The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-05-22
RpypRsED TWO COURTS.
Supreme Court Finds Error I'm Ger
tain Decisions.


Supreme Court Finds Error I'm Ger
tain Decisions.
Justice Collins, of the supreme court,
Yesterday handed down seven decisions.
and reversed the lower court In TWO OF
them, both land cases. In the case or
A, d. w. Smith, respondent, VS.. Lille
Lambert. appellant, the dispute Is over
100 acres Of land, which the plaintiff
had purchased at tax sale. The syl-
labus Is:
A. d. w. Smith, respondent, VS.. Lille Lam
bert, appellant.
issued by the county auditor to q purchaser
at a sale of lands forfeited to the state ana
under the provisions OF General LAWS 1901,
chapter 1856, is not valid unless executed %t
the time of the sale, or WITHIN reasohapio
time thereafter.
2. 1t must be held, as matter on Jaw,
that such certificate was NOT executed "
issued within a reasonable time wnere II
simply appears that the county AUDITOR, Oh MS
own motion or at the request OF the puE-
chaser, executed the same more tnah owo
and one-half years after the SAFE ana niole
than two and one-half years AFTER ne mao
issued certifcate-invalid on It's race
which had been accepted by the purchaser
Judgment reversed. -Colnhs 1'
The other reversal is in the case Of Louis
Parier's appeal from the Judgment OF the
lower court in a suit against the Itasca coun-
ty commissioners, involving the assessments
for damages from the laying out OF county
roads. The syllabus follows:
First-A person who has made an entry Oh
government land under the provisions OF the
United States homestead act. at the proper
land Office has received receivers recelpt
for the fees required upon such entry anu
resides upon the land conveyed by such entry
when county commissioners lay out ana
establish public road across the same. as
authorized by General Statutes 1894. section
~ nnd
owner of the land for all purposes connected
with the laying out and establishment Of such
road. He is therefore entitled to have the
damages he has sustained assessed ana
awarded by the commissioners.
Second-On an appeal under the PROVISIONS
of General Laws 1895. chapter "a, from the
decision and determination OF the comm1s-
sioners laying out and establishing public
road the appellant has the right, if his notice
of appeal be sufficient, to contest the regular
ity of the proceedings on which the decision
and determination Of the commissioners Is
founded, as well as the validity OF the decision
and determination itself, and. If unsuccessful,
he may have reassessment of the damages
he has sustained by reason of the laying out
and establishment of the road.
In the suit OF James Flanagan, who was
hurt in collision with a street car, against
the ST. Paul City Railway company, the
plaintiff wins, just as he did In the lower
court The supreme court says:
James Flanagan respondent, vs.. st. Paul
City Railway Company, appellant.
Held. in an acton, tried by the court with
ceived by plaintiff and for damages done to
his property in a collision with a street car,
that the evidence supported finding that the
motoneer was negligent in the operation OF
the car. And also that it was not conolusively
shown that plaintiff was guilty of contribu-
tory negligence, which would preclude re-
covery.
Jacob Pruke. respondent, VS.. South Park
Foundry and Machine Company, appellant.
Held in a personal injury case that the
evidence was sufficient as to defendants negi-
Of the injury, to support the verdict in
plaintiffs favor. And further, that on the
evidence the question as to plaintiffs con-
tributory negligence was for the jury. Order
affirmed. Collins. ].
Pabst Brewing Company, appellant, VS.. w. W.
Butchart Sheriff, etc., st. Louis County,
Mimi. respondent.
l. In the absence of return to this court
from which the contrary is made to appear 1t
must be presumed on appeal from a judgment
that it was duly authorized and regularly en-
tered. That the judgment was irregulariy en-
tered was unauthorized and unwarranted
cannot be made to appear by return which
does not purport to contain copy OF the judg-
ment roll or of all the papers and files which
should be made a part of such roll.
2. Where in an action in claim and delivery
the property in controversy has been delivered
to the plaintiff, and upon the trial the action
Is dismissed on the ground that he has failed
to substantiate his cause of action and right
to recover, the defendant is entitled to judg-
ment (under G.. s. 1894, seotion 5420) for
return of the property, OF for Its value In
case a return cannot be had, If In his answer
he has demanded such return. -
Judgment affirmed. Collins, ].
G.. E. Danforth, respondent VS.. National
Chemical Company, ct al, defendants. F. B.
Hart, appellant
judgment entered against corpora
ton on default for want Of answer in
an action brought to recover on q con-
tract for the payment Of money, only, which
action was instituted after the corporate prop
erty, effects and assets had been sequestrated
and receiver appointed under provisions of
G. S. 1894, chapter rs, for the benefit of all its
creditors, is not entitled to be exhibited and
allowed claim against the estate without
any further proof of the existence and bona
fde character of the claim on which such
judgment was predfcated A complaint in in
tervention made by an alleged creditor in
proceedings under chapter 76, based solely
upon such a judgment, states no claim, or
cause of action.
Pabst Brewing Company, appellant, VS.. Ed
ward Jensen, Assistant Police Court Officer
of Duluth, Mimi, respondent.
/. To prove an Indebtedness on the part Of
a judgment debtor and as of the day of its
rendition. the judgment of a court of compe-
tent jurisdiction is admissible in evidence, in
is competent evidence of it's own existence and
of its legal effects, for and against strangers,
well as for and against parties and privates.
OF course 1t may be impeached by strangers
on the ground of fraud and collision, and
perhaps on other grounds.
2. Several questions raised on this appeal,
but Of no special consequence disposed Of.
Order affirmed. Collins ].