St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-02

tOrnPyS 10 produce proofs Of loss, sent
by plaintiff to the company in a distant
state-it not appearing that they were
within reach OF its attorneys at that
time--is insufficient to lay the founda-
ton fer secondary evidence.
Where proofs of loss are shown to
have been properly mailed TO the com
pany at their place of business or at the
home office, it will be presumed that
they were received in due course of
niail till the contrary is maize to appear.
Evidence held Insufficient 10 prove a
waiver OF the service upon the company
OF the proofs of loss required by the
policy.
Wages exempt.
The case OF Ed :. Bean, as sheriff of
Ramsey county, against The Gtrmania
LiIe Insurance company, of New York,
was decided hy the supreme court yes
ttr.juy, and the judgment given by the
court below was reversed, which means
victory fer the insurance company.
/ he case turns upon the construction of
chap CT 3Q4. General Laws Of 1889, which
IS all act to fix the amount Of wages OF
laUCreTs exempt from process Of attach
ment. garnishment OF execution.
BY the terms OF the act the wages Of
any person OF his minor children. not
exceeding SO for services rendered TO
eeding the issue OF such proc
ess shall BE- exempt there
from. The supreme court holds
thai II is obvious that the strict tech
nical construction of the language of
the act which would c0nfine the eXemp-
ton to wages earned within thirty DAYS
OF tle mere issuance OF the process,
would in great measure defeat the eX-
emptiCu intended to be provided for,
and as indicated Dy The title. In some
states personal property is bound by the
lssuance OF process before an actual
levy, but under our laws the process is
only made e!T"ctual by a levy, and the
mere issue is Intellectual. Hence, in
cases where process is issued and not
levied for thirty days there could be 40
exemption within the life Of the eXecu-
tIon unless Tie statute is given 4 broad
er aid mere liberal construction than
thai insisted on by the plaiutilT.
he SYLLABUS of the supreme court
reads:
The evident purp0se of ch. 294, Gen
erai Laws lSS9. entitled "an act to fix
The amount OF wages Of lab0rers eX-
enpt from process Of attachment, gar
HiShment OF execution" was to eXenipJ
such WAGES to the extent of 50 earned
Wl!hn thirty days after preceding the
levy Of the process. Aud such should
te lie CONSTRUCTION given to the act.
Tssc s.ays oG Blower.
Nina J.. Holmes. appellant vs. Frank d.
llo.mcs, respondent. Judgment affirmed
NsNpEEBU EGH, j.
Syl!abuS-The estate given to sur
wing wife, by The existing statutes in
lie lands OF deceased husband. in
chOalc upon the marriage and seIZin OF
the husband sud absolute at his death.
unless Invested by her consent. as pro-
Vldcd by law, must De deemed prOVis-
ions in the nature OF dover; and, in
lieu Of the previous statutory provision,
dcnominated dover.
Under sec. -, chap. o. Gen. Stat
10, allowing dover to divorced wife
Oh the ground of the adultery of her
husband, rs if he We're dead, the term
dover must be held To extend to and
lHc.Ude the present statutory provision
i"r the wife. in lieu of dover, in the
lands CT deceased husband. But such
dover interest cannot be assigned and
sci oil III the divorce suit.
Bonded indebtedness
David NJ Finayson, appellant vs. John D.
Naushnas county treasurer Of Pine county,
respondent. Judgment affirmed.
NANDERBURGH, j.
Syllabus Under ell. 1876, General Laws
1871, as amended by chs. 40, 46. Laws
1878. authorizing the issuance of bonds
by town upon certain specified cOudi-
tons, the Limit of the Indebtedness
which may he created Is ) percent of the
assessed valuation Of the town for the
preceding year. In determining the
amount of such Indebtedness the par
value OF the bOnts to be issued is alone
considered and not the interest which
may subsequently grow due thereon by
The terms thereof.
Under the statute the board Of SUPER
VlSurS may waive the issuance of stock
OF the corporation 10 such town SubSe-
quentiy Ia the election authorizing the
issuance of such bonds.
s Eseiendas.t'a Esf~hts.
STATE # Minnesota, plaintiff, vs.. c. L. Com
ines, defendant. Re!nanded to court be-
low. NANDERBURGH, D.
Syllabus - The Indictment held TO
state facts sufficient to constitute
grand larceny in the second degree.
under sec. 4l5, subject 2, Penal Code.
An avernent OF a demand OF the prom
% erty is unnecessary in connection with
the charge Of the unlawful conversion.
And the use of the SuperfluouS words
"sjedl aud carry away" ill the indict-
ment does not subject it TO the objection
that II states TWO olfenseS.
here defective copy of the indict-
ment Is served upon the defendant at
the time OF his arralgnment he is ell
titled to second arraignment; but
where, having knowledge of the defect.
he pleads to the indictment and waits
I'll after the Jury is sworn before rals-
ing the objection. held that his motion
to dismiss the action Oh this ground was
properly denied.
Matters of Contract
Peter J. Lofgren ct al, appellants, VS.. Carl
Peterson ct al, respondents Order re-
Feised NANDERBURGu, j.
Syllabus Certain representation al
legged to have been made by defendants
in respect To the location and price of
real property, held material representa-.
tiuns of fact.
And where, III the course of negotia-
tons Tor the exchange of property be-
tween parties Interested therein, ma
terlal representations of fact are made,
by one of them who knows the facts, to
the other who is ignorant thereof, under
circumstances calculated TO miSlead in
stead of putting him upon inquiry, and
such reprtS"n, atoms are false and re-
lied on by the latter TO his prejudice an
action Viii lie.
American Building and Loan Association
appellant, vs. Ole Dahl ct al, respondents
Order affirmed VANDERBURGH j.
Syllabus-Evidence of an independent
agreement made 10y parol between sure.
ties ami the O6liEee in an indemnity
bond at the time OF the execution there
OF, ana as an inducement therefor held
competent and material on the part ot
the sureties. and not tending to vary
the terms OF the bond itself.
IainOr Rulings.
George H. Smith; respondent VS.. Olof P