St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-10-25

AeHr! y. cooper, Tespouueut' vs.. Inc 81
Paul City Railway Com pany, appellant.
Syllubus-Where one of the parties
dies after the rendition of verdict in
an action brought TO recover for per-
sonal injuries sustained by the plaintiff
through the carelesSneSs or negligence
of the defendant, the action does not
Rbate, but may be continued by or
against the personal representatives of
the deceased under the provisions of
General Statutes 1878, chapter &C, sec
ton Al.
The motion to set aside proceedings
had subsequent to the death Of the
original plaintiff, Cooper, was granted,
and his eXecutriX substituted as plaint-
If In the original action.
Daniel W. Ham, appellant, VS.. A. B. John
son. respondent. Judgment affirmed.
COLLINS, j.
SyllabuS-Courts of equity will not
specifically enforce an eXecutOry con-
tract unless it be complete and certain
in all of its material and essential terms,
or capable of being made complete and
certain by reformation.
In re assignment of Frank Nicolin. insol-
vent Frank Nicolin ct al. appellants VS..
Theodore Neiland ct al, respondents.
Order affirmed. COLLINS, j.
Enthusiastically person to whom
an insOlvent is actually indebted is
creditor, within the meaning of General
Laws 1850, chapter so. section 6, an
amendment to the insolvency act or
1851, and such creditor need not file his
claim with the assignee or receiver III
ort.er to take part in proceedings there
In provided for to remove such assignee
or receiver.
Second-A petition under that statute
is properly heard upon order to show
cause. and at tie hearing the court may
ascertain through competent proofs and
determine as fact whether majority
Of the creditors, in number and in
amount, have signed such petition.
August Shilling ct al, co-partners as Shil-
ling StollWerck d Co., respondents, VS..
Daniel Mullen Jr., appellant. Judgment
affirmed. COLLINS, j.
Syllabus.-First-An action to recover
duly assigned portion of all obligation
may be main aimed where the assignee
and aSsignor are joined rs plaintiffs, or
where the latter. not Joining as plant
III, is made defendant so that the
Whole controversy may be determined
in one suit.
.eooiu-NOtice of an assignment of a
demand Or obligation, or part thereof,
given To the debtor fixes the rights of
tie parties and protects the assignee.
ThIrd-When the amount earned by
an employee alter notice to a nemployer
of the assignment of portion of the
wages to be earned exceeds the amount
due upon q claim or demand held by
the latter against the former at the
time OF such notice, recovery upon the
assignment cannot ue defeated by the
employer on the ground that he has
pad over such excess 10 the emplOye.
State of Minnesota. eX rel. Samuel athews
ct al. copartners as Jourdain IL Mathews.
REALTORS, appellants,vs. Eric c. Olson ct al,
as county commissioner of kanabec couu-
t., Minnesota, respondents order affirmed.
COLLINS, j.
Syllabus-First-As the county COM
miSsioners are not the real parties in
interest in proceeding under line pro-
visions of section AS OF the General Tax
Law of General Laws 1851, chapter 10,
section Il, any statements or admissions
made by them upon the presentation of
this petition therein provided for as to
the facts therein alleged. cannot affect
or bind the state
Second - Where an information on
which is based an application for an al
tentative writ of mandamus to compel a
board of county commissioners to make
the certificate prescribed in said section
las, fails To state that said board has in
CURED into the truth of the facts alleged
IN said petition, or to state the result OF
such Inquiry, or TO Stite that SAID board
has refused 10 make the inquiry proyld-
ed for, the application must be denied.