Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-05
SUPREME COURT.

Points of Law and Fact, Including q City
of st. Paul II eassessment Case.
Opinions were filed in this court Yesterday,
the syllabus in which are given below:
The State of Minnesota, plaintiff, VS.. j. M.
Wheeler, defendant.
The charter of the village of Winnebago City
Eexenpts the village from the operation of the
general law of the State regulating the sale of
intoxicating liquors, and places the whole mat
ter under the exclusive control of the common
council of the village. No Indictment under
the general laws will lie for selling such liquor
within the village.
Order reversed. GILFILLAN, @. j.
The City of st. Paul, respondent, VS.. lots 6, Z,
g. 10, II, IL. 49, IA, Is and 16, block 2,
Harrington u Kinney's Addition to the City
of st. Paul, and lots and 9, block 4, r.
vines Addition to the City of ST. Paul, in
the matter of reassessment for construct
ing lateral sewer on Summit avenue
from st. Peter street to sewer on Rice street,
in Third ward; City of st. Paul, relator.
The common council of the city of st. Paul
have authority under the charter to order a re-
assessment for local improvement, when
judgment on the original assessment is denied,
or such assessment declared void by reason of
the contract for doing the work having been
illegally let. The constitution, section l, ar
ticle 8, does not exclude from assessments for
local Improvements other items than the mere
contract cost of doing the work, such as the
cost of advertising, engineering, etc.. if such
items are a necessary expense Incurred on ac-
count of improvement.
Judgment affirmed. GILFILLAN, G. J.
Joseph Hurt, respondent, VS. Thomas McGov-
ern, appellant.
Application of the rule that new trial will
| not be granted on account of the erroneous ad
! mission of evidence, if it be manifest that il
did not prejudice the party objecting. Evil
dence held sufficient to sustain a verdict.
Order affirmed. GILFILLAN, G. J.
The State of Minnesota, ex rel. Isaac Berfeld
relator, VS.. the Board of County Commits
sioners of Mcleod County, respondent:
Chapter 24S special laws of 1879, appointed
| commissioners to survey, locate and establish
| State road in the counties of Wright, Mcleod
| and Sibley. They were required within
specified time, to meet and make oath tina;
they will faithfully and impartially discharge
their duties as provided by this act, and fairly
and impartially assess the damages, if any
they find, to be sustained by owners of lane
| through (which such road may rum" and ther
proceed to discharge their duties.
They were directed, among other things, t.
apportion the expense among the several coun
| ties, and file statement thereof in each coun
| ty, and the county commissioners of eacl
| county were directed to issue the county or
ders for the expenses apportioned to it, and TO
| the damages assessed to land lying within tn,
county. The oath the commissioners took wa
tI,,% Co. G,-Ilx l.
| establish such State road according to the pro
visions of said act, and according to the best
| of our abilities"
| Held, That the commissioners had no author
ity to act until they took the oath. That tn
oath taken was not such as the act required
and the action of the commissioners was void
that mandamus will not lie to compel paymen
OF the expenses and compensation of the com
missioners until they are allowed by the count
commissioners, or fixed by judgement.
| Writ quashed. GMFLLAN, @. J..
Ernest Albrecht, Augustus Holterhoff ant
Obed R. Lanpher, respondents, VS.. Seth W
Long, Jas.C Trowbridge and Dennis Sheehan
appellants.
| An arrangement between sheriff and hi
deputy that the latter shall not serve process
issuing from the district court, but that tn
| same shall be served only by the sheriff per
sonally is of no effect so for as the public ar.
/ concerned.
| Several executions against the same defend
| antstwere placed In the hands of the sheriff
| personally. Subsequently another execution il
| faver of other creditors, but against the SAM
defendants, was placed in the hands of his depu
| ty, who levied it before the other execution
were levied.
| Held, That false representations by the at
torney for the plaintiffs in the execution de
ivered to the deputy made to him to induce
| him, and by which he was induced to receive
the execution and levy it at once, do not of
| themselves alone tend to make out fraud
that will defeat the right gained by the prior
| levy of that execution.
Judgement affirmed. GILFILLAN, @. j.
James M. Williams, appellant, vs.. the Mime
apolis & st. Louis railroad company, gar
| nshee of Charles B. Russell, defendant
and j. l.. Pomeroy, intervenor, respond
| ent.
When in garnishee proceedings claimant
appears and is treated by the court and parties
as party TO the end of the proceedings, it il
| then too late to object that no formal ordel
making him party, was entered. To deny {
motion for Judgment in garnishee proceeding
| made by the plaintiff before the disclosure i.
closed, is not error.
! 1t in such proceedings debt disclosed ha.
been in fact assigned by the defendant to
| third party before service, if the garnishee sum
| mons and that fact appears, it cannot be ap
propriated to payment of the plaintiffs debt
| even though the garnishee defendant have NJ
! notice of the assignment.
Order affirmed. GILFIILAN, @. J.