The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-01-19
ONLY ONE WAS REVERSED.
Supreme Court Hands Down Guar
tcttc Of Decisions.

The supreme court yesterday handed
/ down four decisions. one of which was
a reversal. Following are the syllabi:
GGstave' Wiilias, receiver of the Ger
mania bank, respondent, VS. City of
! St. Paul, appellant.
In an action in which the validity of
! deed, or a certificate or sale, issued
| OF the city OF st. Paul. 1893, see I42,
which relates to sales, upon judgments
! rendered in assessment p1 Oceedings, for
! local improvements. is brought into ques-
| ton, the Judgment of a court of com
| petent Jurisdiction that such a deed or
certificate is invalid on its face and a
nudity, is, in.zthe absence of mistake,
! fraud or colluIoIi. prima 1acie evidence,
| at least of such invaidity in an action
brought against such city TO recover the
amount paid into the city treasury, with
! interest.
TO render such judgment prima facle
/ evidence SIS ab9Vef ated, it is not ne ces-
| sary to show that The city was notified
OF the tendency t Of the previous action
| In the prior action this judgment was
| rendered on a general demurrer to tbs
! complaint, in which the invaldity OF
! both deed and certificate and the reason
, therefor was alleged. Held, that sucn
! Judgment was pri1na facie binding upon
| the city in the absence of proof that 1t
was obtained through mistake fraud or
colIus:on Order affirmed. Collins, j.
st. Paul, Minneapolis & Manitoba Rail-
way company, substituted as plaintiff
In place of r. Sawyer, appellant, VS..
D. B. Eckel ct al, defendants; William
B. Ecllel ct al. respondents.
The doctrine of lache when applied
to refusals of the courts to enforce state
by the peculiar circUmst ances surrounds
ing. each case, by the nature of the
claim and whether the delay has been ee
doctrine is based upon grounds of pub
lie policy which, for the peace of society.
demand the discouragement of state
claims.
Held, on the undisputed facts, appear
ing in this case or action Of eJectment
brought in 1891. that the claim of plain
tiff must be deemed stale and that its
laches ana that of the original plain
tiff are sufficient to warrant the court
below in making its order refusing to
law of the original defendant, now de-
ceased, and to substitute sucn heirs as
defendants. Order affirmed. Collins, y,
Elizabeth Plentym, respondent, VS.. VIII
lam Murphy, appellant.
On the trial Of "a civil action fer the
recovery of damages for an alleged as
sault upon woman, pregnant with
child. IN alleged result being mis-
carriage, it isss not necessary IN order
for the plaintiff to recover substantial
damages for the particular injury that
she shows bysfthe testimony that she
suffered more pain or increased illness
or greater impairment of health than she
would il the delivery of the child had
been a the proper time and in the natural
way.
Held, That the evidence was Sufficient
to support finding of the jury, IN eff
feet, that defendant committed an as
sault UPON plaintiff.
Held, notwithstanding expert testimony
upon the subjectEadauced al the trial, that
the assault was the proximate cause of
the miscarriage and also Held, in view
of this fact, tf1atathe verdict is not ex-
cessive in amount Order affirmed. Col
Inns, j.
]. ]. Weicher, appellant, VS.. G. S. Cargill,
respondent.
damages for an alleged breach of a. con
tract, that the court below erred when
ordering Judgment for defendant on the
pleadings. Judgment reversed. Collins,
Title Is in Dispute.
Judge Bum, in the district court yes