St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-07-27

Flora Keid's Appeal-Ruling g
on an Involved Real Estate
Case and as to Rights of Co.
Sureties.
It will be recalled that something
like a year ago, one J. w. Ham was
brought to this city from Utah to an
swer to charges of being fugitive from
Justice. While held here in custody
under the criminal charge for which he
had been returned to this state. Mrs.
Flora Reid, then of st. Paul, but now of
La Crosse. Instituted a civil action
against him by the service of sum-
mons.
On motion, the district court set aside
the service of this summons for the rea-
son that it was considered that the de-
PENDANT was exempt from liability to be
SO prosecuted civiily while so held in
custody. 1t is related that the plaintiff
was in no way concerned in the inter-
state rendition proceedings, nor was the
action in any way connected with the
criminal proceedings. The plaintiff
took appeal to the supreme court from
this ruling, and yesterday Justice Dick
insOn gave a decIsion in which the
court below is reversed. The title of
the case is Flora Q. Reid, appellant,
against j. W. Ham, respondent, and the
syllabus reads:
One who by interstate rendition pro-
ceedings is brought to this state from
another state or territory, as fugitive
from justice, is not exempt from civil
prosecution while detained here under
such proceedings.
Involved Real Estate Case.
The order of the court below was re-
versed also in the case of Charles A.
Spramdel, appellant, against Leon
Haude ct al, respondents. The action
relates to the north half Of lots !. ,, 3
and in block 81 of the towns! in #
Little Falls. Ii is somewhat pc I'll
case, and the syllabus, indicted by Ju
tice Dickinson. recites:
Three judgments having been docket
ed against the owner of certain land. the
land was sold under execution on the
first judgment. The holder of the third
Judgment redeemed one day earlier than
he was entitled to do. No other redemp-
ton was made or attempted. Held
First - That the redemptiOner &C
second Judgment lost his lien and right
~ to enforce the same by execution
against that land.
SecOnd-The holder of the second
Judgment, not having attempted 20 re-
deem. he was not prejudiced by the fact
that the third judgment creditor eXer-
cised his right of redemption prema-
tuIely. and the person from whom re-
demption WAS made having acquiesced,
the redemption was valid.
Third-The payment for The purpose
OF redemption having been made to the
person from whom redemption is to be
made, the redemption is not invalid by
reason of the fact that the certificate of
such redemption is made by the sheriff.
FOurth-A stipulation construed in
connection with the pleadings as show
Ing that certain land was the homestead
of Judgment debtor, and hence exempt
from sale Oh execution.
Equity OF CO-SuretIes
Rosina Mueller. respondent VS. Jacob Barge.
appellant Order affirmed
t. DICKINSON, j.
SylIabuS-The plaintiff and defendant
became sureties for w. Oh his note for
$4,000. The defendantand one V. became
SureteS for W. on his note for $40, 900. w.
at the same time by written assign
PENDANT and V. for the express purpose
of securing them for their liability OH
both notes. without discrimination. In
strument So construed. The indemnity
held to be applicable pro rata to both
obligations.
Plaintiff became entitled TO share
with defendant in the benefit of that Sc
curity. 1t is principle of equity that
II one of several cosmetics receives Sc
curity for his own indemnity it enures
also 10 the benefit of his cosmetics, even
though he was induced only by means
of the security TO become surety, and
his cO-SuretieS were ignorant that the
security had been given.
Proof of prior agreement between
the parties to the written assignment
different from its terms would not
change the legal effect of the inStru-
ment. Language indicating ignorance
of a legal right considered as no proof
of waiver of that right.
Trespass and Damages.
Margaret j. Mitchell, appellant VS.. William
b. Mitchell ct al, respondents. Order re-
Versed. DICKINSON j.
Syllabus-Special administrators may
take possession of the personal property
of the estate. Entering house peace
ably for that purpose their entry is pre-
u
but having so entered they may not
break open doors to get such possession.
Being unable to get possession without
such violence, and being requested by
the lawful occupant to depart, they be
come treSpaSSerS by perSiSting In re-
naming. Becoming liable as trespass-
erS, any abusive conduct on their part,
not IN itself constituting an assault or
battery, may be considered in aggraya
ton OF damages. Evidence held to pre-
sent case for the Jury.
Law on Negotiable Pap,
Fred L. Rosemond, respondent, VS.. John
Graham, appellant. Judgment affirmed.
DICKINSON, j.
Syllabus-The indorser of a promis-
sorry note may maintain an action there
Oh against the maker, although others
are Denefcially interested with the
plaintiff therein.
An lndOrSer OF negotiable paper,
taken before maturity as collateral Sc
curity for an antecedent debt, in good
faith and without notice of defenses,
such as fraud, which might have been
available as between the original par
ties, holds the same free from such de-
lenses.
Evidence held sufficient to show that
the note in suit was thus taken in good
faith and without notice of the fraud
alleged in defense.
James W. Johnson. appellant VS.. j. McGil
Smith and Herbert Is. Farwell co.partners
as Smith Farwell, respondents. Order
affirmed. DICKINSON j.
Syllabus-ln an action to recover for
personal property destroyed, while in
the possession of defendants as bailee,
by fire originating on their premises,
held that the evidence disproved neg
ligence on their part as to the origin of
the fire.
PITTSBURG, July 26.-The Pittsburg
wire works at Braddock shut down to.
day on account of dull trade. An early
resumption is not expected The plant