Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-05-26
THE SUPREME coUar OF DAKOTA.

rake notice Ihnt TINS q correct hS'
port.
The supreme court of Dakota ysster.
day afternoon, having had all the eases
on the calendar under consideration
rendered its decisions and by this aci
closed the May term of the court, She
longest term in the history of the cup
prone court of our territory.
We present herewith a correct report
of the findings of the court, carefully
compared with the books of the clerk
and revised by the chief justice. AS a
report fall Of dangerous errors has been
given to the public, this explanation is
made for the information of lltigants.
In the fifty cases heard the court
rendered decisions as follows:
CRIMINAL CAUSES.
Case number l. The territory of Da-
kota defendant in error, w. Soren
Christensen. plaintiff in error. From
Moody county. Decision of lower court
affirmed. all justices %concurring. Opinion
by TrIpp, @. j. Attorney general for the
territory, Winsor & Sweezy, Of Sioux
Falls, for plaintiff.
Case number 2. The United States OF
America. defendant in error, Va. E. E.
Carpenter. plaintiff in error, was con
tinued, there being no quorum, because
of the fact that Chief Justice Trlpp and
Associate Justice Palmer had bssn OF
counsel in court below. Appeal taken
from second judicial district by Gamble
Bros, who appeared for plaintiff in error.
United States Attorney Garland appear
ed for government.
CIVIL CASES.
Case number 8. G. w. Forbes, respon-
don't, Va. f. Driscoll and M. Foley, APP
psllants. Appealed from Lawrence
county. Continued.
Cane number 4. John f. Williams,
appellant, Va. the st. Paul. Minneapolis
and Manitoba railroad company, res.
pondsnt. Appealed from Grand Forks
county, Continued.
Case number s. Appeal from Lincoln
county. Ben Kennedy, appellant, We
John Falde, I. N. Martin and W. III
Cuppett. Decision of court below re
| ysrsed and new tr ial ordered. Justice.
all concurring. Opinion by Palmer, j..
Case mum Der 6. Robinson, Rsa, &
Co.. ct al, appellants. VS.. the steambos,
Eclipse and w. M. Braithwaite, respon-
dents, and Leighton & Jordan. inter
venors. Appeal from admiralty, 3r6
judicial district. Decision OF court be.
low affirmed All justices concurring.
Opinion by W. E. Church, J.
Case number Z. j. K. Nichols, re-
s%pondent, vs. Fl. A. Bruins, E. Il. Moore
appellants, and B. Howard, Appealed
from Cass county. Held under advise
| ment.
Case number 8. Ida E. Curtis, re-
spondent, VS.. Catherine Dineen, appel
liant. Appealed from Beadle county.
Decision of court below reversed. All
the justices coneurring. Now trial
/ ordered. Opinion by Francis, J..
| Case number 9. Jos. Schild, respond
emit, VS.. L. w. Kellogg, and 81. s. Hyatt
appellants. Appeal taken from
Richland county. Decision oil
court below affirmed. All the Justices
conourring. Opinion by Mcdonnell j.
Case Number 10. Appealed from Min.
nshaha county. Gao. r. Farmer
assignee of F. W. Lightizsrs respondent
vs w. Fl. Cobban. Judgment of cour
below reversed and judgment for ap
pellant ordsrsd. Chief Justice Trip
having bssn of counsel not sitting, W. z
Church aua Francis A. j., dissenting
Opinion by Palmer, j., fled May 25tI
1856.
Case number IL. Kari, responder
VS.. the Chicago and Northwestern rail
way company, appellant. Continued
Appealed from Hughes %ccunt7.
Cass number -. Sol Star and S
Bullock, respondent, VS.. John an,
Mary J.. Mahan, appellants. Appealed
from Lawrence county. Decision o
court below affirmed. All justices con,
curing. Opinion by L. K. Church, j.
Case number Is. John M
Robinson, respondent, ". A. N
Mckinney, W. I. Miller and 9. E. "
Sasse, appellants. Appealed from Law
renee county. Decision of court below
affirmed. ALI the justices concurring
Opinion by Trip, CD.
Case Number IA, Chas. 0. McLair
respondent, VS.. @. B. Kennedy, appel
liant. Appeal taken from Lake county
Decision of court below affirmed. Al
Justices concurring. Opinion by w. T
Church, J.
Case number Is. First national BAN
of P~lankinton, respondent, vs.. J. I
Miracle and e. d. Miracle, appellant
Appealed from Aurora county, Con
tinued.
Case number l6. George r. William
II. S. Williams and r. 3. Williams, ap
pellants. vs.. F. Hefneri and A. Schal
dein, defendants, and G.. Meth, respond
emit. Appealed from Yankton count.
Decision of court below affirmed. A
Justices concurring. Opinion by Frar
cis, J.
Gaze number II. W. r. G~oodfellos
respondent, vs.. insurance company
North America and FL. O'Donnell. Al
neal takan from Grand Fnrks ADMIT