Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-02-27
TEN ri c uRT.

TEN SUPREME C uRT.
Decrees of the Highest Territorial
Tribunal Rendered at Bismarck.
Bismarck, ak. Feb 24-lhe supreme
court adjourned this afternoon after
holding n OF the most important terms
of court in the history of the serritory.
The court announced its decisions in the
cases argued at this term, as follows:
In the case of Franklin s. Baer againt
the county commissioners OF Lawrence
county action Of lower oour affirmed.
This is o Deadwood case. in which the
oisy acting under q special charter
fixing the liquor license at $500. refused
to pay the amount required in the coun-
ties by the law of 1887. The decision is
a victory for the saloon men OF Dead
wood.
The action of the lower court in the
case of The administrator of Wedel
against the Chicago, Milwaukee &c ST.
Paul road was reversed. he was killed
by the cars OF the Milwaukee road at.
Parker. Judgment in 5 5000 was render
ed in the lower court. The supreme
court reyerses judgment and orders a
new trial on the ground of c%ontr1butory
negligence.
The case of O. d. Benton vs.. j. e.
Hagaart of Cass county, in which case
the lower court gave @ verdict in favor
ofBenton for $4,000, was reversed. This
10 O victory for The ex-sherif OF Oass
county. The action Yves brought against
him for foreclosing q mortgage on the
grain sown and harvested by a third
party.
In the Ramsey county Case involving
the right of a county treasurer TO rereiYe
o commission on money collected on the
sale of bonds, the action of the lower
ooGrt was affirmed. This beats the
treasurer
In David +. EFi;sshks ct. al. against Geo.
w. Stone, the sction OF the lower court
was affirmed, This was q case in which
Stone guaranteed payment for goods
purchased by q milliner, and Fiske sued
tor collection. The decision is affirmed /,
and is against Stone,
In the case of Hodgdon and wife
against Leonard f. DAVIS, to set aside 9
foreclosure sale made by advertisement,
she action OF the lower court was affirm
ed. This defeats. Hodgdon.
In the a OF L. B. Richardson,
against the school district of Grand
Forks, judgment was affirmed This
was a case in which q school teachers
warrant wss attached for debt. The
lower court decided thet it could not be
attached and the supreme court effirms.
McMahon IL McSaren against Plum.
mer Il Hanson, for the recovery of money
on a check; affirmed.
First National bank of Grand Haven
against May Honeyman snd Others for
foreclosure of o mortgage for future con-
sideration; reversed and q new trial or
dered, thus defeating the plaintiff for
the time being.
In the Stuteman county tax case, in
which the lower court rendered judg-
ment IN favor of the return to indiyi-
duals of the tax money in $4,000 and
the supreme court affirmed, the court
refused to grant q reergument on the
ground that il had gone beyond the con.
troll of the court. The question Of issu.
ing a mandamus TO compel the county
to levy 8 tag for the return Of the none
TO the property holders is taken under
siyissment.
The insurance company OF Dakota
against Walter d. g. Green, for the fore.
closure of mortgage; taken under adj
visement.
The United States against Gunther
for mayhem, in which Gnntner was con-
vioted of mayhem; affirmed.
]. Leslie Thompson against John Mo
Kee of Sioux Falls; question as &c
whether or not the man was liable fol
the check which he signed for identified,
ton; the lower court decided that be
WAS and Judgment is affirmed, Judge
Francis dissenting.
In Porter P. Peck against the Sioux
Falls Brewing company Judgment Tor
the defendants was affirmed. This case
IL for $4,000 900 and at least 500, 900 is in.
| volved, John II. Gamble. who argued
the winning side, went home happy last
evening.
Cornelis Lyon against the insurance
company of Dakota, being for collection
of insurance money, action OF lower
court affirmed. Corne,ia Lyon lives il
Florida and had property insured
through an agent in Kentucky. The
question Was whether or not the agen,
was duly authorized and the com pany
liable, Decision n favor of the som
pany.
The famous Indian land case, in whiot
the right of an Indian 10 transfer 6
homestead is involved, ia set for reargu.
ment.
In the Buttz-Colton case, in which
Buttz sued for title to land agreed to
haye been transferred to him by j. t..
Cotton, the Judgment Of the lower court
is reversed. In the lower court il was
ordered that the land should be trans-
ferIed to Bnttz.
In the case of the Gull River Lumbe,
company RgaInst against Oscar Ward
the judgment of the lower court, giving
the company o claim on Wards resi-
dence Tor lumber furnished the contrsc-
tors, was affirmed.
In the Cess county case, involving the
boundary line OF 10 commissioners dis
trict, the Judgment Of the lower court
was reversed on the ground that the
county commissioners have no right TO
change the boundary lines OF the dis
triot. This leaves the board of con-
missionera of Csss county undisturbed
In the Wahpeton case Of Lander
against the sheriff the lower cours gave
Judgment in 80 500 against the sheriff
for converting property on which Lam
der held g mortgage. Judgment af-
firmed.
In the case OF Gardiner against the
school board 81 Fargo The lower courts
Ejudemont was that the children Of
Gardiner could NOT attend school in
Fargo without rayipu kuition. aa hje