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

SUPREME COURT.
Decisions in Cases Argued at tho October
Term.
The Minneapolis d St. Louis Railroad com
pany, appellant, VS.. Eugene M. Wilson, re-
spondent. Syllabus: When the owner of land
executes bond for the conveyance of the
| same, he continues to be legal owner of same
as long rs any part of the purchase money con-
ditioned 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 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, vs.. the Board
| Of County Commissioners of the county of
Ramsey, respondent. Syllabus: Az respects
the compensation to which the clerk of the
| district court of Ramsey county is entitled for
official service, ch. 2O7 sp laws 1876, is clearly
repugnant to CHI. 1877, sp. laws 1872. Pro tanto
| therefore CHI. 2O7 works repeal of Oh. 1877 by
| implication. The former chapter takes the
place of the latter in furnishing the exclusive
| rule OF the clerks compensation and providing
| that ne shall be paid not by salary, but by
specific fees and per diem. 1t follows that for
/
1877 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 J. T.
Mary L. Hall, executrix, etc., ct al, appel
lants, vs.. J. Page Mumford. respondent. Syl-
labus: Where probate court in a case OF
which it has jurisdiction issues to an executor
letters testamentary 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 APP
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 accordinglYs reversed, and such
court directed to enter an order affirming the
| order Of the probate court. BERRY, j.
State of Minnesota respondent, VS.. John
Schmail, appellant. Syllabus In 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. Burnell, APP
pellant, VS.. Louisa Post ct al, respondents.
Syllabus: When commissioners are appointed
to receive. examine and adjustall claims against
testator's estate, and proceed duly and regu-
larly, an executor who pays, out of funds not
belonging to the estate, claims which are valid
ag'lnst 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,
quired under chapter 81, laws 1877 by board
Of county commissioners to visit certain To-
calities in the county for the collection of
taxes, is not entitled to an allowance from the
county for money laid out by him for board
or travelling expenses or for clerk hire necessa-
rily employed by him in complying with such
requirement. The order overruling the appel
lant's dem ure1 is reversed.
John W. McClung, respondent, Us. Albert
G. 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 10, chapter 2l1,
| special laws 1876.
Judgment of the municipal court reversed.
BERRY, J.
Charles German, appellant, VS.. Timothy J.
sheehan, respondent. Syllabus: An issue
raised by 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.
Judgment affirmed. BERRY, j.
Gilfllan, G. j., took no part in this case.
Timothy Ryan, appellant. VS.. N. f. W.
kranz, ct al, respondents. Syllabus: In this
| case the court below finds as conclusions of
law shat the plaintiff is not entitled to re-
cover. and that the defendant is entitled to
judgment 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 an act be done which does involve the
merits, to-wit: that Judgment be entered.
Such direction is not appealable. Appeal dis
missed. BERRY J.
The City Of st. Paul, respondent, VS.. G. Y.
Smith, appellant Syllabus: Ordinance No.
81 of the city of st. Paul, entitled, slaughter
and Packing Houses" is authorized by subdi-
visions and 80, sub. oh. of the city charter
(eh. l, sp. l.. 1874, but it does not cover the
case Of the killing and dressing of a 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 Co. 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
be of any effect to bond town to issue bonds
to aid in the construction of railroad under
chapter LOG, laws 1877, the agreement to issue
bonds provided for in section of said chapter,
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.
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. az, 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
urer, under the first clause Of sections 8 and
Of our constitution, and they therefore ap-