davidaulloa/AmericanStories huggingface dataset:
St. Paul daily globe., 1891-05-13
BALM FOR LITIGANTS.
Appellate Judges Blucidate
the Law Upon Seventeen
Knotty Questions,
Which Have Been a Source
of Revenue to Scores OF
Lawyers,
Though Nothing But Worry
and Expenditure Of Money
to Litigants.
Five Decisions Of the Lower
Court Found to Be Out Of
the Legal Rut.

The judges of the supreme court yes
terday slgnaliZed themselves by filing
seventeen decisions, more or less of an
important character. Three decisions
related to personal injury cases. One
of these was the appeal OF Charles Kali
len, by his guardian, etc, respondent,
VS.. Southwestern Bedding Company. APP
pelIant. The ruling of the court upon
points raised was: Whether it was negll-
gence on the part Of defendant to put
plaintiff at work on certain machine
without informing him of the dangers in
cident to operating tor whether plaintiff
ought in the exercise of ordinary pru-
dence to have fully understood these
dangers without being told of them.
was question for the jury. Evidence
that the plaintiff was negligent Oh for
mer occasions in handling the machine
was properly excluded because not fur
nishing any legal ground for an infer
ence that he was thus negligent at the
time he sustained the injury COM
planned of.
St. Paul daily globe., 1891-05-13
To BE Limited.

R. e. Shepherd. respondent, VS.. Edward K
Ware ct al, appellants. Judgment affirmed.
VANDERBURGH j.
The state may clothe the district court
with power to adjudicate the title and
ownership to real property upon con-
structive service of process on adverse
claimants. In such cases the judgment
is to be limited in its effect to the prop
erty described in the complaint and the
action is in the nature of a proceeding
in rem. The legislature may, there
fore, provide for constructive or substi-
tuted service of process in actions to
determine adverse claims to land in
cases of necessity CT where personal
service is impracticable. and with rea-
sonable exercise of such legislative dis
cretion the courts will not interfere.
Laws 1881, extra session chapter 81, pro-
viding for the service of process upon
unknown claimants in that class of
actions held constitutional.
St. Paul daily globe., 1891-05-13
DIED.
RTSSEIJTp

RUSSELL--In st. Paul Mimi. May u, 1891,
at the residence of Ii. P. Hopping, 579
Selby avenue, Mary Gaskell, wife of b. S..
Russell. of jamestown, n. D. Funeral
Towanda, Pa.
ROCHE-In this city. May H. 1891. John Viii
son Roche, aged sixty-two years. Notice
of funeral hereafter.
MERRIAM-In st. Paul, May IL. 1891 Am
Laura Hancock and William 4. Merriam.
aged three years and three months. Funeral
private.
St. Paul daily globe., 1891-05-13

CONTRACT WORK-SEWER ON HALL
~ AVENUE-Oficeo of the Board of Pub
lie Works, City of st. Paul. Mimi, May g.
1s91.--Sealed bids will be received by the
poration of the City of st. Paul, Minnesota,
at their office in said city, until u m. on
the 18th day of May A. D. 1891, for the con-
struction of sewer on Hall avenue. from
Delos street to Prospect Terrace, in said
city, according to plans and specifications
on file in the Office of said Board A bond
with at least two (2) sureties in a sum of
at least twenty (2Ol per CENT or certified
ten (10) per cent of the gross amount bid,
must accompany each bid. Said check shall
be made payable to the Clerk of said Board.
The said Board reserves the right to reject
any and all bids.
r. L, GoRMAN, President.
Official: j. T. KERkER
Clerk Board of Public Works
may7-10s
St. Paul daily globe., 1891-05-13
OoNF1RMAT1oN OF ASSESSMENT Fof

CONFIRMATION OF ASSESSMENT FOR
- GRADING THE ALLEY IN BLOCK
TWO (2) OF SCHURMEIER AND EVANS
ADDITION-Ofice of the Board of Public
Works, City of st. Paul, Mimi, May IL, 1891.
The assessment of benefits. costs and ex-
penses arising from grading the alley in
block two (2) of Schurmeier and Evans ad-
dition to st. Paul, in the City of st. Paul. Min
of Public Works in and for said city, said
Board will meet at their Office in said city,
at 2 p. N. OH the 25th day of May, A D.
1891, to hear objections Qf any to said as
sessment, at which time and place, unless
sufficient cause is shown TO the contrary
said assessment will be confirmed by said
Board.
The following is a list of the supposed
owners names. a description of the property
benefited and the amounts assessed against
the same, to wit:
Schumeier and Evans Addition to St. Paul
Supposed Owner and
St. Paul daily globe., 1891-05-13
An Assignment. 4

S. A. Ander on. appellant. VS.. Timothy
ReardOn. respondent. Order reversed.
Where the owner of a chose in action
executes to another an assignment of it,
absolute in terms, such assignee is the
party in legal Interest. and may maiu-
tGin an action on the demand in his own
name, although there be verbal agree
ment between the assignor and assignee
that the latter, when he collects the
money, shall hold it as trustee for the
same,
St. Paul daily globe., 1891-05-13
Service of Process.

Guiterman Brothers respondents VS.. Paul
Sharry, appellant. Order affirmed.
MITCHELL, j.
While the law requires of public
officers only reasonable diligence in
the service of process, yet what con-
stitutes reasonable diligence depends
upon the particular facts in connec-
tion with the duty. as, for example, the
special instructions given or the ne
cessity for quick action. Evidence in
this case held to justify a finding that
delay from 4 O'Clock in the afternoon
until 10 o'clock next day to make a
levy under an execution was reasonable
and diligent.
St. Paul daily globe., 1891-05-13

VANDERBURGH. j.
Under chapter 112, Laws 1888. an
action to set aside foreclosure sale
made under power must be brought
in all cases with reasonable diligence
and not later than five years. What
may be determined to be reasonable
diligence must depend largely upon the
circumstances of each case. But notice
which Is fairly sufficient to put per-
son upon inquiry is sufficient to create
the obligation of subsequent diligence.
knowledge of the fact that mortgage
had been foreclosed under power
held sufficient to put the mortgagor
nnder inquiry as to the regularity of
the proceedings in execution of the
power, and such inquiry will become a
duty if he desires to question the same
within the statutory period.
St. Paul daily globe., 1891-05-13
Valves His Right.

Skinner ct al, respondents. Order af-
frmed VANDERBURGH j.
Where the defendant III an attach
ment voluntarily procures its discharge
eX-parte by executing the statutory bond
provided for by General Statutes, chap.
l, sec. 157, he valves his right to move
to dissolve the attachment under sec.
15S. Where the attachment is dissolved
in this way by the voluntary action of
the defendant and without an oppor-
tunity to the opposite party to test its
validity in the same proceeding, an ac-
ton for wrongfully procuring it to issue
cannot ordinarily be maintained.
St. Paul daily globe., 1891-05-13
VAGs IN VARIETY
And Minor Offenses in Quantity
Before the Police Court.

anu minor OuonSGS III quantity
Before the Police Court.
The municipal court yesterday fur
nished a variety of law breakers for
Judge Twohy's attention. Eleven bar
bers were arraigned for violating the
Sunday ordinance, and scraping chins.
The prosecutions are instigated by the
BARRIERS union, and the cases went
over until next Tuesday. For being
drunk NJ. Bassett. julius Riel, E. La
Bras, Nick Dertney, and William Car
roll were fined $40 each. La Bras put
up his money, but the rest, being out
of funds. went to Como for ten days. j.
McQuaid. an old offender, went to the
bastile for thirty days for worshipping
Bacchus too freely.
Wentzel Hebel, charged with being
drunk and disorderly. was discharged
with reprimand from the Judge.
James Truax. a steamboat man who
St. Paul daily globe., 1891-05-13
Claims to Property.

E. K. Ware, respondent, VS. j. c. Easton, ap-
pellant. Judgment affirmed.
VANDERBURGH, j.
The provisions of Gen. Laws, ex. sess.,
chap. 81, for the service of process upon
unknown claimants by publication. in
action to determine adverse claims to
real property, must be strictly construed
and complied with. When it appeared
that the land in controversy had been
patented to Ii, and that K and d were
holders of tax titles and the latter only
were named in the complaint and sum-
mons, together with all other persons
unknown claiming any right" etc,
held insufficient as against unknown
persons claiming title under it.
St. Paul daily globe., 1891-05-13

ciated, and are active as a corporation
under color of lawful authority as such,
though their corporate organization is
legally defective, subscriber to the
corporate stock who was a promoter of
the corporate organization, and who has
acquiesced in the subsequent proceed
ings in incurring liabilities and issuing
stock. is also est0pped to deny that the
association is a corporation de facto, OF
that the stock so issued is valid.
St. Paul daily globe., 1891-05-13
Justified the Jury.

Peter Beaustrom, respondent. VS.. Northern
Pacific Railroad appellant. Order affirmed.
MITCHELL, j.
Evidence held sufficient to Justify the
jury in finding that the defendant was
negligent in running train at high
rate of speed over village street cross
ing without giving the necessary signals
of its approach sufficiently near the
crossing TO be heard by travellers. 1t
was also sufficient 10 Justify the jury in
finding that plaintiff. before attempting
to cross the railway, looked and listened
for approaching trains. And whether,
under the circumstances, ne ought to
have taken additional precautions was
a question for the jury.
St. Paul daily globe., 1891-05-13
Enforce a Contract.

MINNESOTA Gas Light EcOnomiZer COMPANY,
respondent, vs.. lie Grand n. Denslow, an,
pellant. Order affirmed.
NANDERBURGH, j.
The defendant recognized and con-
tracted with the plaintiff as a corpora
tion. Held, that he is estopped TO deny
its corporate character so far as may be
necessary to enforce his contract made
with it under its corporate name.
Where a number of persons are asso
St. Paul daily globe., 1891-05-13
Reduce His Stock.

c. c. Fulton. respondent, VS.. The American
Building Stone Association, appellant.
Order reversed. MITCHELL j.
Under the terms of a certificate of
membership in the defendant associa-
ton. and of owerShip of its stock, a
member is not entitled to reduce his
stock ana demand new certificate for
less number of shares until he has
paid all dues in arrears on the old cer-
tificatcS
St. Paul daily globe., 1891-05-13
A Foreclosure.

F. Sydnor kirkpatrick, respondent, VS..
Martha E, Lewis ct al, appellants.
MITCHELL, j.
A notice of foreclosure sale under a
power, after stating the amount then
claimed TO be due on the mortgage for
principal and interest, stated that the
mOrtgaged premises would be sold to
pay SAID debt and interest 'and the
taxes, if any, on said premses." Held
good.
St. Paul daily globe., 1891-05-13
Vacate an order.

James J. Little, respondent VS.. L. L. Leigh
ton, appellant. Order affirmed.
MITCHELL, j.
An order refusing to set aside and va
cate an order denying new trial. Held,
that upon the facts of this case there
was no abuse of discretion in refusing
to grant leave to renew motion for a
new trial which had previously been
denied.
St. Paul daily globe., 1891-05-13

Our stock is vast, and we
are Offering these prices to
keep our goods moving,
thereby keeping a new, fresh
line constantly on hand.
St. Paul daily globe., 1891-05-13
BROWNING, KING eco.
The Largest Manufacturers in the World of
Reliable Tailor Made Clothing J!
The Largest Manufacturers in the World of

We have reached the season of the wear when Won
interested in what is known as Comfortable Warm
Weather Clothing In this line stock is splendidlv
complete. We have just received large shipment
direct from factory, at greatly reduced prices to
clear out the seasons product The superiority of these
garments is acknowledged by ALL such reliable bar.
gains shown in this neghborhood.
St. Paul daily globe., 1891-05-13

Church. 2S, ,29&3O 2 122. .65
All objections to said assessment must be
made in writing and filed with the Clerk of
said Board at least one day prior to said
meeting. r. L. GORMAN, President.
Official: j. T. KERKER,
Clerk Board Public Works.
St. Paul daily globe., 1891-05-13

Mothers give Angostura Bitters to
their children to stop collie and loose
ness of the bowels. DR.. j. q. B. Siegert
&Sons, sole manufacturers. At all drug
gists.
St. Paul daily globe., 1891-05-13

WITT COSTS MORE to make Royal Bak-
! ing Powder than any other, because its
ingredients are more highly refined and
- expensive. But the Royal is correspond
ingly purer and higher in leavening strength
and of greater money value to the consumer.
Attempts may be made to substitute other pow
ders for the Royal by the grocer, because of the
greater profit in them to him. Send them back.
The the department of Health of Brooklyn after examining
the powders sad "Ihe Royals all baking
with regard eavening economy healhuness"
St. Paul daily globe., 1891-05-13

John P. Grommes ct al, appellants, vs. Clara
L. Schultz, respondent. Rule laid down
in Hicks VS.. Stone, 13 Mimi. 434, applied
and order granting new trial affirmed.
MITCHELL, j.
St. Paul daily globe., 1891-05-13

land, respondent Order affirmed.
VANDERBURGH, j.
Plaintiff by an instrument under seal
assigned and conveyed to the defendant
one-third of the estate acquired by him
under the Will of their ancestor in
settlement of dispute and threatened
law suit respecting the validity of his
will. Held, that, being an executed
transfer, it would be set aside for fraud
only, and that the evidence in the case
was insufficient to show that it was pro-
cured bV fraud
St. Paul daily globe., 1891-05-13

MITCHELL, J.
A demurrer should not be struck out
as frivolous unless it be manifest from
mere inspection and without argument
that there was no reasonable ground
for interposing it, and hence that it
was presumably put ID in bad faith for
mere purpose of delay. 1t should not
be struck out where there is such room
for debate as to the efficiency of the
pleading demurred to that ali attorney
of ordinary intelligence might have in-
terposed a demurrer III entire good
faith.
St. Paul daily globe., 1891-05-13

Louis w. Schroeder, 16 East Sixth
street
St. Paul daily globe., 1891-05-13

Furniture! Furniture! Furni-
tllPe.
AT bargain prices. Louis W. Schroe-
der, IL East Sixth street.
St. Paul daily globe., 1891-05-13
REv.P. S. HENSON,D.D.

The Eloquent Pastor of the First Baptist
Church of Chicugo, Does Suffering HUI
manity Great Service by Telling His
Experience with q Great Family
Medicine. Read:
IAN almost fatal attack of La Grippe last
winter left me with nasal Catarrh and such
susceptibility to bronchial irritation that the
slightest exposure would develop it, and very
little effort in public speaking would result
in a distressing hoarseness, SO that l had
serious fears of permanent disability. Be-
sides l suffered with dyspeptic troubles
notably what is popularity known as heart
burn. from which found it difficult to OBJ
tain relief. l was induced by a friend to try
KINGS ROYAL GERM HEETUEIs. and
it gives NE great pleasure to say that its ef-
feet has been as magical as 'Kochs Lymph
is reputed to be, which is also q germ de-
stroyer, though taken in different way.
''Catarrh, bronchial irritation and dyspep-
sia have all disappeared before one bottle of
GERMETUER has been used.
"Chicago, Dec. 10. 1S90.' P. S. HENSON.
GERMETUER cures by killing
the disease germ. 1t is a Specific for
Catarrh, Neuralgia Dyspepsia.
Rheumatism. Lung. Blood, Liver.
Kidney and Bowel Trouble. 1T is
WOMAN,S BEST FRIEND. regulate
ing all Irregularities.
Will be sent anywhere c. o. D. for S1.00
per bottle,
KINGS ROYAL GERMETUER CO.,
240 La Sale St, Chicago.
For sale by druggists. Wholesale by Noyes
Bros. 4 Cutler, st. Paul, Mimi.
St. Paul daily globe., 1891-05-13

THE ST. PAUL TRUST COMPANY
Offices, EndicOtt Block, Fourth
street-Acts as executor admin
istratOr, guardian, trustee, as
signee, receiver. etc.
St. Paul daily globe., 1891-05-13
The Chase Combination Plate
UDhOlStePY.

For artificial teeth. DR.. Greene Denta
Parlors, corner Seventh and Broadway
St. Paul daily globe., 1891-05-13

CONTRACT WoRK-PAVING ALLEY.
~ BLOCK "a, ST. PAUL PROPER-Office
Of the Board of Public Works. City of St
Paul, Mimi, May 9, 1S91.-Sealed bids will
be received by the Board of Public Works in
and for the corporation of the City of st.
Paul. Minnesota. at their Office in said city,
until II m. on the 21st day of May, A. D.
1891, for paving the alley in block twenty
four Ga St Paul Proper, in said city, with ce-
dar blocks, according TO plans and specifica-
tons on file in the Office of said Board.
bond with at least two ~ sureties in
sum of at least twenty COZ per cent, or a GER
titled check on a bank of st. Paul, in a sum
of at least ten Q0) per cent of the gross
amount bid must accompany each bid Said
check shall be made payable to the Clerk Of
said Board.
The said Board reserves the right to reject
any and all bids.
RI. GoRMAN, President.
Official: j. T. KERKER,
Clerk Board of Public Works.
may11-10t
St. Paul daily globe., 1891-05-13

ing all of above points with through train
service, and has better night service than any
other line. Day trains have reclining chair
cars.
St. Paul daily globe., 1891-05-13
Room for Debate.

Hatch g. Essen Improvement Com pany, re.
spondent, VS.. Joseph T. Schuster, appel
liant. Two cases. Judgment reversed.
MrTcrIrTr T
St. Paul daily globe., 1891-05-13
FACTS AND FANCIES.
Use PiIlsbtary's Best
eceives the highestaward everywhere

All the SuperiOrs and Duluth.
Going to East Superior. Old Superior and
West Superior and to Duluth lake 1.-The
St. Paul daily globe., 1891-05-13
For Fraud Only.

Michael Copley, appellant, VS.. Winifred by
land, respondent. Order affirmed.
NLNnEnPuPcu I
St. Paul daily globe., 1891-05-13
Within Five Years.

William Marcatte ct al. respondents, VS..
Ferdinand W. Hartman ct al, appellants.
Order denying a new trial reversed.
r
Waterbury evening Democrat., 1891-01-10
FARM LIFE IN WINTER.
The Quiet Joys of a Country Life Are F,
 of Peace and Rest

The Quiet Joys of a Country Life Are Full
 of Peace and Rest.
 Breakfast, a meal that quite puts to shame fashionable luncheon, is had before daylight, and by nine o'clock on snowy, winter morning the house has been put in order, and the good wife and daughters, with smoothed hair and freshly laundried aprons, have set tied quietly down to the sewing or patchwork with which the family basket is always full and running over, for idle hands have no place in the economy of farm life, says writer in the Jenness-Miller Magazine. Cor geous bed quilts are always on the way, and she who has not store of them is considered a worthless, shiftless sort of girl, who has no reason to expect a hus- band, and, indeed is not thought deserv- ing of one.
 Grandmother always knits, as her eyeslght is failing, and her practised hands can almost ''heel and toe" a stocking in the dark; and then there are always three or four calico dresses Fin process of making, for these women are their own dress-makers, and the small, low-ceiled bedrooms are always hung with first, second and third-best calico gowns, which are donned with as great a respect for occasion as city belle shows when she dresses for a dinner, a reception, or an evening party. The women have not been settled around the big wood fire long, when they are joined by the men, who have done the feeding" which is about the sum total of their days labor when the weather is very cold.
 If the stage comes in, notwithstand- ing the bad roads yesterday, Goodman Farmer has his weekly papers to-day, and reads them long and thoroughly, not so much as an advertisement escap- ing him, and, when he has finished, his quiet wife stretches out her hand for them, and eagerly seeks the story col umn in a way that would go straight to the heart of struggling young authors could they see the avidity with which their work is seized upon.
 And so the winter days go by. Their is no real leisure like that enjoyed by country people in winter time.
Waterbury evening Democrat., 1891-01-10
NEWS OF THE DAY.

Bradstreet's reports 391 failures in the United States during the week, against 3O3 in the preceding week.
 Christian Joss, a farmer of Carlstadt, N. J., cut off three of his toes while chopping wood in the cedar swamps at Seacaucus.
 Charles J. J. Witt of Nordhoff, N. J., sold his wife for SEQ to his stepbrother. who married the woman without the formality of a divorce.
 Joe McAuliffe, the heavyweight pugil- ist, was a passenger on the White Star steamer Britannia, inst arrived in New York from Liverpool.
 Passaio, N. J., is excited over the des- titution of the Schmidt family in that city. Mrs. Schmidt is the sister of John Radel Newark millionaire.
 Senator Vest was unanimously re-nomi- mated by the Democratic caucus of the Missouri Legislature. As the Democrats have large majority MT. Vests elec- tion is assured.
 It is said that an agreement has been reached between the Servian re- gency, ex-King Milan and ex-Queen Natalie, whereby the ex-Queen consents to reside permanently outside of Servia.
 It is reported that the late Dr. Schlie- mann, the great archeologist, was an American citizen and that he has a wife now living in Indianapolis, whom he provided for in his will.
 Detective Kavanagh, of Rochester, N. Y., has been sued by George M. Collins, of Buffalo, for $30,000 damages for aI- legged false arrest and Imprisonment. It appears his arrest was eau sed by the fact that another man used Collins name
 The real estate of the Huntingdon, Pa., Manufacturing Company was pur- chased by the Iron Car Equipment Com pany of New York city at a receivers sale, subject to q mortgage of $4O,- GOO. The new company now has the con trol of the entire plant.
 Private advices received in London via Buenos Ayres, represent that an at tempt to impeach President Balmaceda, growing out of his long conflict with Congress, led to general riot. The la test reports say the Government has SUD- pressed the disturbance
 Daniel V. Arginmbau, of the firm of Arginmbau & Wallis, fruit importers of New York, committed suicide dur ing the morning at his home, SC Second Place, Brooklyn, by shooting himself in the head. Business troubles and fam lily illness is supposed to have been the cause.
 Jonathan Brown & Sons, of Salem; Mass, at whose extensive shoe factory there has been a strike of 150 operators for several days, have announced that they will open free shop next Monday If their employees do not return. Richard P. Barry, of the Board of Arbitration. is trying to effect a settlement.
Waterbury evening Democrat., 1891-01-10
si1AYER HOLDS ON.
Nebrasla's New Governor Assumes the
 Duties of Oface.

Duties of Ofnce.
 2ADoLN, Neb. Jan. 10.-Ex-Govern Thayer applied to the Supreme Court for @ quo warranto restraining Governor Boyd from exercising the functions of :is office. Judge Maxwell stated to Thayer's attorney that inasmuch as their petition admits that Boyd is Gov ernor, their position is untenable. Max we'll believes Boyd to be Governor and refuses the writ. The Supreme Court then adjourned till Tuesday.
 The Board of Public Lands and Build ings is in session and has notified Thayer to vacate the Governors rooms or the board would officially designate another room to be the Governors headquarters. Thayer is locked in his room with friends, some of whom advises him to submit gracefully and not have to be elected dishonorably
 At 12:30 Thayer requested the crowd to stand back from his door and said: 'I will not surrender until the proper tri- bunal declares shall" All the mail was delivered to Governor Boyd by the mail carrier. Governor Boyd has been duly installed, and he,prohibitionists and their allies, the farmers, have been defeated.
 In tine Senate Lieutenant Governor Majors is presiding Gov. Boyd has ordered Adjutant Cole to report to him for directions and to disperse the militia on duty.
 The constitution gives the Governor power to declare the Legislature ad- journed if he so desires. It is now ru- mored that Gov. Boyd will adjourn the Legislature if they do not proceed regu- larly to business.