St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-12-01
HANDED DOWN BY JUDGES.
Decisions Filed in Appeals to the Su-
preme Court.
KNIVES ARE WEAPONS.
Clearing Away Clouds From a Title.
Parol Evidence In admissible Against
a Written Agreement.

Gilfllan filing oil the decisions.
Eustis j. Ingalls,, appellant, VS.. ST.
Paul, Minneapolis Il Manitoba Rail-
way Company, respondents.
Action for converting a dwelling
house claimed by plaintiff to be per-
sonal property to him and by defendant
to be part of real estate belonging to it.
The case. as it is presented here, must
turn on the decision OF the. question
whether it was personal property or
was part of the realty, Or rather, whether
there was evidence from which the jury
might find it personal property. On
the evidence the court below directed a
verdict for the defendant, and the YER
di was so rendered.
Syllabus-One who erects building
Oh land of another by his license. ii the
consideration of the case be unInfin-
enced by laches of the former, or other
special circumstances. is regarded to be
the owner of the building. and entitled
to remove il, if it be practicable, and
works no injury to the land. And in
such case. on revocation of the license
to occupy the land with the building,
he is entitled to reasonable oppor-
tunity to remove it. Order reversed.
State of Minnesota, respondent, VS..
Joseph A. Hem, appellant.
Indictment for assault in the second de-
gree, with weapon, to vita knife. "lt
is objected that as knife is not neces-
sarily a weapon likely to do grievous
bodily harm, but may or may not be SO,
this knife ought to be more particularly
described in the Indictment, so that
from the description it may be seen
whether it was such weapon OF instru-
ment or not.
Syllabus An indictment for assault
with weapon or thing likely to do
grievous bodily harm, describing the in
strument as ga weapon, to wit. knife;
the said knife being then and there
weapon and instrument likely to pro
duce grieyous bodily HARM" is sufti-
cient. On the trial threats made few
hours before the alleged assault to COM
nit it may be proved.
First National Bank of Glencoe, APP
pellant, VS.. E. &. Lincoln ct al, re-
SpondentS.
Action on a joint and several bond. 1t
was tried before referee. who dl-
rected Judgment against all the defend
ants for S3.017.46. Defendants moved
for a new trial, aud the district court
made ali order granting the motion. UNI
less the plaintiff should, within thirty
days after notice, elect to take Judg-
ment against the defendants, E. S. Lin
coin. Isaac Lincoln, Jr., and l.. w. Les
ter, for 81 ,S14.63, and against the de-
PENDANT Howe for S2S0.50. Plaintiff APP
neaIed to the supreme court. where the
order was directed to be modified by
changing the sum of S2.S14.63 to
S3,U16 10. On the cause being remanded
to the district court the plaintiff elected
to take Judgment against f. b. Lincoln.
|. Lincoln, Jr.. and l.. w. Lester, and
it was so entered. Plaintiff then moved
the court for new trial as to defend
ant Howe, and this motion was denied.
SyllabuS-An order, on a motion by
defendant for new trial, directed a
new trial Tor the action. unless plaintiff
should elect to take Judgment against
three Of the defendants for specified
sum and against another OF them for
specified part of that sum. Held that
plaintiff could not, under the order,
take judgment against three. as Specl-
fed in it, and have new trial as to the
other. Order affirmed.
Judges Vanderburgh and Mitchell
fled a dissenting opinion: "The de-
PENDANTS were each severally liable on,
the bond in suit. Plaintiff might have
commenced his action against all OF
any one of them. Howe answered
separately, raising different issues
from those made by the other defend
ants"
Robert Taylor, respondent, VS.. Tennis
s. Slingeriand. appellant.
Appeal from a Judgment in an action
to cancel certain tax sale certificates
and tax deeds, as clouds upon plaintiffs
title. The findings indicate that the
action was tried as an action in which
the provisions of what is called the
''occupying claimants law are applica-
BILE, to wit: an action to test the
validity of the title land the parties con-
coded on the agreement here, that it
was so tried by agreement of parties.
The judgment awards possession OF the
land to plaintiff on condition that within
year he pay into court, for the use Of
defendant, the aggregate of certain
whose rights he has succeeded. upon
sums It adiudgeS to be liens.
Syllabus-The holder of the states
lien on zeal estate for taxes. acquired
by purchase of the real estate at void
tax sale, cannot. independent of the
occupying claimants" law, defend his
possession of the real estate upon the
lien, even though he enter with the ac-
quiesceDce of the owner. His rights
arc not like those of a mortgagee in
possession. Under the occupying
claimants - law, chap. IS, General
Statutes 1878, sec. 16, the interest to be
allowed for taxes SO satisfied is seven
per cent per annum. The sum which
the Judgment in favor of the owner re-
quires him to pay the occupant under
section II. as a condition to the issuing
execution, does not bear interest.
Judgment affirmed.
The Mccormick Harvesting Machine
Company, appellant, VS.. Hill III. Will
son, respondent.
Syllabus-To enable any one to re-
cover as upon an account stated" he
must declare upon it as such. Ii in his
pleading he rely upon the original
transactions or the items included i'll
the account, they are open to proofs by
tract is made and delivered, and Moth
ing remains to complete its execution,
parol evidence is inadmissible to prove
an understanding that it shall not be
operative according to its terms. Order
reversed.
National Albany Exchange Bank, APP
pellant, VS.. W. j.. Cargill ct AL, re-
spOndentS.
Appeal from an order denying plant
ifs motion to strike out the answer as
sham, and for Judgment, notWthstand-
ing the same, as for want of answer.
The answer consisted of denials. Re-
spondents insist that the order is not