The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-01-25
EAST Thlb sTkEEf fliGLE
! .Ess5sss n.y. @'szSH
JUDGE Lewis REvERsEs "A WEIR
dot on RAMSEY COUNTY
DISTRICT COURT ii
Litigation Grew Out of Proceedings
Instituted to Grade East Third
street = Osvf srs sued to Recover
Amount Paid for the Same.

street - Ozvners sued to recover
|. Amount Paid for the Same.
, Justice Lewis. Fl the state supreme
court, yesterday banded down four deci-
sions, one of them Involving an East
Third street tangle, In which the Ramsey
county district couats Is reversed and the
city given the verdict
= e. G. and j. N. Rogers own g. block of
property near East Third street, east
Of Earl. Third street was graded, and
I the property assessed for the improve
ment. which was never. completed. The
city sold the property Ito q third party
for something over $4,000, the amount due.
The owners now sue to recover the
amount paid, on the ground that the i'm
provement was never completed and the
i condition less passable than before.
The case, is reversed more on technical
groTnds than on the true merits Of the
|. subject, as indicated by the third para
graph of. the sy1labus;
Edward G. Rogers and Josias N. Rogers,
/ respondents, VS.. City of st. Paul, ap-
pellant. & 81 - 'sezfys5sEf sfts1
Syllabus--The. city. of st. Paul in 1891 in
street from Earl street to9the east city
/ limits. Assessments :, We're levied upon
abutting property upon the rule of bene-
fits. A contract was let for the improve
ment and a great deal Of work performed
at different points, but street was left
for some distance to the west oftplaintiffS'
property in less passable condition than
before, and access to said property from
the heart of the city. was cut off by fall
ure to complete the work. Plaintiffs
property was assessed In 1.-THE sum Of
S4,7o694 and in default of payment the
premises were sold to third party for
the amount due After the work men
toned was performed the defendant on
the 9th day of September, 1893, rescinded
the grading contract. No more work was
done towards completing the improve
ment, The plaintiffs property was not
benefited by. the work as done.
/ l. Held, In an action brought by the
property owner to recover from the city
from the complaint that all Of the money
faccrufngr from the assessment had not
been expended upon the Improvement,
that the complaint 6fsetting up the above
m M t2d facts) DOGS. not state a cause
2. Held, conceding the complaint to be
otherwise sufficient the fact that the
satisfy the assessment did not deprive
plaintiffs of their right of action. Order
reversed. 81 =-Lewis. J.
w. D.. Haslam, ~ appellant. VS.. First. Ma
John o. Oswald, ffiterVenor,, respondent
i 4SyIa bus--Action BY an alleged owner Of
stock against alibaak for damages for
failure to, transfer stock upon its
books. Claimed py lntervenor that he had
thereof under execution against the ven
dor.tu - ~ sGls3 bf3s : jsf5s 20. $50
i. Evidence examined and held to sup
port the VeFdietsfhtaF .EI Evstt8I Aja
g.. Charge of court upon question Of
ownership of stock examined 4 and, found
,.s9u 49, 10y ~ g i;eas 60. LEWIS j.. i
Frederick E3fTSrliat t., Appellant, rs. The
sShoGioadi School District. respondent. q
-Sylla,busTln an action to recover from
defendant school district the value Of re-
pairing q heating plant, injured by the ac-
ton OF frost, the question Of the author
Its liability consfdered.h ~ ~ ~ ~
l.. HEIDI that the court erred in grant
ing Defendants motion for judgment not
withstanding the, verdict s.,2.. s4ss.1sss,;-
2. That the defendant having moved for
a new trial In case the. motion for judg-
be reversed with leave to defendant to
apply for a, new trial Lewis, j.
State Of Minnesota, respondent, VS.! An
/ drew M. Huber, appellant.
Sy1labus-Indictment charging grand
larceny In the first degree In obtaining
money from a railway company by falsely
representing that defendant had been in
jured while in company's employ,
l. Held, Indictment states facts suffi-
Client to constitute crime
Certain assignments charging error
sustained GHa
3. Evidence examined and found to sus-
tain the Judgment Judgment affirmed.
4 So ~ Lewis, j.