The Saint Paul globe., 1897-10-30

lepa, effect was the same except that the
transcript certified that the amount ol lhe
Judgment was 81 more than 1t in fact WAS
Held as a judgment of the district court,
II was not void but irregular and vodable
if proper steps had been taken in due time 10
set aside the transcript and proceedings Ill
that court
argue another point on which the case turns
and which must be considered and disposed OF
before the court below can be reversed, the
judgment is affirmed. -Canty' D.
Mrs. ]. w. Prentiss,- appellant, VS.. Edward
Nelson, ct al, respondents.
In an action to enforce specific perform
ance of an alleged executory contract OF sale
of real estate.
He'd on the evidence. the pretended agent,
who made the contract in the name OF tAe
plaintiff, had no authority to do 50, ana
he court was warranted in finding that MS
unauthorized act was never ratified by de-
fendant.
State of Minnesota, plaintiff, VS.. W. D. Rus
sell ct al, defendants.
Syllabus-One of the five county commits
sioneTs of Polk county resided IN and was
elected from a commissioner district Wnlch
formed portion of that part of the county
which was afterward organized into Red
Lake county; after such organization he still
assumed to act as a member of the board
and the five selected the list from which
to draw grand jurors fer Polk county. On
motion TO set aside an indiG ment louha py
a grand jury drawn from said list.
Held he was neither de facio or de Jure
a member of the beard. but that MS taxing
part in the proceedings merely made them
irregular and not void; but it must, in the
absence of proof, be presumed that as many
as three of the other four members voted IN
favor of the action taken, and by reason
of the provisions of section 1889 defendant
cannot take advantage of said irreguiar1ty.
Some of the persons drawn for SAID grand
jury from said list were residents OF Red
Lake county at the time of selecting the list
and at the time of drawing the panel the
court ordered a special venire to be sum
moned by the sheriff to fill up the panel Ia
place of said persons
Held no ground for setting aside the in
dictment. -Canty' D.
State Of Minnesota planttn, vs.. w. D. Rus
sell and Charles Dohl, defendants
l. State VS.. Kobe, 26 Mimi 14S, followed,
dction to indict for misdemeanor even
though the statute gives a justice of the
peace jurisdiction of the offense. -
g Section 2 chapter 229, Laws OF 1882
gives to the municipal courts, provided for in
that chapter, exclusive jurisdiction TO near
all criminal complaints in criminal
cases heretofore cognizable before a
Justice of the peace.
Held. this was intended to make the juris-
diction of such municipal courts exclusive OIL
justice courts, but not exclusive of the dis
trict courts.
8. Held the words said place" in the in
dicment refer to the preceding words that
certain place. and not to the building or
the name of the town thereinbefore men
toned.
A. The indictment charges the defendant
with keeping open after II o'clock at night
their rsii iicensad saloon in a certain room in a
certain building; for the purpose of nega5iving
an exception in the enacdng clause OF the
statute it states that the room is not a
hotel. but it does not sta,e that the build
ing is not a hotel Held. sufficient; as it
does not appear in the indictment that % ae-
PENDANTS owned or controlled the rest OF the
building or carried on any business IN the
same. and ii is rot necessary that it should
appear whether they did so or not Orqer
certified affirmed. -Canty, j.