The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-02-10
TWO IMPORTANT DECISIONS
JUDGE ORR HANDS THEM DOWN IN
RECENT MUNICIPAL COURT
CASES
Holds That Bail Money Cannot BE
Garnfshed and That Jury Fees
Cannot BE Assessed to Parties
demanding Jury Trials

Judge Orr yesterday filed with the clerk of
the municipal court two decisions Of i'm
portarce. In one instance he holds that hail
money deposited security for the release of
prisoner in the police court cannot be
sarnished, while in the other he held invalid
praclee IN vogue in justice courts for
years. or assessing the costs OF a Jury upon
ht1gants who demand a jury trial.
IN tne garnlshment case, that Of E. J. Oar
faga against Nellie Glover, where Darra sh
garnished money deposited by the woman in
satlsfatclon OF attorneys fees, appealed from
Justice Mills court. ~fhe court holds thai
primarily tnere is no statue providing for
money bail in the case at issue but that as
the money was deposited with the clerk of the
court under direction of the presiding Judge
expressed or implied it was afterTsrd in
the custody OF the court and therefore exegnn-
from garnishmert. Money deposited as bali
Judge orr, concludes, in tie decision is in
custoola ieg1s and cannot be garnished
uIGer any Appropriateness.
The ground OF tht decision in the second
case, relating to jurors fees in Justice courts.
Is that there Is 10 law covering the point
jacob Layansky against John Wasener as
sheriff. 1t was the custom to assess either
piaintlI or defndant, whichever demanded a
jury trial. fifty cents for each Juror 7, -ha
above action the defendant demanded a inry
trial before Justice Johnson, but refused 10
pay the customary jurors fees when judg-
n 1it was entered in favor Of the pIaintif.
Judge Orr reverseS this ruling He saws:
1t was provided. inter ALA by sec 80 cfap
49, statutes OF 1878. that each juror sworn in
any ACTON IN justice court was entitled to
received nifty cents, to be paid in the first in
stance by TIE party requiring such Jury
ms statute was excepted from application
10 ramsey County so Tar as the amount al
fcwed jurors in the district court was in
VOWED 1nis section was amended by chan
%, Laws CT 1881. by substituting for it new
section FroFldiI g fer jurors fees in the dis
trlct court both grand ard petit Jurors he
Iore coronors and justice courts and frc-r, tts
operation generally the COUNTIES of Ramsey
Hennepin and st. Louis were excepted The
result was that there was 10 provision in
iofce as to coroners jurors. jurors before the
sherln upGn a writ of inquiry and iurors in
SPECIAL law provided for the fees of grand and
Petit 1uries In the district courts. and sub
SequenTiy chap. 304, Laws Of 1925 a general
law was passed regulating grand and patit
1uries throughcut the state. but this law was
Specially excepted from applying to coroner's
1urles and 1uries in the justice courts Under
sec 81. 1t was Field that where the defendant
refused to advance the demand by the ius-
tce, that the justice rightfully proaeadAd to
trial without jury. Rollins. the defendant
uTon his demand was entitled to a trial by a
Jury. HIS right to a jury was absolute IL
the demand WAS made at the proper time and
the record olscloses the demand was timely
made There seems to be no present proyis-
len Tor ices in justice courts in the courties
named and no provision is made as to how
any fees may be collected and disaurse.i 70
overlooked the cpei alton CT the amerdme51e
OF 1891. ! am OF the opinion that the Justice
cannot in these counties REQUIRE the Advance
ent OF jurors fees and tina. the ildpn1en+
of the justice of the peace should be re-
Eersed and the case dismissed.