St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-06-17

allowed in but one case.
Nelson Olsen, respondent vs.. John Peter
son, appellant. Order reversed,
VANDERBURGH, j.
The right to apply for and have sec
ond certificate OF sale upon execution,
from the officer making such sale, In
certain cases, which was given by chap
ter 10, General Laws of 1862, Survived the
repeal of that chapter. and was saved
to the purchaser by section 4, chapter
l21, General Statutes of 1883.
Ellen Kneis, appellant, VS.. E. P. Green. re-
spondent. Judgment affirmed
VANDERBURGH. j.
The question involved in this appeal
was considered and determined in the
case of WrolSon VS.. Anderson, DECIDED
at the present term.
NJ. c. Little and A. Il. Num-, copartners as
Little & Num- respondents. VS.. j. W. Lee,
appellant Judgment reversed ana new
trial ordered. NANDERRURGH, d.
Where complaint shows that con-
tract or obligation is joint, and also sets
up facts showing that the liability there
on had been assumed by one OF the
oblisees or debtors. and he Is accord
ingly sued alone, the defendant may
fact in his answer, and the burden Will
thereupon be cast upon the plaintiff to
establish them upon the trial; and, II
ne fails so to do he will not be entitled
to recover upon the joint obligation
against the party so named as sole de-
PENDANT.
Hiram d: Gates, appellant vs. William Ban :
helzer, respondent. Order reversed.
-sts 80 VANDERBURGa, j.
Certain findings of fact held not juSti-
fed by the evidence. ~"
| Michael c.. Dean. respondent, vs. st. Paul
d Duluth Railroad Company. appellant.
Judgment reversed. VANDERBURGH. D.
An assignment of part interest IN
| demand or obligation may be made. ana
! the courts will recognize and protect
| the equitable interest of the assignee.
But a separate and INDEPENDENT ac-.
| ton cannot be maintained by such as
| signee to recover his share OF the DEBT,
| where the debtor refuses to consent or
| to recognize the assignment.
| An entire demand cannot be made
the subject of several different actions.
| There can be but one suit III when all
persons interested must be made parties
| plaintiff or defendant.
! Christian Olsen, respondent, VS.. Peter P;
| Syensen, Order reversed and new trial
| granted. NANDEKBukGH, ..
Evidence held insufficient to make a
case i'm behalf OF the plaintiff for the
consideration of the jury.
Upon the cross-eXamination of the
plaintiff his admissions or declarations
made to third parties touching the owner.
| ship of the property i'll controversy held
| competent.
| But evidence of the declarations OF
third persons not parties to the SUIT,
| respecting such ownership, though Ill
possession of the property, held mad
| Missile in suit between other parties
| involving the title thereto.
| Robert B Whitesides ct al, respondents, VS..
! Andreas NJ. Rutan, appellant. Affirmed.
| BY the court.
Webster vs. Luther. 40 MIMI, fol-
| lowed.
Joseph W. Hosmer. appellant vs. Mary R.
Hosmer. respondent. Order affirmed
| VANDERBURGH. j.
A finding of fact that the charge OF
! deserton made by plaintiff I'D his com.
| plant for divorce was not entertained
or proven on the trial held sustained by
the court.
| Betsey Wrolsen, appellant. VS.. Simon An
| derson, respondent. Judgment affirmed
VANDERBURGH, j.
An unauthorized appeal to the district
court was taken from the Judgment OF
Justice Of the peace. NO motion TO dlS
miss the same was made: but the par
ties appeared in the district court, sub
mitted to its jurisdiction, amended thell
pleadings and consented to a trial o.
the case on a day fixed. Held that the
district court required jurisdiction Il
hear and determine the case on 1T
merits, Notwithstanding the irregula
mode in which the case was brough
into that court.
The supreme court considered the follow
ing cases yesterday:
| of Eryington, respondent. Argued ana sub
| mitted-.
Henry c. Cooper. respondent, against st
Paul City Railway Company. appellant. sun
mitted.
GeneYieve NJ Dunning ct al, respondents
| against Mitchell W. Mcdonald, appellant
Submitted.
St. Paul & Duluth Railway Company, -ap
pellant, against Village of Hlnkley. Peuto
| for reargument denied.
ashley c. Morrill,. respondent, against Lit
] tie Falls Manufacturing Company, appellan
Petition for reargument denied.
was admitted 10 full citizenship by the 81
preme court yesterday.
THE EEDERAI, GOWN.