St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-01-09
SUPREME COURT DECISIONS.
The Minnehaha Driving Park Assoc
citation Wins ADpeal

The following decisions were handed down
by the supreme court yesterday:
Donald Z. Cameron, respondent vs. The Chi
cago Milwaukee & st. Paul Railway Com
pany, appellant.
Syilabus-The provisions of S. S. 1890 2.661.
Genl ST. 1894, allowing the plaintiff reason
able attorneys fees in actions brought undar
me statute to recover possession of land
taken, without compensation, by a railroad
tional
Judgment affirmed. Start c. ].
John T. West, appellant, VS.. P. M. Hennes.
sey ct al, respondents.
!, notion on behalf of plaintiff, to con-
absence and the absence of a witness was
properly denied by the trial court
Order and Judgment affirmed. Start c. j.
Wayland B. Augir, as assignee of Minnehaba
Driving Park Association of Minneapolis.
appellant, VS.. John Ryan. respondent
SyIlaous-l; In an action by an assignee,
for the benefit of creditors under the insol-
Vency laws OF the state, of corporation duly
organized under the laws of the state to re-
cover, from a stakeholder and former d.
rector OF the corporation, the amount of his
unpaid stock subscription, it is not de-
tense that the real purpose of the organiza
non OF the corporation was to foster gamb-
ing and the selling of pools on horse racing
aI& that the stock subscription was secured
to further such purpose.
z In order that former judgment should
OF estoppel as to any question of fact, it must
appear from the judgment or by extrinsic
evidence that such question was within the
issues of the former action, and actually liti-
gated and determined therein. If such judg-
ment and extrinsic evidence leave it a mat
ter or conjecture as to what questions of fact
were ntigated and determined in the former
action the judgment is not an estoppel
Judgment reversed. Start c. J.
Orlando II. Freeman ct al, plaintiffs. An
drew Olstrom, appellant VS.. The Children's
Endowment Society ct al, respondents
In an action against corporation to wind
up its affairs, under the provisions of Genl.
st. 1894, chapter rs, the court, by it's judg-
ment, directed the basis and order for allow
Ing and paying claims against the corporation,
and creditor became party to the action
and submitted his claim to the court for al
lowance and from an order disallowing it in
part he appealed Held that the only ques-
ton for review on his appeal was whether his
claim was allowed in accordance with the
provisions of the judgment in that resnect
and that 1t was adjusted. Held further
edy was to move the court to vacate or mod
ify them, and If the motion was denied ap-
peal from the order.
Order afiT med. Start c. r
Michael fanny, respondent, vs. Great North
ern Railway Company, appellant.
1. party, who, on the invitation of the
brakemen of a railway freight train, who has
no authority to receive passene srs or collect
their fares, takes passage in an exclusively
freight car, loaded with freight, paying to the
brakeman less than the regular fare is not
passenger, and the railway company ewes
him no duty such.
.. Evidence con siderei and held that 1t
does not sustain the verdict.
Order reversed. Start, C. ].