The Saint Paul globe., 1897-06-06
ANTICIPATE THE ALLEN
CASE.
WHERE WIFE is DISCARDED
FOR THE LOVE OF A WARD, WITH
YOUTH AND COMLI-
NESS.
COMPANY'S POSITION
TRUST
Is Complicated by the Family
Troubles of the AIIens-Lawyers
Also Worried.

The wide discrepancy that sometimes
exists between theory and fact-even
though the theory may emanate from
the supreme court-was forcibly exem-
plif1ed yesterday in case before Judge
Kelly at special term. 1t was the fa-
miliar suit of William H. Allen, by
Anna G. Allen, his deserted wife,
against the Minnesota Loan and Trust
company, of Minneapolis. The case has
already been to the supreme court on
the question of the right of the de-
serted wife to maintain the action.
Judge Kelly had previously decided
that the statute giving the wife the
right to bring action at law in the name
Of her husband did not apply to case
Of this kind and so ordered judgment
for the defendant, but the supreme
court reversed Judge Kelly and de-
clared that Mrs. Anna G. Allen could
maintain the action in behalf Of VIII
liam H. Allen, her deserting husband.
The theory advanced by the majority
of the supreme bench-for Judges Start
and Collins diSSented-waS that the in
terests Of husband and wife in the &C
ton were the same, that the action
was presumably brought in the inter-
est and for the benefit of the husband.
In view Of the sweeping language of
the statute giving the wife the right
to bring such actions as the husband
might bring, the supreme court felt
constrained to decide as it did, or else
declare the statute unconstitutional.
AS matter of fact the action against
the Minnesota Trust company was
hyT Mrc
ner husband to recover some $4,000 held
IN trust by the company for one Edith
M. Allyn, young lady for whom Will
! nam ii. Allen had deserted his wife
ana with whom he had run away. ac-
corolng to the allegations of the com
plant
MISS Allyn, it appears, had been sun
iorted and brought up from childhood
1 py MT and Mrs. Allen, and Mrs. AL
zen Is now suing to recover S3 OO0 for
the support and maintenance of tba
young woman. incidentally Mrs Al
len mas brought suit against the voI1no
woman herself for S., 900 damages foe.
! ai1enatlon of her husbands affections
/ IN, IN view OF these circumstances Ind oe
Kelly did not regard the suit of WE
liam H. Allen by Anna Allen hic WI da
serted wife, against the Minnesoto
Loan Trust company. as ono
Dfought IN the interest and for tbe
penent of William H. Allen and he
telq mat the statute allowing the wife
~ ~ ollng actions for the husband did
not apply to the case
/ How far from Identical oro 49,
lerests of Mr.. and Mrs Allen in tbio
sun appeared yesterday, when the ar
/ torney for the Minnesota r I,oan g. ,r,,,s+
company, w. J. Halen, of Minnean noIis
! ddppeareo before Judge Kelly and laid
! loie tne court stipulation thar
Judgment be entered in favor of ~
defendant. That stipulation was SignnS i,s
oy Messrs. Stevens, O'Brien. Cole anG
1Alpfecht, who were authorized IN sion
! II oy the written authority of nrne
0sher 1., than William H Allen himself.
ne document constituting this firm
MS attorneys was dated at
a Town IN Florida. May Is last and
signed by w. H. Allen. On the strenoth
:! OF the stipulation for Judgment the de-
;! Iendant moved for an order lirectin o.
the clerk of courts to enter iudpmanf
III the action IN favor of the Mime
T.. sola Loan e. Trust company and
S'itst he me Plaintiff William H. Allen
py anna l.. Allen, his deserted wifa ;,
"nhout costs to either party.
put thefe was objection internosed
~ l.iLs proposed amieable adjustment.
1itother attorney in the person of
niuiIi lrey Barton Esq, appeared
Z 80 tfls~ scene Mr.. Barton may be
g sdiu 70 nave appeared specially" Ee
ot'Jeefed Strenuously to the grant;no
CT the motion, and likewise to, the s,,h9
st!tullon of Attorneys Stevens O.R IN
Ccie and Albrecht for the. plaintie Ha'
Mf. Barton, had been EMPLOYED &C an
( attorney for the plaintiff. and said ON
/! pioy nent was, through Anna T, AlIen
tne deserted wife of the p!aintiff Nh
| barton declared that he had nrose c,ft
ed such action in behalf of MS H1Ia,-
ana ne also 1ntimated that he va
1iot .Wofklng for his health. that his
services IN the case thus far were raa :
! soasably worth $500, and that no nart
tnef eof had been paid Neither had
t .if. nafton consented to any substifu-
l tlon or attorneys in his place. nor sba 4
lne court ordered such substitution
+ JUoge Kelly announced that bn
! W6uia take the motion for judgement
! Tor the defendant under adyisement
lou Nf@ ar rsirg phase the case
was presented in the motion of ArthI,
u. Gus 40 be substituted as aparfv
plalntlff IN the sction in place of Mr.
Aller. 1t s, ems that Mrs. Anna r
=! Allen las brought divorce suit
>. against. her husband in the distrif.s
court of St. Leuis county. and. that II,
/ that acton Arthur G. Otis has been
sfTe1nted receiver of, William H: Al.
le1r and ordered. to seq" ester all of fhe
I estatesef william H. Men found with
/ IN ff g ssafe CT Minnesota =
! Judge Jt1sNsprotfptly denied the mo-
ton Of 4feceiVer Gtis =,