St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-20
IVES is SAT UPON.
Decision in the East Grand
Forks Liquor Case Is
Reversed
BY CHEF JUSTICE START
Who Decides That the Crooks
ton Judge Exceeded His
Authority
IN Filming A SALo0NKEEPER
On the Charge Of Contempt
and Interference--Other
Decisions Filed.
IN Filming A SAL00NKEEPER

Chief Justice Start handed DOWN
four decisions yesterday, the impor-
tant one being in the cases of Rus
sell and Quigley, who were fined
and imprisoned by Judge Ives for
contempt in interfering, as he
claimed, with witness in the liquor
prosecutions the judge was conduct
ing against the East Grand Forks
saloonkeeperS. 1t is held that the
court had no right to convict the
accused in cases of this kind upon
facts within his own knowledge, and
that the accused had a legal right
to hearing and to have witnesses
examined in his defense. The sylla-
bus and title of the case follows:
State of Minnesota ex rel. w. D.
Russell, relator, VS.. District Court,
Fourteenth Judicial District, Polk
County, respondent; State of Min
nesota, ex. REL, Hugh Quigiey, re-
lator, VS.. Frank Ives, as judge Of dis
trict court Of Polk county, respon-
dent.
Syllabus-General Statutes 1894, IS.
$751; 615S, $685. 6166, Gen. st. 1878 c. 81,
SIS. 3, 4, II, 12) construed and held:
1. That party proceeded against
for a constructive contempt OF court,
that is, one not committed in the I'M
mediate presence of the court, is en-
titled as a matter of legal right to
hearing upon the charge and to have
his witnesses examined in his defense.
2. That in such proceedings, the
court can not convict the accused upon
facts within it's own knowledge. His
guilt must be established, on the hear
ing, by competent evidence, and the
affidavit upon which the warrant for
his arrest was issued is not such evil
dence.
g. Held, that the conviction of the
relat is not supported by any COM
petent evidence. Judgments reversed.
START, c. j.
ANOTHER REVERSAL.
John F. Buechner, appellant, VS.. The
Columbia Shoe Company, respond
Syllabus. Under General Statutes
1894 g. 5164, father may maintain an
action in his own name to recover
damages for an injury to his minor
child in all cases where at common
law such an action might be MAIN
ing Gardner VS. Kellogg, % MINI. 1853.
g. In such action, it is not necessary
to expressly allege in the complaint
that it is brought for the benefit of
such child, when the only damages
alleged Or claimed therein are those
sustained by the child. Order reversed
and new trial granted. START, C. J.
VERDICT SUSTAINED.
Robert H. Salter, appellant, VS.. Ellen
E. B. Shove, respondent.
SyllabUis-1 Evidence considered
and held to sustain the verdict.
2. Certain rulings of the trial court
upon the admissibility of evidence
considered and sustained.
g. A tender to an attorney at law to
whom the demand has been intrusted
for collection is good. Order affirm
ed. START, C. ].
HAS JURISDICTION.
Ludowic D. Hause, as receiver of the
St. Paul Athletic Park association,
respondent, VS.. Stanford Newell, ap-
pellant.
Syllabus-The municipal court of the
city of ST. Paul has jurisdiction of a
suit, by a receiver, appointed in an
action, under the provisions of chapter
rs, General Statutes 1878, to sequestrate
the property of an insolvent corpora
ton, to recover from a stakeholder the
amount due upon his subscription to
the capital stock of the corporation.
Order affirmed. START, C. J.