The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-04-12
LAW ISO.K.
Nominations BY Mere Party Con
ventions Are Not Sufficient.
THE PRoH1B1TIoNIsTs Lc
A Supreme Court Opinion Delivered
Upon the Case Brought by
That Party.

The primary election law is held con-
stltut1onal In supreme court opinion
handed down by Chief Justice Start to-!
day. The rule Is also laid down that
nominations fly a party. conYent ton no
longer Is good. III the party Does not
participate in the primlar iies, II can only
get on the sticket.by petition The de-.
cision. is made in the, case tsof j. Henry
Fitz, prohibitionist nominee for mayor of
st. Paul. who loses his lnandamus case
against the city clerk. - ]I.
The syllabus: {. 81 .s,.ss. - .ss- BIZ =
State of Minnesota OK sre. ohm Henry Fstz,;
Respondent, VS. Matt Jensen as city. clerk
of the City Of st. Paul, Appellant. IS. n
First-The primary election; act, T.. 1893, G.
$40, as amended and, extended 10y, L. 1891 C !
PIG repeats by impl ieatton, as to ali elective
offices within its pufView, the provisions of
the general election law providing for party
nominating conventions. And no political
party now has the right to- NOMINATE candi :.
dates for such offices by a party convention.
Second-The primary election law is consti-
tutional. Judgment reversed. - y
Other decisions handed down ito day are
as follows: 23ss, IL
Wright County.
Thomas c. Merrman, respondent, vs. Frank
Anselment appellant! = ~ zts3ss , z: g ;
Tristan appeal to the district court from
the Judgment, of a justice of the peace upon
questions of law alone must be determined
solely upon the return of the Justice, and the
court cannot relieve party from an. admis-
sion made of record on the trial In justice
court
Second-The Judgment of the district court
herein is sustained by the evidence and ad-
missions shown by the return of the Justice.
Judgment affirmed. Start, c. j.
Plane Manufacturing Company, corporation
and A. H. Sleeves, respondents, VS.. Frank
Kaufert, appellant.
Tristan order denying the motion of the
defendant, appearing specially for that pur-
pose, to set aside the service Of the sum
mons upon him, is appealable
Second-A summons is not void if it clearly
informs the defendant that it is intended for
him and requires him to answer the complaint
Of the plaintiff, although it be not formally
directed to him. Order affirmed.
Start, G.. J.
Ramsey County.
Elizabeth "A. Coonen, respondent, VS.. The
American House Furnishing Company, q
corporation, appellant
In an action for damages for personal in
juries the evidence is held not conclusive that
plaintiff was guilty Of contributory negli-
gence, OF that she assumed the risks incident
to the defect causing her injury. Order at
firmed. Brown, J.
Hennepfn County.
S. H. Randall, appellant. VS.. S. A. Lndholm,
respondent.
Where an action is brought upon a joint
promissory note against one Of the makers
and it is alleged in the complaint, as pro-
vided by G. S. 1894, Sec. 616S, that one, or
! more, Of the joint makers or debtors had been
discharged and that the note contract was
made with the defendant and the parties SO
discharged, it Is incumbent upon the plain
tiff, in order to avoid the effect of plea in
abatement, to support the allegation by proof
that at the time of the commencement Of the
action the party or parties not made defend
ants, had been discharged from their obliga-
ton, ia.
Judgment affirmed.
Collins j.