St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-04-13
SAINT PAUL.
NOT ENTITLED TO FAVoRs.
The st. Paul Il Sioux City Railway
Must Pay Taxes on Its Lands---
Cuttings ofthe Courts.

Counties, was handed down by Judge
Vanderburgh yesterday. In the case
against Cottonwood county the judge
affirmed the order denying a new trial,
as he did yesterday in the case against
Martin county. The case grew out of
the land grant to the railroad, which
sold Its franchise to the Northwestern,
now the Chicago, st. Paul, Minneapolis
G. Omaha road. The grant was
held IN trust by the first
incorporators. who claimed that their
property was free from taxation. The
courts, by their conclusions. declare
this land to he taxable. Syllabus: THE
facts found by the trial court, construed
in connection with the written inStru-
ment set forth in the complaint, held to
bring this case within the same rule
laid down in case of the same plaintiff
VS.. Mcdonald, 81 Mimi. Rep, 1872, and
the same lands in controversy are ac-
cordingly subject to taxation under
Laws 1865. chapter 10, section 5. Held,
also, that the defendant in this action is
not estopped by the judgment in the case
referred to from setting up the facts re-
lied on as a defense, and from litigat-
ing the case on its merits.
NANDERBURGH. Judge"
The case of John E. Nichols, Martha
A. Triggs ct al. against The City of Du-
luth was submitted Oh brief yesterday.
William n. Crane, Of Wisconsin. was
yesterday admitted to practice i'll the
supreme court of this state.
QUIET AS THE GRAVE.
The scene about the Ramsey county
district court is daily becoming more
quiet. Judge Villas is ahead of the
calendar, so to speak. and is now assist
ing Judge Brill, who has busted him.
self deciding old cases, some of which
were tried by Judge SimonS over year
ago. Judge Wilkin also does most, if
not all. of his work at his chamber.
Judge Kerr has heard only two or
three small cases the past week,
while Judge Kelly is fast clear
ing up the criminal calendar,
hearing the last case to be tried this
term to-day. Next week the grind will
cease almost entirely, the few untried
criminal cases remaining on the present
calendar to be continued to the May
term. The case before Judge Kelly is
that of The State against John KaZala,
one of the alleged murdererS of John
Kohout. When court adjourned last
night. after eXhausting the second spe-
cial venire of jurors, only eleven men
sat III the jury box, all day having been
spent in securing two men.
MURRAY WANTS MORE TIME.
The hearing of the evidence in the
Holman-Murray case was begun yeSter-
day morning before Clerk j. d. Jones,
the referee appointed by the supreme
court. Attorney Holman testified to
his citizenship, stating that he had
come to St. Paul in the early spring Of
1884, having been admitted to the bar
of this state in March of the same year.
He was formerly admitted to practice
law in the state of Pennsylvania thir-
teen years ago. He cast his first vote
in this city in the fall of 1884. Ger
titled copies of the official proceedings
of the common council on the nights of
the 18th and 10th of last March were
submitted in evidence; also Mr.. Hol-
mans oath of Office. Mr.. Holman's tes-
timony all in, Mr.. Murray's attorneys
said that they were not prepared to give
nance until 2 o'clock to-day. The ref
cree granted this request. After the
testimony is in, Clerk Jones will have
ten days in which to report to the su-
preme court. A date will then be set
for the hearing before the supreme
bench. If the case is set Oh the date
Immediately following that Oh which
The last calendar case was set, it will
probably not be heard until the middle
OF July. Very likely some case on the
calendar will be set over and an early
hearing obtained in that way.
CREDITORS WANT A RECEIVER.
The creditors of p. Durack d Co. pc
tition the court to appoint a receiver.
Patrick Durack and William +. Bickel
are the cOpartnerS heretofore engaged
in the contracting business. The credit
OrS are jersey Steel and Iron company.
John Bell & Son and Michael Griffith,
to whom there is alleged to be due
$7,104.27. The petition recites that this
amount is long past due; that the firm
is insolyent, and that part Of the indebt-
edneSS has been sued for.
NEW SUITS.
The BOhn Manufacturing company
has begun garnishee suit against Nye,
LuSk d Hudson to recover S1,650, in
which Jefferson q KaSson are the gar
nishee defendants.
Scheffer, Rossum & Co. sue Alva D.
Gould to recover $214.90 for goods sold
and delivered.
The Northwestern Sewer Pipe COM
pany has filed suit against I. S. Blodgett
and others to recover S1,739 on con-
tract to construct and furnish material.
The Columbia Bank of New York has
begun suit against Downs & Finch to
recover 1896, which that bank has ex-
pended for the insolvent firm. The
bank garnishees Guiterman Bros,
which firm has property in its posses
sion belonging to Downs & Finch.
The st. Paul National bank sues W.
3. Briggs and others to recover on a
promisSOry note of S3,062.
w. S. Dennis sues Charles P. Webb
for sl66.1S for goods sold last December.
Joseph Fleishmann has begun suit
against ID. kOllmorgen OH anOte of $780,
LEGAL BREVITIES.
In the case of Joseph 3. Hesjnger
against The Home Benefit Association,
all action on an accident insurance
policy to recover $500 due to HeSinger
on account of the Sustension of an in
jury by accident which neceSSitated the
amputation of leg, the court orders
Judgment for Hesinger.
The special term of the United States
district court closed yesterday. The
last case tried was that of the United
States against n. p. Clark, for timber
trespass, in which the government was
awarded Judgment for 81, 1850. Jury
men were discharged and paid, and
about eight cases continued to the gen.
eral term. which opens Oh the first Mon
day in June, at Winona, Mimi.
ST. Luke's Annual Summary.
The management of st. Luke's hospi-
tai furnishes the following report of the
institution for the year ended Feb.
rs. The valuable lot on Eighth street
OIL which the hospital now stands is
offered for sale. the proceeds to aid in
the erection of the new building now in
process of construction on Sherman and
Oak streets.
Number of patients admitted during
the year, 329; men admitted, 1877:
women. POP; surgical operations, 14S:
charity work done by hospital, 3515 per
cent; charity work done By physicians.