The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-11-09
LARGE BUNCH FILED.
SUPREME COURT HANDED DOWN.
ELEVEN DECISIONS
YESTERDAY
ONE ON BANKRUPTCY LAW
To Revive Debt Paid by Judgment
in Bankruptcy, 1t Is Essential
That Oral Promise Be
UnequivOcal.

AS a result of it's labors during the
past week, the supreme court filed eleven
decisions yesterday. Two Of these de-
cisions reverse the judgment of the lower
courts. and one of them has an i1npor-
tant bearing upon the bankruptcy law.
It is the case of John Smith, of Mime
apolis, respondent, VS.. Lyman L. Stanch-
field. appellant, in which the distr1ct
court has held Stanchfeld to be pouhu
to the payment of note for 500 bysfea--
son of verbal promise which 1t was al
legged he had made after passing through
bankruptcy. The evidence tended to
show that Stanchfield did make Smith
verbal promise to pay this note IL given
time, but did not show that smith &C
knowledged the promise as an agreement
by any formal acceptance OF the terms,
or that any definite time was HAtd siol
the payment. Therefore the supreme
courts holds that while a verbal promise
is sufficient under the law to revive a
debt which has been discharged by juds-
ment In bankruptcy, that promise must
be clear and unequivocal, and that the
conditions in consideration of when the
promise is made have been eomPHed
with: and that, in the absence OF PROOF,
the offer in this case did not Jusuiy tne
finding that the debt had been revived.
In decision by Justice Brown, the
court has reversed the judgment OF the
lower court and granted a new TRIAL. IN n
the case of Michael Fohl,, respondent
against the Chicago & Northwestern
Railway company. The railroad COM
pany, it was shown, had opened street
eighty feet wide in front of the fespono--
ent's property in the village OF sleepy
the width of streets at sixty-six feet ano
provides that streets shall not exceed
that width except when petition is MADE
nv all of the property owners along the
street. The loWer court decided IN favor
of the railroad company, in spite OF the
affection of Foil to the width OF the
street, and the supreme court holds tnas
a new trial should have been era nted
when motion was made upon the grouHo
that the evidence was insufficient TO sus-
tain the verdict.
The syuabi in all of the cases filed yes
terday were as follows:
John L. Smith, respondent, VS.. Lyman
L. Stanchfield, appellant.
no revive debt which has been paid
by Judgment in bankruptcy, an ora
promise is sufficient, but it must De clea!
and unequivocal. If such promise is paseo
upon condition, then it must be shoWl
with.
In this case the maker of promissory
note agreed to pay the debt II the payet
would give him time. In the absence OF
definite time fixed, such offer did mol
Justify a finding that the debt had beer
revived. Order reversed. Lewis, j.
Michael Foil, respondent, VS.. Chicago
North Western Railway Company, ap-
pelant.
/. From an examination and considera.
ton of the record and proceedings IN THIS
action, it is held that the trial court
could. in the exercise of its discretion
have granted a new trial on the grouno
that the evidence is insufficient to sus'
tain the verdict, and it was error TO re-
fuse it.
The village of Sleepy Eye, incorporates
by chapter &c. State Laws 1873, is by
the terms of it's charter controlled anc
governed in the matter of laying out and
opening streets within the village limits
by the general statutes comforting upor
town supervisors the power to lay out
and open highways, and is authorized tt
lay out and open such streets to the
width of sixty-six feet only, except wher
petitioned for by all the property owners
adjoining the proposed street. order re.
versed and new trial granted.
In re petition of William Forster ct al.
Lilly, appellant, vs.. Board OF County
Commissioners of Winona; County ant
Board of County Commissioners OF
Houston County, respondents.
l. General Statutes 1894, pages 1889 tt
1893, inclusive, as amended by Genera
Laws 1895, chapter Az providing for road.
in more than one county, construed ant
held, that the notices therein provided
are not so inadequate as to bring thu
law within the constitutional prohibition
preventing the taking of property with
out just compensation.
q When such road runs in two jul
dicial districts, notices of the presenta
ton of the petition are required to b'
posted only in the judicial district where
in the petition was presented to thu
court.
g. Evidence examined, and held, tina
the trial court was justified in finding
that the notices were properly posted.
4. The filing of the report by the com
missioners is in the nature of com
interested may appear at the date o
confirmation and be heard upon Tie mer
it's as to the necessity. feasibility ant
propriety of the road.
5. Held that at the hearing on con
f1rmation the trial court passed upon tn.
question of the necessity, feasibility ant
propriety of the road.
6. Whether or not the orders of con
by an appeal from judgment entered
in a trial upon the issue of damages il
not decided. Judgment affirmed.
Lewis. ].
John Childs, as administrator of the es.
tate of James l.. Manson, deceased, re.
spondent, VS.. John J. Rue ct al, ap
pellantS.
A warranty deed contained an agree
ment on the part Of the grantee that il
consideration of the conveyance he would
pay a certain yearly amount to the grant
ors and support and care for them dur
ing their lives. Held. that the deed die
not became absolute until performance
of the agreement, and that the grantors
retained a lien or charge upon the lane
to secure such performance. Order at
hrmed. Lewis, j.
John A Graham, appellant, VS.. Helen o
Graham ct al. DEFENDANTS; Helen .
Graham ct AL, respondent.
l. Evidence in this case considered an6
held to sustain the finding of fact by the
trial court that the grantor in a convey
ance. of real estate was mentally compe
tent to execute the same, as well as the
further finding that no undue Influence
had been exercised by the grantee to Sc
cure such conveyance, which findings
supported its conclusion of law that sucf
conveyance was of legal force and eff.
feet.
q Assignments of error, based upor
offers of proof. wherein it was attempted
to show that a trust relation existed be-
tween the grantee and other heirs at Law
of the grantor had been created by
ocrrpery,pnt hold to he of no avail. for fnf