The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-05-10

Minneapolis - ST. Louis Wins An
other Damage Suit-Hennepin
County Is Similarly Fortunate
Dednlieness Necessary to an In
dictment for Forgery Is Officially
Fixed.
Judges Buck and Canty, of the supreme
court. yesterday handed down eleven de-
cisions. reversing in three cases the find
ings of the lower court.
In the litigation between c. C. Bagley
and Pennington and PETER the court
holds that a homestead is not exempt
from execution on a judgment for labor
and material used in building q house on
the homestead
The sylab is as follows:
c. c. BaSiey. appellant, VS.. E. n. PETER
and W. III. Pennington, partners as
Pennington & PETER, respondents.
SNliabuS-Held, homestead is not eX-
empt from execution on a Judgment en-
tered on an Indebtedness incurred for
labor and material furnished in erecting
house on the homestead, and lien for
the sum due may be acquired in the ac-
ton as well by levying an attachment as
affirmed. Canty, j.
In decision by Judge Buck affirming
the lower court the supreme court knocks
out another damage suit against the Min
neapolis & st. Louis railroad.
Charles Airline, as administrator of the
estate of Peter Ringberg, deceased, ap-
pe!lant, VS.. Minneapolis & ST. Louis
Railroad Company, respondent.
SyllabuS-Held, that upon the evidence
IN this ease it conclusively appeared that
PLAINTIFFS inteState who was killed at a
railroad crossing was guilty of contri-
butary negligence in going upon said
crossing without looking or listening, and
thaI there was no evidence upon which a
verdict could be supported that those in
charge OF defendants train wantonly and
Wlltuliy ran such train over and killed
sal9 lhtestate, nor that they failed to ex-
erclSe due care after discovering him in
such dangerous place. Order affirmed
Buck, ].
The county commissioners of Hennepin
county win a suit brought against ths m
TO compel the return of attorneys feas
charged up in case of foreclosure bv the
county The Plaintiff, Joseph B. Swift.
Claimed that the county attorney re-
celVed salary from the county and that
1t was Illegal for him TO charge fees in
such cases. The decision reverses the
lower court. The syllabus is as fol-
lows:
Joseph B. Swift. respondent, VS. Board of
Sounty commissioners of Hennepin
Syllabus-The county held a. morteae e
and foreclosed the same under the move >:
lne county attorney conducted the fore
closure proceedings and the county
ure the attorney fee provided for in the
mortgage in case of foreclosure: the
county attorney receives a stated yearly
compensation fixed by statute In an
action brought by one claiming under the
nortgagor to recover the amount of this
attorney fee.
demnltled for a due and proper portion of
TINS salary by charging the same as an
attorney fee for making the force osu g,
and Plaintiff cannot recover. Order re-
VerSed. CAVITY T
The court CONSTITUTES the penal code re-
latlng to forgery in decision given in
the case of the state against Ernest l..
Greenwood, of Olmsted county.
State of Minnesota, plaintiff, VS.. Ernest
L Greenwood, defendant
Syllabus-1. General statutes 1874, Sec
ton SOP, provides that a person who
knowing the same to be forged or al
tered and with intent to defraud utters
offers or disposes of, or puts off as true
thing the false making, forging or al err
ing of which is punishable as forgery is
guilty of forgery in the same degree as if
he had forged the same.
Held, that this statute in defining an
offense having enumerated a series of
acts, either of which separately or all
together may constitute the offenSe all
such acts may be charged in a single
count in1the indictment and it does rot
2. Where the indictment charges that
on a certain day and at certain place
the defendant had in his possession a
certain false and forged promissory note
which in the indictment is set out in
full, and charges that he did then and
utter, offer and dispose of and put of
the same as true to a certain person, the
defendant then and there well know ne
felt sufficiently informs the defendant Of
the nature and cause OF the accusation
against him and states facts sufficient tC
constitute public offense. Order af'
firmed. Buck, ].
State of Minnesota, Plaintiff, VS.. Ernest
l. Greenwood, defendant.
SyIlabus-An indictment which charge:
that on a certain day and at a certain
place the defendant with intent to de
fraud, did then and there feloniously
forge a certain prommiSsory note of the
tenor following; and then sets out in the
Indictment the note in full states fact:
sufficient to constitute public offenst
In plain and concise language, and sufh
GENTLY informs the defendant Of the ma
ture and cause of the accusation aga1ns
him and the word forge as used In sa {
Indictment is not a mere legal conclu
sion Order affirmed Buck, J.
Jacob J. Esch and Peter J. Esch, appel
lants, vs. William G. White, respondent
Syllabus-E. and E. as sureties, with B
rs principal executed an undertaking upol
an appeal of B. to the supreme court
which undertaking was approved by tn
court and filed with the clerk. The ap
pellee excepted to the sureties and the.
refused to Justify. Thereupon E. the at
torney for the appellee promised AM
agreed with the sureties that if the.
would justify and continue upon the I'm
dertaking as sureties he would protec
them and save them harmless from al
liability by reason Of any default of B
the principal on said undertaking. There
upon the sureties consented to and dit
Justify and continue upon said undertak
ing as such sureties
B. defaulted in the conditions of sail
undertaking and the sureties were com
PEELED to pay the amount of such default
Held, that the sureties had a right t
refuse to justify upon such undertaking
and which refusal would render the un
dertaking imperative; that the court ha
no mandatory power to compel them t
that their justifying and continuing upo
the undertaking was voluntary upo
their part and that their doing so at tn
request and upon the promise of w. wa
a sufficient consideration for his promise
to save them harmless and upon the de
fault of B., and payment of the amour
thereof by E. and E., as sureties, w. wa
liable to them for such amount and tina
his said promise was not within tn
statute Of frauds. Order reversed and
new trial granted Buck, J.
James B. Swing, as trustees Of the Unto
Mutual Fire Insurance Company, a fol
eign corporation, dissolved appellan
VS.. Fred Wurst, respondent.
SyllabuS-1. When the receiver al
pointed by the court exercises the power
of the board of directors in assessing tn
: under the order of the court, he mu!
comply with the conditions precedeI
prescribed by the statute before the men