St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-05-19
THE COURTS.
District Court.
Before Judge Brill

THE RECORD.
Mary Call VS.. M. O'Brien; verdict SIS for
plaintiff. - 80
State VS.. Jim Seaman, II. Youngman and
J. Ahern; assault with dangerous weapon;
tried and SENTENCED.
State VS.. Paul Black, larceny; tried and
sentenced.
State VS.. John Allen, assault with
dangerous weapon; tried and sentenced.
SPECIAL TERM CALENDAR.
Before Judge Simons
Assessment for grading Winifred street,
etc. submitted and taken under advisement.
Charles Leonard VS.. Charles McGinnis;
stricken from calendar.
Charles Miller VS.. III. r. Laplain; partly
tried and continued till next April term.
Catherine ToetstrOm VS.. John E. Toet-
strom; tried and taken under advisement.
DECISION.
TBy Judge Wilkin.I
Merchants National Bank VS.. Bailey
Manufacturing Company; demurrer over
ruled with leave to defendants to answer.
George Becker VS.. Bailey Manufacturing
Company; memorandum filed; demurrer
sustained with leave to defendant to an
sWer.
Supreme Court
THE RECORD.
At yesterdays session of the supreme
court all the justices were present and the
following business was transacted:
James C. Mckee, respondent, VS.. Daniel
W. Vincent, DanielsG. Peck and Francis
Fl. Cook, appellants; argued and submit
ted.
A. W. Tucker and A. J. Turnkey, part
ners, etc., respondents, VS.. Thomas Vaug-
han, defendant, S. P. Crosby, garnishee,
appellant; argued and submitted.
A. G. Bausman, respondent VS.. P. M.
,WoOdman, appellant; argued and submit
ted.
Adjourned to $50 a. m. to-day.
OPINIONS.
Michael Mcneil, respondent, VS.. Andrew
j. Finnegan, appellant.
Syllabus-A chattel mortgage, although
unrecorded, is effectual as between mortga
gor and mortgage and it is incumbent upon
one who asserts an adverse claim to the
mortgaged property to show that he is such
a purchaser and without notice of the prior
mortgage.
Evidence considered as justifying deter
minatiOn that defendant was not a pur-
chaser without such notice.
The order refusing new trial is affirmed
DICKINSON, j.
Berry, j., took no part in this decision.
John P. Swensgaard, respondent, VS.. John
P. Davis, appellant
Syllabus-The general rule that an ac-
ton for malicious criminal prosecution
cannot be maintained unless the prosecu-
ton has terminated in an acquittal of the
accused, is not applicable where the prose-
cutiOn has terminated under such eircynl-
stances that the accused had no opportunity
to contradict the facts alleged against him
and to secure a determination thereon in
his favor.
The order granting new trial is there
fore affirmed. DICKINSON, j.
Berry, j., took no part in this decision.
Silas Cowell, appellant, VS.. Andrew Arther-
Anderson respondents.
Syllabus-The expressed obligation of
an obligor in a bond (of indemnity may
not be contradicted by proof of an oval
agreement between the parties, eontempor-
aneous with the execution of the bond, that
the ObligOr should not be liable.
Order refusing a new trial reversed as to
the defendant Charles f. Anderson and a
new triad awarded to him. DIcKINsoN,J.
Berry, j., took no part in this decision.
James Jensen mad j.. n Gilfranson, re
spondents,' VS.. Louis p. Crevier and &C.
Bennett, appellants.
SyllabuS-A sheriff made return of the
service of summons upon the defendants.
Upon consideration of atfidavits denying
the fact of service, presented after default,
in support of an application for leave to
defend, the court refused the application.
Held that the refusal was justified. Fraz-
Ter VS.. Williams, Is Mimi, 2Ss, holding
that upon such an application the return of
the sheriff is conclusive upon the defendant
doubted. Alleged errors in the taxation of
costs by the clerk Of the district court will