St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-10-08
OF A STATE IMPORT.
The Supreme Court Overrun
at the Beginning Of the
Fall Term.
One Of the Burned Expert
mental College Buildings
to Be Replaced.
James Brown Killed by the
Cable Cars on the Selby
Hill.
After a Wordy War, the School
Board Contracts Are
Awarded.

The October term of the supreme
| court of the state of Minnesota opened
yesterday morning promptly at eleven.
| Court was held in the house of repre-
sentatives, owing to the large number
| oflawyerS present. Chief Justice Gill
fillan presided, and Judges Mitchell,
Dickinson, Vanderburgh and Collins
were present. Owing to the absence of
Attorney General Clapp. E. E. Corliss,
of Fergus Falls. represented the state.
The calendar is a very heavy one, over
800 cases having been filed. The work
| OF calling the calendar and fixing the
dates for trying the respective causes
| occupied the whole day. Very few mo-
lions were made. and but three cases
were struck from the list. The state
cases are fourteen in number, and in
clude the case of William Rose, con-
Vlcted OF murder in Redwood county.
who appeals from the order of the lower
court. The calendar is comprised of a
miscellaneous collection of cases, in
which thlrty-SlX railroad cases figure.
Opinions Rendered.
The following decisions of last terms
| calendar were handed down by the SUI
preme court yesterday:
The Chicago, Milwaukee & st. Paul Railway
Company, appellant vs. Edward W. Du.
rant ct al. respondents. Order affirmed
VANDERBURGH, j.
Syllabus: Certain of the defendants,
in consideration of the extension
of the plaintiff railway to he city
| OF Saltwater, entered into con-
| tract with t. G plaintiff in which they
| agreed that the city would furnish right
! of way through certain real estate in
the city. and that they would purchase
One-half of certain block of land and
grant the plaintiffs right of way
through it. Such right of way was not
given or procured. and the contract re-
manned unfulfl!ed on the part of the
defendants. And several parcels of
land included within the limits of the
right of way as designated are shown to
have been separately owned SubSe-
Quent to the contract by some of
the defendants and to have been con-
veyed to other defendants with notice
| OF the contract. In an action brought
by plaintiff against the SignerS of the
contract and such grantees for a specific
performance, with compensation in
damages, held upon the facts stated in
the complaint and set forth in the Opin-
ion that the plaintiff is not entitled to
the equitable interpoSition of the court
Tor the relief sought. but must be left to
Its action at law for damages.
Willard Clutches. appellant, VS.. The Board of
County Commissioners of Todd County, re-
spondents. Order reversed.
DICKINSON, j.
Gillian, C. j., and Vanderburgh, j., dis
sented, but filed no opinions on the case.
0h11C 1f
tax law. as amended in 1885, charging
the sheriff with liability for unsolicited
personal property taxes.
Ii he shall refuse or neglect to collect
the same, or to file list thereof as pre-
scrlbed. held not to justify charging
him with such liability merely because
he did not file the list of uncollected
taxes until after the LIST day of June, as
required by law to do. One having a
claim for service against county,
which has been diSallowed by the board
of county commissioners, may prosecute
an action to recover the same, and Is
not restricted by the remedy of an APP
peal from such disallOwance following.
Murphy VS.. County Commissioners of
Steele county, IA Mimi, 81.
William W Penny, appellant, VS.. Andrew j.
Luce, respondent. Order affirmed
COLLINS, j.
Syllabus: Plaintiff and defendant
owned separate tracts of land upon CD
posite sides or watercOurse, plaintiffs
tract extending above and below that of
the defendant. Rapids in the stream
opposite defendants premises created a
fall of about five feet. At the head of
these rapids he built wing dam, and
from point about fifty feet above the
QXn1Uafpd a 70.
in length over his own land, the lower
end being near the foot of the RAPIDS.
The water flowing through this canal
or race was used to propel the machin-
cry of a grist mill erected by de-
PENDANT 800 feet below the dam.
There was no testimony tending to
show that withdrawing the water
from the pond fifty feet above the dam
had any other or different effect upon
the head Of water than would have re-
suited had it been taken out exactly at
| the dam. The plaintiff had made no at
tempt to utilize the water upon his side
OF the stream. nor did it appear in evil
dence that he had mill privilege of any
value at any point upon his premises.
The trial court found as a matter of
fact that the dam was wholly upon the
defendants side of the middle, or
| thread, of the stream. that he had made
but reasonable use of the water. and
this without materially lessening or di-
minishing the quantity which otherwise
| would flow over the bed and along on
| plaintiffs side.
Held, that plaintiff was not entitled
| to an injunction restraining and enjoin-
ing defendant from maintaining and US
| ing his dam and canal. And further
| that he was not entitled to have any
| part of the canal or of the dam abated
| as nuisance.