The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-07-08
AID. DANIEL G. BARROW of MOOR
HEAD is OUSTED BY THE
SUPREME COURT.
He WAS AHEAD OF THE WARD.
WARD NOT FORMED UNTIL.
MAY.
SHERMAN HOUSE RENT DISPUTE.
Ii Decided in Favor of Sleeper
School District Organizations
and Their Permanently.

Justices Buck and Mitchell yesterday
cleared up some more Of the business
before the supreme court, the most i'm
portant decree Of the court being a
writ of custer directed to Aid. Daniel
G. barrow. Of Moorhead. who was
nasty enough to serve as alderman
from the Fourth ward of the CLAW
county capital when as a matter of law
anu Iact there had been no Fourth
Waro constituted. The Fourth ward
mas since been legally CONSTITUTED. but
the court holds that as this action was
taken In May 1t does not establish the
right OF barrow, who was elected In
Feoruary. The syllabus in the case ia
as follows:
State Of Minnesota, ex rel H. w. Ch,lds
attorney general, plaintiff, VS.. Daniel q.
barrow. defendant -
Under the charter of the civ NJ Moorh..a
I'll ordinances, resolutions and by laws NJ
It's city council of legislative nature must
Delore they take effect, be approved by the
| mayor Tor passed over his disapproyal by a
tWo-tn1rds vote, taken by yeas and nays Of
| the members Of the council present and yot
ing) and published in the ofacial paper 81
| the city. SS a -
I NV
| Is a legislative act
A certain resolution of its city council
wncn was approved by the mayor and pub
a ashed In the oficial paper, held to be SUI
nclent to subdivide a ward as of the date
OF Its passage, but not to have a retroactive
| enect SO as to validate a prior invalid at
tempt to subdivide it.
| Writ Of custer issued Buck T..
Ine court also decides in favor Of J. H.
| Sleeper in the suit brought against him by
| A
month rental for the Sherman house. and
Ten Eyck claimed $500. In the syllabus
which follows, "E" represents Ten Eyck
and IS" Sleeper.
John A. Ten Eyck, executor, etc., appellant.
vs. Julian H. Sleeper, respondent.
On the 18th day of February, 1890 leased
to for the term of ten years a hotel sit
| uate in the city of st. Paul, at a rental of
$500 per month. s occupied the hotel until
about the 18th of October, 1S93 when, by
reason Of the great depression in the hotel
business where said hotel was located, he
became insolvent and financially unable to
! pay the accruing rent, and for such reason
| was about to abandon the premises and leave
| them vacant the parties executed a written
modification of the lease upon the back there
| OF, whereby 1t was agreed that the rent
should be reduced to $3.50 per month from
| May l, 1893, to May 1. 1897, and that q
should make certain repairs on the hotel
| property necessary to protect 1t asked
for by 8. and thereupon 8 agreed to use and
purposes. which he. did until February, 1885,
| when he became insolvent and unable to
continue the hotel business any longer. BY
| the terms Of the original lease. not
| bound to use or occupy the property for hotel
| or any other purpose. paid the rental Of
| $3.50 per month until February, 1895, amount
| ing to nearly $1,000, and receipts given in
full payment and settlement OF rent to Feb
ruary, 1885,.
Upon an action brought by e to recover
the full rental Of $500 per month: Held, that
the written modification Of the lease rested
upon a sufficient consideration. Order at
afirmed. .'l Buck, j..
State ex rel Tracey, appellant, vs.; Clayton r.
Cooley as Auditor, etc., respondent
| State VS.. Cooley So MINI. GA followed to the
| effect that the respondent, is not estopped by
the judgment on former application for
mandamus from alleging that the school dis
| trict of which relator was treasurer had been
| dissolved.
| Where an independent school district has
been dissolved in pursuance to statute no pre-
sumption in favor Of the continued legal exist
ence Of the district under Gen. st. 1894 Sec.
| 3648 arises from the fact that certain inhab-
itants of the former district have persisted in
the usurpation Of corporate powers for one
| year after the dissolution
| Gen Laws 1885 Oh. ITO (Gen. St. 1894, Sec.
1919 providing for the dissolution OF indie,
pendent school districts Is not unconstitutional
as being delegation Of legislative powers.
Order affirmed. Mitchell-J.
| j.. appellant, T..
son, respondent.
General Statute 1894, Sec 5137 limiting the
time in which certain actions may be brought,
reads as follows within three years &C
upon liability by the doing of an act in his
official capacity, and in virtue of his Office OF
by the omission of an official duty including
the non-payment of money collected upon ex-
ecution.'
Held that the mere failure Of sheriff re-
ceiving money on redemption of real estate
mo no o. i'm na
party entitled thereto before any demand Is
made upon him for 1t, is not the omission Of
an official duty within the meaning OF such
statute and in such case an action against
the sheriff for the recovery of the money Is
not barred in three years from the time he
received 1t. Order reversed. Buck-J.
Ellen T. Window ct al, appellants, VS.. AL
C. Brown ct al. defendants; S. E.
Neiler ct al, respondents; L. G. Spooner
intervenor, respondent.
Evidence held sufficient to establish the ex-
ecution, loss and contents of certain writ
ten instrument. Buck ].
Joseph Schlitz Brewing Company appellant
VS.. c. H. Childs, assignee of John M. Warl
ct al, respondent.
On April q, 1895. W., being insolv-
ent to the knowledge of s., executed t
him his two promissory notes, the consid:
Grafton of which was past due indebtedness
of $SSS.63 and then present loan of $500
made by s. to W., and secured the whole
AOcA
was not made for the purpose Of inducing
w. to secure the past Indebtedness but tt
| enable him to continue his business with the
expectation that he might thereby pay his
debts, and S. was not guilty of any fraud
in fact, in taking security for his debt, bu
the same was void as a preference under
the insolvency laws of this state. w. made
an assignment under such laws for the ben.
eft of his creditors to the defendant May 10
1895. who took possession of the property de-
scribed in the chatte1 mortgage
Held, that while the mortgage was voit
as preference as against the assignee, 81
far as 1t secured the past Indebtedness. 1t was
valid as a security for the loan, and tina
the plaintiff is entitled to maintain this &C
ton to recover possession of the property
covered by the mortgage. Order, reversed.
Buck, j.
Supiah T. DAWSON appellant, vs. Elijah A
Harmon ct al, defendants; Charles X
Sherburne. respondent.
. Where the plaintiff in an actian brough
upon a joint contract obligation against thu
joint debtors, elects upon default of o
them to answer-to enter judgment agains
such defendant, the judgment is q bar to
Z subsequent action against the others, TIL
debt being merged in the Judgment. Judg
naent affirmed. Buck, J.
GETS A NEW TRIAL.
: MA