St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-02-02

lumber for the use of the corporation.
Order affirmed. DICKINSON, j.
Judge Collins, having tried the case
below, did not participate i'll the de-
ciSi0n.
4 MINNEAPOLIS CASE.
The other decision is in the matter OF
appeal of the Union Terminal company
from certain condemnation proceedings.
The syllabus is added below.
In the matter of petition of the Min
neapOlis Terminal company for the APP
pointment of commissioners, etc, re-
Spondent, VS.. the Minneapolis Union
Railway company, appellant. Syllabus,
\ railway depot company piece of
whose land was soughtto be condemned
for the purpose of another railway COM
pany, having suffered default in the
condemnation proceedings, but show
ing sufficient excuse Tor such default,
may be let in 10 oppose such proceed
insS, the same being opened for that
purpose, although the award of COM
missionerS had been filed. Section 125,
chapter 66, general statutes 1878, is ap
plicable to such proceedings. The NOV
ing papers upon which such relief was
sought construed as showing upon their
face that such applicants interest in the
property was such as would have ena-
own proper and necessary corporate
purposes. \ land owner may oppose
condemnation proceedings under the
general statutes as respects his own
land, upon the ground that the proposed
taking Is not necessary. The denial OF
motion without prejudice does not
bar the renewal of the motion. An APP
peal from the award of commissioners,
bringing in question only the sufficiency
OF damages, is not inconsistent with
proceeding to vacate the appointment
of the commissioners, and to oppose the
condemnation proceedings.
DISTRICT COURT.
The Jury in the case Of J. \. Love VS..
Is. L. Brayt0n returned verdict OF $50
for plaintiff.
Percival Roberts has sued the New
York Cable Construction company 81, $50
material and labor.
John Wood. Jr., sues the Cable Con-
struction company for 81, 1923 for eighty
five conduit y0keS.
James |. Jellett has sued Otto Stress
guth for S95.
Bertha Gotham has brought suit
against Hub c. Schurmeier for S220.50
for rent due.
The case of Nicholas Kill will come
before Judge Kelly to-day.
a. W. -trlSOle was yesterday permitted
to plead guilty to grand larceny in the
second degree, and was sentenced to
three years at saltwater. He was in
dicted for larceny in the first degree.
The case of Michael Nash for man
slaughter will be called for Mon day
next.
Ferdinand Claybrook was sentenced
to two months in the work house for
petit larceny.
On motion of Mr. Mum, Charles E.
Hamilton and Robert HarriS,O of Canada,
were admitted yesterday to practice in
Minnesota.
Mr.. Ryan, the attorney, represents a
number of criminals now confined in
the county Jail. Yesterday morning
Mr.. Mum announced that, owing to Mr..
Ryan's illness the cases had been de-
layed but could not be much longer.
Judge Kelly stated that unless Mr.. Ryan
affected some arrangement at once, he
would be obliged to appoint other at
tOrneyS for the cases now in Mr.. Ryan S
hands.
Jefferson Il KaSson have sued Veg
mann d Klemann to recover SILL 10
for lumber furnished for the erection Of
st. Matthew's church, in West st. Paul.