Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-17
COURT DECISIONS.
Supreme Court Hands Down Decisions
ii Two Cases Argued Before
. It at This, Term. Z.
Several Cases From the Northern Part
. of the State Engage the =
Courts Attention.

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The time of the supreme, court today
has been taken up in hearing the argu-
ments in the case of American Mortgage
company of Scotland vs.. @. A. Prouty,
an appeal from McHenry county, involy-
ing the foreclosure of a real estate mort
gage. Cochrane & Corliss appeared for
the appellant county and John w. Maher
and M. H. Brennan for the respondent.
Judge Morgan having presided in the
district court, was disqualified and his
place was taken by Judge Fisk.
The second case was from Walsh
county and is entitled Prondzinski VS..
Garbutt and arose over the sale of a
valuable piece of land in Walsh county.
Cochrane & Corliss appeared for the
plaintiff and respondent and submitted
their side Of the case. Templeton & Rex
will present the appellants position next
week.
Two decisions we're handed down.
Reynolds VS.. Strong, from Pembina
county concerned the validity of a chat
tel mortgage upon the future earnings
of a threshing rig. The following sylla-
bus was filed:
"a chattel mortgage upon the future
earnings of a %threshing rig, which de-
scribed the engine and separator by
naming the manufacturers thereof and
giving other suitable description of
power and size, and names the owner
and operator Of such rig and the period
when and the county where such future
earnings are to accrue is not void, be-
cause it omits to state the number of
such engine and separator and the names
of the persons against whom such future
earnings are to accrue"
Coger & Cresswell for appellant.
Burke & Wick for respondent.
Opinion by Young, j.
Judgment of the district court of
Pembina county affirmed.
Coler VS.. Coppin comes from Richland
county and is the last chapter in an ex-
tended litigation arising over the divis-
ion of a school township in Richland
county, IN which township there existed
a bonded indebtedness and which the
two newly organized townships refused
to pay. The plaintiffs, n Of the large
bond purchasing firms of New York.
applied for a peremptory writ of man
damus to compel the payment of a
Judgment rendered for the amount OF
the bonds, the mandamus directed
against the directors of Dwight and
Ibsen townships, Richland county,
the territorial successors of the town
ship issuing the bonds. The writ was
granted and Dwight township ap-
pealed. Following is the syllabus:
"a school township organized I'M
der chapter A of the laws of 1888, be-
came by such organization ipso facto
liable for the debts of the old districts
whose territory was included in such
township.
when a Judgment. is obtained
against such a township on an indebt-
edness of a school DISTRICT, and sub
sequent to the entry of such Judgment
the township is divided into two school
districts, the Judgment creditor may
proceed to enforce such Judgment
against such districts, and each will
be required by mandamus to levy a
tax sufficient to pay its pro rata share
of such Indebtedness, based upon the
amount of its taxable property"
Opinion by Fisk, district judge, sit
ting in place Of Justice Morgan, dis
qualified by reason of being the trial
judge in of the actions in the
lower court, the appeal in this particu-
lar action being from a Judgment en-
tered by Judge Winchester, sitting for
Judge Lauder.
W. E. Purcell for appellants.
John L. Pyle and McCumber, Bogart
& Forbes for respondents.
Judgment of the district court OF
Richland county affirmed:
Arguments in the Gans-Beasley
sheep: case will be heard by the SUI
preme court next Monday.
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