The record-union., 1899-03-23
Is. F. No. 1,266-Department Two

ceived.
Is. F. No. 1886 Departments, Two
Filed March 10, 1899
Charles Ashton and julius Jacobs, ex-
ecutors of the will of Solomon Heyden-
feldt, deceased, appellants; Sunshine 0.
and Elizabeth A. Heydenfeldt, respond
ents. Action to recover possession OF
shares of stock. Reversed.
When judgment is reversed, it is as
if never rendered, and money collected
by authority of it may be recovered by
action.
Section 456, c. C. P, refers to that
class of judgments which, prior to the
enactment of the provision, were re-
quired to be pleaded by setting out the
jurisdictional facts and not to courts of
superior or general jurisdiction that are
presumed to act by right and within
the authority conferred upon them by
law. The Supreme Court is court of
superior jurisdiction.
Is. F. No. 1 ,472-Department One-Filed
March Z, 1899
Merrill, plaintiff; Bachelor, admins
tratr1x, defendant. Injunction. Affirmed
While it may be conceded that an adj
m1nistratrix cannot enter into a stipu-
latlon that a judgment be rendered
against her for portion of the estate
OF her intestate without authority from
the county in which the administration
OF such estate is pending, the stipula-
ton itself is only evidence before the
court to be considered in rendering its
Judgment. All intendments are in
favor of the correctness of a judgment,
and II the Administrative could under
| any circumstances have made the stip-
ulation recited in the judgment, it will
De assumed for the purpose of sustain
ing the judgment that these circum-
stances We're shown to the satisfaction
Of the court.
A compromise may be authorized
when 1t appears to be just and for the
pest interests of the estate. Section
LOSS, c.. c.. P.
IS. F., No 934EDepartment One-Ffled
March 2, 1899
Kennedy & Shaw Lumber Company,
respondents; S. S. Construction Com
pany, DEFENDANTS; Behrend Joost APP
pellant. Promissory note Affirmed.
The findings of fact are taken in con-
nectlon with the pleadings to support
the Judgment. When the language of
a finding is equivocal the construction
which accords with the pleadings and
supports the judgment should be
adopted
Where the complaint show title to
the note in the plaintiff, the additional
allegation that plaintiff is the owner
| and holder is a conclusion of law.
z
March 3, 1899
Hawley Bros. Hardware Company,
respondent; Isaac Brownstone and Jo-
seph Brownstone, appellants. Action
upon promissory notes by verified COM
plant. Reversed.
Where defendants are sued in their
names as "A & B, parties doing bust
ness under the firm name and style of
A & Co.. the word Defendant in the
complaint without other words Of
Identification makes the complaint am
biguous. For instance, the allegation
that the defendant has not paid sai1
notes. is not an allegation as to both
defendants; non constant but that one
Of them did pay them.
The answer read, Deny that the de-
PENDANT has not paid the said notes.
note has been fully paid, as more fully
appears in the separate answer and de-
Tense hereinafter set forth" Held, that
while this is not an unequivocal denial,
but is a. qualified denial, as the separate
answer alleges how payment was made,
if the facts constituting the alleged
payment have the effect to discharge
the notes and are properly cognizable
defense
against demurrer.
Where by the negligence of the
PLEDGE the collection of collateral Sc
curities has been lost by operation of
the statute of limitations and such stat
utory defense has become perfect, the
pledgor may, by a counter claim, re-
cover the value of his collateral, even
though it be not known that his debtor
will, when sued on such collateral, plead
the statute in defense.
Is. F., No. 737-Department Two-Filed
March g. 1899
Charles Goldstone, appellant; Mer-
chants Ice and Storage Company, re-
spondent Action to recover turkeys
deposited for keeping or their value.
Reversed
A non-suit should be denied where
the evidence and the presumptions rea-
sonably arising therefrom are legally
sufficient to prove the material allega-
lions of the complaint.
Upon a motion for a non-suit which
admits the truth of plaintiffs evidence
and every inference of fact that can
be legitimately drawn therefrom, the
evidence should be interpreted most
strongly against the defendant
Sec. 1142, C. c., provides: Where
the possession of personal property, to-
gether with a power to dispose thereof,
is transferred by it's owner to another
person. an executed sale by the latter,
while in possession, to buyer in good
faith. and in the ordinary course of
business. for value, transfers to such
buyer the title of the former owner.
Held. that the possession mentioned in
the section does not necessarily mean
actual. exclusive, manual possession.
Where the property is in the hands OF
bailee it is sufficient to transfer the
right of possession, subject to the
bailee's lien.
Grim. No. 513-In Bank-Filed March
IA, 1899
People. respondent; Frederick Griver,
appellant. Murder in the second de-
rrao A Hirrped