St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-11-14
SUPREME COURT ALTERS.
Cases Decided and Liiigants Dis
posed Of.
FORMING SCHOOL DISTRICTS.
The Minnesota Thresher Company
Ordered to File an Answer to a
Complaint Other Suits.

There were three decisions filed by
Judge Mitchell yesterday in the SUI
preme court.
Boston Clock Company. respondent, VS..
Leroy Burlington, appellant.
This was an appeal from a Judg-
ment of the municipal court OF Mime
apOliS in an action Of unlawful detainer.
The respondent moved to dismiss
on the ground that an appeal will
not lie from that court in this
class of actions. The contention
is that as the statute General Statutes
1878, chap. 81, sec. 12D giving
the municipal court Jurisdiction or
actions of forcible entries and I'M
lawful detainers, provides that chap.
81 of the General Statutes shall apply
to that court, therefore an appeal will
lie to the district court, as provided in
that chapter, in case of an appeal from
the justice of peace.
Syllabus-An appeal lies to this court
from the municipal court of MinneapO-
lis in actions of forcible entries and un
lawful detainers. Evidence considered
and held insufficient to justify finding
that there had been material altera-
ton of lease after it's execution. II a
building becomes untenabie during the
eral Laws 1888, the lease is, at most,
merely terminable at the option of the
lessee. He may continue the tenancy
if he SO elects. This he does by reSum
ing the occupancy and the payment Of
rent under the lease when the building
is repaired. Judgment reversed.
S. g. Graham, respondent, VS.. E. d.
Evans. appellant.
Judge Mitchell remarks in his ODin-
ION: 1.-THE arguments OF counsel have
taken quite wide range, but, in OUT
view, upon the facts found by the trial
court, the law in this case lies within a
very narrow compass"
SyllabuS--Th publication. pursuant
to General Statutes 1878, chap. Al. sec. ,26,
OF notice of an assignment for the benefit
+ of creditors, is not constructive notice
to debtors Of, the assignor. Hence, not
Withstanding such publication, if a
debtor without actual notice of the as
signment pays the assigDor, he will be
discharged from the debt. A grantee
of premises subject to the lien Of a
Judgment in favor of the aSsignor, who,
without notice of the assignment, pays
the assignOr an adequate and valuable
consideration for release of the prem
Uses from the lien of the Judgment, is
entitled to the same protection. Such
release is an Endorsement affecting the
title to real estate" which is entitled to
record, and the record of it is under the
statute s'notice to parties." Judgment
reversed.
In the matter of the application of Ed
ward Lemont for writ of certiOrari.
Edward Lemont, petitioner, VS.. The
Board of County Commissioners of
Dodge county, Minnesota, respond
ent.
1t is sought by this writ to review the
proceedings of the county commits
sioners of bod ge County in forming
new school district.
SyHabus-The action of the board of
county commissioners in forming new
school district, being legislative and
T not judicial in its nature, can not be re-.
viewed Oh certiorari. Writ quashed.
. The following routine was transacted.
by the court:
Wv. o.. Wyekoff, e. w. Seamans aid
IT. H. Benedict, appellants, VS.. Nellie
Moran, respondent. Argued and sub
mitted.
;, Michael Pierro, appellant, VS.. st.
Paul d Northern Pacific Railway Com
pany, respondent. Submitted on briefs.
S. M. Roch, appellant, VS.. John B.
Dion, ct al, respondents. Submitted
on briefs.
The State of Minnesota ex rel. Moses
E. CIapp. relator, VS.. The Minnesota
Thresher .mpany. Motion to quash
writ denied, and respondent ordered to
answer forthwith