The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-06-29

Can Do What 1t PIeases With the
Property Surrounding the Work.
hOuse-FOur Decisions FiIed-Ex-
Sheriff Chapel Successfully De-
tends an Appeal-Street Car Case.
| The board Of park commissioners won
victory in the supreme court yester-
| day in the case brought against 1t by
| the workhouse board for temporary in
| junction to restrain 1t from using a GER
tain tract of land belonging to the latter
! in constructing the proposed Lexington
| avenue boulevard.
The park board won in the lower courts
and the matter was carried to the states
| highest tribunal a few days ago. The
decision of the supreme court gives the
park board full right to proceed with the
| construction of the Lexington boulevard.
! through the workhouse premises, to Lake
! Como
| Chief Justice Start handed down the
following order yesterday afternoon:
'In the case of c. J. Montford ct al,
| the board of workhouse commissioners,
against J. A. Wheelock ct al, the board
! of park commissioners. A motion herein
for temporary injunction pending the ap
| peal having been heard and considered
| upon an order to show cause, 1t Is order
| ed that the motion be and Is hereby de-
MED, and the order to show cause and
the restraining order be discharged
! Judge Mitchell yesterday handed down
four decisions in which the lower court
| suffers one reversal. A case against for
| mer Sheriff Charles E. Chapel and his
| bondSman, w. r. Merriam, brought by
David c. Hull. to recover money received
| from the foreclosure of a mortgage exc
cuted by Mr.. Chapel while in office, is
decided against the plaintiff. Chapel col
lected the money and offered it to Hull's
agent, who refused to accept the tender.
Later Mr.. Hull demanded the money and
was refused payment. Action was begun
| against Mr.. Chapers bondsmen and the
| party to whom the mortgage was fore
| closed. The court says that Mr. Mer
| RAMS name was attached to Sheriff
Chapel's bond for a good and faithful
! performance of his duties, and when
| Mr.. Chapel rendered the payment and it
| was refused further liability on Mr. Mer-
RAMS part ceased. The syllabus is as
| follows:
| David c.: Hull, appellant VS.. e. S. Warner
| and Charles Kittleson, respondents.
David G. Hull, appellant, VS.. Charles
E. Chapel ct al. defendants, William r.
T. Merriam, respondent.
Syllabus-A sheriff having received on
redemption from a mortgage foreclosure
| sale money belonging to the plaintiff duly
| rendered payment thereof to plaintiffs
agent who had full authority to demand,
| receive and receipt for the same, but the
I agent, without any just or lawful reason,
| refused to accept or receive the money.
+ Subsequently the plaintiff demanded pay
| ment of the money from the sheriff which
| he refused to make.
In an action on the sheriff's official bond
! to recover the money, held that the sure
! ties were released from liability by. the
! refusal of the plaintiffs agent to receive
| the money when rendered by the sheriff;
| that the subsequent refusal of the sheriff
| to pay the money on demand di notSfe-
E.yiye their, liability or constitute new
+ breach of the bond which rendered them
I, Liable for the non-support of the same
| fund which had been previously rendered
and refused.
| Held that upon the facts the court was
l. not guilty of any abuse of discretion la
| opening default judgment and granting
and Judgment affirmed Mitchell J.
| Other decisions were: Max Gagne, as
| administrator of Ferdina Gagne, deceased
| appellant, VS.. Minneapolis Street Railway
| Company ct al, defendants, Minneapolis
! Street Railway Company, respondent.
/ Order affirmed. Mitchell, ].
+ School District No. At of Waseca Coun-
| ty appellant, VS.. Carl WeiSe Edward
! Weise and John Buschow, respondent
| Judgment affirmed. p, Mitchell J.
Thomas ]. McDermott, respondent, VS.