St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-07
TEN BY COLLINS.
gHE. SUPREME COURT HANDS
DOWN AN EVEN HALF
SCORE.
DECISIONS OF IMPORTANCE.
FIVE IN WHICH FINDING OF
LOWER COURT Is RE-
VERSED.
PoLICEMEN'S SALARY CASE.
DECISIONS OF IMPORTANCE.
The Court Decides Against OFF,
GERS Walsh ard GaIvin-Other
Opinions of Interest.

Ten decisions were handed down
in the supreme court yesterday, in
all of which the opinion was rem
dered by Justice Collins. There were
five reversals in the batch. Cases
of local interest, in which the de-
cisions rendered by Judge Kelly in
the lower court were sustained, are
those of Police Officers Walsh and
Calvin against the city of st. Paul.
The appeals were taken by plaintiffs
from orders entered in the district
court of Ramsey county denying
motions for new trials. The cases
were considered by the supreme
court together. The opinion of the
court says:
after the determination of a for
mer appeal in these cases, judgments
against the defendant being re-
versed, 80 n. w. Rep, 1902, plain
tiffs moved for new trials upon the
ground of newly-discovered evil
dence, such evidence consisting of a
resolution of the common council of
the defendant city, duly approved by
the mayor and duly published, fix
Ing the salaries Of police officers in
the city for the year commencing
May /, 1892. At the former trial in
district court plaintiffs rested their
cases upon proving what compensa-
ton per month had been received
by them up to the time of their dis
charge by the mayor, Sept. 6, 1892,
and made no effort to show that
their salaries had ever been fixed by
resolution as required by the city
charter, Sp. L. 1891, CHI. 9, sec. 1.
Thereupon counsel for defendant in
troduced in evidence a resolution
fixing the salaries for the year end
ing May 1, 1892, and it was stipu-
lated by both parties that no SUBJ
sequent action had been taken, or
resolution fixing salaries adopted by
the common council.
THAT proof of the passage of the
resolution whereby the salaries of
policemen in the city of st. Paul
were fixed for the year commencing
May 1, 1892, was material in order to
held on the former appeal, and we
may say with safety that it was
shown upon the hearing of this mo-
ton that the fact that such reso-
luton had been passed by the coun-
Gil was not known by the plaintiffs
counsel until after our former de-
ciSion. 1t was not made to appear
~, Of I,n r n
plaintiffs themselves were ignorant
Of the resolution, and it is fairly
to be presumed that they did not
know of it. But not only must the
newly discovered evidence be ma
:erial to the case and also discovered
since the trial, but it must be such
rs the party could not have discov-
cred before or at such trial with
the due exercise Of prudence, dill
renee and foresight. This has again
md again been stated in the opinions
If this court.
1.-The resolution in question was
duly and publicly adopted by the
council, published in the official re-
ports of the council proceedings, duly
the official paper of the city, and
from the time of it's passage was as
public as any of defendants rec
ords Certainly due exercise of pru-
lence and diligence would have dis
closed it's existence to plaintiffs, or
heir counsel, before, or at, the trial
oelow.''
The syllabus:
John P. Walsh, appellant, VS.. City OF
st. Paul, respondent, and Louis j. Cal
vim, appellant VS.. City of St. Paul, re-
spondent. Held upon a motion for G
new trial on the ground of newly dis
covered evidence, that by the due ex-
ercise of prudence and diligence prior
to or at the former trial, the eX-
istence of such evidence public rec
ord-would have been disclosed. Order
affirmed. COLLINS, j.
(Justice Buck did not sit in this case.)
RIGHTS OF MORTGAGES.
In the case of John McRae, respond
ent, against P. H. O'Hara, appellant,
an important rule as to the respective
standing of several mortgages hold
ing mortgages on the same property
in divers interests is laid down. The
plaintiff herein held a mortgage upon
an undivided one-third of a crop of
grain to be raised on the land of one
Kruger, the mortgagor. The mort
gage was executed and filed in Janu-
airy, 1893, and was for the sum of
s365.7S. In the following April Kruger
executed another and second mortgage
to the defendant on the whole of said
crop. When the crop was harvested
and threshed the mortgagor wrong
fully disposed of the greater portion
Of it, delivering to plaintiff out of the
whole $50 bushels but 122 bushels, val
ued at $685. and to defendant 161
bushels, valued at S92.12 Plaintiff
brought an action in conversion to re-
cover the value of that part of the one
third he had failed to recover. The
court below sustained his claim. but
IN appeal the judgment is reversed it
being held that plaintiffs mortgage
was simply first lien on the one-third