Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-03
State Supreme Court.

Decisions, of which the syllabi are given be-
low, were filed yesterday.
James l.. Fisk and Libbie l.. Fisk, his wife,
appellants, VS.. Jacob b. Stewart, respon-
dent.
If without cause to prevent right of re-
demption, after it has occurred, is not asserted
by action brought for more than ten years, as
against known adverse claim of title, it be-
comes barred by lapse of time. Order appeal
ed from affirmed. CORNELL, j.
Edgar 81. Bass VS.. the city of Shskopee. Opin-
ion.
The matters set forth as grounds for an or
der to stay proceedings on the part of the de-
PENDANT pending the appeal in the cause. are
not in any way involved in the action not in
cluded within the I'M JUNCTION. Whether the re-
newal of proceedings to condemn the land in
question be regular or not cannot be tried in
this motion. JAMES GILFnL4AN, @. J.
William Wakefield, appellant, vs.. George W.
Chowan and Charles E. Bryant, partners as
Chowan & Bryant, respondents.
agreement to make and furnish correct
record abstract of title to certain lands from
and after specified date creates no obligation
to vote upon the abstract an unsatisfed judy
ment against one of the grantees Of the title
which only appears of record prior to that date,
though the same becomes lien upon the prem
Uses after that time.
Order affirmed. CORNELL, j.
o. G. Merriman, James 8. Lane and Leonidas
M. Lane partners as o. G. Norman Co.,
appellants, VS.. Eli B. Amos and b. G. New
comb, administrators with the will annexed
of the estate of Levi Butler, deceased, re-
spondents.
If, upon giving to the plaintiff the benefit OF
every reasonable inference from the evidence,
there is still total want of proof upon q ma
terial averment in his complaint, denied in the
| answer, it is the duty of the court to dismiss
the action.
It is not error in such q case of which the
defendant can complain, for the court to refuse
motion to dismiss at the close of plain
tiff's testimony, and then to grant it aftel
the evidence is all in; and this ia go whether
the trial is with or without q jury. ruling
of the court upon request to recall witness
for denomination upon matter already testi
fed to by him, is not a subject for review
when no abuse of discretion is shown.
Order denying new trial affirmed.
The State of Minnesota, respondent, vs. Justut
B. B III, appellant.
A county being named in the caption of 9
complaint, an allegation therein that the Of
tense charged was committed ut ETC., in saio
county, suInclcntIy States tne COUNTY WueIeil
it was committed.
An averment that defendant did willfully
and unlawfully assault complainant with a re
voiver," imparts an Intentional attempt by VIC
lence to do him bodily injury, and is sufi
cient to sustain a conviction for q simple as
sault especially after trial upon the meritl
without any objection.
Judgment affirmed. CORNELL, j.
Ira W. Topper, respondent, VS.. N. r. Thomp
son, appellant.
volunteer transfer Of personal property by
an insolvent debtor. by gift or upon the con
| sideration of personal future supp. OF the
debtor, is ina facie evidence of a .-ndulent
| intent, ana sOid as against creditors, and any
,cn judgment creditor may treat the attempt
ii transfer as a nullity and subject the pro-
erty to seizure and sale on an execution ir NJ
favor the sane as though no transfer had beer
mace
Upr,n simple issue of ownership averred il
| the complaint and denied in the answer (nt
source of title being indicated in the former
between plaintiff. who claims title to the prop
erty on the trial, only under such trans
| fer, and defendant shown to be in possession
as sheriff, under q valid execution against tn
| insolvent debtor in favor of q creditor, it Ii
competent for the defendant to prove any
facts tending to impeach the validity of thu
| transfer as against such creditor.
Order denying new trial reversed.
| CORNELL. j,