St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-05-09


were present, and the following business
was transacted:
Knute N. Melby, respondent, VS.. D. M.
Osborne q Co., appellant; argued and sub
mitted.
Adjourned to $50 a. H., Monday.
OPINIONS.
Z. Aultman d Co., a corporation, appel
liant, VS.. Charles Kennedy, respondent.
Syllabus WheI personal property has
been sold and delivered with verbal war
ranty, written and different warranty
gratuitously delivered by the vender to the
yendee after the contract of sale has been
fully executed, is mere nudum pactlm and
will not supersede the verbal warranty.
A party who is fully aware of an objec-
ton to the competency Of evidence must
make his objection known when the evil
dence is offered. 1t is not enough to make the
objection when the ground of it afterward
appears to the court in the progress of the
trial The party should make it known as
soon as it is known to himself.
Judgment affirmed. MITCHELL, J.
Berry, j., absent, took no part.
The State of Minnesota ex rel. WI. Hahn,
attorney general, and John D. Wilcox,
relatOr, VS.. Mrs. Ella Gorton, respondent
Syllabus-The Office of county superin-
tendent of schools is san Office pertaining
solely to the management of schools within
the meaning of act VII, section s, of the
constitution of the state.
Section referred to takes the matter of
allowing women to vote for or hold school
offices out from under the provisions of the
preceding sections of article Z, and leaves it
o1,fir wit in no of fho 10
ture. subject. only to the restrictions con-
tanned in section itself. Under this sec
ton the legislature has authority to make
women eligible to a school Office without
giving them the right to vote at all election
for such officer.
Under general statutes 1878, chapter 36,
section Is, women are eligible to the Office
of county superintendent Of schools. Writ
dismissed MITCHELL, j.
Berry, j., absent and took no part in the
ecision.
Catherine Wagner, respondent, VS.. Charles
A. Nagel, appellant.
Syllabus-Findings of the trial court,
consisting Of statements of mere evidence
and containing no findings of the issuable
facts in the case, are not sufficient to sus-
tain a Judgment.
of the evidence into the findings criticised
The question of granting or refusing a mo-
ton made on the trial to compel the plain
tiff to elect between an allegation of an
agreed price and an allegation of a reason
able value of services is within the sound
discretion of the trial court. The amount
in controversy in an action depends on the
amount claimed. If this does not exceed
the jurisdiction of the court, the fact that
the complaint states cause of action for a
greater amount does not GUST it OF jurisdic-
ton.
Evidence that wife living with her
husband employed servant for ordinary
domestic service in their family is compe-
tent evidence against the husband without
showing any express authority from her
husband to make the contract. This is
without the presumed authority of the
wife.
Judgment reversed and new trial Or
dered. MITCHELL, j.
Berry, J., absent, took no part.
William P. Sergeant and Robert G. Van
Vechten, respondents, VS.. john RuDle
and Jerome P. Green, defendants; Helen
Moore i1ltervenors by jerome z. Green
their guardian ad Item, appellants.
upon real estate upon which there was
prior mortgage to third party. Plant
ifs for value assigned their mortgage
to defendants, and at the same time execu-
ted to them a mortgage Oh other land, the
condition of which is construed to be to in
demnify defendants against loss on the
mortgage thus assigned by reason OF the
prior mortgage on the same premises.
Defendants subsequently transferred the
assigned mortgage to one Duff, who fore
closed and at the sale bid in the premises
for the full amount due on the mortgage.
The prior mortgage on the same premises
has never been paid, but is still subsisting
lien.
Held, that defendants, or their assignee,
having received full payment and satlSfac-
ton of their mortgage debt by sale OF the
mortgaged premises, the conditions OF the
indemnity mortgage have been fulfilled and
plaintiffs are entitled to have it discharged
Judgment affirmed. MITCHELL, j.
Berry, j., absent and took no part in the
decision.
Albert NJ. Scott, appellant, VS.. Sampson
A. Reed and Celia A. EelS and AbbIe e.
Reed, respondents.
Syllabus-If one procure conveyance
Of property, knowing at the time that the
title is in another under an unrecOrded
deed from the same party, it is a
fraud in him to take advantage OF the want
of registration to defeat the unrecorded title.
And if he subsequently convey the prop
erty OF cause it to be conveyed to an lnn0-
cent purchaser for value whose conveyance
is protected by registration, he will be liza
BILE in damages for the value OF the prop
erty to the grantee in the unrecorded deed
OF his successors in interests.
Judgment reversed and new trial OF
dered MITCHELL, j.
Berry, j., absent.
James A. Walton, respondent. VS.. charles
G. Perkins, appellant.
Syllabus-In an action under general
statutes 1875, chapter rs, section 2, any
interest or estate in or lien upon land
claimed adversely to the plaintiff may be
determined whether claimed under the
same or a different and independent source
from that under which the plaintiff claims.
Judgment affirmed. MITCHELL, y.
Berry absent
In the matter of the accusation and infOr-
nation against J. A. Temple, an attorney
at-law, for wilful misconduct in his pro-
fession, VS.. such attorney.
SyllaDuS-A note having Deen pldceu III
the hands of an attorney-at-laW for collec-
ton, he agreed with the maker that if she
would furnish board to his law partner he
would indorse and apply the amount III
payment of the note.
The maker of the note, believing that
the attorney had authority to accept pay
ment in this way, furnished the board, the
amount of which the attorney Endorsed on
the note. The attorney had no authority to
do so and his acts were repudiated by his