Bismarck weekly tribune., 1889-02-22

sUPREME COURT.

SUPREME COURT.
Syllabus OF the Decisions Handed Down
from the February Term.
Daniel Mclaughlin and W. R. Steele,
plaintiffs, substituted for Ambrose G..
Bierce. respondents vs.. TheFirst National
Bank OF DeadwOOd and Samuel Cush-
man, Receiver, interve1Or, defendants
and appellants.
Appeal from Lawrence county. The
judgment of the district court is affirmed,
this court holding that the respondents
have an interest in the subject matter in
dispute sufficient to maintain this action.
Elizabeth McC Claiche, plaintiff and respond
ent, VS.. Chicago, Milwaukee & st. Paul
Railway Company, defendant and appel
liant.
Appeal from Aurora county judgment Of
the district court reversed and new trial
granted on the grounds of c0ntributary
negligence on the part of McClatchie, de-
ceased, In boarding the moving train and
errors in the admission Of certain testi-
mony. Chief Justice Tripp not sitting;
Justices Mcconnell, Thomas and Spencer
dissenting.
Territory of Dakota, defendent in error;
VS.. Irving w. Ely, plaintiff in orror.
Appeal from Beadle county. Judgement
affirmed Justices Spencer and McC
not sitting.
Territory of Dakota, defendent in error;
vs.. Benjamin King, plaintiff in error.
Appeal from Beadle county. Judgment
affirmed. Justices Spencer and Crofoot
not sitting. "The court holds that affidavit
of jurors cannot be used to impeach their
verdict"
Territory Of Dakota, defendant in error,
vs.. Geo. D.. RaymOre, plaintiff in error.
Appeal from Cass county. This was the
seduction case that has caused good deal
of excitement in the Red River valley.
Judgment of district court reversed and
new trial ordered. @This case is reversed
for the reason that there is not sufficient
evidence to sustain the verdict of guilty, as
it fails to show promise of marriage pre-
vious to the alleged seduction"
The National German-American Bank Of
NJ. Raymond, defendant and s RESPONDENT.
and E. A. Raymond.
Appeal from Cass county. This case
was argued at the February term,
1887, and re-argument ordered in
1888. The judgment of the district court
is affirmed, the court holding the statute un-
der which Raymond was imprisoned is
remedial, not penal, and he was entitled to
discharge on showing to the court JUS
tices Garland. Rose and Templeton dissent,
ing and Justice Mcconnell not setting.
Winona Lumber company, plaintiff and
respondent, vs. Frank f.. Malcolm. Mich
olas A. Schonweiler and Lincoln school
township of Sully county, defendants:
Nicholas A. SchOnweiler. defendant and
appellant.
Appeal from Hughes county, affirmed by
operation of law, the court and justices
thereof being equally divided in opinion,
Justices Mcconnell and Spencer not sit
ting.
Edwin H. Dickson, plaintiff and respond
ent. VS.. Thomas Lyon White, denfendent
and appellent.
Appeal from Cass county, dismissed.
j. G. Oswald and Theo. Basting, co-part-
n, rs as j. q. Oswald & Co., plaintiffs and
appellants, vs.. Frank B. McCauley ct al,
defendants and respondents.
Appeal from Cass county. Judgment of
district court affirmed. s.The court holds
that in this territory homestead may be
lawfully claimed in an undivided interest
in land"
Herman w. Luce, plaintiff and respondent,
vs.. the American Mortgage and Invest.
ment company, defendant and appellant.
Appeal from Lake county. Judgement
of district court affirmed. "The court hold
ing that under the facts in the case the
giving of the $4,000 mortgage by Luce to
defendant was a payment of the New Eng
land Lean and Trust company's mortgage
and the plaintiff. Luce, could do no act to
invest it with any validity"
Alexander Mckay plaintiff and respon-
dent VS.. Theodore Shortwell, A. NJ.
Clerihew, VIM. Lothian and VIM. Lee,
defendants and appellants.
Appeal from Lake county. Judgment
of district court affirmed. Justices Garland
and Mcconnell not sitting.
First National Bank of Bismarck plaintiff
and appellant VS.. David Stewart and Ed
ward Sloan defendants and respondents:
Appeal from Bureigh county. Judg-
ment OF the district court affirmed. Justices
Garland and Mcconnell not sitting. sThe
evidence relating to the consideration of
the note in suit being conflicting this court
will not disturb the verdict. (2.) Under
the facts of this case the defendant was not
estopped to deny the correctness Of the
bank accounts"
This is an old case growing out of the
capital location when Stewart & Sloan
made want of consideration" defense to
suit on their subscription note.
Frank Van Dusen and Shepard, Tappan,
plaintiffs and appellants, VS. William A.
Fridley, as treasurer of Kidder county,
Dakota Territory, defendant and respond
ent; appeal from Kidder county.
This was case brought by certain tax
payers of eastern Kidder to restrain the
collection Of taxes and brought into ques-
tion the existence of Stanton county. Judg-
ment of district court affirmed. ''The court
holds: That while the language Of the
statute in question is not free from ambi-
guilty, it will resolve the doubt in favor of