St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-27
THADEN'S Die CAST.
The Supreme Court Affirms
the Judgment Of the Dis
tpict Court,
And the Last Of the Real Es-
tate Frauds Must Serve
Out a Term.
A Relic of Sackett & Virgins
and the Exposition Thea
ter Scheme.
Lawyers Fees Come High,
but We Cannot Well
Avoid Them.

The supreme court yesterday atf1rmed
the order of the Ramsey county district
court denying the motion for a new
trial in the case of The State against
Gerhard H. Thaden. This ends the
notorious fraudulent real estate trans
actions cases that have burdened the
courts for nearly year. The defend
ants have no further recourse, and they
will be obliged to suffer the penalty.
barring possible pardon by the gov
ernOr.
Justice Vanderburgh handed down all
of the four important decisions yester-
day. They are:
C. D. Haven q Co., appellants, vs.. W. E.
Neal q Co. RESPONDENTS Order denying a
new trial reversed VANDERBURGH. j.
In order to sustain an action for de-
ceit the fraudulent intent must be es-
tabliShed. but it may be inferred from
the facts that the material false state
mentS are made with knowledge OF
their falsity: and where party who is in
position to know the truth deliberately
makes unqualified representations in
reference to a material matter which
are not true, similar intent
may be inferred; but the ques-
ton of fraudulent intent is
usually for the Jury. In the case of a
fraudulent sale of goods, the vendee
may retain the same and sue for dam
ages suffered on account of the fraud,
and the receipt Of some Of the goods and
the completion of the contract SubSe-
quent to the discovery of the fraud will
not necessarily constitute waiver OF
his claim or defeat his action for dam
ages. Representations as to the value or
property are ordinarily treated as matter
of opinion, but they may properly be
received iffevidence when they are con-
nected with and serve to characterize
other material statements. Evidence
considered and held to make case for
the jury.
State of Minnesota, ex rel Frank Nicolin.
relator, VS.. Board of County Commissioners
of Scott County, respondent Order al
frmed VANDERBURGH, d.
Under chapter ia, Laws of 1899, re-
lating to the removal of county seats,
the notice of the meeting OF the county
commissioners to act upon the petition
of legal voters for a change of county
seat must be published and posted, as
therein required, in order to give the
commissioners jurisdiction to proceed
Notice of a meeting to be held on the
9th day of May, published on the 18th
and 22d day of May respectively, is not
a sufficient publication, under the stat
ute. On determination Of the question
of the sufficiency of the notice. and
where the proceedings are regular and
the notice and proof of publication and
posting is sufficient, which may be de-
termined on inspection of the record, it
is the duty of the commissioners to pro-
on6 oct InOO the npfitiOn
Nellie G. DAILY. respondent, VS.. Chicago, Mil
Waukee u St. Paul Railway Company, APP
pellants. Order reversed.
VANDERBURGH, j.
Where fire is kindled upon lands ad-
Joining a railroad track by sparks from
a locomotive engine, the presumption of
negligence arises from that fact, with
out further proof; but this presumption
of negligence is rebutted and evidence
of negligence other than the bare fact
that the fire was set by the engine will
be necessary in order to warrant a YER
dict for plaintiff in an action for DANA
ges caused by such fire.
State of Minnesota, respondent VS.. Gerhard
H. Thaden. appellant Order denying q
new trial affirmed. NANDERBURGH, j.
Upon Joint Indictment against sew
eral defendants the court may direct the
trial to proceed against one on the ap-
plication of the state, and where the
case against one was separately moved
for trial and a Jury was sworn without
objection, by the defendant. held that
the failure to ent9r formal order for a
separate trial was not prejudicial error
or ground for new trial. When a
promise is connected with false pretenSeS
and co-operates with them to Influence
the party deceived thereby the promise
may be alleged and shown as part of
the charge if the pretens6 of past OF
existing facts is sufficient. Prior to the
amendment Of 1869 to- sec, Z, oh. 70,
General Statutes, one defendant was
not competent to become a witness for
or against his cO-defendant until con-
victed, acquitted or discharged. The
amendment established new rule, and
on trial of one defendant on a joint
Indictment against tWOhiS cO-defendant
NAV offer himself as witness and give
testimony in behalf of the state against
the defendant on trial.
These cases were argued and sub
mitted in the supreme court yesterday
Chicago, Milwaukee u st. Paul Rail
way Company, appellant, VS.. h. w.
Durant, respondent, and the same
against Isaac Staples, Ernest l.. HOSpes
and the Union Depot Company ct al.
-four separate causes.
Minerva McKusick, respondent, VS..
The City of Saltwater, appellant.