The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-01-23

VS.. the northwestern Masonic Aid AS
ISOLATION in which some life insurance
points are passed upon. Following is
the syllabus:
Georgetta Beckett ct al, respondents, vs.
Northwestern Masonic Aid Association, ap-
l. Held, the district court has power to
set aside an order granting a new trial on
the ground that such order was enormously
granted, at least, if set aside before the
time to appeal from it expires.
2 TIE complaint duly alleged that the
probate court appointed G; B. guardian of the
named in the title of the complaint &c. B.
in her own behalf and guardian of A. b.
Held, the court might, after verdict, grant
leave to amend such title so to read
&c. B. in her own behalf, and A. B. by G. B..
his guardian"
s. Held, the widow and beneficiary of the
insured could not cross-examination in an
action brought by her Oh the life insurance
policy be questioned as to statements made
to her by her deceased husband in his life
time.
T. The insured was found dead with a
bullet hole in the back of his head and re-
volver IN his hand; the defense to the action
was that he committed suicide. There was
evidence tending to prove that there were
powder marks around the wound.
Held, for the purpose of rebutting the
theory Of suicide it was competent to prove
experiments made in dscharging the same
revolver loaded with similar cartridges, and
noting at what distance from the muzzle of
the revolver the object hred at was found to
be singed or powder burned.
5. Held whether a witness is sufficiently
qualified an expert, is a question of fact
for the trial court, and an appellate court
viii not hold the ruling thereon erroneous
unless it is clearly so.
6. The policy required proofs of death to
be furnished to the insurer, but did not
state what such proof should contain.
Held, plaintiff could on the trial explain
and contradict statements made in such proofs
as to the manner of death.
Held, the verdict is sustained by t evil
dence. Order affirmed. -Canty, ].
Among the others was one in the
long contested Grow Wing county an
nexation case, which affirms the action
of the commissioners. Following are
the syllabi in these cases:
State Of Minnesota, eX rel. H. w. Childs,
attorney general, relator, VS.. Board of
County Commissioners, Crow Wing County,
Mimi, ct al, respondents.
1. An information in the nature of quo war
rantO, brought by the attorney general will
lie against a county to GUST it from adjoining
territory illegally annexed to the county and
over which the county has assumed jurisdic-
ton.
2. Held, every presumption is in favor Of
the finding of the commission acting under
chapter 298 Laws Of 1885, that the petitions
presented are c0nformable to law and in favor
Of the proclamation of the governor made
pursuant thereto anneXing such territory to
the adjoining county, but such presumption
may be rebutted by showing that such find
ing is not supported either by the actual exist
ing facts or by any competent or proper evil
dence of such facts.
3. Held, the writ and information having
admitted such findings and proclamation is
insufficient because it does not sufficiently
allege any facts to rebut such presumption.
-Canty, j.
Francis S. Wheeler, respondent, vs. John D.
Benton, appellant.
A long course of dealing by an agent for his
principal, during which his acts had never in
any manner been repudiaIed by the latter,
held to raise a presumption that the agent
had actual authority to do what was done by
him III line with such course of dealing.
The principal is dead, the agent is the hus-
band of plaintiI, and under the statute can
not, without her consent, be called by defend
ant to testify. but be called by her; there
was no direct testimony in the case that the
agent had authority to bind his principal bv
the acts in question, plaintiff failed to call
said agent and failed to offer any evidence
to show want of authority in the agent.
Held, under all the circumstances it must
be presumed that the agent had authority or
that the principal subsequently ratified his
acts, and the court below erred in finding
against this presumption. Order reversed.
7; J. Shay doing business as T. j. Shay &
Co.. appellant, Security Bank of Du-
luth, corporation respondent.
/. Held chattel mortgage executed be-
fore, but not filed of record until after the
mortgagor makes an assignment, under the in
solvency law for the benefit of his creditors
is void to such creditors
2. Held, the purchaser of the mortgaged
property from the assignee has the same right
the assignee himself to avoid the chattel
mortgage on the ground that it Is fraudulent
as to such creditors.
3. Held, such an assignee is presumed to
represent creditors of the assignor and the
burden is on the party asserting the con-
trary to prove it.
4. Held the burden is also on the party as
sorting 1t to prove that the creditors of the
assgnor had such notice Of such unrecorded
mortgage, that they are not in a position to
take advantage of the failure to file it of rec
ord. Judgment reversed.
-Canty, J.