Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1890-04-03
oP|NED BY THE COURT.
Some Important Decisions Hand
ed Down by the Supreme
Court Yesterday.
Two StutsmaM County Cases
Where Il Decision has been
Rendered.
Senator Pierce Pays II Glowing
Tribute to Their Loyal
Virtues.

i Virtues.
Supreme Court Decisions.
The supreme court convened in chamb
ers at Fargo Tuesday, to render decis-
ions in cases heard at the recent term.
Two of these cases, it will be remembered,
came from Stutsman county.
In the case of Amelia J. Bowman, as
administrator of tue estate Of Jno. M.
Bowman, plaintiff and respondent, VS..
NJ Eppinger, defendant and appellant,
the Judgment of the lower court was
reversed, and new trial ordered.
In the case of the Territory of Dakota
OK rel. G. $. Wallace and James Martin,
as assignees of Daniel R. Wallace, plain
tiff, vs.. Geo. w. Woodbury., ct al, county
commissioners of Stutsman county
defendants-the application for per-
emptory writ of mandamus was denied,
the motion to quash said writ granted,
and the writ quashed without prejudice
to new application. The writ was
applied for to compel the board to levy
tax to pay judgment of about $4,000
obtained on tax titles.
The decision in this latter case, which
is one of great Importance to the county,
was written by Chief Justice Corliss.
The following is the syllabus:
The granting or withholding of the
writ of mandamus rests in measure in
the discretion of the court, but that
discretion may not be capriciously
exercised. Where justice will be sub
served by Temporarily Withholding the
writ, and injustice might result from its
Immediate issue. the court will refuse to
issue it until different case can be pre-
sented. Judgment against a county.
having been affirmed by territorial su-
preme court, and an appeal having been
taken to the federal supreme court, but
no stay Of execution prescribed, this
court, in The exercise of its discretion in
mandamus cases, will regard the policy
Of this jurisdiction that an appeal to q
state court by a municipal corporation
shall operate as a stay without an under
taking, and in effect give the stay by
withholding mandamus to compel the
levy of a tax to pay the Judgment until
final decision in the federal supreme
court
To Fest the County Bonding Law.
It is understood that an important
case will come up today before the full
bench OF the supreme court, to test the
law allowing counties to bond for seed
wheat purposes. It will come up on
motion to restrain the commissioners of
Nelson county from bonding for this
purpose, and is understood to be d
friendly case in order to establish the
validity of the law, if possible. It will
be remembered that Ramsey county
sold her bonds issued for this purpose
to eastern parties who refused to take
them when the law was examined. Fred
Fulton then bought the bonds, but now
refuses to take them until the supreme
court passes upon this question. The
attorney general is expected to argue
this question.
The following general order was made
yesterday:
In all cases decided and handed down
on April l, 1890, except when counsel
consent to tax cost and have a remlttitur
sent down. the remittitur will be stayed
for a period of fifteen days after said
date, during which stay the defeated
party is allowed to file an application
Tor a rehearipg with the clerk Of this
court: and when such application is filed,
the same will be disposed Of on the first
, day Of the next term OF this court,
which will convene May 6, 1890.
Other Decisions.
| Among other decisions handed down
was reversal Of the decision OF the
lower court IN the O'Hair murder case.
He was sentenced for life, but now gets
a new trial.
In the Devils Lake tax eases tlie ,iecs-
ion of the lower court was reversed.
somebody's Husband Exposed.
one hundred miles from Jamestown, the
proprietor Of which doas not propose to
take out a druggists permit after July
1st, but. who. nevertheless, has on hand
some six dozen qt. bottles Of "Cherry
| Rock and Eye"--''i. spring lneaicine' the
willy clerk Will tell you, land the best
thing golr- to brace Up the system at
this time of the year" The most serious
problem which now confronts this knight
of the mortar and peste Is how to
dispose of this "sprlns medicine" before
the operation OF the prohibition law
makes the selling of "malt, vinuous,
spurious, alcoholic Or iermented liquors.
illegal This problem, a youthful sales.
man. who is destined to rise to eminenco
in the "coinpounCing' business II his
enthusiasm holds out. has undertaken to
solve for the proprietor. An Alert man