St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-19
He HOLDS HIS SEAT.
Auditor Westerman, OH carver
County, Was Eligible to
Office,
AND AN AMERICAN CITIZEN
During the General Election
OF 1894, Says the SUI
preme Court.
LOWER COURT is REVERSED
In the Case OF Vanish Against
the Pioneer Fuel Com
pany.
LOWER COURT is REVERSED

The supreme court handed down
five decisions yesterday, two of which
were written by the chief justice, and
the remaining three by Justice
Cantv. An important case is that
in which the state is relator, Fred
erick Westerman petitioner and
Leonard Streukins respondent, and
is a writ of QUO Warranto brought
in the name of the attorney general
to test the title of the respondent
to the office Of county auditor OF Car
Yer county. Streukins was elected
to that office at the general election
held in November, 1892, and duly
qualified and served his term of two
years. which ended on the first Mon
day in January. 1895. One F. West
erman received the highest number
of votes for that office at the gen
eral election held in November, 1894,
was declared elected and given a GER
tificate of election in due form, and
thereupon filed the proper bond,
took the oath of office, and at the
proper time demanded of respondent
possession of the office, which was
refused on the. ground that Wester-
mar had not been naturaliZed, and
was consequently not a citizen of
Minnesota. The supreme court de-
cides that he was eligible to election
The syllabus follows:
State eX rel H. W. Childs, attorney
general, relator, Frederick Wester-
man. petitioner, VS.. Leonard Streuk-
ems. respondent. CAVITY, ].
A minor of foreige birth and foreign
parentage came with his parents to
this state in 1852 when he was nine
years of age, and he and they have
since resided here. Immediately after
taking up his residence here, his father
duly declared his intention to become
citizen of the United States, served in
the United States army during the war,
and, as far as appears, always acted
In affirmance of the status acquired by
declaration of his intention, but has
never taken out naturalization papers.
One month and nineteen days before
coming of age said minor declared his
Intention to become a citizen of the
United States, and after coming Of age
was repeatedly elected to public office,
took the oath of office and served as
such officer. Thereafter, at the Novem-
ber 1894, general election, he was elect
ed county auditor. He never took out
naturalization papers until Jan. 10, 1895.
Held, even if his declaration of his
Intention was invalid by reason of his
minority, yet as he attempted 10 change
his status to correspond with the status
Of his father such declaration was ca
Dable of ratification on his coming ofage,
and he fully ratified the same, was ELI
gible to be elected to such office of coun-
~ auditor, and is .sltitled to the same.
ORDER REVERSED.
In the case of Edward Vanish as as
signee of ST. Paul Electric & Construc-
ton company, insolveht, against the
Pioneer Fuel company, the trial court
on certain findings of fact ordered
judgment for defendant, and from an
order denying a new trial the plaintiff
appealed. The order appealed from
is reversed by this court, which holds
that from the facts found the lien of
said judgment on real estate is an
unlawful preference and should be set
aside as such. The syllabus is as fol-
lows:
Edward Vanish as assignee of The
st. Paul Electric & Construction Com
pany. insolvent, appellant, vs.. The
Pioneer Fuel Company. Respond
emit Order reversed. CAVITY, ].
A creditor commenced an action
against an insolvent debtor to recover
a pre-eXisting debt and obtained judg-
ment by default for want of an answer
and docketed the same, but the COM
plant was not filed in the clerks office
until the day before the judgment was
entered; ten days after the entry of
such judgment the debtor made an as
signment for the benefit of his cred
itors under the Insolvency Law of 1881:
the assignee brought this action to set
aside the lien of said Judgment on the
a-tn q no h1