St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-01-31

Lindgren and Anna Lindgren. respondent,
VS.. Andrew p. Lingdren, appellant Oroer
affirmed. GILFILLAN, &. j.
Evidence held to justify a finding of
fact.
Hattie L KnobIauch, appellant. VS. City of
Minneapolis, respondent Order affirmed.
GILFILLAN, &. j.
Ii Case held not to be an exception to
the general rule that upon a full and
positive denial by sworn answer of
the equities i'll the complaint tenn
lporary injunction will be dissolved.
I The decision of the body to which is
committed the determination whether
streets or alleys shall be opened laid
out, Strengthened, widened or extended
Is conclusive as to the necessity of the
improvements and of taking private
real estate for the purpose.
The commissioners appointed by the
city council pursuant to the charter of
Minneapolis TO ascertain the compensa-
tion to be paid for taking private prop
erty for the above purposes, to wit:
five freeholders OF the city, no two of
whom shall reside i'll the same ward,
will be presumed to be fair and im-
partial for the purposes.
Z A published notice of the meeting of
the commissioners held sufficient, dis
tinguiShing Town of Lyle VS.. Railway
Company, So N. W., 800.
Edward Nj Johnson, appellant VS.. Charles
6, Lay6ourn; as assignee. respondent.
Order affirmed. GILFILLAN, G. j..
There is no implied warranty upon a
sale by an officer of the law. An assign
ee in insolvency is such officer.
john c. Perry and Robert L. Cochrane, CO.
partners as Perry IL Cochrane, respond
ents, VS.. Anthony Murphy. defendant. Du-
luth Transfer Railway Company, appel
liant: Order affirmed. GILFILLAN, G. j.
One who let his team and transfers to
a subcontractor to do work i'll construct
ing railway is entitled to a lien under
Laws 1889, CHI. 200. sec. 3.
Andrew B. Robbins, respondent, VS.. Walter
Y. Morgan, appellant Judgment affirmed.
GnFILLAN, c. j.
Evidence held to justify finding of
fact.
A contract, assumed to make time of
performance OF the essence of the con-
tract as to each party, held not to dis
able one party who fully performed
within the time 10 require performance
by the other after the time.
Levi Longfellow. only surviving partner of
the firm of Longfellow Il Russell, appel
liant VS.. William Nj. McGregor ct al, re-
spondents. Judgment reversed.
GILFILLAN, G. j.
A certain bond with sureties.i in which
the condition is not completely eX-
pressed, construed in connection with
the circumstances under which and the
purpose for which it was executed, and
held to be good.
Stephen l.. Merchant, as administrator and
trustee of the estate of Frederick Ii. VOL
colt. deceased, respondent. VS.. western
Land Association, appellant. Order al
firmed GILFIILAN, Z. j.
An act authorizing any stockholders
of private corporation TO require that
the real property of the corporation not
necessary for the transaction OF its bus
mess and the payment of its debts be
appraised and partitoned SO that its
stockholders who require it shall have
conveyed to them in Severalty so much
OF such property as according to the
appraised value shall bear to the whole
property so appraised the same proper
lion as the stock held by each bears to
the whole stock issued, and providing
that such conveyance shall be i'll full of
their interest in the property SO APP
praised, merely authorizes stockholders
to require dividend of profits in prop
-erty instead of in money. and it impairs
no rights of the corporation or OF its
stockholders or creditors, and is uncOn-
Stitutlonal.
Irish American Bank. respondent VS.. John
Ludlum, appellant. Order reversed
6 ILFLIAN, C. j.
When, III order to make judgment
res adjudicata upon issues OF fact in
another action between the same par
ties. resort is had to eXtrinslc evidence
/ to show that issues were actually liti-
gated and determined, the judgment
record not showing that, it must be
made to appear that the determination
of such issues was necessarily involved
i'll the decision resulting in the judg-
ment. 81.
Evidence OH the triall0f the trst case
held not to show that the issues in the
second action on which the judgment
is claimed to be res adjudlcata were
necessarily determined.
CheaD round-triD rates now in effect