The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-02-03
new COURT NOT TIED
TRANIMELED BY FORMER
DECISIONS
HOPE OF SPECIAL SCHOOL TAX

encouragement Found in n Decision
Handed Down by the Full Bench
Yesterday Cutting Loose From
the Rules Of Law Laid Down in a
Former Decision as Applicable to
a Certain State of Facts.
That there may have been an inspira-
ton in the decision of the Minneapolis
board of education to hold its suit against
County Auditor Minor until after the SUI
preme court had had an infusion of new
blood Is supported by the fact that the
new court, in a decision filed yesterday,
shows disposition to act untrammeled
by any former decisions which may have
been wrong, regardless of any fetch,
whether known as stare decisis, or in the
more popular English, the 1--WE can't take
it back proposition.
The syllabus of the decision of yester-
day, which is encouraging to the friends
of the schools in the Twin Cities, Is as
follows:
The Mile Laos Lumber Company, APP
pellant, VS.. Charles Keith ct al, defend
ants; Charles Keith ct al. respondents.
Syllabus on Reargument-l. A reargu-
ment having been ordered in this case 1t
Is held that the conclusion heretofore
rendered was erroneous and that the or
der appealed from must be reversed.
g. All that was said in the former opin-
ion as to the rules of law applicable to
the supposed state Of facts is withdrawn.
leaving all questions which may arise II
such facts are established at another
trial to be determined de novo. Order
reversed. BY the Court.
Justice Collins, of the supreme court,
does not mince words in his decision filed
yesterday in a civil suit brought against
Clements. the Preston bank wrecker, by
Jerome Utley, representing the New
Richiand bank, and twenty-five others.
They present claims against Clements
personal estate for $24297.75. and the SUI
preme court affirms the judgment rem
dered in the lower court. The syllabus is
as follows:
Jerome Utley. respondent. VS.. Joseph r.
Clements ct al, defendants; Joseph Il:
Clements, appellant.
Syllabus- From about September,
1886, until Oct. 10. 1884 G., G. & T: were
business, under the firm name of the
Fillmore County Bank" On the day
last mentioned these three persons sign
ed dissolution notice in which 1t was
stated that the co-partnership was dis
solved by mutual consent and that G. and
T. were successors, had assumed all In
debtedness and would collect all accounts.
c. retired from all visible participation
same until Aug. Ii, 1898, when the bank
closed it's doors, being insolvent. G. died
soon afterward. In this action brought
against c. and T., as surviving members
of the firm first-above mentioned, by a
creditor holding claims on account Of de-
posits made in the bank subsequent to
the signing of the dissolution notice, the
court below found as fact that C., G.
and T.. continued the business as co-part-
ners, and under the firm name Of the
Fillmore County bank until the bank
closed its doors, and also, in substance,
that the alleged dissolution was q sham,
and a part Of a conspiracy entered into
between G. and II in pursuance g1sIa,I9 9 81
that this finding was supported by the
evidence.
2. Held. also that. the trial court did
tain entries made in the books Of &C
count, kept In the business of the bank.
prior to the pretended dissolution, which
entries had been erased and altered, in
pursuance, according to oral testimony,
Of the aforesaid joint scheme and plan
and which tended, to show that large
sums Of money. the funds; Of the bank
had been appropriated by. G.. and that
evidence thereof had been removed Who'll
ly or in part by these alterations.
g. Further rulings of the trial court
when receiving the evidence considered
and disposed Of. Judgment affirmed.
A decision Of interest in insurance cir
Giles Is In the case Of H III. Gruber
against the Grand Lodge ofEUnited Work
men. The syllabus is as follows:
H. II. Gruber, appellant, VS.. Grand
Lodge of the Ancient Order of United
Workmen, State of Minnesota, respond
ent.
an unincorporated association, and re-
ceived a certificate in which it was stated
that he was entitled to all of the rights
and privileges of membership, and to
$1,000 of the beneficiary fund at his death,
to be paid to his cousin, G, this plaintiff.
NJ died more than five years afterWard,
having remained member in good stand
ing, paying all assessments made against
him on account of the beneficiary fund.
G. was not q cousin of the deceased, nor
was he related to him in any manner
The association refused to pay solely for
case of the death of a member moneys
due on the certificate should be paid to
the person and In the order hereinafter
named and not otherwise.
FirSt-To the person designated In the
certificate, when designated by name,
and a person related to the deceased, or
member of his family or dependent
upon him..
Second-Where such person is not liv-
ing at the time of payment in such case:
First-To the wife and children of the de-
ceased, share and share alike. Second
To the wife of the deceased. Third-To
his father and mother. share and share
alike. Fourth-To the surviving father
or mother. Fifth-To the brothers and
sisters Of, the deceased, share and share
alike, or their living issue, according to
the surviving brother or sister, If no is
sue Of other brothers or sisters is living.
Seventh-To the next Of kin of the de-
ceased, according to the statute of dis
tributions of the state Of Minnesota, and
to no other persons whorlsoever.
There was no express provision of the
articles which prohibited C from being
designated as beneficiary. Held. that
the provisions above quoted as to the or
der of payment was not a limitation of
the power Of the association so as to pre-
vent it from recognizing G as properly
designated beneficiary in the absence of
fraud, and there being no question Of
public policy involved.
@ When an association Of this charac-
ter voluntarily and in the absence Of
fraud issues certificate in which a BEN
ef1ciary is designated by name, said per-
son not being expressly prohibited from
being named as sole beneficiary in the
articles or bylaws, and there being no
question of public policy involved, and
thereafter and for a term Of years col
lects and receives the amounts assessed
against the member on account of death
claims made against the beneficiary fund
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