The Saint Paul globe., 1896-12-09
MUST SUE SEPARATELY.
Supreme Court Decides a Stearns
County Contest.

County Contest.
Judge Collins yesterday handed down
five decisions in the supreme court
four Of them being affirmations. Per-
hapS the one of most general public
interest grows out of a Stearns county
election contest in which one Chisholm
contested the seat of Angus Haines
the defendant practically in the pres
ent case The plaintiffs sued to re-
cover for their services to Haines as
inspectors and canvassers Of the ball
lots cast at the election. The court
holds that while either of them, or all
three, separately, could sue Haines' fof
services rendered, the three have no
right to sue together. The syllabi Of
yesterdays decisions are:
Herman Moede, August label and A. F. Neh-
ring, Board of Inspection and Examination
al, respondents.
In proceedings to contest an election bond
was executed, approved and fled conditioned
as required by the proviso G.. S. 1894 Sec. 1893,
but in which the contestee was named
obligee. Held, that upon the breach of such
conditions an action could be maintained by
each of the persons to whom an examination
and inspection Of the ballots referred, in
his own name.
But held that joint action by such persons
to recover compensation for their services
and for money expended by them in connec-
ton Herewith, would not lie.
Order affirmed Collins, ].
Commercial Bank of st. Paul, respondent, vs..
Azotine Mnfg. Co. ct al, defendants; Phillip
Reilly ct al, appellants.
1. According to its articles domestic cor
poration was organized to manufacture and
deal in azotine and other fertilizing materials
gr ease and stearin."
Held, that it was not organized for the pur-
pose OF carrying on q manufacturing business
exclusively, and that its stockholders are not
within the exception found in the Constitu-
ton, Art. x, Sec. q.
2 Certain assignments of error relating to
rulings upon the trial of this action which
was brought to ascertain and enforce the
double liability of stockholders in the corpora
Order affirmed. Collins. J.
]. v. Perkins and Asa Wright. appellants
VS.. Frank Mellcke ct al, respondents
1. justice of the peace is authorized by
G. S. 1894, Sec. 1856 to issue writs Of attach
ment directed to the proper oficer of any
county in the state, for the purpose Of caus-
ing an attachment Of property in said county.
But BUT sueh .I justice cannot obtain Jurisdiction
over the person Of party issuing such a
writ In the form prescribed in Sec 5092 caus-
ing property to be attached and the writ to be
read to such party in the county to. which it
is sent for service, and a return of such sery-
ice made and fled in his Office.
2. In such a case the defendant who ap-
pears specially before the Justice on the re-
turn day mentioned In the writ objects to
any further proceedings and moves to dismiss
on the ground that the Justice has not OBJ
tanned jurisdiction over him does NOT waive
his rights (and make general appearance)
by filing an answer, in which he again insists
| that the court has no jurisdiction, after his
motion is denied and by taking part in the
trial
Judgment affirmed. Collins. 7.
Robert Crowley and Annie Crowley, appel
lants, VS.. G. N. Nelson Lumber Co. ct al,
respondents
l. Where grantee named in a deed sub
seQuently conveys in due form the land de-
scrlbed, 1t Is immaterial that the deed was
executed without his knowledge and was not
actually delivered to him, but was delivered
to the party who actually purchased the land
and procured the execution of the deed in
Wh1ch he was named grantee, He ac-
quiesces and assents to the transaction by
/, MS SUBSEQUENT conveyance. Nor is the valid
ity OF the deed to him affected by the fact that
his grantor had no knowledge when ex-.
eeuting and delivering the same that the real
purchaser was not named as grantee therein
2. A contingent right of dover is an incu.n
brance on land previously conveyed by the
husband alone within the covenant against
membranes, and this rule has not been
changed by the fact that estates in dover
go nomine nave been abolished and there
has been substituted in this state, In lieu
thereof, life estate in the homestead of the
husband and title in fee to an undivided one
third of other lands.
&. 8. The obligation to remove this incum-
brance remains upon husband who has sold
and by deed with full covenants of warrantv
mas conveyed lands without having his wife
Join In the execution of such conveyance.
a. When a party to whom such lands have
been subsequently conveyed secures the evec,,o
tion and delivery of another deed from the
husband, IN which his wife joins the trans
action is not to be treated as a purchase. Of
the land, and the rules OF law regpect,ne
fraudulent representations OF concealments
IN such purchase has only limited appIica
tion to it. fe
5. Held in this action which was hrouobt
by husband and wife to set aside nilif
claim deed made by them to one of the de-
PENDANTS upon the ground of fraudulent rem
resentations and concealments that findings
OF fact to the effect that the husband ba5
| nP md Nv 49,
covenants OF warranty-in which deed tTe yrifa
did not Join-had conveyed the land in o1Iess
uon to third party, who subsequently, soId
and conveyed the sa&le to such defnnnan+
and, further, that no reason had bean sho.,r
for setting aside the quit claim deed were
warranted by the evidence "o0
Order affirmed. Collins. j.
Joseph Mercil, appellant, VS.. M. BrouiI1ett.
ct al, respondents.
l. II person lawfully entitled to the ms
session of real property can make peaceshla
entry, even while another is in occunafion'
the entry in contemplation of law, gives nr
restores him to complete possession.
2. This rule, applied In case where NF
who was entitled to the possession of land
which had been plowed and cultivated bv n
tresspasser, for number of wears enteraS
upon the land in a peaceable manner in the
spring of the year, and. without real oDposi
tion from B, proceeded to seed the ground
from which, in due season a eron ~ rra,r
was raised. Held that nj was the owner Of
the grain was entitled to the possession.
order reversed. Collins, J.
Supreme Court Call To-day.
Isl. Old Second National Bank of Aurora