St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-04-28
CONTRACTORS CoRNERED.
Their Claim Against Sackett &
Virgins Not Lien on the Expo
Sition Property---COurt Cuttings.

Their Claim Against Sackett &
Virgins Not a Lien on the Expo
sition Property--Court Cuttings.
Judge Brill handed down five decis-
ions yesterday, which bear an impor-
tant relation to the estate of William f.
Davidson, deceased. They also serious
ly disappoint the efforts of five con-
tractors of this city who brought suit
against the estate to recover large sums
f0s work done on the Exposition build
ing during the time that property and
its appurtenances was under the con-
troll OF Sackett, Virgins 81 Wood. On
the 18th of August, 1887, the executors
of the Davidson estate entered into an
agreement with Sackett, Virgins d
Wood, whereby the Exposition prop
erty, including the building thereon,
was leased for the period of ten years at
an annual rental of $1,000. Sackett,
Virgins 81 Wood agreed to and were
privileged to make such alterations and
additions to the building as would make
it fit for an opera house. the plans of
the proposed alterations having been
submitted to all of the executors save
one, Sarah A. Davidson, who refused to
Join in the execution of the contract,
and did not sanction it in the least.
Matters between the estate add the
leSSeeS having been settled save as to
the signature of Sarah NJ. Davidson to
the instruments conveying these rights
to the opera house parties. the work of
tearing down the Exposition building
and reconstructing it in part according
to the proposed design. was begun
under the supervision and at the respon-
sibility of Sackett, Virgins q Wood.
They employed contractors on various
parts of the work, and soon the EXPOSE
ton rink was in ruins and great stone
walls were rising up Oh the rear of the
lot and facing Fifth street, under the
progressing work of the contractors.
SackettF Virgins d Wood kept up the
work and paid for It's performance until
the oath of January, 1888, when they
became inSOlvent and unable to pay
their debts. The contractors quit their
work and came in upon the inSolvent
opera house firm with unpaid ac-
counts which had accrued to that
date. The five contractors instituted
as many suits against the Davidson
estate to recover for the work done and
asked the court for judgment for their
several claims and to have the same de-
erty. Nels j. Ness sued to recover
S2,S17S1; Thomas LOBBY, 1856 /;
Charles Jaggar, 1856; the John Mar
tin Lumber Co.. S1,747.06; Edw.. Sisk-.
ron, about 81 400. These eases were all
tried before the court without Jury
and its conclusion determines that
neither of the contractors are entitled
to recover against the estate.
SEVEN YEARS FOR MURDER.
Judge Kelly convened court yester-
day morning, and sentenced John Ka-
Zala, convicted of completely in the muir
der third degree) of Frank Kohout, to
seven years at hard labor in the state
prison. KaZaia protested his innocence,
and asserted that he was not present at
the killing, as would be shown by the
trials of the others Implicated. The
extreme penalty in such cases is thirty
years. A motion for new trial will be
argued next Saturday.
Peter Larson, convicted of grand
larceny in the first degree, was
yesterday sentenced to two years
and six months in Saltwater.
Cyrus Wellington, attorney for Olaf
p. Olson, now serving life sentence
for the murder of Mrs. LIndmann, was
in court and submitted the prepared
case, on appeal. The question is.
whether or not the verdict was justified
by the evidence which was nearly all
circumstantial. The court will be
obliged to review 1000 pages of testi-
mony. The motion for a new trial will
be decided next Saturday,
NEW SUITS.
John NJ. Seaman sues Oliver & Murphy to
recover 500 alleged TO have been paid by him
on a certain land contract purporting to con-
vey Il lot in North st. Paul. He claims that
there is no such property, and that he was
induced to pay the above amount by the
wrongful representations of Oliver d Muir
ply.
The Minnesota Soap company, sues F. n.
Nelson to recover S23.75 for goods sold
W. M. Thomas brings garnishee suit
against Charles NJ. Green for $500 and gar
nishees ". NJ. Taylor.
Charles l.. Cannon sue Samuel c. Biggs to
recover S291.65, rent due on the premises,
524 Laurel avenue.
Cath Arnold sues Jesemine Simons ct al.
to quiet title to southwest quarter, of north
west quarter of section 81, township 20
range % west. Description was indefinite i'll
a certain deed to Arnold.
Beaupre, Keogh & Davis sue E. S. Erick-
same firm brings suit against C. F. Meyer d
Co., for 500 for merchandise sold; against
L. Menike & Son for SZ4.54, and against
Peter Nelson for S103.36.
II. Wells Bogart sues Berryhill & Dawson.
to recover 500 paid on account of lot 6,
Block 3, Nininger & Donnellys addition.
Earnest money on the same, the title to
which subsequently proved defective.
Judge Kerr held special term yesterday
Several motions were argued before him.
Tomorrow morning divorce cases viii be
heard by Judge Villas.
Herman A. Dunlle and wife have petitoned
the district court for leave TO adopt the male
child of Albert WanZer thirteen months old
and not yet named. The mother of the
youngster is dead. and the father is unable
to provide properly for its care and mainte-
nance He consents to the adoption and
petitioners pray to make the child their heir
at-law, and furnish il with suitable nurture
and education.
The following are the names of the grand
jurers drawn by the venire returnable at the
new court house on Monday morning, May
6: Theodore A. Schultze, George c. Stone,
Charles II. Schlick. John F. Baker, Webster
Smith, Jacob Simmer, E. c. Varney, Gus
T. Schumacher, Charles H. Schnittger Will
lam A. Van Slyke. E. W. Shirk, William K.
Allen, Henry E. Wedelstaedt and j. r. Tar
box.