Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1893-01-06
E. G. D. S"HORTRIDGE,
Governor.

utOry negligence as a matter OF law in
standing in that place, Notwithstanding
the unusual sh0rtnesS of the drawbar Of the
engine and of the drawbar of the car, the
former projecting six inches beyond the
rim on the rear of the engine and the lat
ter being, according to some of the evil
dence, twelve inches long, the evidence
showing that the usual play to a drawbar
is from M to four inches. there being no
play To the drawbar on the engine, and 1t
being undisputed that the engine APP
preached the car slowly to make the
coupling, so that the amount of slack
taken up would be but little, if everything
was in proper order. Neither was it con
tributory negligence as 4 matter of law
for him to remain on the footboard in
stead of going ahead and setting the pin,
and then stepping outside the track before
the engine and car came together" Opin-
ion by Corliss, c. j.
The Washburn Mill Co. VS.. Bartlett set
ties a very important section of the statute,
which prescribes that no foreign corpora
ton shall do business in this state until
they shall have filed with the secretary of
state a certified copy Of their charter and
appointed all attorney for the service of
process. The plaintiff III this action was
chartered under the laws OF Minnesota and
was selling lumber in Forman, Sargent
county, and other places, and had not filed
their articles, etc. Bartlett purchased a bill
of goods and settled therefor by giving a
note secured by real estate mortgage. Ac.
ton to fOreclOSe this mortgage was inSti-
tuted and to the complaint a demurrer
was interposed, which Judge Lauder sus-
tanned, thereby denying the plaintiff the
right of action to recover. This ruling is
reversed. the court hol ling that 'sec-
tions 1880 and 1892, Compiled Laws,
which prescribe the terms upon which
foreign corporations may do business
III this state, do not render con-
tracts entered into with such corporations,
before compliance with the terms of said
sections, unenfOrceable and void. Parties
who have contracted with such foreign
corporation, a a corporation, and received
cannot in an action by such corporation,
based thereon, raise the question of non
compliance with the terms of said sections"
Opinion by Bartholomew, j.
The last case is entitled Union National
Bank of Oshkosh. Wis, VS.. I. n. Oium, as
sheriff of Ransom county, and presents a
strife for supremacy between the holder of
a chattel mortgage, the plaintiff in the
action, and All attaching creditor. The
syllabus by the court is as follows: THE
description in Il chattel mortgage stated
that the property was situated on u GER
tain section in Il certain township and
range, but did not name the county or
state within which such section and prop
erty were located. The mortgage was
filed by the mortgagee in Ransom county,
in the then Territory of Dakota, and it
was shown that the section named in the
mortgage was located in that county, and
that property corresponding with that de-
Scrihed in the mortgage was situated
thereon. owned by the mOrtgagOr. Held,
II sufficient description as against ali at
taching creditor AS to such property. but
not us to property not situated on such