Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1895-02-08
THE LAW CONSTRUED.
The Supreme Court Hands Down
Three Decisions for Filing
This Week.
Two Cases Defending the Legality
and Priority of Certain Personal
Property LIENS.
The Third In the Disbarment Pro
ceedings Against r. A. Eaton,
of Grand Forks.
Supreme COURT Iec1sions

Supreme Court DECISIONS.
In the supreme court Tuesday three
decisions were announced as follows:
Gaar, Scott & Co. VS.. Clements came
from Pembina county, where the trial
court had decided in favor of the de-
fendant. The object of the action was
to recover the possession of a threshing
engine. The defendant Obtained judg-
ment for the return to him of the prop
erty, the plaintiffs having taken it under
claim and delivery proceedings. The
plaintiffs claimed the right to the pos.
session of the engine by virtue Of having
a mortgage thereon given by the parties
to whom it had been originally sold.
Subsequently the defendant. who was a
boiler-maker at the request of the mort
gagors reflued the boiler. His reason
able charges not being paid, claiming a
lien under the statute, he perfected the
lien, foreclosed the same, and at the sale
bought in the property. 1t is on this
| title that he rested his defense.
Chapter SO of the Laws of 1890 gives a
| person who performs labor upon or fur
nishes materials for a thleshing engine at
the request of the owner thereof a lien
thereon prior to the lien of a mortgage
thereon duly filed, although such mortgage
lien existed at the time such work was
done or such materials were furnished,
provided such person perfects such lien as
required by the statute. Such statute is
valid.
Swenson We. Gaeenland was appealed
from Griggs county; is an action to de-
termine priority of title in some per-
sonal property between the mortgage
and tax lien holder. Judgment for plain
tiff. Defendant appeals. Reversed, and
demurrer to the complaint sustained.
J. E. Robinson for appellant, David
Bartlett for respondent. Opinion of the
court by Wallin, G. j. The following is
the syllabus:
A lien for taxes upon personal property
arising under Section go, Chapter 10, Laws
of 1890, does not attach until after a tax
has been assessed and levied. Nor until
"after the time the tax books are received
by the county treasurer of the county
! where such tax is assessed and levied.
In an action brought to foreclose an al
legged lien for such taxes there were no
averments in the complaint that the tax
claimed to be a lien was ever assessed or
levied and no averment that the treasurer
of the county in question ever received the
tax books in the years in question.
Held, that such COMPLAINT is insufficient.
In such actions the general presumption
that public officers have done their duty,
will not supply the place of material aver
ments of fact which are omitted from the
complaint.
In the matter of the proceedings for
disbarment of Robert A. Eaton, a mem
Der of the Grand Forks bar, wherein
Judge Templeton had sustained the
charges preferred against Eaton and
sustained him for two years, the judg-
ment below is reversed and the district
court directed to enter an order dismiss
ing the proceedings. Cochrane & Feet
ham and N. G. Young for the appellant,
Eaton; R. M. Carothers and J. B. Wine
man for the proceedings, representing
the bar association of the city of Grand
Forks. The opinion Of the court is quite
lengthy and goes into the evidence fully,
being rendered by Bartholomew, J. The
syllabus is as follows:
Where the statute enumerates ground
for the disbarment of an attorney, no other
grounds can be considered by the court.
Evidence in this case considered and held
| in III fioinp,t fn W. vrro tb.n E,,Ii,,~ IF 49,,
fact that is ground for disOarm ent under
the statute in force in this state.
In this case Corliss, j., took no part
either on the argument at Fargo, or in
the preparation Of the decision.
The Month of January.
The weather bureau gives out some
interesting data of weather for the month
of January just passed. The mean tenn
neratnra for kha month was u wh;ch ;o