St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-12-31
celebration will wind up with a ban
THE HIGHEST COURT.
Seven Important Principles and
as NYnnv Decisions

Seven Important Principles and
as Many Decisions.
The supreme court is not idle, al
though the new term, which begins
Jan. 8, is near at hand. Seven deci-
sions were HANDED down by that bench
yesterday, as follows:
Henry C. Waite, respondent VS.. Corinne hi
Nlvaldl Coaracy, appellant. Order re-
| Nersed. DICKINSON, j.
In an action 10 quiet the title to real
estate, the summons having been served
by publication, and Judgment having
been rendered after default on the part
of the defendants the court may in its
discretion set aside the Judgment and
| allow defense to be made, although
more than one wear may have elapsed
since the rendition OF the Judgment.
| Lord VS.. Hawkins, 50 Mimi. IS followed.
y defendant having died. one who
| has succeeded to the estate of the de-
! ceased since the rendition of the judg-
ment may be thus let in to defend.
Although death is to be presumed
| after the lapse of seven years, during
which time person has not been seen
or heard of by those who would have
naturally had information if he had
been alive, vet circumstances may Just
lfy the conclusion that death occurred
prior TO the expiration of that period.
Louis II. Maxfield ct al, appellants. VS..
Michael Schwartz ct al, respondents.
Order affirmed. DICKINSON, j.
When one OF two contracting parties
is fraudu;ently induced to execute a
written instrument upon the false rep
reSentatiOn that it expresses the agree
ment which they had made, the party
deirauded may defend against the en-
forcement of the fraudulent inStru-
ment by the other party. even though
he may be chargeable with want of pru-
dence in relying upon the false repre-
sensations.
This defense may also be made when
third party, for whose benefit the con-
tract was made, seeks to enforce it.
John Il. s. Cosgrove et al, appellant. VS.. f.
y. hohler, respondent Order reversed.
DICKINSON, j.
Verdict, upon an issue as to the title
to personal property, held to be unSus-
tanned by the evidence.
Mary o Conner, respondent. vs.. r. C. Jeff,r
sen, appellant. Order affirmed.
DICKINSON, j.
Complaint held sufficient to charge
all the defendants with liability tor 4
conspiracy, carried into effect to defraud
plaintiff OF her property.
State Of Minnesota, respondent, vs.. Redwood
Falls Building and Loan Association, APP
pellant Order affirmed.
DICKINSON, j.
Mortgages held by mutual building
associations, incorporated under our
general statutes, held subject to taxa
ton, the stock of the association not
having been taxed. The right of mem
berS Of such an association under the
bylaws, upon one months notice, to
Withdraw from it the contributions they
have made to the funds, is not appica-
bic 10 loans made by the association.
Only the funds in the hands of the as
ISOLATION can be thus withdrawn. The
determination Of the district court Is
affirmed.
Morris F. Fuller ct al. appellants, vs.. John
Roller ct al. respondents. Order affirmed.
DICKINSON, j.
a judgment roll in a former action
held lnadmiSSibe in evidence because
1t contained af1idavits which were not
competent evidence as to the matter
being tried, and because the Judgment
did not determine anything relative to
such matter
Collins, j., did not take any part n
this discussion.
State of Minnesota, respondent VS. Thomas
&. Brown, appellant. Order reversed.
DICKINSON. J.
\ justice of the peace has jurIsdic-
ton to make warrant in criminal
proceeding returnaGle in city ward
adjoining that for which he was elected.
and to there proceed to judgment.
Such judgment, even though errone-
Gus, will sustain plea Of former con-
VictiOn. The order sustaining the de-
murrer is reversed.