The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-10-17

ject of Another Decision, Lower
Court Being Sustained by the'Ap-
pelIate Body - Seven Opinions
Filed Yesterday by the Circuit
Court of Appeals.
Seven opinions were filed yesterday by
the United States circuit court of ap
peals, with Judges Lochren ana Sanborn
sitting. Two of the cases We're of special
Importance, one that came up from the
district of Colorado involving the relations
of husband and wife and the other in
the district of Minnesota, relating to tie
sale contract of the Housekeeper, a Min
neapolis weekly publication. In both
cases the opinion of the lower courts is
sustained.
In the case of Lilyon B. Daniels, ap-
pellant, against Mitchell Benedict ct al,
is a suit Of a divorced wife to recover,
under the will of her former husband,
one-half of the estate, to which the wife
is entitled under the Colorado statutes,
which further provides that the wife can
not deprive herself of her right.
Mr. Daniels, prominent dry goods ner-
chant of Denver. was considered worth
not less than 100000.
He was a widower with children at the
time he married the plaintiff in July, 1852.
She was at that time thirty years old and
he was fifty. y
In December of that year Ebenezer L.
Wells, a lawyer who had been on the su-
preme bench of the territory of Colorado,
was called in by Daniels to assist them in
settling their difficulties, if possible
Hearing the stories of either side, he
decided that he might not act as attorney
for both Sides and at his request Mr..
Daniels released him from his retainer,
and he proceeded to act for Mrs. Daniels,
with the approval Of Mr.. Daniels.
The result of the settlement and agree
ment was that Mrs. Daniels agreed to
live apart, receiving from Mr. Daniels
$4,000 in cash and 100000 worth of real
estate.
number of friendly letters, referring to the
time when, he hoped, they might be rec
onciled, and occasionally visited her.
He Gied in December, 1890, and soon aft
er the separated wife brought the action
claiming the one-half of the estate and
demanding that the court set aside the
agreement of separation as one obtained
by fraud and contrary 10 public morals,
and improper to be made between man
and wife.
The court finds TO traces Of fraud nor de-
ceit and holds that the woman was le-
gally and properly bound by her contract
Of separation.
The Housekeeper Publishing company
VS.. Lucian Swift ct al. is an action to
recover $4,000 and interest, the alleged
balance due on the purchase price OF a
printing plant and the accompanying good
vail
There were two contracts entered into
for the purchase by the defendants of the
Housekeeper plant, located in Minneapo-
lis. The first contract expressed a con-.
sideration of $4,000 in cash and s25. 900 in
three notes The cash was paid, the notes
demanded two months after the Dron
erty had been made over and the court
affirming the order of the lower court die
misses the case.
Following are the syllabi of the opinions
filed: '--'-'''3
James S, Davenport VS.. T: NJ. Bufflng-
court of appeals in the Indian territory
Affirmed with costs. Opinion by judge
Will am j. Kelly ct al VS.. Ezra q
circuit court Western district of Arkan
S ia.3 Affirmed with costs. Opinion by
Judge mayer.
.Lilyon B. Daniels VS. Mitchell Bene-
dict ct al. Appeal from United States
circuit court, dfstr ct of Colorado. Affirm
ed with costs. Printing of Warren rec
ORD taxed against appellees. Opinion by
Judge SanbOrn. ~
George H. Brown, assignee, etc. VS.
George r. Parker. In error to United
States circuit court, district of Kansas
reversed with costs and remanded with
q recuons to grant new trial Oninfon
by Judge Sanborn;
Housekeeper Publishing Company VS..
Lucian Swift ct al. In error to the TJnit.
! ed States circuit court. district Of Min
nesota. Affirmed with costs. Opinion bv
! Judge Sanborn ~
Swift & Co VS. G. S. Russell infer
| pleader. In error to United States court
! of appeals, Indian territory. Reversed
with costs and remanded to the United
States court for the central district Of
the Indian territory with directions for .
new trial. Opinion by Judge Sanborn.
Bert A. Watson VS. city of Huron
| Error to United States circuit court dis.
! trtct of South Dakota. Affirmed with
costs. Opinion by Judge Caldwell.
me. following order was entered: 7. L.
| Chatfeld ct ell. VS.. E. j. O'Dwyer ct al
| Appeal from United States district court
! western district of Arkansas. Motion of
| appellants for leave to amend petition for
| appeal cont nued to December term with
| leave to either party to file such sugges-
| tions or briefs thereon as they may deem
| necessary