St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-07-23

decisions bear his signatures:
Charles P Chouteau Jr. ct al, appellants.
vs. George N. Hunt respondent. Judg-
ment affirmed. COLLINS j.
Syllabus: In a list of taxes delin-
quent for the year 1873, published as
required by section 112, chapter l, Gen
erai Laws, 1874, in the column of said
list headed amount and opposite a
description of the town lot herein in
volved, appeared figures thus,7 03. Held.
that these figures clearly indicated the
amount Of tax claimed against said lot
as S7.03.
Second-The affidavit of the county
auditor, which must be returned with
the delinquent list to the clerk of the
court, as provided by section ITO, chap
ter 1, supra. is no part of the. list and
need not be published with it.
Third-It is immaterial whether the
notice prescribed in section Ill of said
chapter precedes or follows the list
proper if it be attached to it when pub
lished.
Fourth-The list in this case was pub
lished on the LIST, 9Th and 18th days of
August, and the judgment was entered,
for want of answer, on Sept. 1, before
the expiration of twenty days from the
last publication. Held. that while an
irregular entry of judgment, and liable
to be set aside upon proper and season.
able application, the judgment was not
void nor vulnerable to collateral at
tack.
Fifth-Under the proper heading in
the judgment the premises in dispute
were described as in the Second ward,
town of st. Anthony. 1t appeared from
the complaint and from the deeds under
which plaintiffs claimed that the prem
ises were in a plated tract of land
known and named in the recorded plat
as the ''town of st. Anthony" Held,
that the general description was Sufi-
cient.
Sixth-The particular description of
the premises, as found in the columns
on the right of that containing the gen.
eral description, i'll cclums headed s'Sec-
ton or Lot" and Township or Block. !"
Held sufficiently definite and certain in
the judgment.
Seventh-Other objections to the tax
proceedings under which respondent
claims title considered and disposed of.
John R. Joslyn, respondent, vs. The St.
Paul Dlstilling Company, appellant. Judg-
ment reversed. COLLINS, j.
Syllabus: First-A stock certificate
issued by a corporation hav ing power
so to issue, in which it is stated that a
designated person is the owner of a GER
tain number of shares of stock trans
ferable only on the books of the associa-
tiOn on the Endorsement and surrender
of the certificates itself, is a continuing
affirma tion as to the ownership of the
stock, and that the corporation will
transfer the stock upon it's books I'M
less the certificate is first surrendered
Second-Such a certificate is an as
surance to the commercial world that
the shares of stock are the property of
the person designated, and that he has
the power and right to transfer and sell
the stock until this power and right has
been lawfully terminated.
Third-Sec. la formerly Sec. 49),
Oh. "a, G. L. 1878, was intended solely
for the benefit and protection of the
corporations, following Baldwin VS..
Garfield, 26 MINI. 43.
Fourth-By it's decree the court be-
low commanded the defendant corpora
ton to cancel, to a certain extent and
amount, stock certificate which had
been previously issued to one H., in
which was the statement as to owner
ship and transfer above mentioned and
III lieu t16T6Ol W lSSu6 duOGiltT C6TGlu-
cate to the plaintiff. The court had
jurisdiction of the de PENDANT corpora
ton and the defendant III, but did not
have possession of the certificate VIII ich
it attempted to cancel. Held, that the
decree was erroneous.
Mary Kakowsky, appellant VS.. The City of
Duluth, respondent. Order affirmed.
COLLINS, j.
Syllabus-That part of Sc ction of
chapter of the charter of the city of
Duluth (ch. 2, spec. Laws 1887 which
refers to the establishment of system
of graduation for streets, avenues and
alleys, and to a change Of gradient
lines construed. Held, that the munich
pal authorities of the city have the
power to change grade lines. therefore
established and fixed by the authorities
of its predecessor, the village of Du
luth.
In the matter Of the assignment of Theodore
Shotwell ct al, William Clark, appellant,
VS.. A. H. Lindeke, etc., respondent Order
affirmed. COLLINS, j.
Syllabus-A contract entered into be-
tween the appellant plaintiff and the
assignors of the respondent under the
insolvency act considered and con-
strued. Held, that by reason of said
contract and its terms and conditions,
appellant cannot be permitted to act
as creditor in the distribution of the
occntc of tho ipcOlVnutS