St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-11-15

Kate Scott, appellant VS.. Helen Fl. Wells,
respondent. Order affirmed
GILFILLAN. c. j.
The one-third of the real estate which
goes to the widow on the death of her
husband is for the purpose of paying
his debts, part of his estate to be ad-
m!niStered, so that license to sell for
that purpose 1.-THE interest of said eS-
tate" in described land will cover the
Widows third. 1t is not necessary to
go against the widows one-third separ-
ately i'll proceedings to sell for payment
of debts.
Henry NJ. Little, appellant, VS.. S. George
COOK ct al, co-partners as Cook Il Maxey
respondents. Order reversed
GILFILLAN, G. j.
Certain evidence held TO he hearsay.
and therefore inadmisSible.
Elizabeth Jarmy, respondent VS.. Duluth
Street hallway Company, appellant. Order
reversed. GILFILLAN, c. j.
When a street car stops for passengers
to allght, If there is rush of passengers
to get off, crOwding and jostling each
other, it may be the duty OF the con-
ductor to use reasonable efforts to check
1t, to the end that passengers may not
be injured or unnecessarily interfered
with in their getting off, but it is not his
duty to assist specially any one of the
well, able-bodied passengers unless he
sees that one to be in special danger, or
III some measure unable to take care of
himself.
theodore II. Johnson, respondent. VS.. Henry
II. Fuller, appellant. Order affirmed.
GILFILLAN, G. J.
SyllabuS-1n a contract to convey real
estate, on which $50 had been paid the
remainder of the price to be paid on de-
livery Of warranty deed, was this
clause. sin case the title shall be ascer-
tanned to be unmarketable to such an
extent as to warrant the purchaser in
refusing the same, and he shall so re-
fuse the same on that ground, the vendor
shall not be liable to any damage, and
the said sum of $50 paid by the pur-
chaser shall be returned to him." Held,
that on the title proving unmarketable
the yendee might either fulfill the con-
tract on his part, take conveyance and
rely on the covenants in it to protect
nm against defects in the title, or refuse
to fulfill, and receive back the $50, in
effect to rescind the contract.
State of Minnesota eX rel. Mayor of the CITY
OF Duluth, relator, VS.. j. d. Ensign, one of
the judges of the Eleventh judicial dis
lrlct, ct al, respondents. Order affirmed.
GILFILLAN, Z. j.
Under S. l.. 1891, CHI. 81. providing for
a system of public grounds for the city
of Duluth and the charter of that city,
.. l.. 1887, Oh. 2, sub. CHI. 3, sec. 10, as
amended by 5. l.. 1889, CHI. 10, sec. s,
regulating assessments for legal i'm
provements, the court is not limited to
considering whether the board of pub
lie works exercised their judgment and
whether there was fraud or demonStra-
a mi a : Of nnt inf hnn
but IL reviews, corrects and revises the
assessment. State VS.. Dist. Court, 33
Mimi, 235, followed 10 the effect that
the provisions in the acts for confirma-
ton by the district court are valid.
When in such case the court orders a
reassessment, the order ought to specify
the defects in the assessment. so as to
be guide to the board of public works.
Robert L. scovell, respondent VS.. N. J.
Upham and L. Frank Upham, co-partners
as n. j. Upham u Co., appellants. Order
ahlrmed. GILFILLAN, G. j.
Evidence held to sustain the findings
of fact.
Plaintiff having an applicant for loan
OF $1,000 at per cent to be secured on
certain real estate, applied to defend
ants, who agreed that If he would bring
the applicant to them and thew should
procure and make the loan to him they
would pay plaintiff commission of l
per cent on the amount of the loan. He
sent the applicant to them, and through
their efforts corporation of which they
were stockholders and officers made the
loan at $4,000 at per cent. Held,
plaintiff is entitled to the commission,
and that it does not affect his right that
defendants receive no commission for
procuring or making the loan.
Supreme Court Routine.
The supreme court yesterday consid-
cred the following cases:
In re lost will of Julia G. Holt, Georgi-
ana Needham ct ai..proponents, respon-
dents, VS.. Lizzie Borden ct al, contest
ants. appellants. Argued and sub
mitted.
A. D. Aldrich. respondent, VS.. Theo-
dore Wetmore, appellant. Appellant
ordered to amend paper book, and order
to show cause as TO other matters dis
charged.
FEDERAL COURT.
One Case argued-Others Were
Continued.
Judges Henry c. Caldwell and Walter
Fl. Sanborn sat on the bench OF the
United States circuit court of appeals