St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-11-29
SAINT PAUL.
CULuHGs OF The COURTS.
Judge Mitcheli's Definition Of the Law
Against Larceny.
LAND LOCATED IN JORDAN.
Dispensers Of Justice VIII Celebrate
Thanksgiving Day---A Verdict in
Favor of the Bank.

Two decisions by Judge Mitchell
were filed yesterday in the supreme
court:
State of Minnesota, respondent, VS..
Joseph A. Hern. appellant.
Defendant was indicted, under sec
ton Ais of the penal code. of the crime
of grand larceny in the second degree.
The allegations of the indictment are
that the defendant willfully, maliciously
and feloniousIy, by reason of false
token and writing, to-wit: a false and
forged elevator ticket, which had there
fore been made by the defendant, OBJ
tanned of Sylvester Strong and II. Miller
the sum of S25.S3, appropriating the
same to his own use. Objection is taken
to the sufficiency of the indictment; tiat
the instrument set out and which con-
stituted the alleged false token does not
OH its face purport to have any legal
validity.
Syllabus-There being under section
AIS of the penal code several distinct
acts or ways by which a person may
commit or be guilty of larceny, some OF
which were not larceny at common
law. the indictment should charge the
act constituting the alleged larceny so
as to inform the accused in which one
of these different ways he is charged
with having committed the offenSe. An
indictment for larceny in the common
form could not be sustained by proof
that the defendant obtained the prop
erty by false pretenSeS or false token.
Where the false token is written in
strument it need not be such as, If
genuine, would be of legal validity.
al in n
objection to an indictment on the
ground of duplicity should be taken by
demurrer or by motion Oh the trial to
compel the prosecution to elect on
which charge he Will proceed. 1t cam
not be taken by objection to the admis-
sion of any evidence under the lndict-
ment. If an Indictment attempts to
charge two otfenSeS, but one Of them in
sufficiently, it is not therefore double;
to he so it must set out each sufficiently.
Order affirmed.
Fred Erkens. respondent, VS.. Frank
Nicolin, appellant. Action to recover
money paid by plaintiff to defendant
for quit claim deed of a piece of land
in the village of Jordan. Syllabus
Money paid under mistake OF law CAN
noi be recovered back when the trans
action is unaffected by any fraud. trust,
confidence or the like, and both parties
knew all the facts. Applied TO case
where party, under ignorance OF the
rule of law that distances must yield to
natural boundaries called for in a deed,
paid money for Qutclaim of property
which, under this rule, already be-
longed to him. Order reversed.
The State of Minnesota, respondent, VS..
Michael Quinian and Nathaniel W.
King, appellants. Argued and SUBJ
United.
DISTRICT COURT DIGEST.
John G. Hanley, James Cody and
Micheal tanners against the North st.
Paul Land company, Duane & PorteoUs
and Pruden Stone company, the court
granted Judgment in favor OF the North
St. Paul Land company as one OF the
defendants.
John NJ. Clark against Charles B.
Marvin. Judge Simons ordered tn at
plaintiff have twenty days leave to file
4 reply to defendants answer.
Second National Bank against Howe
Bros. on prOmiSsOry note for 81, 600
The jury returned a verdict of a, 2295.SS
for the plaintiff.
The jury disagreed in the case of the
Merchants National bank against j.
w. Gregg ct III. Oh promissory note.
The jury returned verdict in favor
of the plaintiff in the case of II. nj.
Nattson against the Harrington Milk
company. The action was to recover
on note of $371.
The case of H. G. Fogg ct al. against
Peter Primean ct al, to recover $3.50
earnest money on land contract was
tried before Judge Brill yesterday.
Court adjourned until Friday morning
ut 10 O'Clock.
UNITED STATES COURT.
The case of Frank Smith (colored).
indicted for selling liquor without
license at Duluth. Minn., was tried be-
fore Judge Nelson yesterday. The case
was submitted to the jury at 4 O'Clock,
and they will report at the opening of
the court Friday morning.
Simon Machell, an Indian on the Fon
du Lac reservation. was tried for assault
with deadly weapon upon one David
Ruttle. The jury returned verdict of
not guilty.
The United States court stands adj
journed until Friday morning, IL o'clock