The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-12-07

II IT.,
abandoned voluntarily, the fact that tile
intending purchaser subsequently, ana
after the authority of the broker mas
terminated buys the properly pro ,syder o s,c
| owner liable to the broker for commis-
| sion, there being no fraud in the conduct .1;nt
| of the owner in rejecting the proposllon
made through his efforts.
g. Efforts of real estate broker to
sell land after mis- authority from the
owner to do so has terminated must be
fectual to entitle him to commission
on sale made by the owner himseif
subsequent to the expiration OF such au-
thority.
! H. Evidence examined and considered,
and held to be conclusive, that long prior
! to the time of the sale of the land IN
question for the recovery OF 81 aoe commas
with which sale this action was Drougnt,
| the authority of the broker had ceased
and terminated and his efforts to enec CT
the sale actually made by the owner.
Order reversed. Brown, j.
! In re estate of Norman w. Kittson, de-.
| ceased, st. Paul Trust company, appel
liant, vs. Hercules L. Kttson, Corneiia
De Camp Kittson and Daniel Murphy,
as sole guardian of Norman w. Kilt
son and Lucille Iittson, minors; Mary
w. Heath as general guardian Of
Francis Rives Heath and Elizabeth
Mason Heath. and Alfred s. Kittson, by
spondents.
l. An appeal may be taken from part
| of final order or judgment If the party
whereby the appellant is aggrieved is SO
far distant and Independent that 1t may
| be adjudicated on appeal without bring
| ing up for review the entire order OF
judgment.
g. So much of an order of probate
| court settling and allowing Tic account
| of an executor or administrator as adJu-
| dicates his claim for services may be ap-
pealed from without bringing up the en-.
| tire order for review. Capehart VS.. Los
| gan, 20 Mimi Az distinguished. Order
reversed. start, =. j.
| Alexander Jeremy, respondent, VS.. st.
| Paul Boom Company, appellant.
In an action for damages for malicious MALI
facts did not conclusively appear from
the evidence.
l. That the party arrested was guilty
of the offenSe charged.
took advice of counsel in good faith.
8. That the arrest was made upon
A. Certain other rulings Of the court
| considered and found to contain no er-
rOr. Order affirmed. Lewis, j.
| M. Irtie Mathews respondent, vs. John
II. O'Brien, appellant.
| The courts will not assume jurisdiction
In disputes over title to United states
| government lands where it appears that
| the title is still pending and undeter-
| mined in the government land depart
n1ent. McHenry VS.. Nygaard, " Mimi.
| But where the action is based upon the
| right Of possession only, such rule does
not apply.
| An action may be maintained by
homestead entryman in possession
against a subsequent trespasser to re-
| cover damages in cropping the land. 1t
| is immaterial that the possession of the
| ing of the homestead entry,if such poses
| sion was not acquired and continued by
| virtue Of any individual right of entry.
| Order affirmed. Lewis, j.
| NJ o. Sortedahl, respondent, vs. The
Board of County Commissioners OF
Polk County, Minnesota appellant.
Under co the provisions a Of On. "A, Special
| an employee of the county and not OF
| the clerk of the court, and as such may
maintain an action against the county in
proper cases for services performed.
| But he cannot maintain such action nor
| collect for services performed unless the
| conditions contained in section IL of the
| act be complied with. If it shall APP
| pear by the oath of any of the above
| named officers who are herein allowed
| clerk hire that such officer has devoted
| his time to discharging the duties of his
office, and that the maximum amount
! herein provided for clerk hire for such
! officer has been actually and necessarily
expended therefor, and that the same
| was inadequate and insufficient, then the
|
| unanimous vote, allow such sum, in adj
| dition to the maximum amount herein
| provided for clerk hire, as is actually
necessary to procure the complexion OF
| the work in such Office"
The fact that such deputy was ordered
| by the district judge and clerk of court
| to perform the services; the fact that the
| county commissioners knew such services
| were being performed and did not dissent,
| and the fact that surplus of fees over
expenses for the current year were re-
ceived by the county, do not constitute
| a waiver of the statute, nor excuse
compliance with it's terms. Judgment re-
| verSed. Lewis, >.
| Lima ChriStianSon, respondent, VS.. Nor-
/ witch Union Fire Insurance Society, APP
| pellant
! /. For the arbitration of disagreements
| between the insurer and insured, as ~
| the loss and damage sustained at fire,
the Minnesota standard policy contem-
| plates and provides for a board of ref
| erees to be made up of disintereSted and
| impartial men chosen for their ABILITY
! and fairness.
2. Such board of referees is a quasi
court, governed by the rules applicable
| to common law arbitration.
8. While allowed reasonable freedom
! to personally inspect the ruins of a fire,
| the debris and remnants of damaged
goods for the purpose OF applying their
| knowledge in considering evidence, the
! inquiry must be conducted by the board
in the usual manner of receiving evidence
and examining witnesses in the presence
| of the interested parties or their counsel,
| subject to the tests of cross examination.
4. Where two of the referees proceed
| to act together, privately collecting in
formation and examining witnesses, with
out regard to the third referee, finally
| making I'D the award without reference
to him, and where evidence is received
by the full board without affording the
| parties concerned an opportunity to be
| present in person or by counsel, such cSil-
duct will invalidate the award.
l. s. A party does not assume the con-
sequences OF irregularities and miscon-
| duct on the part of a referee merely be-
! cause it was known to him that he was
| a professional referee on behalf of the
| interests of the opposite party.
| G. When one of the parties to such
| controversy refuses to abide by an award
| on the ground of misconduct of referees,
and notifies the other party of that fact,