The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-05-24
SHERIFF WlGENER'S BILLS
SUPREME C0tRr SAYS THE DE-
CISION OF THE DISTRICT
COURT WAS RIGHT
Interesting P0inF Decided as to the
-, Liability Of Railroad Companies
for the Acts of Their Employees
Mrs. Buckman's Appeal Fails.

- 81 ,
Inc supreme court In a decision writ
ter by Associate Justice Puck, sustains
the finding of the Ramsey. county district
court in the suit brought against the
? board of county commissioners by Sher-
III John WAGNER to. recover 81 459.45 In
wagner brought suit to recover from
the county fees for attempting to serve
processes where the. parties upon whom
tney We're to be served We're not to be
round. The suit also included. a large
Item Tor bringing prisoners into the mu--
nicipal court ~ s:it go }-e. 81 g
Respecting the latter the court says
that the sherir, under the law. is only
allowed fees for bringing prisoners into
court for preliminary hearing. A trial
In the municipal court the court holds
IS 1inal within its province, and the sher-
III IS not entitled to foes under the law.
Inc court holds that this applies to state
cases as well as city cases tn=the lower
court.
Inc supreme court also says that Mr..
wagner is entitled to no fees for return
ing the 2941 delinquent personal tax war
rants.
The syllabus, Is as follows:
'G Board wagner &c 9o,, sheriff appellant. VS.
ss yI1ab79s2 G1op9 N.Y. respondent.
which Which the sheriff of Ramsey county is
entitled for bring prisoners into tie mu
h MEL court ofi'the city Of St. Paul for
f ira IN s mat court charged with Of
minnesota, of which offenses said court
has final Jurisdiction, is that covered by
ms S5 per diem Tees foriattending said court
Held, also thaE the same rules applies
10 the sheriff $ compensation for services
rendered by him inhbrfnging before the
munlc1paf courts Eef the city of st. Paul,
trial = = Ian oey LII Hlla
:. q In criminal proceedings the term
examination" Is. al proceeding prelinni
nary to, and distinct from: a final trial
3. The sheriff&of Ramsey county pre-
scented to- the board of county commits
st So f OF said county, an itemized bill
OF fees for attempting to serve subpoenas,
wits OF attachment, orders to show
cause and personal property tax citations
issued In behalf Of The state, where tie
which fees were 4disalowed
Held. that an action would not lie
against said county for compensation for
such services Judgment affirmed =
In the damage suit brought against the
Great Northern railway. by Regina Buck
man. the court decides an interesting
/ controversy in the following syllabus
regina Buckman,- appellant, VS. Great,
y 9Softhern Hallway Company irespond-.
+ ent. : -
tSyllabus-Plaintif went with her hus-
oand into the ladies' waiting room, of de-,
PENDANTS depot,aWaiting there for the ar.
rival Of her slsten coming on defendants
: train when an epploNe of defendant in
Ecnarge OF said waiting room and author
posing 20 h nsfp % ana 9gGdfF bsy5 sup
her, was. not intact her husband, order
ed him to leave said room. and used
mars 1,s X 1i,, ana abusive language
ening demands aof him and thereupon,
,pla1nt1n. suffered nervous shock and be-
came faint sick and so remained for sew,
enploye Was not addressed to piaiatfft
nor nor was there any physical injury in
ficted upon PLAINTIFFS husband or her
selr ana at no time was she at any time
IN peril or danger of personal: injury by
reason of the threats or acts of de-
PENDANTS employe.
action would not lie in behalf of the
plaintiff as for private wrong Order
afprmed. Buck, J.
A Minneapolis tax case Is decided as
follows:
w. H. Gould, respondent vs.. Board Of
County commissioners of Hennepin
County, appellants.
Syllabus-Plaintiff's . land was illegally
assessed, and part Of te taxes thereon
Illegally levied: bntsbefore any action or
legal proceedings nwefe taken. to enforce
the CORRECTION Of said taxes, the plaintiff
voluntarily paid the same.
Held, that no action can be maintained
by plaintiff to recover back that part of
the taxes illegally levied but voluntarily
paid. Falvey. vs.. Board of County Com
missioners of Hennepin County decided
at this April term of this court fol-
lowed. Order reversed. Buck, J.