The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-02-08
SUPREMECO LAW
SIX DECISIONS HANDED DOWN
WITH ONLY ONE RE
VERSAL
IMPORTANT INSURANCE CASE
County Equalization Boards HavG
No Right to Make Original As
Sessments-Their Powers
Defined.

down six decisions Justice Lewis, in
/ the case of Frank M. Arne VS.. Mrs.
Pauline L. Holland, upholds the decis-
| ion of Judge Kelly, of the Ramsey coun-
ty district court. Mrs. Holland is Arne's
| divorced wife, and their son has been
| bone of contention ever since the d.
vorce was granted. The father alleged
| that Mrs. Holland had taken the child
| out Of the state for purposes of conceal
ment and wanted the court to award
him the custody of the child. Judge KEEL
| ly decided to put the boy in the Shattucl1
school under the rector's personal charge,
each of the parents to pay half of the
expense. The father appealed The SUI
preme court in it's opinion takes occasion
| to commend Judge Kelly's settlement Of
| the difficulty.
In the case of the state against Crooks
| ton Lumber company, Justice Brown
ruled that county boards of equalization
| have no right to make original assess
| ments. They must conflne themselves
| to equalizing those made by the local
assessors and the performance of such
| other acts as are specifically committed
| to them by the statute.
The case is remanded to the district
! court of Polk county, with instructions
| to dismiss the action.
The CroOkston Lumber company was
/ originally assessed at SAL, 4S7. The county
pOdIu OIL 0QudIZdIOn aTplIrdTlly TdlSSO
| this assessment $4,000, listing some logs
that had been fioated down to the mills
| and which had been assessed elsewhere,
| it is claimed.
The company appealed to the state au-
ditor, who ordered the $50, 900 assessment
| Cancelled. The county auditor complied
with the order, or recommendation, and
| the company paid the taxes on the origi-
nal assessment of SAL ,4S7.
1 hn I'D aotfn
| to recover the taxes on the $4,000 can
| celed. The case was certified to the SUI
preme court by the district court of Polk
| county.
| The state admitted that the cancella-
| ton of the additional assessment without
| official notice was irregular, but the case
hinged upon the question as to whether
| the 100000 had been legally added to the
! assessment of the company. The court
holds that it had not, for the reason
| that the county board Of equalization
| had no power to make an original as
| sessment.
Under a decision by Justice Brown
| the children of George N. Graves will
| lose their Inheritance, the amount of
! policy in the Modern Woodmen of Amer
! lea. The cause for this is the fact that
their father had stood suspended for
| the non payment of dues, and the clerk
| of the local camp to which he belonged
| had allowed him TO pay dues while so
| suspended, without the sanction of the
| camp, or the society, and in contraven-
ton of the bylaws which could not be
| waived by the unauthorized action Of
| the clerk The decision of the Ramsey
| county court is affirmed.
The title of the case is George j.
Graves and Lester V. Graves, minors by
| Mary c. Graves, their guardian ad litem,
| appellants, VS.. Modern Woodmen OF
| America. a fraternal beneficiary society
Of the state of Illinois, respondent.
| Syllabi of all cases:
Judge Kelly Upheld.
Frank M. Arne, appellant, VS.. Pauline L,
Holland, respondent.
The proper practice in securing a modi-
fication of an order or decree IN o 0o1orce
| proceedings, under sections 4SO1-SSO3, u:
| S. 1894 is by application in the original
action. and not by the commencement OF
an independent suit upon new com
plant. Upon hearing for such modltlca-
| tion it is discretionary with the trial.
court whether the evidence bearing upon
the question shall be in the nature of
affidavitS or duly sworn and examined,
| witnesses. In this character of proceed
| ings, the court is not limited strictly to
rules applicable to the introduction of
| evidence in ordinary cases, and its rul-
| ings and orders are not subject to the
! same legal exactness. The legal test re-
| quired is that the court shall not abuse
| its discretion.
Evidence and rulings examined. and
! found to contain no error. Held, that in
modifying a preceding decree as to the
/ custody and control of a child, the court
! did not abuse it's discretion. Judgment
| affirmed. Lewis, j.
Mortgage as Collateral.
Andrew j. Finnegan, respondent, vs. Fan
| ME S. Janeway and Helen I. Leonard,
appellants.
| When property is mortgaged by an
| RI for the debt of another
| such property occupies the position of
/ surety, and anything which would dis
| charge an individual surety, personally
| liable. will, under similar circumstances,
| discharge the property.
A mortgage given by a third party as
collateral security for a judgment under
| an agreement that the judgment creditor
| shall collect it from certain property,
| subject thereto, will be discharged, and
| all foreclosure proceedings Hereunder
| rendered void, if the judgment creditor
satisfies the judgment and releases the
property without collecting the. debt.
| Judgment affirmed. Lewis, j.
Lost Their Inheritance.
George j. Graves and Lester V. Graves,
minors, by Mary c. Graves, their guar
dian ad Item, appellants. vs.. Modern
ficiary society of the State of Illinois,
| respondent.
George H. Graves was member of
defendant society, having been received
! therein as such in April, 1894, a proper
certificate evidencing the fact being duly
issued to him. By the terms of his men,
a part and portion of his contract and he
was required thereby to pay into the
treasury of the local camp of which he
was a member certain assessments and
dues at stated periods, in default of
which he became suspended from the or
der without action by the society. At
the time of his death, in August, 1898, he
was in default in the payment of an as
sessment due August /, preceding, and
| stood suspended from all rights and
privileges in the society. The clerk of
! the local camp was in the habit of re-
ceiving from the members including
! Graves, payment of assessments after
they had become due, and when the mem
bers stood suspended from the society
for non-payment; but this custom was