Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1899-11-03
COURT DECISIONS.
Supreme Court Hands Down a Number
Of Important Decisions Of Law
Points.
Chris Keller Of Morton County Gets a
New rrial-Walsh caunty Sem
fences Affirmed.
j. A. Paine Wins His Tax Case
Against Dickey County -vari-
u Items of News.
Supreme Court Decisions.

Supreme Court Decisions.
from Thursdays Daily.l
The supreme court has handed down a
number of decisions in cases argued at
tho term just closed.
In the case of the State vs.. Keller,
from Morton county, the judgment of
the district court is reversed and a new
trial ordered. This is a case in which
Keller was tried and sentenced to the
state penitentiary for incest, with his
daughter as the complaining witness.
The conviction was had upon the uncor-
roborated testimony of the daughter and
the court holds that a conviction cannot
behad on the uncorroboratedt testimony of
an accomplish and that the trial court
should so instruct the jury, leaving them
to determine whether the witness was
an accomplice.
Inthe case of Ingvaldson VS.. Skrivseth,
from Trail county, the appeal being
from one of the items of cost in a previ-
GUS appeal, the court directs the striking
out of a bill of s96 for printing.
All of the Walsh county blind pig
cases were affirmed by the court.
The case of the State vs. Ekanger, con
victed for maintaining a nuisance, was
affirmed. In the case of the State vs..
Rosum tho conviction was for a second
otfense and the defendant goes to the
~penitentiary. The State VS.. Currie,
another liquor case, was also affirmed by
the court.
In the case of Donovan vs.. st. An
thony & Dakota Elevator company, ap-
pealed from the district court of Cavalier
county, the order granting a new trial
was reversed by the court.
In the tax case Of Paine vs.. Dickey
county, a suit to recover some thousands
of dollars from the county, under Sec
ton "a, Chapter 1872, Laws of 1890, the
court holds with the plaintiff, Paine, and
decides that the provision of the law
giving holders of tax certificates the
right to recover from the county where
taxes fail because illegally levied is con-
stitutional. The appeal was from an or
der sustaining demurrer to the COM
plant. The supreme court overrules
the order. The case is an important one
and involves several thousand dollars.
In the case of the First National Bank
of Corunna. Mich, vs.. the Michigan City
Bank, an appeal from the district court
of Nelson county, the decision of the
lower court is affirmed. In this case the
Corruna bank ~rediscounted some notes
under an agreement with the cashier of
the Michigrn City bank and sued to re-
cover on four of them from.the Michigan
City bank. The supreme court holds
that the cashier, without authority from
the directors specifically, could not bind
the bank.
The following orders have been enter
ed in other cases:
Kicks vs.. Bergsvenden, appeal from
Ramsey county, affirmed.
Paulson vs.. Nichols & Shepard Co..
Trail county, affirmed.
Becker VS.. Cain, Rolette county, new
trial ordered
Peckham VS.. Van Bergen, Cass county
new trial ordered.
Garfield vs.. Robertson, Pembina
county, judgment below reversed and
action dismissed.
Heyrock VS.. Mckenzie, Pembina
county, affirmed.
Becker vs.. Duncan, Rolette county, or.
der denying new trial affirmed.
Omlie VS.. Farmers State Bank of st.
Thomas, Pembina county, new trial or.
.dered.
Brummond vs.. Krause, Richland
county, affirmed.
Oliver vs.. Wilson, Cass county, re.
wersed and district court ordered to enter
Judgment for appellant.
@ H.