The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-10-19
COURTS BUSY DAY |
SUPREME COURT JUDGES HAND
DOWN EIGHT DE-
CISIONS
THREE OF THEM REvERsALs
In the Greenwood Case the Court
Awarded Custody of Children
to Mother-SyI1abi of
All Cases.

~ VI
All Cases.
BY order of the supreme court, filed
| yesterday, the custody of the two little
children of Williston w. Greenwood and
Mabel p. Greenwood, of Minneapolis, is
| awarded to the mother, principally, as
the court states by reason of the tender
| years of the children. The children are
Grace, aged four, and Stamvery, aged
three years. This is the case argued
some days ago, in which each parent
| was charged by the others attorneys
| with grossly immoral conduct.
There were in all eight decisions filed
| yesterday, in three OF which the judg-
ment of the lower courts was reversed.
One reversal was in the case of Nancy
J. Hunter, appellant VS.. Ira M CODE
and John w. McKinnon, copartnerS as
Cobe & McKinnon, respondents; IN
Which a new trial is granted. The ap-
pellant seeks to recover damages for the
performance of a contract for the
sale of leasehold> on certain property
located on Second avenue south, Minne-
apolis.
In the case of S. w. Smith, respondent,
vs. Bert Kicker, appellant, the order of
the trial court is reversed for the rea-
son that the respondent disregarded the
either submit briefs or appear on the
date when the case was set for hear
ing.
Following are the syllabi in all of the
cases:
State ex rel. Williston w Greenwood, on
behalf of Grace Greenwood and Siam
very w. Greenwood, relator. VS.. Mabel
e: Greenwood, Orrin w. Petit and
Eliza Petit, respondents
A. w nile the statute, G. S. 1894, section
1910, provides that the father, if suitable
person, shall have the custody and care
OF his minor children, yet this right is
not an absolute one, for, in controversies
between parents as to their custody, the
welfare of the children will be given con-
trol1ng consideration by the court.
In this case, in view of the tender years
OF the minor children, their custody is
awarded to their mother.
Nancy J. Hunter, appellant VS.. Ira M.
CODE and John w. McKinnon, CO.
partners as CODE & McKinnon, respond
ents.
Ratification of the act of another per-
formed in the assumed capacity of an
agent, though wholly without precedent
cipal and agent and the former becomes
bound by the act to the same extent
as if it had been done by his previous
authorization.
A principal is not at liberty to disafirm
If he has assented to the act of an agent
after being informed of all of the ma
ter1al facts of transaction in which the
agent has exceeded his authority
Held, in the case at bar, which was an
action to recover damages arising out of
a breach of an alleged contract to sell
and assign leasehold interest in real
property, that the trial court erred when
1T dismissed the case upon the ground
that plaintiff had failed to show the MAX
Ing of a valid contract to sell and as
sign such interest. Order reversed and
new trial granted. Collins, J.
S, w. Smith, respondent, VS.. Bert Kicker,
appellant
AT the beginning of the term
this cause was set down for oral argu-
ment, at the date of which appellant
properly submitted it upon briefs, but the
respondent failed to file or submit briefs
and failed to appear.
The order of the trial court is reversed
| for the reason that respondent has fail
ed to comply with court rules.
Arthur D. Hathaway, appellant, vs. r.
A. Cass and Elmer u. Cass, respondents.
A certain deed was produced at the
! trial by the attorneys for plaintiff, and
| they testified that it had been delivered
| to them for the plaintiff, and that they
| had conducted the transaction as his at
torneys. Held, this evidence constituted
! prima facie case of the delivery of the
| deed to the plaintiff, and 1t was not con-
c!usively overcome by the fact that plain
tiff was not notified of it's delivery to his
attorneys until eight months thereafter,
or by the further fact that the attorneys
retained possession of the deed year
| and a half after they received it. It was
a question for the jury to find, from all
the evidence, whether or not the deed had
| been delivered to the plaintiff Order re-
| versed. Lewis, j.
Alonzo W. Payne, respondent VS.. Leslie
| ). Hackney, appellant.
Where the vendor in a contract for the
| sale of land refuses for any reason to
carry out and complete the contract,
| whether because it is void under the
! statute of frauds because not in writing.
or when not fully completed by the exc.
cution of written evidence of it, the pur-
chaser may recover back the pur chase
| price paid by him.
Payment to an agent not authorized to
receive the same becomes effectual as
/ payment to the principal upon the appro-
| priation by him with full knowledge of
all the facts of the money paid to the
agent.
Il is held in this action that the evi-
dencc is sufficient to justify the jury in
finding, % that certain agents were au-
| thor1zed by defendant to sell the land
| in controversy; and (2) that defendant
received and appropriated to his own use
an unauthorized payment made to them
| on account of the purchase price there
| for.
Various assignments of error consid-
cred and disposed Of Brown, ].
Emma H. A. Peterson, respondent, VS..
FL fAldSS VI OOhdIO, d COtpOTdtlOIl, appel
/ liant.
The general statutes providing for the
| incorporation of villages confer upon the
municipalities the exclusive control and
supervision of all streets and pubic
grounds within their limits, invest the
authorities with power to levy and col
| lect taxes to keep and maintain the
same in repair, and from this follows
the duty and obligation to do So The
court takes judicial notice of this stat
utory duty, and it is not necessary to
plead or prove the statutes.
1t is held in this action, that it suffi-
GENTLY appears from the record that de-
! fendant was Incorporated as a village
under the general statutes of the state.
To be effectual as notice to the COM
| mon council of an Incorporated village.
| the notice of claim for damages required
to be given by chapter 24S, Laws 1897,
| where served upon the village recorder
as custodian of the records and files of
| the council, must be served upon that
/