The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-11-23
IN SUPREME COURT
ONE DECISION HEARS ON CLAIM OF
RED WING TO GIRLS,
SCHOOL
REPEALED BY IMPLICATION
Only Two Decisions of Lower Courts
Reversed in List From Higher
Tribunal Handed Down
Yesterday.

4 the supreme court yesterday, which deals
with the repeal of one law by another
/ by implication, may possibly be taken
| as an indication of how the citizens OF
| lied Wing might fare in the courts should
they attempt to push their claims to the
| new training school for girls under au-
thorlty Of the old law which located the
state training, school within four miles
1 OF the Goodhue county court house. The
Red Wing citizens hold that as the law
OF last winter appropriating $4,000 for
the establishment of a training school
| Tor girls did not contain repeating
| clause, the old law is still In effect and
| the girls building, as branch of the
state training school, must necessarily
| be located at Red Wing.
Inc decision in question is in the case
OF School District No. /, County of
Clay, State of Minnesota, appellant, VS..
| Frank Eckert ct al. appellants, and
! the syllabus is as follows:
| School District Number One, County of
Gay, State of Minnesota, appellant, VS..
FRANK Eckert ct al, respondents.
Ct 1881, CHI. 26; G. S. 1894 sec. 1861 ct
seq, entitled An Act to Provide for the
! O1 Organization of School Districts was
designed to supersede existing legislation
ana operated to repeal, by implication,
that part Of sec. 3675 which provided that
county commissioners shall make no
Grange in the boundaries Of existing
school districts, unless upon recommen-
dation of the county superintendent of
schools that shall leave any old dis
! trict or constitute any new district with
less than thirty-five residents between
nve and tWenty-one years OF. age. Judg
ment affirmed. Collins j.
The syllabi in other cases handed down
Yesterday are as follows:
Henry sherwood, appellant, VS.. H. L.
tion respondent
Action to recover for personal Injuries
caused by pile Of lumber falling upon
the plaintiff, which he alleged belonged to
the deIendant and was negligently pill
| ed: Held, upon "a consideration of the
evidence that the trial court erred In di-
resting a verdict for the defendant. Or
der reversed and new trial granted.
Start, q. j.
Citizens State Bank of Kenyon, Mime
sofa, respondent, vs. Story Speciality
Manufacturing company ct al, defend
ants; Emil Rehnke, A. f. Story and
A p Story, appellants.
findings of the trial court to the effect
that the corporation involved in the ac-
ton was formed and organized under
1894 CHI. 81, secs. 2S05-2S25 inclusive of title
OF said chapter, are sustained by the
evidence.
| The several sections of CHI. II, L. 1873
as arranged in the General Statutes of
1873 and 1894, are held to form part
of CHI. "a, title 2 of those compil atoms.
t Directors of a corporation formed and |
organized under the provisions Of sec.
2S0e-2S26, inclusive, who authorize and as
sent to the engagement by the corpora
ton in an ultra wires business, the con-
tlnuance in which results in it's insolven- |
cy, are liable under G. S. 1894 sec. 1925, |
Jointly and Severally, for all debts of the |
| corporation thereafter contracted by it;
and it is no defense in an action to en-
force such liability that any one or more |
OF such directors asserting to the unau- |
thorized business subsequently severed |
their official relation with the corporation, !
and that portion of the debt sought to |
be enforced was contracted and incurred
subsequent to that time. The fact that
they originally ssSSented and agreed to
the unauthorized business renders them
liable for all debts thereafter contracted
by the corporation.
Whether the fact that two directors
subse quently Withdrew their assent to the
continuance of the unauthorized business
and took appropriate steps to prevent
it, would constitute a defense, quaete
Such facts do not appear in this case.
ORDER affirmed Brown, j.
Itasca Investment Company, respondent,
VS.. George H. Dean, appellant.
/. In an action to recover surplus in
foreclosure of a real estate mortgage by
reason of his failure to file an affidavit
of costs, as required by section 5273 Cen
eral Statutes, tie complaint is construed
and held to state cause of action.
2. Defendant pleaded in defense that
the mortgaged property was covered by
a second mortgage which was unpaid and
in full force and effect, and that the Sec
ond mortgage and not the plaintiff. who
has succeeded to the rights of the mort
gagoT, was entitled to the same. At the
trial it was stipulated by plaintiff that
the second mortgage was in fact exc
cuted and was wholly unpaid. 1t Is held,
| following Truesdale VS.. Sidle Go Mimi,
that inaSmuch as the second mortgage
was not party to the action, and de-
as such, that his rights with respect
to the surplus might be litigated, the ex-
iStence of the second mortgage was no
defense to the action.
3. Other assignments of error consid-
cred and disposed of. Judgment affirm,
ed. Brown. J.
Henry schuster. appellant. VS.. Wilma A.
SchuSter, respondent.
Held, that the moving papers In pro-
ceeding under G.. s. 1894, section 4799,
made case for the allowance of attor-
ney's fees in a divorce action which had
once been tried, notwithstanding the 4
and was to be paid to defendants attor-
ney for services rendered at the first
trial.
Held, further, that an order allowing
such fees is appealable. Order affirmed.
Collins. j.
Boak Fish Company, respondent, VS..
Manchester Fire Assurance Company.
appellant.
In an action on fire insurance poll
cy to recover for a loss. Held:
That the policy covered the property
as to which. the loss was contested, and
that the evidence was sufficient to sus-
tain tho finding Of the ilIry In fhe effect