The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-21
AS CASS FOLKS COMMENDED.
PARTIAL DECISION IN THE CASS-
CROW WING LETIGA-
Ti0N.
SALTWATER CASES
TODAY,
Old Street Opening Cases VIII BE
Argued Before he states Highest
Tribunal.


Cass and Crow Wing counties. as well
as to those of other counties where
changes in boundaries have been made
or contemplated was filed by the SUI
preme court yesterday, Justice CAVITY
writing the opinion. The decision sus-
tains the validity of the law under
which the governor, auditor and secre-
tary of state are constituted a commits
sion to act in making such changes.
The Cass-Crow Wing dispute is not
settled finally by this decision for there
Is still to be submitted to the court, If it
be deemed advisable, the question as
to whether or not the number of votes
cast for the annexation of the Cass
strip to Crow Wing county was suf-
nc1ent to bring it within the law.
The syllabi of this and the other de-
clsions filed in the supreme court yes
terday are as follows:
STATE OF Minnesota ex rel. H. w. Childs,
Aaatorney General, relator.. vs. Board of
County Commissioners of Crow Wing
county, Minnesota, ct al, respondents
l. Held, the petition provided for in chap
ter 29S Laws of 1895, need not state the
number OF votes cast at the last preceding
snow the same by afadavits attached to such
petitions.
q. In State of Michigan VS.. McFadden,
% Mimi, 40, this court held constitutional
oh. 20S, Special Laws 1876, disorganizing Cass
county.
Held. the status of Cass county was there
directly involved, and that decision is con-
elusive in another proceeding involving that
status.
Held, the amendments Of 1881 and 1892 to
the constitution. being sections SO and 81
OF article 4, repeal by implication and COM
pletely abrogate all that part of section /.
article H., requiring laws for changing the
hnes or any organized county to be sub
mitted to the electors thereof before taking
erect. and Oh. 294, Laws of 1885, is not un-
provisions, -Canty. j
George e. Keene, appellant, VS.. James s.
Masterman ct al, respondents.
L. Held, on the evidence it was error to
dismiss the case on motion of defendants
at the close of plaintiffs evidence.
2 Rule applied that defect In pleading
is waived by voluntarily litigating the ques-
ton on the trial.
Order reversed and new trial granted.
-Canty. ].
William W. Billson. plaintiff, Nils A. Lind
eroergn as receiver, ETC., ct al, defend
ants; H. A. Ware ct al. appellants, vs.
Nils A: Linderbergh. respondent
l. Under sec. 5s12, G. S. 1894, cause Of
action for damages for fraud and deceit per-
petrated on plaintiff in the exchange of
property, will survive his DEATH
z The Judgment debtor, a resident Of this
state. was absent therefrom so that service
In supplemental proceedings could not be
mad on him; the judgment creditor attempted
by the same affidavit and order to commence
such proceedings against him under sec
54SS. G. S. 1894, and against third person
under sec. $780, service was had on such
third person, who appeared and disclosed
and a receiver appointed under Sec
5492, but no service was had on the judgment
time fourth party had in its hands assets
of the judgment debtor subject to be
reached on supplemental proceedings, but
such fourth party was never made party
10 any such proceedings, and no action or
other proceeding was ever commenced
against him by the receiver; about six
months after his appointment these assets
were levied on by another judgment creditor.
Held, the commencement of supplemental
proceedings against the judgment debtor
under section 5,4e6, and the procuring of
personal service him. gives a general
equitable lien on the assets subsequently, dis
covered by the judgment creditor exercising
proper diligence.
But held no service being had on the judg-
ment debtor herein, no such general lien was
acquired.
Held further, the proceedings gave lien on
the debtors assets in the possession or under
the control of such third person. but not on
the assets in the hands of such fourth party.
Held, that lien might have been acquired
on the assets IN the hands Of such fourth
party by the commencement of an action
against him by the receiver.
Held, in supplemental proceedings the an
alogy of the rights of the parties under a
creditors bill is adopted in many respects.
g. In this case the court ordered that if
the judgment debtor could not be found with
in the state, he be served by serving the or
der on his clerk in charge Of his office.
Held, this was not such service as would
give such a general lien.
4. The judgment debtor returned to the
state about three months after the receiver
was appointed, and then without any further
order Of the court the order appointing
receiver made or the disclosure was served on
him.
gave no such general lien.
g. After the appointment of the receiver
he contributed funds to pay the expense
of litigation in suit commenced before his
appointment by the judgment debtor against
such fourth party to recover the assets in
its hands.
Held, this alone without other proceedings
against such fourth party, gave no lien on
such assets for the payment of such judg
ment
Judgment reversed and judgment ordered
for appellants. -Canty ].
Thomas McRoberts ct al, respondents, vs.
William Macarthur ct al, appellants.
On former appeal, this court remanded
this case with directions to enter Judgment
for plaintiff for the undivided two-thirds of
the real estate in question and ordered
new trial to the other one-third; the order
remanding the case construed, held the direc-
tions contemplated the entry of judgment for
the two-thirds before such new trial was had
as to the other one-third, and although the
judgment so entered was irregular, it was
valid and plaintiff on entering the same was
entitled to tax and insert in the same his,
costs of the former trial, without any special,
directions as to such costs in the order
remanding the case.
Judgment affirmed. -Canty J.