St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-12-08
William H. Collins, appellant, VS.. Wilson NJ
pro nl-aff OF oil 6nrtS

w lHlau SOiiluS, dpPOi'ho, Vo' "AASSh 49,
Bracket ct al, respondents.
Syllabus-Iti is not necessary that a warrant
of commitment, under which one is confined
in jail to await the action of grand jury, set
forth, as in an Indictment. all of the facts es-
sential to constitute crime. 1t Is enough II
it clearly designateS the otfenSe of which the
prisoner is accused, and shows that upon eX-
animation before the committing justice it
had appeared that such Offense had been COM
mitted, and that there was probable cause to
believe the accused to be guilty thereof. Such
process is a justification to the officer who
executed it. The judgment in favor of the
defendant is affirmed. DICKINSON j..
Eunice E. Farnhaln, respondent, VS.. Sarah
A. Thompson, G. w. Goosman, Mrs. Mary
McCrary, George SchoonOver, Celia Will
Jams, appellants, and others, as intervenOrs.
Syllabus-To make findings of fact and con-
illusions of law. on a trial by the court with
out a jury, part of the record, it is not neces-
sarv to incorporate them in a lease" or bill
of exceptions, though the more correct prac-
tice when it is claimed that the conclusions of
law are not justified by the facts found, is to
move the court below to correct or modify
them, yet the objection to them may be made
on motion for new trial, and, if satisfied
the conclusions arc wrong, the court should
then correct or modify them. Where in a
power of attorney to sell real estate, it ap-
pears that the term Ito SELF is used in the
ordinary sense and the general tenor and
effect of the instrument is to confer a power
to dispose of the real estate, the authority to
execute the proper conveyanceis necessarily
incident, though the term Ito convey is not
used The probate court in assigning the
real property of the decedent upon admins
tration of his estate has authority to deter
mine to whom the estate passed upon the
death of the decedent and to what extent
the share of such person has affected by ad-
ministration, but has no jurisdiction to deter
mine the rights of one claiming through the
acts of an heir or devisee, the real estate to
which such heir or devisee succeeded upon
the death of decedent. In the conveyance of
land to religious corporation the words ''for
the purpose Of erecting church thereon
only following the description of the prop
erty do not of themselves create condition
subsequent. Order affirmed, but court below
| directed to modify its conclusions of law SO
as to order judgment for the defendants.
GILFILLAN, G. J.
vanderburgh justice, took no part in this
decision.
The Northwestern Travelling Men.
The committee appointed by the North
| western Travelling Mems association to Sc
cure transportation to Chicago, where the
annual meeting is to be held Dec. 90, re-
port that they have accepted the courtesies
proffered by the Minnesota & Northwest
ern railway. That company will furnish a
special train, which will leave st.
Paul at $50 p. M, Dec. 26. An adjourned
meeting of the association will be held at 10
o'clock the morning of the Goth in the
chamber of commerce, when passes will be
furnished all members desiring to go.
Messrs. W. c. Corbett. Frank Clark and
W. F. Hachman composed the committee
who perfected the arrangements.