The Saint Paul globe., 1899-04-20
and NOT A REVERSAL
NINE DECISIONS HANDED DOWN
BN THE SUPREME COURT
YESTERDAY
WRITTEN BY; START AND BUCK

WRITTEN BY, START AND BUCK
City Of Red Wing Loses, an Appeal
in u Personal Damage tCuse-
Thief River Falls Declared u Le-
gal Municipal Corporation-Re-
garding Purchases Where Man
and Wife Are Separated
Nine decisions were handed down in the
supreme court yesterday by Judge Start
and Buck, in which the trial court Is sus-
tanned in each instance. The syllabi are
as follows:
State Farmers Mutual Insurance Com
pany of Waseca, Minnesota, Appellant,
vs., e. C. Gran. Respondent.
Sylabus-!f justice of the peace, upon
an application for change of venue.
transfers the action to a person not in
fact Justice and adjourns the trial Of
the action to future time to be had be-
fore such supposed justice and adjourns
his own court as to such action he has no
jurisdiction to thereafter upon learning
that such person is not justice to make
further order transferring the action to
another justice. Judgment affirmed.
Start, c. J.
A s
Charles Youngquist, Respondent
Syllabus- Where, husband and wife
as living together, and she purchases
goods on his credit such as. in the or
binary Arrangement of his household are
required for family use, the presumption
is that she is authorized so to do But
where they. are living separate and apart
the seller in order to establish the hus-
bands liability for goods purchased by
the wife must aff1rmatively show the
wifes authority in fact, expressed or i'm
lar fn 1n6c
goods sold were necessaries and that he
neglected or refused to provide a suitable
support for his wife.
Z Rule applied and held that the trial
courts conclusions of law in this case are
sustained by the facts found. Order
Rffirmde. Start, c. J.
A. G. Johnson, Respondent VS.. F. S.
Simmons, Appellant
: Observation-Disclosures considered and held
to support the verdict. Order affirmed
Peter Lyons, Respondent, VS.. City Of Red
Wing, Appellant.
Syllabus-1. Precise and absolute GER
of the place, where a party is injured, in
his notice to the cuoncil of a municipal
corporation, required by laws 1897, chapter
s4S The notice is sufficient In this re-
spect If the place of the accident is so de-
scribed therein that the proper municipal
officers may by reasonable diligence iden-
tify it. Held that the notice in this case
was sufficient.
2 Method of serving such notice on the
council indicated, and held that, where as
In this case, the notice is presented to and
left with the clerk having charge of the
records and files of the council at a meet
Ing thereof and Is by him then presented
and read to the council, the notice is prop
erly served on and presented to the eoun-
Gil.
8. In an action for an injury caused by
q particular defect in a sidewalk evidence
that the walk at or near the place was
generally in bad condition is competent
as tending to prove notice to the city of
the particular defect.
4. The surgeon who attended the plain
tiff injuries testified that he made no par
ticular record Of the case. He did not
give Ii his opinion that the injuries
were serious. Held that it was not error
to sustain an objection to the question on
cross examination. whether he did not
always keep a record of cases of q serious
character.
5. Rule, that where parties have by
consent tried an issue not made by the
pleadings they are bound by the result
followed.
G. Where an instruction to the jury is
indefinite the giving of it is not ground
for exception. The remedy is to ask for
further and more specific instruction.
l. The mere fact that a person knows
that a sidewalk is in defective and dan
gerous condition does not as a matter of
law impose upon him the duty of abandon
Ing the use of the street or else use it at
his peril. He is bound in such a case to
use ordinary care; and no higher degree
of care, that is, he is bound to US rea-
sonable care In view of all of the cir
cumstances of the case. including his
previous knowledge of the condition of
the walk. Order affirmed Start, C. J.
state Of Minnesota ex rel Henry w. Lee,
appellant, VS.. City of Thief River Falls
ct al, respondents
Syliabus-l. Chapter 81, Laws 1897. le-
gahZlng the Incorporation of cities of the
class therein designated is a genraI law
and constitutional.
Thn off Of {af
virtue of such statute legal municipal
corporation. Order affirmed.
Start, c. J.
B. E. Olson Company respondent. VS..
.Wm. B. Brady ct al. defendants. VIII
lard w. Morse, doing business as Sc
-cur1ty Warehouse Co., garnishee, ap-
pellant.
Syllabusl A garnishment proceeding
s not a separate or independent action.
t is incidental to the main action against
The defendant.
2. Where a supplemental complaint is
hled against the garnishee and issues
tried between him and the plaintiff in the
action the court will take judicial notice
of the entry of Judgment against the
principal defendant.
8. The garnfshee herein received GER
tain goods for storage and agreed uncon-
ditionally to indemnify the owner against
the loss thereby by fire. The goods were
totally destroyed by fire while so in his
possession. Held that when the loss oc-
CURED the liability of the garnishee fol
the value of the goods became absolute
and that judgment herein against him as
garnishee was correctly ordered.
a. Evidence held to sustain the findings
of the trial court Order affirmed
Start, G. J.
Charles Clifford, appellant, VS. Frank G
Minor ct al, defendants, Annie H
Ryan, r. SJondent.
Syllabus-Evidence considered and helt
sufficient to justify the finding Of the
trial court
The mere fact that q person purchase:
rand subject to a mortgage does not rem
der him nerSonally liza hle to the .rrantnr