St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1896-02-01
SUPREME COURT REITERATES
THE RIGHTS OF TWELVE GOOD
MEN AND TRUE.
THEY ARE JUDGES OF FACTS.
COsRT HAS NO RIGHT TO DENY
THEM THE FULL IN
CURRY.
THE WHITE BEAR BOULEVARD.
Judge Brill Grants an Injunction
Against building 1t on the
Present Plans.

The following decisions were handed
down by Judge Buck in the supreme
court yesterday:
A. A. Lindholm, respondent, VS.. Itasca Lum-
Der Company, appellant, two cases.
Syllabus-L. commenced an action against
c., in Itasca county, and afterwards dis
missed the action. He then commenced an
other action against c., in Hennepn county,
and recovered a judgment for $567.4. About
one year thereafter c. had the costs in the
suit in Itasca county taxed against L., who
appealed therefrom to the district court, and
pending such appeal G. applied, on motion.
to the court in Hennepin county to set off
the judgment for costs taxed in Itasca coun-
ty against the judgment Of L., obtained by
him in Hennepin county. The attorneys for
l.. prior to such application gave due notice
of their attorneys lien for services rendered
plaintiff in the action in Hennepin county.
Held, 1. That one judgment cannot be set
off against another pending an appeal from
either until the rights Of the parties are
fixed and the judgment becomes final.
2. Held. also, that the court is not bound
without application of the party to retain the
proceedings until the judgment Is perfected.
3 Held, further, that as the proceedings
for set off were by motion the facts in this
case fully justified the trial court in the ex-
ercse Of its discretionary powers in refusing
to grant the set off.
The prevailing party taxed the costs upon
a notice served Saturday, wherein the
time set off for taxation was 10 o'clock a. m.
the ensuing Monday. which costs were IN.
serted in the judgment entered. Held, that
the taxation of costs not void. but sub
ject to be corrected upon proper application.
Order and judgment affirmed. Buck, J.
George Harris, respondent VS.. William NJ.
Hewitt, as receiver of Saltwater Street
Railway Company, appellant.
The case Of Greene VS.. Minneapolis and
st. Louis Railway Company, 81 MINI. 24S,
followed to the effect that where a servant
has knowledge of the defective instrument
tality furnished for his use by the employer,
and gives him notice thereof, who promises
that 1t shall be remedied. but neglects to do
so. and induces the servant to remain in his
employ, and who Is subsequently injured by
reason of such defect within the time fixed
when such defect was to be remedied. or
within which time it might reasonably be
remedied, the employer is liable if the in
strumentality not so imminently and I'm
mediately dangerous that q man of ordinary
prudence would have refused to longer use
1t, and that the question of contributory neg
ligence by reason Of such use by the servant
after such notice and promise to repair, is
not one of law, but of fact, to be settled by
the jury. Order affirmed. Buck, J.
Andrew B. Larson, respondent, VS.. w. A.
Kelly ct al, appellants.
Syllabus-1 Where a justice of the peace
neglects to enter Judgment in his docket
within three days after the action is sub
mitted to him for decision. and damage
thereby results to the prevailing party to
the action the justice and the sureties on
his bond are liable therefor, this being a
ministerial duty which the justice is re-
quired by statute to perform.
q The words judicial duties in a bond
given by justice of the peace for the faith
full performance of his duty, construed
meaning "ofice duties" Affirmed.
Buck ].
William Struckmeyer,- respondent, VS.. w.
L. Lamb, appellant
Syllabus: being the owner Of certain