The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-02-03
NYE HELD BLAMELESS.
Minneapolis Troublesome GOOdnOw
Garbage Contract In Court.

Some suits that grew out of the old
Goodnow garbage contract in Mime
apolis before the present consul gen.
eral to Shanghai reached his present
position, were yesterday adjusted by
the supreme court.
J. c. Elwell sued to compel John
Goodnow to account to the partner
ship of which he, with MeSsrS. ElWell,
McMullen, Andrus and Marchant were
members, for moneys received from the
city of Minneapolis for the removal of
garbage. 1t was rich contract but
Elwell charges that John GOodn"w had
collected the money from the city and
failed to turn over CT account for any
of it to the membership. Therefore he
asked for the appointment of a re-
ceiver. William Roberts was ap-
pointed, and made a demand upon
Comptroller Nye for the warrants due
the partnership for a months work.
but the Minneapolis q Western Rail
way company had replevined them.
The court issued an order to Nye to
turn over the warrants to the receiver,
and in defending the action, he said
1T would be impossible, because they
had been taken by the sheriff for the
railroad company. For his refusal, the
court fined Comptroller Nye 800 for
constructive criminal contempt; that
is, contempt committed out of the
presence OF the court.
The supreme court holds that the
judgment of the trial court was not
warranted by the evidence, and that
the court had no right to render judg-
ment on matter within it's own knowl-
edge; that the charges in a case of this
kind must be supported by evidence
Moreover, 1t is held that Mr.. Nye can
not be in contempt, because he did not
turn the warrants over to the sheriff
,,;1x- ~, ol1o 10 do
mand backed by process of law.
The second decision disposes of the
warrants
The syllabi follow:
James T. Elwell. plaintiff, VS.. John Good
now, ct al. defendants; VII lam P. Roo
erts, receiver; AlonZo Philips, appel
liant
In an action by one partner against
his copartners, and the city Of Minneapolis,
and its comptroller and treasurer, for an
accounting of profits accruing TO the part
nership from certain contract with the
city, a receiver was appointed, pendente
come due from the city on account of
the contract, and by the order appoint
ing him the city and its officers were
required to pay the money to him and
enjoined from paying it to any one else.
third party, claiming to be the owner
and entitled to all money due. or to
become due, on the contract, by vir-
tue of an assignment thereof before the
commencement of the action, commenced
an action of replevin against the comp
troller to recover the possession of certain
city warrants calling for the payment of
money on the contract and the sheriff.
by virtue of process in the replevin ac-
ton, took the warrants from the comp
troller. Neither the sheriff nor such third
party were parties to the original ac-
tion. The trial court, in proceedings insti-
tu.ed against the sheriff alone by an oder
to show cause, issued in the original action
upon the return and hearing Of such order
its absolute order that the sheriff forth
with deliver the warrants to the receiver.
Held that such final order is appealable
and that the court erred in making it.
Order reversed.
James T. Elwell, plaintiff VS.. John Good
now, ct al, defendants; William P.
Roberts, as receiver. respondent, Wal
lace G. Nye, appellant State of Mime
sofa. ex rel. Wallace G. Nye, relator,
vs. District Court of Hennepin County,
respondent.
Held, that the judgment herein con-
victing the relator of criminal contempt
is not supported by the evidence Judg-
ment reversed. Start, C. J.