The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-10-31
PARK BOARD WINS
Supreme Court Hands Down a De-
ceision in the Swan J.
Turnbald Case.
Writ of Certiorari in Appeal From
Appraisal of Property Is
Quashed.

Swan j. Turnblad loses in his appeal to
the supreme court from the appraisal Of
his property for park board purposes. The
supreme court to-day quaShed the writ
Of certiorari and remanded the case to
the district court. The syllabus follows:
o @ rha5
poses, If there should be any building standing
upon the premises. the appraisers should de-
termne the amount of damage to be paid the
owner in such building should be taken,
and tue amount Of damases to be paid the owner
In this proceeding the board of appraisers
returned an award in the following language:
In case the building and improvements shall
wo award SIS e43 Held: IN this u award T the
with reference to such attachments and fixtures
as necessarily constitute part Of the building,
which, In that sense. was equivalent to the
word, building.
second-An appraiser had formerly taken
part In appraising the value of the premises
as a member of real estate board was dis
qualified from acting as an appraiser in such
proceedings.
Certain other assignments of error considered
and found not to contain reversible
The writ of certiorarl is quashed and the cause
demanded. Lewis, j.
Opinions In Election Cases.
Four opinions in election cases were
handed down. all of them in cases al
ready decided by the court. In the Scott
county case, w. T. Mccarthy relator,
against John n. Moore, county auditor
the provision of the primary election law
preventing defeated candidate from rum
ming again by petition is held valid. A
second opinion Is in the socialist labor
case. in which the court granted the petit
ton Of Charles G.. Davidson and directed
the secretary of state to recognize the
socialist labor candidates and place their
names on the ballot. Another decision Is
In the case of John Lind against County
Auditor Scott, in which that official Is re-
auired to strike from the ballot the word
democratic after the so called Social
democratic" candidate for congress. The
fourth case is that Of E. S. Corser against
the same officer, in which the court re-
fused to allow party committee to nomi-
nate q candidate where no nominal ton
was made at the primaries.
Fourteen other cases were decided to-
day, as folloWs:
ct al. respondents. Judgment affirmed.
Henry K. Gray, az administrator of the estate
st. Paul City Railway Company, appellant Or
der affirmed.
Samuel NJ. NIagoffn. respondent, vs. Mutual
Reserve Fund Life Association, appellant. Order
affirmed.
dy B. snG ST. PAU Gs Rail-
Jens P. Nielsen ct al, appellants, vs. City of
Albert Lea, respondents. Order reversed.
st. Paul & sault Ste. Marie Railway company.
appellant. Order reversed and trial
granted.
Gust Olson, respondent, E. o. Berg, appel
liant. Order affirmed.
Anna Yoki, respondent vs., First State Bank
Of Detroit appellant. Order reversed and new
trial granted.
Carl Northness and J. J. Northness, respond
ents, VS.. I. 1. Hlllestad, appellant. Order at
drnled.
D. G. Davies, respondent, vs.. T.. A. Thomas
ana D. j: Thomas. appellants. Order reversed
Fl. L. Schmitt. appellant Martin Murray
and Margaret Mullen, respondents. Order af-
drmed.
Charles A. Moore, appellant. VS.. Cloquet Lum-
Der Co., and Joseph B. HeininSer, respondents.
Judgment affirmed.
Charles r. stat, appellant. Sarah L. selden
and Richard L. Selden, her husband, and hottie
L. Selden, respondents. Order affirmed.
william Conroy, respondent -s William
LOCUS, appellant. Judgment reversed and new
trial granted.