St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-11-18
IT'S HORSE AND HORSE
The City Wins and Loses in
One Day in the Supreme
Court.
In Grading Streets the City
Must Reasonably Guard
the Slopes.
Two Minneapolis Cases Among
the Grist Ground Out
Yesterday.

the Grist Ground Out
Yesterday.
Supreme Court Decisions
Which Lay Down the Law
as She Is.
The supreme court yesterday handed
down five decisions, which affirmed the
orders of the lower courts, to the great
discontinue of the appellants. Tile
most important decision handed down
was in the case of Morgan r. Nichols
against The City of st. Paul, which ap-
pealed from decision of the lower
court, which had given verdict for
damages for the death of child caused
by the falling of the slope of earth and
rock on the side of a street being graded.
The supreme court upheld the decision
of the lower court that the city must
take proper precautions i'll the grading
of streets, so that no injury is sustained
by any person who hes a right TO be
five cases were as follows;
Morgan r. Nichols, as administrator, re.
spondent, vs. The City OF ST. Paul. Order
affirmed. COLLINS, j.
Mitchell, j., took no part in the case.
Syllabus: l. When grading its streets
it is the duty of the city of st. Paul to
build and finish such slopes as there
may be upon the sides thereof so that
they will be in a reasonably and ordi-
narily safe condition as to such persons
as may be lawfully in the streets, and
50 that they will not necessarily aid UNI
reasonably endanger the lives and limbs
of pasSers- by upon the sidewalks. >. a
request to charge made by appellant
from which, if it had been given, the
jury might have inferred that at no
time did the city have, or could ii have
acquired, the right to enter upon lot
abutting on street and either build
the slope thereof or render the same
reasonably safe and secure, was given
with qualification. Held, That the re-
quest should have been wholly refused,
and, further, that the qualification, as
made. involved no error of which ap-
pellant can complain. 3. Evidence con-
sidered and held to be sufficient to sus-
tain the verdict.
A. c. Stopp, respondent. vs.. Steamer Clyde,
ueIenudlC, howard A. IrumOOll ct al, ap-
pellants. Judgment affirmed.
COLLINS, j.
Syllabus: The statute, sec. 8, ch. IS, G.
S. 1878, chapter relating to actions
against boats and vessels. which au-
thOriZeS and directs that when judy
ment has been rendered in favor OF the
plaintiff and against the boat OF vessel
defendant execution shall issue the OBJ
ligorS in Il bond entered into according
TO the provision of the seventh section
of said chapter Is not unconstitutional.
George H. Cousins. appellant, vs. Marshall
II. Alworth ct al, respondents. Order af-
1irmed. COLLINS j.
Syllabus: l. The record in the Office of
the register of deeds of All attachment
of real property, which attachment has
been made i'll conformity with the
provisions Of sections Isl and
100, CHI. 66 e. S. 1878, relating to the
attachment of real property, is admissi-
BILE in evidence on the trial of an action
Involving the title to said property.
2. The original writ with the sheriff's
certificate of an attachment of such prop
erty Endorsed thereon is also admlssibies
III evidence at such trial, although the
same was lot returned and filed with
the clerk of the court until long after
the entry of Judgment.
3. In an action for the recovery of
money only, brought against non-resi-
dent on whom personal service of the
summons cannot be made, the plaintiff
is entitlt to have his Judgment entered
and dOcketed in form upon complying
with the requirements of subdivision
of Sec. 21O, q. S., supra.
4. The sheriff who attached the real
property III question made return that
he had attached it las the property of
the defendant" Held, that such return
was sufficient.
Lucinda Drew, appellant VS.. The City of St.
Paul, respondent. Order affirmed.
COLLINS, j.
sec. 125, CHI. 66, Gen. Stat. 1878, found
in CHI. 81, Gen. Laws 1887, an order of
the court vacatlng and setting aside
Judgment made under the provisions of
said section 125, does not affect the IL
tie to or estate i'll real property as
against bona fide purchaser or incum-
brancer thereof, in cases where the judy
ment has been of record in the proper
county for period of three years pre-
ceding the date of the application for
relief.
2. The record in this case, which
was brought to determine an ad-
bCloC SIdlli " CCl lulll lSdl tSIdIO, anu
the evidence as certified up, held sutfi-
cient to sustain a finding of the trial
court that defendant city was bona
tide purchaser of the premises in ques-
ton and within the provisions of the
amendment of 1887.
3. There are no constitutional rights,
or questions, affected by or in
Volved in either sec. 125 OF the amend
ment thereto.
Henry II. Bracket, respondent, vs.. William
Cunningham ct al, appellants.
COLLINS, j.
Syllabus: 1. The rule heretofore laid
down that where determination OF an
appeal depends upon the determine
ton, of an issue of fact, the settled case
must show, atfirmatively. that all of the
testimony pertaining to such issue is
presented, followed and applied.
2. Alleged erroneous rulings of the
trial court relating to the exclusion of
certain testimony, considered and dis
posed of.
The supreme court heard The follow
ing cases yesterday:
W. P. Marston. appellant VS.. Richard r,
Williams, respondent. argued and submitted
B. b. Carpenter ct al, respondents vs.
Artisans Savings Bank. appellant, submitted
on briefs.
john Devlin ct al, respondents, vs. c. E.
Quigg. appellant, argued and submitted.
Annie Darwin, respondent.vs. Keigher and
kavanagh, appellants, submitted on Briefs
Piano Lamp Shades in linen and silk.
Dryers.
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