St. Paul daily globe., 1895-11-23
Highest of an Leaveng Power-Latest U. Govt Report
R>!!A!l! Q! Rskassl RsktRs
ABSOLUTELY PURE
liant, vs.. American Loan and Trust

Company respondent.
An annuity safe deposit and trust
chapter 1O7 General Statutes 1894, sec
tions 2S41 and seq.) is not a corpora ton
embracing banking privileges" within
the meaning of the constitution of Min
nesota, article 10, section l. That term
refers only to banks of issue or circu-
lation provided for in article 9, section
49, Hence the stockholders of annuity
safe deposit and trust companies are
liable, under article 10, section of the
constitution for corporate debts to the
them.
Where a general assignment of all
the corporate assets for the benefit OF
creditors has been made either under
the assignment law of 1876 or the in
solVency law of 1881, creditors. who
subsequently commence an action un-
der General Statutes 1873, chapter Ie,
section General Statutes 1S4. sec
ton $3.50 are not entitled, as a matter
of right, to have a receiver appointed
to SuperSede the assignee and take the
possession and administr ton of the
corporate assets out of his hands. But,
although they have no right to have n
receiver appointed, they may maintain
such an action for the purpose of en-
forcing the personal liability of stock
holders, such liability being one which
cannot be enforced in the assignment
proceedings.
Order sustaining demurrers re-
Yersed
Order refusing to appoint a receiver
affirmed. Mitchell, j..
John w. Chase and Emma NJ. Chase,
appellants, VS.. Walter S. Whitten,
respondent.
A court may at any time after final
judgment (at least where no rights of
third parties are affecteO correct it's
own clerical mistakes so as to make it's
IND f1trr,1 ont 0nJ1fn n
it should be; following Mcclure VS..
Bruck, 43 Mimi, 305.
Under Laws 1887, chapter &c (Cien. st.
1894, sec. 2212) a provision in a contract
after maturity merely works forfeit
ure of the interest reserved, and does
not render the contract void:
Order affirmed. Mitchell, J.
D. M. Osborne & Co., appellants, VS..
Fritz Heuer ct al, respondents.
o. having a judgment against Fl. and
another, H. and a third person exc
cuted to o. a promissory note payable.
at future day, for the amount of the
Judgment, the. note. expressly stating
that it was given for the purpose of
securing an extension of time sor the
payment of the Judgment.
Held, that this constituted an ac-
acknowledgement and new promise on
the part of H. which, as to hj,1. took
statute of limitations
Judgment reversed. Mitchell, j.
The Scott & Holston Lumber Com
pany, respondent, VS.. Paul Sharvey,
appellant.
Syllabus-In action to enforce a lien
on logs and timber by attachment a
return of the officer that he served a
copy of the writ of attachment and in
ventory thereto attached upon the sur
veyor general of the lumber district by
handing to and leaving with linn a true
and correct copy thereof is insufficient
because it fails to show that such g
copy was filed in the office of the sur
veyor general as required by Gen. st.
1874. sec. 2454.
The returns should show everything
necessary to constitute a valid levy. .
| Held, also, that, under the facts OF
the case, there was no error in the
courts refusing a new trial on the
ground of accident and surprise.
i Order affirmed. Mitchell, J.