St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-10-16
CAPITOL BANK LOSES,
North Dakota school Warrants
Held to Be Void.

North Dakota school Warrants
Held to Be Void.
The United States circuit court of
appeals WAS in session yesterday, with
Judges Caldwell, Sanborn and Thaysr
on the bench. W. w. Erwin, of ST..
Paul, was admitted to practice in the
court. Opinions were announced in
three cases. as follows:
The Capitol Bank of st. Paul, plaintiff
in error, vs.. School District No. 26 of
Barnes County. Error to United States
circuit court. district of North Dakota.
Opinion by Judge Thayer, affirming
Judgment in court below. with costs.
This was suit brought by the Capitol
bank against District No. 26. of Barnes
county, North Dakota, to recover on
nine school warrants of $3.50 each. issued
in December, 1881. AS defense 1T was
alleged that the warrants were not
issued by authority OF law, and the
statute of limitations was pleaded. *
third defense was that the warrants
were void because they each amounted
to more than per cent OF the taxable
value of all property in the school dis.
trict. The court below directed ver-
dict for the defendant. This court fol-
lows decision of the supreme court i'll
North Dakota in Il similar case, anu
holds that the warrants were utterly
void for want of power IN the school
board to execute the building contract
and to draw the warrants.
The CITY OF Trinidad. appellant. VS..
The Milwaukee and Trinidad Smelling
and Refining Company. Appeal from
circuit court OF United States for dis
trict of Colorado affirmed; with costs.
Opinion by Caldwell. judge.
Shepherd w. King, plaintiff IN error,
VS.. Charles W. Morher ct al. Error to
| United States circuit court, district OF
! Nebraska; affirmed with costs. Opinion
by Caldwell, judge.
! orders Entered.
Mallinckrodt Chemical Works. appel
ant, VS.. The United States. Appeal
! from Uuited States circuit courl, East
eru district of Missouri; continued to
| December term per stipulation.
| Mary Einlayson, plaintiff i'll error, vs..
Utica Mining aud Milling Company.
Erro: to United States circuit court, dis
| trict of Colorado; continued 10 Decem-
Der term.
Carnegie, Phipps s. Co.. plaintiff in
error, VS.. }. Ii. Hobert ct al. Error to
United States circuit cUuIUs uistIicL oh
! Nebraska; continued to December
| term.
! Michael Fl. Madden, plaintiff in error.
VS.. Lancaster County. Error to United
States circuit court, district OF Me-
braska. Argued by G. w. Lamberton
| for plaintiff in error, by Charles O..
! Whedon for defendant in error. and
! cause submitted.
q. l.. Latta. executor, ct al. appel
lants vs.. d. G. Rugg. Appeal from
! United States circuit court. eastern as
trict OF Arkansas; continued to Decem-
| Der term.
Davis q Rankin Building and Manu-
| featuring Company, plaintiff in error:
VS.. j. T. Jones ct al. Error to United
States circuit court, district of Ne
I braska: motion of plaintiff Ill error for
| continuance submitted. .ea-
Peter B. Nelson ct al. appellants. vs..
| c. l.. Eaton. Appeal from U nited
States circuit court, district Of Nebras-
ka; submitted OH printed briefs.
What bigger mistake could house
keeper make than to suppose that any
other baking powder is as good as DR..
Prices? No other is halt SO good.