The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-04-23

knocked out by the supreme court IN
his suit against the Western Union
Telegraph company for transmitting
libelous telegram sent by an irate
constituent
During the Legislature of 1893, Senator
Peterson received the message in
question. Since then the case has been
| in the courts and submitted to con-
siderable airing. The syllabus of the
decision, as rendered by Judge Mitch
ell yesterday, Is as follows:
written message alleged to be libelous,
was delivered to defendants operator at New
Ulm and by him transmitted by sound over
tn. w, wires to the operator at st. Paul, 70 be
the plaintiff. Held that this constituted a
publication of the libel.
Mere negligence. unless so gross as to
amount to positive bad faith, is not a
Hence an instruction to the effect that the
jury might award exemplary damages if they
found that the defendant was negligent in
employing the operator who transmitted the
message, or in failing to adopt proper rules
to prevent the transmission of Hbelous mes
sages, is erroneous. Order reversed.
Mitchell, j.
Ten other decisions were handed
down by Judges Mitchell and Buck,
being the second installment of de-
clsions Of cases heard before the April
term Of the supreme court.
The city of Austin won in the case
of w. H. Ryther against the city.
Ryther hitched his horse next to
telegraph pole, and the horse caught
his leg between the pole and the curb
stone and broke it's leg. The city, the
court held, was not liable, which re-
versed the lower court.
The following are the syllabi in the
several cases:
Bishop Iron Company plaintiff. respondent.
Id n
Forman ct al, defendants, respondents
Syllabus-The decision on the former ap-
peal (66 Mimi, 20 adhered to. Where the
judgment entered by the clerk is unauthor-
lied by the verdict, findings, or order of the
court, the remedy is by application to the
trial court to correct or vacate a judgment
and, unless such application has been made
this court will not consider the question on
appeal Judgment affirmed. Mitchell j.
!. N. Brown assignee of John F. FRANKIE
appellant, VS.. Alfred Scheffer ct al, re-
SpondentS.
Syllabus-On March 8, 1893, ]. F. F., while
heavily indebted to several persons, and be-
ing then insolvent, transferred a large stock
OF goods to his brother, M. F. G.,for the fraud
ulent purpose of avoiding the payment of the
debts of the former, but not with view
to giving preference to any of his cred
itors Among these creditors were defend
ants, to whom he owed S1,51S. %, and this
debt M. G. F. paid in full by turning over
to them the entire stock of goods which he
had purchased of ]. F. NJ Subsequently the
plaintiff was duly appointed assignee of the
replevin against defendants to recover the
stock Of goods so turned over to the defend
ants. Held, that he was not entitled to main
tain such action. Judgment affirmed.
Buck, ].
In re guardianship of Patrick Kelly, Patrick
Kelly, respondent VS.. Margaret Kelly,
Syllabus-The constitution, Art. 6, Sec Z,
provides, that "a probate court shall have
jurisdiction over the estates of deceased per-
sons and persons under guardianship"
Held, that under such provision the probate
court had jurisdiction to allow and order paid
out of the estate Of an insane person the wit.
ness fees and attorney fees incurred upon
person to have hts restoration to capacity ju-
dicially determined, under G.. S.. 1894, Sec.
1853.
Order affirmed Buck, J.
Minnie Croft, respondent vs. Chicago
Great Western Railway Company, appel
liant.
Syllabus-Evidence considered and held
sufficient to justify the verdict Of the jury.
Order affirmed. Buck, ].
Reinhold zegin, respondent, VS.. Board of
County Commissioners of Carver County,
appellant.
Syllabus-On September 7. 1893, plaintiff ap-
piled to the board of county commissioners for
d llCeHSS W Sell intoxicating LIQUORS for
year and filed the necessary bond and paid
the required license fee into the county treas
ury. On Nov. IA, 1895, the board granted and
rendered him license purporting to be for
year from July l, 1893, which plaintiff declined
to accept and demanded a license in accord
ance with his application or a return of his
money, which the board refused.
Held, that the board had no authority To
issue, and the plaintiff was not bound to ac-
cept such license and he can maintain an
action to recover back his money.
Order affirmed. Buck. 7.
John Lundberg, appellant, VS.. A. D. David
son, as assignee of the State Bank Of Du-
luth, respondent.
Syllabus-The fact that the mortgaRor or
the occupant OF the mortgaged premises has
become insane does not suspend the power OF
sale IN the mortgage or render void a sale
under 1t. If the power is exercised in bad
falth for the purpose Of using such disabil.
ity to gain an improper advantage of the
mortgagor, the courts will set aside the
chaser, at the sale, acted in entire good
faith and In ignorance of the disability of
the mortgagor, the mere fact that the prop.
value and that the mortgagor was insane at
the date of the sale and SO continued until
after the expiration of the time of redemption,
will not of itself entitle the mortgagor to
have the sale set aside to redeem from
1t after the expiration of the period of re-
dernption by statute. especially where the
purchaser at the sale has entered into law
full possession Of the premises and made val
liable repairs and improvements. Order al.
frmed. Mitchell
Sarah E: Eddy, respondent VS.. Frank Kelly
ct al, defendants; Mary Kennedy, garnishee,
appellant.
Syllabus: A testator devised to his wife
certain real estate Ito be by her disposed OF
in such manner to pay certain specified
legacies He also bequeathed to her all his
personal property excepting that, out of the
property, she shall pay as soon as con-
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