The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-05-09
TO ALICE NOT 70 CHARGE
LOOPHOLE ON WHICH AN ALBERT
LEA OFFENDER ESCAPES
SENTENCE
SUPREME COURT DECISIONS
Two of the Lower Courts Recent
Rulings Are Reversed by
the Higher TrI-
bunaI.
SUPREME COURT DECISIONS

| Because of a defective Indictment
Nels Nelson, Of Albert Lea, charged with
keeping a nickel-in-the-slot machine in
his place of business, is allowed to escape
sentence. The syllabus is as follows:
State of Minnesota respondent VS. Nels
Nelson, appellant.
Syllabus-An Indictment which alleges
| that the defendant is accused of having
committed an offense Stating it, but
which does not directly charge that the
defendant committed the Noffense; is in
Suhlclent as against, an objection that
the indictment does not charge crime
or state facts sufficient to constitute a
public offense. Order reversed,
Other decisions filed yesterday We're:
Flora d. Morton, appellant, VS.. William
Urquhart, respondent.
Syliabus-in an action brought by a
judgment debtor against his judgment
creditor to offset mutual judgments, he'd:
That the, judgment debtor may with
out prejudice as 10 an attorneys lien upon
the other judgment, offset the mutual
judgments, provided the action for that
purpose be commenced without notice OF
the attorneys lien. Order reversed.
Peter steiRbach, respondent, vs.. John
Grant defendant, Chicago. st. Paul,
Minneapolis q Omaha Railway Com
pany, garnishee. Sioux Trust Company,
lnterVenor, appellant.
Syllabus-An assignment of wages TO
or time, and without acceptance by the
employer and without notice to an at
tachinS creditor is void as to such cred
itor. Order attiI med. Lewis, j.
D. E. Jones, respondent, VS. Isaiah II.
Bradford, appellant.
Syllabus. Evidence examined and
held to support the verdict
z. When a party to an action is called
by the adverse party for cross-eXamina.
ton under General Statute 1894, section
5699, the time of the examination of the
witness by the attorney of sucn party
rests in the sound discretion of the trial
court. Order affirmed. Lewis j.
Board of County Commissioners of Cook
County, appellant, VS.. William Fisher ct
al. defendants, Elijah l.. Fisher ct al,
respondents.
Syllabus-Under General Statutes 1894,
section lZ01, in counties where the VaIu-
alton of taxable property does not eX-
ceed the sum of 81 100000, the salaries of
county auditors are computed upon the
following basis: Six mills on each dol
lar OF the first 100000, and one mill on
each dollar of all amounts in excess of
$lOO,O0O, up to 500, G09 of such excess, and
one-third of one mill on each dollar on
all amounts in excess of said last-named
sum, following County of Mower VS.. VIII
liams, q Mimi. 25 Order affirmed
Lewis, ].
Patrick Tally, as administrator of the
estate of .. e. WILDER, deceased, APP
pellant, VS.. G. J. Toring, respondent.
Syllabus. Held, following Walker VS..
Johnson, % MINI 147, and Mississippi
81 Rum River Boom Company VS. Prince.
"a MINI. H. that objection to a counter
claim as not proper subject of counter
claim is waived by failure to demur
q General Statutes 1894, section 4519-9O.
provides that if an administrator com
mence an action against any one to re-
cover in the interest of the estate the
defendant may in that action set off any
claim he has against the deceased instead
of presenting it to the probate court This
offset may be made even if the estate has
been distributed. It is inmaterial that
the time for filing claims has expired
following Gerdtzen VS.. Cockrell, So MINI.
5o1. order affirmed. Lewis, J.