The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-11-15
other decisions fled YESTERDAY were.

Other decisions fled yesterday were:
JGnn Strqm; respondent, VS.. Montana
Central Railway Company, appellant
l. q. ): 1894, Sec 1868, providing for
the examination of an adverse party as
under cross-examination construed
and held, that it applies to the trial of
any civil action Involving an issue of
fact, also to any proceeding involving
such an issue which the parties as a
matter of right are entitled to have
heard on oral testimony.
2. A party is not entitled as a matter
OF right to have a motion involving an
issue Of fact heard on oral testimony
ana to call his adversary for cross-ex-
animation. Ordinarily such testimony
ought not to be received on the hearing
OF such motion, but the trial court in
eXcePuonaI cases may, in its discretion
permit tetiIla tle nearing OF motion on oral
testimony OF witnesses and permit the
examination of an adverse party under
ton.
3. G. S. 1894, sec. $500, relating to serv-
ice of process on foreign corporations
construed and held, that where s. cause
OF action against such a corporation
arises In another state, the court of this
state cannot acquire jurisdiction of the
corporation In such an action unless it
has property Of some substantial value
within the state, which is of character
TO justify a reasonable probability that
the creditor can secure Something from
a sale thereof, that can be applied as a
payment on his demand
l. Evidence considered and held that
1t does not sustain the finding of the
trial court to the effect that the defend
ant had such property within this state
when the summons was served. Order
reversed. Start, G. J.
j. w: Holt, respondent, vs. Berger Crit
tenden Company, appellant.
/. An award of arbitrator must be
final and certain and so determine the
matters submitted that an action be-
tween the same parties in regard to 1t
viii not afterWard lie, or the award is
void. Every reasonable intendent, how
ever, VIII be made in favor of it's finality
and validity.
2. The award set out In the complaint
herein considered and held to be neither
final nor certain. Order affirmed.
Start, G. ].
Charles P. Hitchcock, appellant, VS.. The
Railway Transfer Company of the City
of Minneapolis, respondent.
Evidence considered and held that 1t
shows that the plaintiff was guilty of
contributory negligence, and that the
trial court rightly directed verdict for
the defendant, in this, personal injury
action. Order affirmed. Start, c. ].
Eleanor A Matthews, as administrator
of the estate of Thomas P, Matthews,
deceased, respondent VS.. Great North
ern Railway Company ct al, defendants;
Archibald Guthrie, Charles Pfelliett and
John M. Schwartz, partners as A. Guth-
RE d Co., appellants.
l. When it is material to show the
purpose or reason for the departure of
a person or of an act done by him. his
declarations of his purpose or reason for
so doing made at>or about the time he
acts if made in a natural way and with
out and circumstances of suspicion, are
admissible as original evidence.
Z. Held IN this, a personal injury case,
that the trial court did not err in it's
rulings as to the admission of evidence,
nor in it's instructions to the jury, and
that the verdict is sustained by the evil
dence. Order affirmed. Start, c.. J.
L. w. French, as trustee in bankruptcy,
respondent, VS.. R. P. Smith & Sons
Co., appellants.
In an action by trustee In bankruptcy
to set aside a preferential payment and
fraudulent transfer of his property by
the bankrupt to which he was not made
a party, held:
That two causes Of action are not
improperly united.
2. That the bankrupt was not a neces-
sary party to the action.
8. That the bankruptcy act of 1898 is
constitutional, and that the state court
had jurisdiction of the action. Order
affirmed Start q