The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-02-03
TERMS WORK ENDS.
FOURTEEN DECISIONS HANDED
DOWN BY THE SUPREME
COURT
BUT ONE CASE UNDECIDED

The Judges VIII Now Have 81 Vnca-
ton Until the April Term
Among the Cases Reversed Is
That of the City of Duluth
VS.. the st. Paul & Duluth
Railway.
Fourteen decisions were filed yester-
day by Judges Collins and Start, clean
ing up with one exception the cases
left over from the October term of
court. The judges have returned to
their homes for a two months vaca-
ton. The April term of court will con-
vene the first Tuesday in that month.
Catherine e. Putnam appellant, VS.. City OF
st. Paul, respondent.
Syllabus. The provisions in S. L. 1891,
chapter &c. which take away from the gov
trict of the city of st. Paul the right TO
determine the amount Of its annual expendi-
lures and vest that power In the city council
are not invalid upon the ground that the
subject of the legislative act not ex-
pressed in its title as required by Article w.,
section q, of the constitution.
2 Under the provisions of said chapter the
board Of school inspectors have power or
authority to create any indebtedness against
the city, or to pledge its faith or credit for
the ensuing school year until an annual APP
preparation is made by the council.
All persons dealing with the board are
bound by these restricting provisions, includ-
ing teachers appointed by the board.
g. Such part of the amount annually ap
propriated and set apart by the council Tor the
compensation of teachers is so appropriated
and set apart for the entire teaching force
and not for part. If at or prior to the end
OF the school year the amount appropriated
is found to be insufficient to pay full salaries
to teachers 1t is the duty, and it is within
the power, of the board to discharge teachers
and thus curtail expenses
A. The amount appropriated by the council
in 1894 for teachers salaries was believed By
aries for the entire full year, and therefore
1t was resolved that all salaries should be
paid monthly in full, and if there should be a
deficiency each teacher should be paid pro
rata for the last month. OF this resolution
the teachers were notified before comm encing
work at the opening of the schools, and they
were also notified that such as were dissatis-
fed with this condition could decline to enter
upon their duties. Those whose interests are
IN issue here commenced to teach. were paid
in full and for each month up to June /
taught through that month and were then
paid pro rata and equitably for that month,
which payments were accepted, all of the
amount appropriated by the council being
thus exhausted. Held, That an action to re-
cover the difference between what was paid
and what would have been paid if the appro-
priation had been sufficient to meet all de-
mands. cannot be maintained by teacher.
Affirmed. Start C. J
St George R. Fitzhugh ct al, respondents,
vs. Lucy Gray Harrison, exeeutrix, ETC., ap-
Syllabus-A certain contract construed and
held that 1t imposed a contingent liability
solute at or before his death and was provable
against his estate. Order affirmed.
Start, c. ].
porf
ent, VS.. Minnesota & Dakota Elevator Com
pany. appellant.
Syllabus. A purchaser of chattels from
the mortgagor, upon which there is a mort
gage, takes his title from the lien, if the sale
was made with the authority consent OF
the mortgage. Such authority need not be
IN writing 1t may be expressed or implied
from the conduct Of the mortgage with refer
ence to the mortgaged property
2. Evidence considered and held that 1t
was sufficient to require the submission CT
the MORTGAGE consented to the sale in ques,
ton by the mortgagor. Order reversed
Start, c. j.
of Enos Wood deceased, respondent, vs.
Mary NJ. Bragg ct al. appellants.
=, Syllabus. Held upon the facts stated in
the opinion that the plaintiff is the owner
the defendants contract of guaranty OF the
payment of a certain promissory note.
,o 2; Sections 5l46 and $40 General Statutes
1884, construed and held: That the latter
section prescribes the general rule, that for
six months after the appointment of an
executor or administrator, plus i the time
elapsing between the death of the person en-.
titled to bring an action and such appoint
ment, not exceeding six months, the running
OF the statute of limitations is suspended; and
that the former section applies only to spe-
cial cases, where the person entitled to brine
the action dies within the last year of the
term Of limitation. Order affirmed
Start, c. J.
Board of County Commissioners of St. Louis
County. respondent, vs. The American Trust
Company ct al, defendants; A. W. Bradley
ct al, appellants.
Syllabus. Held, in an action on the bono
of depository Of county funds, that the
evidence sustains the findings and conclusions
Of the trial court to the effect that the de-
approved and county funds deposited with it
in reliance thereon, and that there was a
breach of the bond in failing to repay the
funds to the extent for which judgment was
ordered entered.
2. He'd, further, that the bond secured the
amount on deposit which was represented by
a time certificate of deposit, following Board
of County Commissioners VS.. Sellwood
3. A pass book kept by the depository
containing Its account with the county held
to have been correctly received in evidence
4. The complaint alleged demand on the
depository for the county funds and assigned
as breach of the bond with Others that it
ulu uOI Weil anu truly nOIQ the FUNDS sub
lect to draft and payment at all times on
demand. No proof Of an actual demand was
MADE, but the trial court received proof of the
fact that the depository before the commence
ment Of the action made an assignment in
insolvency Of all its property for the benefit
OF its creditors. He'd not to be reversible
error.
s. 1t is only when an account Is set forth
In pleading that Is alleged as cause Of
action, counter claim or set-off the adverse
party is entitled to bill of particulars as
a matter of right, on demand. Judgment at
nrmeo. Start, C. ].
Charles NJ. Hanson ct al, respondents. vs.
Enos White ct al, defendants; Enos White
and Catherine r. Evans, appellants
STANDARDIZATION to set aside q mortgage
as preference under the insolvency laws of
the state. Held, that the evidence does not
sustain the finding of the trial court to the
enect that the mortgage was a creditor of
the mortgagor. and that the mortgage was
taken to secure a pre-existing debt Order
reversed. Start G I
Ellen Lund as administrative of the estate OF
Emil Lund, deceased, VS.. E. S. Woodwork
& Co.. appellants.
Syllabus-In an action brought by an ad-
ministratrix to recover damages for the death
Of her intestate, alleged to have resulted
from defendants negligence while such intes-
tate was In Its employ 1t is held that on the
evidence the question of such negligence and
also that OF the intestate's assumption of the
risk, were for the jury. Judgment affirmed
Collins, j.