Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-12

gen. stat, 1878, an attaching judgment
creditor being placed on the same footing as
purchaser, prior unrecorded assignment or
transfer by the obligor of his interest in the
bond, or the land therein described, will be
void as against judgment duly docketed in
the county where the land is situate, the judg-
meHt creditor having no notice OF such unre-
corded assignment or transfer at the time of
docketing his judgment.
Order denying new trial affirmed.
MITCHELL, j.
James W. Walton. resp ondent, VS.. Charles c.
Perkins, appella MT.
Syllabus-A complaint which is clearly one
to remove a specified cloud upon title to real
estate cannot, If 1T fail to show that the in
strument under which defendant claims Is ia
valid, be sustained against q demurrer on
the ground that the facts stated
show that plaintiff might have
brought an action under sec. and 8, oh.
rs, gen. stat. 1878, to determine ad-
verse claims upon real estate, nor unless it
show that defandant's claim is made in
bad faith, can it be sustained as a complaint
for SANDER of title.
Order reversed. GILFILLAN, @. j.
Peter Anderson, respondent, VS.. John A.
Hanson, appellant.
Syllabus-An action pending before a JUS
tice of the peace at the retirement from the
office is not transferred by operation of law
to his successor so as to invest the latter with
jurisdiction therein.
Jurisdiction of the person may be conferred
| by consent, although no summons has been
| issued to bring the defendant before the court.
| An action having been commenced in justice
l court by summons, and the Justices term of
l Office expiring before the return day, the par
| ties appeared on the returning day before the
successor of the former justice, and made
complaint and answer, the lat
ter unverifed) as in civil action;
defendant moved an adjournment, which was
granted. On the adjourned day the parties
again appeared, and plaintiff expressly waived
verifcation OF the answer, after which, for
| the first time, defendant objected to the juris-
dictlon of the justice
Held, That he had already conferred juris
diction by consent, and the objection was too
late Overriding Rahilly vs.. Lane ct al, Is
MINI. AS. It was error in the latter action
to tax costs incurred in the action before the
former justice.
Judgment in this case modified to correct
such error. G DICKINSON, j.
First National Bank of Rock Island, Illinois,
respondent, vs.. Thomas b. Leyhed, appel
liant.
syllabus-In an action by a corporation, a
denial in the answer Of knowledge CT informa-
ton sufficient to form belief as to whether
plaintiff is a corporation, will not impose
upon plaintiff the necessity of proving on the
trial its corporate existence. Gen. st. 1878,
Oh. 66, sections 112 and ia.
It is competent for an agent to sign simply
the name of the principal. The fact that it
was placed there by an agent need not appear
on the paper. rE34afI d1
Gen. Stat. 1878, Oh. 70, sec. 50, which pro-
vides that in actions brought on promissOry
notes or bills of exchequer by the endorser,
the possession of the note or bill shall be
prlma, facie evidence that the same was en-
dOrsed by the person by whom 1t pnrpOrts 10
have been endorsed, applies to endorsements
purporting to be made by corporations as
well as to those purportlng to be made by
natural persons.
When negotiable promlssory note is dis
counted by bank, through its cashier, the
same fact that such cashier was stakeholder
and endorser OF the note, will
not charge the bank with notice of
any equities against the paper. 1t afirma-
lively appearing that the cashier had no duties
to perform in reference to the note, either as
stakeholder or director of the payee. and had
no actual notice of any equities against the
note. -- .4- s-.-ls-tA
Order denying a new trial affirmed.
MITCHELL, j.
Horace P. Rugg, appellant, VS.. Martin Hoo
yer, Eber b. Bly,, s. Chase and Samuel W.
Richie, respondents.
Syllabus-A mechanics lien being the
creature of the statute, can only exist by vir-
tue of compliance with its provisions.
The verified statement of account filed in
the office of the register of deeds as basis
for mechanics lien in this case examined,
and held to be too loose, indefinite and ambig-
uous, as respects the ownership of the
property on which the lien was
sought to be imposed, to satisfy the require
ments of the statute. Order affirmed.
E 80 CLARK, j.
Estes A. King, respondent, vs.. James G. Frost
appellant
Syllabus-Action for the wrongful CONVEX
sion. of the prescribed property of plaintiff.
Defendant denies plaintiffs title, alleges title
in 81. and justifes the taking as sheriff, under
process against the property of II. Plaintiff
having introduced evidence tending to show
that be owned the property and loaned it TO
II. for temporary use, the defendant offered TO
in evidence in his own favor, the
statements Of 81. while in possession of the
made to third parties, and not in
presence of plaintiff, to the effect that he, H.,
was the owner.
I Held, That such declarations of Fl. were
mere hearsay evidence, and not admissible
against plaintiff
Order denying new trial affirmed.
s MITCHELL, J.
Gas Fixtures, Portables, Shades at Kenney&
Yudner'a