St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-11-27
M'CARDY Baked.
Tom kenaley Is Entitled to His
Pension by Judge kelly's
Ruling.
The Pension Board and Mayor
Wright NEUTRALITY-SUSPICIOUS. Of
Interest.

Judge Kelly filed a decision yesterday
| in the case Of Thomas Kenaley against
The City of st. Paul. This is the case of
a refusal of Comptroller McCardy to
pay a pension allowed to Detective
Kenaley. Judge Kelly finds that the
| man is duly entitled 10 a pension, and
has ordered Judgment in his favor for
500. with interest, on each of the two
months pension sums, from the date of
becoming due. and also gives him costs.
In review of the case the court states
that detective is not excluded from the
provision pensioning policemen, as the
word policeman embraces the word de
Jective. as defined in tho Century die
uonary. In response to the claim, of
Mr.. McCardy that any one might be
placed on the pension roll as detec
tive, the court says that fraud can
be easily shown in such case ii it should
arise, and the record of the police pen
sion board is 'priIna facia evidence of
the facts necessary to found this de
cSion.
Judge Otis has dismissed the order to
show cause in the divorce case of Helen
M. johnson against Alex E. Johnson.
The application was to require Mr..
not pay additional suit money and tenn
porary alimony; also that he be de-
clared in contempt for not paying the
temporary a!ilnony previously ordered.
The question was raised as to whether
an order to pay almOny and attorney
fees is appealable. Judge Otis says it
has generally been held that it is an APP
pealable case, on the ground that such
all order is in the nature Of a final judy
ment for the payment of money, the
only court holding to the contrary being
that of Michigan. Even that court holds
that an order adjudging contempt is
appealable.
Judge Kelly has filed all order grant
ing judgment in favor of the defendant
in the case OF Elmer M. ChurchWard
against Solomon l.. Levy and Samuel
NJ. Magotfln. 1t is held that the author
ity to sell land,at fixed price termin-
ated at certain time, and the plaintiff
therefore has 10 right to compensation
as an agent. Authority given by tele
gram is held to be sufficient writing
under the statute of frauds.
Judge Kelly has filed an order in the
case of The Village of North st. Paul
against II. Hurl, deciding that the order
of }. B. Mclean, a justice of the peace.
be reversed. Hurl was punished under
an ordinance preventing peddling in
the village of North ST. Paul. 1t is held
that the ordinance is imperative. The
same order was made in the case of j.
f. Mcguire - rns.s
The service of summons in the case of
Flora G. Reid against j. w. Ham has
been set aside by Judge Kelly. Ham
was brought here from Salt Lake City
on criminal charge. and it is held that
the service of civil process Oh him while
in jail, he being a citizen OF Utah, is
invalid.
Judge Kelly has granted Bertha Jage-
mann divorce from Gustav Jagemann.
and given the privilege to resume her
maiden name, Bertha Israel. The hus-
band beat and abused mis- wife on sew
eral occasions, SO that it was unsafe for
her to live with him.
Baker & Bissell ask judgment against
C. n. Runyon, for 81, 155 due on a judy
ment rendered in the circuit court of
Clay county, S. d. Funds of the de-
PENDANT in the hands of the st. Paul
Fire and Marine Insurance company
have been garnished.
Ida Falster has been granted a decree
of divorce by Judge Otis, from Henry
Falster, and the mother is given custody
to the two minor children.
Albert G.. Postlethwaite seeks judy
ment against Victor Buggren and
Charles r. Carlson for $3.50, due upon
promissory note.
George H. Colgrove is granted di-
vorce from Sarah Jane Colgrove because
of willful desertion. Such is the order OF
Judge Kelly.
A new trial of the case of the Power
vile Felt and Roofing company against
Wright. Barrett Il Stillwell is denied by
judge Kelly.
Judge Egan has sustained the demur-
rer to the complaint in the case of
James j. Caryard against George E.
Smell.
Judge Otis has ordered Judgment in
favor of Warren G. Larkin for $3.50
against the st. Paul Barrel Company.
Judge Kelly has overruled the demur-
rer 20 the complaint in the case of Ada
j. Barnum against Lorenz Lepschial.
Henry b. Walsh seeks to recover
$4,000 from Paul A. Lavallee, due on a
promissOry note.
Peter Fehler has sued Carl Reuter-
and others to recover $3.50 borrowed