St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-26
THE PlLLsguRY BROTHERS
Secure the Homestead of
Wells Tuman, Consist
ing Of 80 Acres.ssii
THE CARVER LIQUOR CAS-
Decided In Favor Of the
County Commissioners.
Other Decisions.

bv the supreme court yesterday, all
written by Justice Mitchell. The list
contains two reversSls in the cases Of
G. S. Hine, appellant, VS.. Nathan
Myrick. respondent, and the mort
gage case of James d. Shearer, ap-
neIlant. VS.. O. GunderSon, respond
ent, which was decided on a technical
point. Another case of some impor-
lance is one in which George A. Pills
bury and John S. Pillsbury figure
as respondents and Wells Fuman as
appellant. This case is decided in
favor of the Pillsbury brothers, and
by the decision they get the eighty
acres of land, the homestead of the
appellant.
The Carver county liquor case is
decided in favor of the commission
ers, whom, the court says, fao$a
right to issue license for such
time as they saw fit, one Zeglin
suing to compel them to issue it for
a full year.
The titles and syllabi Of the ctses
follow:
Charles S. Hine, appellant VS.. Nathan
Myrick, respondent. -e~-
When a cause has been called for
trial on issues of fact any order or
ruling thereafter made, such as or
dering judgment on the pleadings.
which it is claimed prevented a party
from having a fair trial of such is
sues, constitutes grounds for a mo-
ton for a new trial, and an order
y, &c
appealable. g.
A covenant by the grantee of mort
gagged premises to pay the mort
gage" is a covenant to pay the debt
secured by it. Order reversed.
MITCHELL, J.
THIS, TOO, REVERSED. : .
James D. Shearer, appellant, VS.. o.
Gunderson, respondent. 10
In an action OF replevin where, eas
against the general owner, the other
party claims the right of possession
by virtue of lien it is incunbeht9on
him to prove its amount. Judgment
reversed. MITCHELL ].
VICTORY FOR PILLSBURYS.iI n,
Wells Tuman, appellant, VS.. George
A. Pillsbury, John S. Piilsbury ct al,
respondents. gss.
A power of attorney executed oby
the plaintiff and his wife, authorized
N. as their attorney to sell and con-
vey any land which I'VE may here
after acquire or become seized of, or
in which we may hereafter be in any
way interested under the act of con-,
gress approved March 8, 1873.a1, grant
ing additional lands as ho1nesteadsoto
hofiorably discharged soldiers, etc" .,
Held, that the power authorized N. to.
sell and convey land afterwards en-
tered by the plaintiff under the act of
congress referred to, as soldiers ad-
ditional homestead"
Webster vs. Luther, so Mimi ", fol-
lowed to the effect that the right
given by U. S. Revised Statutes, Sec
ton 1906 to enter "a soldiers addition
al homestead is assignable Judg-
ment affirmed. MITCHELL, j.
FINDINGS JUSTIFIED. Ks
William Fowlds, respondent, VS. A.
L. Evans eft al, defendants, Duluth,
Huron & Denver Railroad Company,
appellant.
Evidence held to justify the findings
When the competent evidence is such
as to require the findings made, the
admission of other and Incompetent
evidence Is error without prejudice.
Order affirmed. MITCHELL, j.
j., EVIDENCE SUFFICIENT.
Levi F. Straight and J. r. Gregory,
respondents, VS.. Robert C. Wight,
Is appellant.
1t is not necessary that the written
memorandum of a special promise to
answer for the debt of another should
expressly state the consideration for
the promise. It is sufficient If, from
the whole writing, it appears with rea-
sonable clearness what the eonsidera-
ton was; as for example to procure
credit for third party from the prom
isee.
Held, also, that the evidence was
sufficient to justify finding that notice
was given within a reasonable time To
guarantors both of the acceptanee of
the guaranty and of the default of
the principal debtor. Order affirmed.
MITCHELL, J.
INVOLVING PROPERTY.
Minneapolis & Northern Elevator
Company, respondent, vs. Board of
county Commissioners of Clay Coun-
ty, Minnesota, appellant.
Fhe personal property pertaining
to the business of merchant =.
snail be listed in the town or district
where his business is carried on Cen
eraf Statutes 1894, section 1916.
Held, that the place where the bust
ness Is carried on, within the mean
ing of this statute. is the places where
the property is kept for sale. The
mere buying of property in some town
OF district other than that of his resi-
oence would not render it assessable
at the place of purchase. Order. af-
firmed MITGr1TTeT
COMMISSIONERS RIGHT.-