St. Paul daily globe., 1894-04-21
THREE REVERsALS.
Supreme Court Hands Down
Seven Decisions.

Supreme Court Hands Down
Seven Decisions.
Tue supreme court yesterday handed
down decisions in seven cases, all writ
ten by Judge Collins. Three of them
are reversais. In tue case Of The KIM
pail Printing Company, appellant, VS..
Southern Land Improvement Company
ct al, respondents, Judge Canty dis
sents to such part of the decision as re-
verses the action OF the court below in
disallowing an item of $40, statutory
costs to plaintiff. In the remaining four
opinions the Judgment of the lower
court is sustained.
The syllabi of the decisions are as
follows:
L. Kim ball Printing Company, appellant, vs.
Southern Land improvement Company ct
al, respondents.
Syllaous-1. Extra statutory language
found in bond on appeal from an order
denying new trial, conditioned as
required by General Statues 1878, chap
ter 81. section 10, construed. Held,
the appeal in question having been
dismissed Oh motion of plaintiff re-
spondent because of appellants failure
to comply with Supreme Court Rule IL,
that i'll an action on the bond, plaintiff,
by virtue OF the extra condition alone,
was not entitled to recover the amount
of the Judgment entered subsequent to
the dismissal in the court below.
2. Greenman VS.. Smith. 90 Minn., 41S
and Potter VS.. Mellen, 81 Minn.. 1872.
followed as to the allowance of stat utory
costs IN an action brought in dis trict
court, and OF which justice of the
peace has no Jurisdiction where the
damages recovered are less thar. SIOO.
Canty, j., dissents on the last propo-
Sition.
st. Paul & Minneapolis Trust COMPANY,
Assignee OF the Farmers and Merch ants
State Bank, insolyent. .respondent,ys. James
Leck and Angus Mcleod, appellants. Order
reversed. COLLINS j.
Syllabus-The insolvency of a party
whom set-off is claimed affords against
sufficient ground for the application of
the doctrine of equitable set-off, aud the
equitable powers of the court in such
cases are not impaired by the fact that
an assignment for the benefit of cred
ltors has been made by the insolv vent
under the statutes of this state.
Ole Quelprud. respondent. VS.. c. 81. Kothe,
appellant. Order affirmed. COLLINS. j.
Syllabus-The evidence in this case
was sufficient to justify the verdict.
In re appeal of Henry G. Blake, etc., Henry
g. Blake, appellant VS.. John A. Hogan,
respondent. Order affirmed. COLLINS, j.
Syllabus-Upon an examination of
the evidence submitted upon the trial
Of all election contest, il is held that
the trial court was justified in dismiss
ing the proceeding when the contestant
rested.
Pioneer Savings and Loan Company ap-
pellant. VS.. Anson z. fuller respondent
Order affirmed. Collins J
|. Syllabus. A mortgagor In possess
sion of real property pending the ex-
piration of the year of redemption from
foreclosure sale and his tenant may
without the concurrence of the pur-
chaser at the sale enter into an agree
ment for the annexation of chattel to
the real property by the tenant of such
nature that it can be detached with
out being materially injured, and with
out material injury to the things real.
whereby the chattel shall remain per-
sOnal property, r, movable by the ten.
ant during the year of redemption.
Thomas B. Mcmahon. respondent vs John
r CundIn, appellant. judgment affirmed.
COLLINS. j.
Syllabus "A lien arising upon a
crop by virtue OF a ssed-grain note,
executed and filed in accordance
with the terms of G. S. 1s7s. ch,
SO, secs. 81, %, has priority over
lien upon the same crop acquired by
means of previously executed and fled
chattei mortgage.
Carl r. DonpIas resnondar, vs NJ ~ ra;oh