The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-12-21

way of a railway company, or the deter
mination of jury on appeal therefrom,
that such street is a public necessity, and
when so laid out and opened will not es-
sentially impair the use of such right of
way for railway purposes, will be set
aside by the court only on its appearing
that the evidence Is conclusive against 1t;
following Fehl VS.. Sleepy Eye 70
Mimi, 81.
Z. Various assignments of error con-
sidered and disposed OF. Order affirmed.
Brown, ].
Piiny A. Lobdell VS.. George E. Keene,
appellant.
l. The object and purpose of the legis-
lature in the enactment of the forcible
entry and unlawful detainer statute was
to prevent those claiming q right of entry
or possession of land adversely held from
redressing their own wrongs by entering
into possession in a violent and forcible
manner.
2. An appeal by defendant, a proper
supersedeas bond being filed, from
judgme Mt in forcible entry and unlawful
written lease the terms of which have
expired, awarding possession of the
premises involved to the plaintiff therein.
stays all proceedings in the action, pre-
serves all rights of the parties, and Sc
cures to the defendant by force of statu-
tory provisions the right to remain in
the possession of the premises pending
the appeal
1
the property, plaintiff in that proceed
ing, has no right, during the defendants
mere temporary absence from the prop
erty, to take possession thereof and for
chilly resist his return thereto.
a. Evidence examined and held to sus-
tain the verdict of the jury to the ef
feet that defendant herein by force and
violence wronsfully attempted to eoust
erty involved .cin afheg above mentioned
proceedings. and that in resisting plain
tiff's return therefor he wrongfully and
unlaWfully committed an assault and
battery upon him. inflicting serious in
juries to his person, and to sustain the
verdict of the jury in other respects.
5. Chapter 1l3, Laws or 1901, is not ret
roactive and has no application to ac-
tons tried before it's passage.
6. Numerous assignments of error con-
Sidefed and held not to present reverSi-
BILE error. Order affirmed. Brown, j.
Sophia Kirk. respondent, vs.. James CHA
strand, appellant.
!. A husband who refuses to permit
his wife to live with him is chargeabe
with her maintenance and support, and
she may procure necessaries from whom
soever she pleases where he fails to dc
so; the husband is not in such case re-
lieVed from liability by showing that he
procured board and lodging for his Wiic
with q person with whom she refused to
live. She may select her own home, pro-
vided 1t be a proper one and SURROUNDED
with the con.---ons of respectability, and
the expense thereof does not exceed prop
er limits, taking into consideration the
financial circumstances of the husband.
2 A number of assignments OF error
considered and held tUs Iie5Gnt no re-
versible error. Order affirmed.
Brown, j.
George D. Hamilton. J. K West, John
a. Teagus and H. F. Harris, respond
ents, VS.. Village of Detroit ct al, APP
rollants.
l. To justify the issuance of bonds I'm.
der the provision of Laws 1893, CHI. 20),
that act must be strictly complied with.
The village council or other governing
body may, of its own motion and indie
pe1dently of the voters and freeholders.
determine by resolution duly passed and
recorded to raise a specified amount OF
money for any of the purposes therein
specified, or such council may proceed
upon the presentation of petition sign
ed b. at least twenty-five of the voters
ard freeholders residing in such village.
The council must proceed one way or the
other. If its action is predicated upon
petition the qualifications and competency
of the SignerS must be in strict accord
ance with the statute.
2. One of the signe,s of the petition
herein involved was a freeholder of the
Held, that testimony as toNhis disqualified
tor as voter was admissible under the
Headings.
3. Another signer held no real estate
IN MS own name III Village lie WAS
a married man residing in a house in the
village built upon land owned by his
wife, thu same being her statutory home
stead. Held, that he was rot a freeholc-
er within either the statutoNs or common
law definition thereof.
f. The plaintiffs We're taxpayers of the
village in question. Held. upon showing
that the petition was not signed by tha
REQUISITE number of voters and freehold
ers residing in the village, that they We're
entitled to a permanent injunction re-
stricting the village council from ISSUING
bonds authorized at a village election
based upon such petition and ordered
by such council. Order affirmed
Collins, J.
State of Minnesota, respondent, w.
Thomas ]. Pierce appellant.
The defendant a physician. was con-
yioted of s,le crime of abortion and the
principal and vital question at the trial
was whether he used instruments upon
the person OF the complan1ng witness
and gave her medicines With an intent
to bring about a premature delivery Or.
for the purpose or treating her for d
ve1ereal diseaSe-the use of instruments
and the giving of medicines being admit
ted Against the objections of defend
ants counsel the trial court permitted
this witness to express her opinions or
conclusions as to the purpose for ana
intent with which the instruments were
used and the medicines furnished. Held,
that this was prejudicial error and the
verdict of conviction must be set aside.
O1der reversed and new trial granted.
Collins, J.
Maria Portner, as Administrative of the
estate of Johann Portner, deceased, re-
spondent, VS.. John Wilfahrt, Barbara
Wilfahrt. his Wife, and Andrew Port
FER, appellants.
In a bond of date May q, 1885. given by
a son for the maintenance of his father
and mother during the remainder of
1,,f1, la.r1 nd
oblisees the son covenanted and agreed.
among other things, ito: pay and give on
demand to his father the sum of $780,
with interest at the rate of per cent
father died June "a, 1900 without having
demanded payment of the money. His
widow was appointed Administrative of
the estate and made demand for pay
N, ant on Tan 1qNr Hold that the caI1ca