing business, it
was proper to prove the total capital put into
| the business from the interruption, the amount
drawn out, the debts and credits of the business
then outstanding, the value of the stocks then
on hand and the expenses of the business.
Suffciency of evidence to sustain verdict
| considered and evidence held insufficient.
New trial ordered. GnFnLAN, @. J.
Thomas A. Muller, by his guardian, ad zituna
I. N. Safer, respondent, vs.. Elihu Smith, APP
| pellant.
Syllabus-The mortgage Of an infant upon
his personal property for borrowed money
there being no delivery of the mort.
gagged property, is voidable al
his election at any time during his
infancy; and if the property is taken from his
possession under the mortgage without his
consent he may reclaim the same upon disaf
frmance. The contract, without returning o,
Offering to return. the money borrowed, is not
appearing that he has the ability SO to do.
Order denying new trial affirmed.
| -. CoRNE1L j.