St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-07-08
SUPREME COURT DECISIONS.
4 big Grist of Decisions Filed Ey the
Supreme Court.

Supreme Court.
Quite a griSt of decisions were filed by
judges Gillian and Mitchell of the supreme
court yesterday. In the case of Daniel Schu-
man and Andreas LELAND, respondents VS.
Peter NJ. Mash, appellant, order Hennepin
county, the order refusing a new trial was
affirmed. Held That the court below i'm
properly struck out matter from a proposed
case, is no ground of motion for a new trial.
The court vii! not review j refusal
aud allow an amendment to a
pleading unless the records show
what the proposed amendment was. Order
! discharged in The State OF MINNESOTA ex rel.
Dispenbrock, relator, VS.. Philander Gates, re-
spondent. This was an order to show cause
why proceedings by quo warranto should not
be instituted tn determine whether the relator
or the respondent was elected 10 the office OF
alderman in the city of Red Wing April 20,
1886. Held, that a provision ia CITY charter
that the city council shall be the Judges of
the election and qualification Of its own
members, without anything else to
Indicate an intention 10 exclude
the jurisdiction Of the courts to try the queS-
ton il such election does not exclude it,
The provisions of ch. l, Gen. st. 1878 apply
in such u case and unless under exceptional
circumstances the contestant should proceed
IN the manner therein prescl ibed and not by
quo warranto. In the case of John Thomas
and Andrew Fair, co-partnerS, appellant VS..
the StickneY Farm company, respondent,
appealed from Clay county, the judgment Or
derlng reference to take and state
the complicated accounts between the
parties, reServing the issue of all
alleged settlement for jury, was
affirmed. Judgment was affirmed in the case
of Peter Tantholt, respondent, VS.. Nels j.
Ness, appellant, appealed from the municipal
court OF ST. Paul. Judgment was reversed in
Christian Retain, respondent,Ys. Eliza Goebel,
appellant Judgment WAS affirmed in the case
or Mary e. Gille, respondent, vs.. George H.
Hunt ct al, appellant, appealed from Henne-
pin county. Order was affirmed in the case
OF John Maloney, appellant, VS.. the st. Paul,
Minneapolis u Manitoba Railway company,
respondent, appealed from Stevens county
Judgment was atfrmee in the case
OF Hugh Connolly, appellant, VS.
the board OF commissioners Of Dakota county
respondent. The per diem allowed by the
statute to a sheriff for attendance upon a
term Of court covers the bringing into court
and removing prisoners for arrangement,
trial and sentence. The allowance for hoard
ing prlSoneS covers washing done for them
Order denying new trial affirmed in the
case OF Frank H. Scofeld, respondent, vs.. A
P w airath appellant. Order affirmed i'll the
case OF Nichols. Shepard u Co., appellants VS..
NJ. >. Root ct al, respondents. Order affirmed
i'll Susan e. Baldwin, appellant, VS.. c.. NJ 81
St. +. h. K. Co., respondent. Order was af-
LII Iii Tue CAST Vi alDcfC hnlS0t, re 5pOnQ-
ent, VS.. Richard Valentine ct al, appellants
Three decisions were rendered by Judge
Mitchell. Order affirmed in the case of
Helen NJ. Wiseweu, administrative of the es-
tate of j. G. Wisewell, deceased, respondent.
VS.. William NJ. Wisewell, appellant, appealed
from the municipal court Of Mankato. Judg-
ment was reversed in the case of Milton l.
Daniels OF property and estate of w 5. Wells
ct. al appellants, VS.. Bank of Zumbrota, et
al, respondents, appealed from Goodhue
county. Ii such facts are known to a credi-
tor or purchaser as are clearly sufficient to
put person OF ordinary prudence
upon inquiry lis to the debt
ors solvency, and fail to in
quire or investigate, they are chargeabIe
with the knowledge which such inquiry OF
investigation would have furnished them.
Judgment reversed in the case of Milton /.
Daniels, receiver, etc., VS.. H. Fl. Palmer and
W. S. Wells, respondent. By the term in
solvent, as used in the insolvent law, at least
when applied to a merchant, is meant inabil-
ity to pay ones debts in the ordinary course
of business, and not merely at some future
time when his affairs shall be wound up.