St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-07-11
THE HIGHEST TRIBUNAL.
A Quintette Of Decisions Handed
Down Yesterday.
The following supreme court de-
cisions were filed yesterday:

Sylvester Kip Ell al, respondents, VS.. Sarah
Cook, appellant order affirmed.
COLLINS, j.
The rule laid down in Gill VS.. Brad
ley, p Mimi, -. that the district court
of the county designated in the COM
plant has jurisdiction to try an action
brought to determine right or interest
in real property situated in another
county, unless, before the time expiring
for answering expires a demand be
made for change of place of trial to
the pr oper county, and the venue be
actually changed, followed in such an
action, and in which the summons was
served by publication only. The facts
in the case as they appeared from the
morning papers examined and cOnSid-
cred. Held, that the district court did
not abuse its discretion when it
denied defendants motion to vacate
the judgment and for leave to answer.
Jerome E. Madden, as assignee, etc, re-
srOndent VS.. William Ostrich, appellant.
Order affirmed. COLLINS, j.
Syllabus-The evidence examined
and considered in an action brought to
recover the contract price for drilling
and sinking well. Held, that from the
evidence the jury was justified in find
ing that the contract had been substan-
tally performed blythe contractors.
William Dampier, respondent VS.. The St
Paul Trust Company, appellant. Order
affirmed. COLLINS, j.
Syllabus: The rule that an executor,
If he have sufficient assets, is liable to
an undertaken, who, at the request of
those in charge of the remains of a de-
ceased person. rendered services in and
about the interment, is the same as the
ease of an administrator. An admins
traitor who, having assets in his hands.
refuses or neglectS TO pay the funeral
expenses of his inteState. being request
ed to do so, is individually liable at the
suit of the undertaken. Proper funeral
costs and charges are expenses of ad-
ministratiOn and are to be paid by the
administrator or executor out of anv
funds in his hands, ne receiving credit
for the amount upon his account. Such
costs and charges are not claims. and
demands which must be first presented
to the Judge of probate for examination
and allowance.
Ernest J. Hulcher. appellant, vs. The City of
Minneapolis, respondent Order affirmed.
COLLINS. j.
A cause of action for the recovery of
damages is not stated against a NUM-
cipal corporation by the lain;iff-an
Bbutting lot OWner-in a complaint in
which the only act complained of is the
passage by the city council and the sub
seQuent approval by the mayor, without
the consent of the plaintiff and without
any compensation whatever to him, of a
resolution or ordinance declaring a part
Of public way, abandoned ana vacated.
The Warder. Bushnell d Glessner Company,
respondent, vs. V. J. Willyard, appellant.
Syllabus. Judgment affirmed. COLLINS j.
Admissions found in an unauthorized
pleading, MED in justice courts, may be
condemned and treated by the courts in
the nature of formal admissions made
by the party upon the trial of same.
Where the holder of a written security
OF evidence of debt has altered or
changed the instrument in a material
part to his own advantage, with inten;
TO defraud his debtor, a recovery will
not be permitted in any form of action
The fraudulent alteration Of the inStru.
ment extingusheS the debt which il
secured or evidenced. When an action
is brought, as on the original Indebted
ness, in such a case the alteration of the
written security or evidence of the deb
is presumed fraudulent. and the burden
of the proof IS upon the plaintiff Il
show that there was no fraudulent in
tent when the alteration was made.