St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-05-26
DAKOTA SUPREME COURT.
Close Of the May Term at Yankton
Yesterday.
THE DECISIONS RENDERED
Among the Most Important in the His
tory of the Supreme
Court.
Special to the Globe.


YANKToN, Oak, May 25.-The May
term of the supreme court closed here
to-day, and the following decisions were
rendered. These decisions are among
the most important ever rendered in the
courts of Dakota, and will be read with
great interest throughout the territory.
Peck versus Sioux Falls Brewing
company, affirmed, court being of
opinion that the contract set out
in pleadings is contrary to public
policy, ard one which court
of equity will not lend its aid to enforce
by specific performance. German
American bank of st. Paul, VS.. Ray
mond, from Cass county, continued for
re-argument. Elliott, VS.. Chicago,
Milwaukee & st. Paul Railway COM
pany, Clay county, reversed upon the
ground that the deceased and agent of
the company whose negligence is
complained of, were company en-
ployes, that deceased was guilty of
contributary negligence as prevents re-
covery. Taylor VS.. Brown, from Moody,
reversed and action remanded to dis
trict court. Ferris VS.. Treasurer Stark
\
plaintiff was entitled to recover back so
much of said moneys as were levied and
collected for local and county purposes.
McLauden VS.. City of Grand Forks,
affirmed; certificates are held to be
illegal, and appellant is not stopped
from settling up Snch illegal sale of his
property by reason of his signing this
petition for doing the work or his
standing by and seeing the work done.
White vs.. Chicago, Milwaukee 81 st.
Paul railway held under advisement.
Robert VS.. Dawson Mining company
dismissed. Northern Pacific Railroad
ground that it appears from the
allegations of the complaint that the
railroad company had already paid
sum greater in amount than was due
from the taxes of that year under the
gross earnings law, was construed by
the supreme court of the United States,
Mcmillan VS.. Phillips, from Mime
haha county, affirmed. Songstad
vs.. Burlington, Cedar Rapids IL
Northern railway, from Mime
haha, reversed upon grounds that
the undiSputed evidence shows that the
plaintiff undertook the perils of the
falling bank with full knowledge of the
danger, and shows his negligence con-
b14OutNN w lllC VI 90 w HlSNCilO Hid
recovery. Bank Of Los Angeles VS..
Dickson. from Minnehaha, reversed
upon the ground that the court con-
Cured i'll Suiting plaintiffs Oh
lection to evidence, showing the
insolvency of the bank. Knapp VS..
Sioux Falls Bank, affirmed. Yorker VS..
Hadley, from CaSs. held under advise
ment. Huber VS.. Chicago. Milwaukee
" st. Paul railway, from Hutchinson,
reversed, there being no negligence
shown on the part of the rail
way company. Feldenheimer VS.. Tres
sci Hutchinson, reversed, and re-
instruction to permit defendant to an
sWer. Pike VS. Chicago. Milwaukee Il
st. Paul railroad, Richland, reversed.
OtterSon vs.. st. Paul, Minneapolis d
Manitoba railway, Richland, reversed
upon the ground that there was no evil
dence Of negligence upon the part of the
railroad sufficient to sustain a verdict.
Warder ct al. VS.. BirdSell, from DEVILS
Lake, affirmed. Madison Nation
al Bank VS.. Farmer, from
Dawson county, affirmed; held
there was an entire want Of evidence
tending to show that there was any de-
fault on the conditions of the chattel
mortgage upon which plaintiff relied to
maintain his action for claims and de-
livery. Bass VS.. Northern Pacific Rail
way company, from CaSs, reversed and
new trial ordered upon the ground that
plantl1f was not treSpaSSer. Rudolph
VS.. North Lincoln county, reversed
and new trial ordered on the ground
that the verdict was neither general nor
specific, but should have been rejected
by the court. Henry VS.. Dean, Roberts
county, affirmed; held there was not
sufficient exception apparent of record
as will permit this court to examine the
is sufficient to sustain the find
ings. School District No. 81, Mime
haha county VS.. Collins. affirmed,
held that there was no permit or agree
ment to compound felony as would
make the consideration of the note
against public policy null and void.
Hope VS.. Stone ct al, Ramsey, affirmed.
Defoire VS.. Stone ct al, from Ramsey.
affirmed. Mcclure VS.. Rapid CITY.
affirmed; held that the char,
ter of Rapid City gave it
power to make such improvements
IN question. Sturr VS.. Beck, from Law
renee county. affirmed: held that the
homesteader was the prior appropriation
OF the water right, and the plaintiff had
no right to enter upon the prior possess
sion OF the defendant under his home
stead entry for The purpose of appropri-
atlng any portion of the running
streams and creeks thereon. Harris
VS.. Watkins, from Sphinx. reversed and
new trial ordered. Holenbeck VS..
Chicago. Milwaukee & St. Paul railway.
Sanborn, affirmed: held that the con
tract set out and relied upon is not suf-
ficiently definite and certain to sustain
an action for specific performance.
Judson VS.. Butler. from Kingsburv.
reversed, upOnG the grounds that
the court erred in dismissing the
case in holding that the district court
had not acquired jurisdiction of the ap-
peal. Bank of Canton VS.. North. re-
versed, upon the grounds that the court
erred in admitting evidence of witness
Gale. Territory VS.. Jones. from Lin
coin, reversed Territory VS.. Web
ster, from Codington county. af-
firmed; the court holds that the
city charter under which the
defendant claimed the right to sell in
toXicating liquors did not give the city
the exclusive right to grant licenses
within the city of WATERFOWL, and that
he was therefore guilty of the violation
of the law of 1879.
Bank of Valley City VS.. School Dis
trio n