St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-03-21
SAINT PAUL.
ovERRULED THE OBJECTION.
The Libel Suit of Petsch and
Prendcrgast Against the Dis
match to. BE Tried on Its Merits.

Prendcrgast Against the Dis
patch to, Be Tried on Its Merits.
Decisions in the libel cases of Thomas
A. Prendergast and Charles A. Petsch
against the Dispatch Printing company
were handed down in the supreme court
yesterday by Judge Vanderburgh:
Syllabus-Where the language in an
alleged libelous charge is in itself so
vague and uncertain that it could not
be intended to have been used in refer
ence to any particular person OF per-
sons, it is not actionable. But where
the words amount to libelous charge
against some person, but it is left un-
certain as to the application thereof to
the plaintiff. such application may be
shown by proof of eXtrinSic facts, and
under the statutes it is not necessary to
allege them in the complaint. Where
the language is libelouS and fairly sus-
ceptible of the meaning claimed for it
by the plaintiff. it is proper to aver in
the complaint the meaning thereof as
intended by the defendant in publishing
the charge, and as understood by those
who read it.
Such averments may be treated as
substantial allegations of fact. The
publication complained of in this case
was under the caption of ga Shame
and Disgrace 1.-The city hall ring
to-day consummated the greatest vii
lainy. Honest. faithful and capable
John Roche, comptroller of the city for
years, was sacrificed at the command of
the chief of the gang and his lieuten-
ants, Mayor Smith, Chief Clark, Tom
Prendergast, Aid. Petsch and Dick
Gorman," etc. The charge, which is
alleged to have been falsely and mali
ciously published, considering the scope
and purpose Of the whole article, in
Guiding the heading, may fairly be con-
strued to be libelous on its face, and
well calculated to subject the plaint-
iff to scandal and suspicion. and
expose him to contempt and hatred.
We are of the opinion that the lam
guage used, including the words ''city
hall ring" assuming this language to
be applied to the plaintiff and the
others named, may fairly and reasona-
bly, bear the Interpretation SubStan-
TALLY as charged, VIZ: That it was in
tended thereby to stigmatlZe the plain
tiff and the others named as having cor
ruptly cOnSpired together to defeat the
comptroller, because he stood in the
way of unlawful or dishonest schemes
of theirs to obtain money from the
treasury for their own private advan-
tage, and it was proper to aver that
such was the intent with which the
charge was published and the manner
in which it was understood by those
who read it. The defendants all join
in common demurrer On the grounds
that there is defect of parties. and
that the complaint fails to state facts
sufficient to constitute cause of action.
Order affirmed, and case remanded for
further proceedings.
The case now goes to the district court
for trial upon its merits.
State of Minnesota ex rel. Charles F.
Dana, administrator de bOniS non of
the estate of Michael E. Ames, de-
ceased, relator, VS.. The Probate Court
of Ramsey County ct al. respondents.
Whereupon an application for the
final settlement of his accounts by one
of the administrators of an estate two
having qualifiedl and for final dis
charge, the probate court having juriS-
dictiOn to hear such application, made
an order allowing the account and dis
charging the administrator, held by
final order discharging the administra-
ton of the estate invalid until set
aside in the same proceeding, though
the other administration, who had left
the estate and ceased to act, had not
been removed. and did not join in the
application. The omission was an ir-
regularity merely. A final decree dis
charging the administration operates to
discharge the lien of creditors upon real
estate which might have been pre-
viously sold to pay debts. An applica-
ton for license to sell real estate for
the payment of debts in the course of
administration must be made within a
reasonable time after the allowance of
the claims of creditors.
Such application made after the lapse
of ten years, the limit of ordinary judg-
ment liens held properly refused. In
any event the appellate court would not
interfere with the action Of the probate
court in refusing to license sale of
real estate after an unreasonable delay
on the part of the creditors and admin
istratOr, though less than ten year had
elapsed. Order affirmed.
VANDERBURGH, j.
AFEW NEW CASES.
Since the criminal calendar of the
district court has been taken up before
Judge Kelly few civil cases are being
tried. The following actions were
brought yesterday:
Edward Longevin VS.. Margerett Ross,
defendant, garnishing John Rogers Jr.
d Brother; action on real estate con-
tract.
AdamDecker VS.. Frank Sabeldowsky,
Oh note of $500.
Peter NJ. Holz ct al. VS.. Phil Gold
smith, to quiet title to the Sc Il of the Sc
Il of section "A, town 20, range %.
In the case OF Joseph Al. Donelson VS..
James E. Flanagan the jury rendered a
verdict of s2l5.62 for the plaintiff.
r;,to,t xr;u S,;u Do Dou