The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-11-21
DECISIONS REVERSED
Supreme Court To-day Upsets Nine
Rulings Handed Down by the
Lower Courts.
Verdict for SANDER in Miss Nellie
Jacobs Case Is Set Aside
Royal Arcanum Case.

This was rough day on district court
decisions. Of twenty-three opinions
handed down by the supreme court, nine
We're reversals of lower courts. One set
aside verdict for SANDER secured by
Miss Nellie Jacobs, the fiery editor of the
Herman Enterprise, against fellow
townsman on grounds set forth in the
syllabus as follows:
Nellie Jacobs, respondent, VS.. Charles Cater, ap-
pellant.
In an action for Islander, language which is not
actionable per and which does not contain the
same imputaion that which forms the subject
of the suit, is not admissible for the purpose Of
enhancing damages
Certain words considered and held not to have
been admissible and that it was to submit
their consideration to the jury for the purpose Of
showing malice.
Order reversed. Lewis ]. =
Royal Arcanum Case. ,
A decision, important to fraternal in
surance orders. was given in a case
coming up from Hennepin county, in
which it is held that q custom Of carry
ing delinquent members may not be relied
upon, and that neglect to keep up assess
ments is bar to securing benefits. The
case is as follows:
Alphonse A. Best appellant, vs.. Supreme Council
Of the Royal Arcanun, respondent.
First-Where q fraternal insurance association
depends upon assessments Of Its members to pro-
vide for death losses according to the terms OF
bylaw, such bylaws are to be construed as
the contract Of insurance between the association
and the insured member, and a suspension OF ben
erts under conditions provided for therein de-
fcats recovery by the beneficiary upon the
death Of such member unless compliance there
with has been waived.
Second-Where eIciciary of the insured re-
lies upon habit Of such assessment association
to allow its members to become delinquent, such
course Of conduct is not irrevocable, but may
be changed by the association to insure a
strict compliance with the bylaws there
after, that its members will be controlled
thereby and cannot subsequently claim the bene-
fit of the previous delinquent course TO- JUSTIFY
further neglect In that respect.
Third-A bylaw of such association providing
that a member who is sick and disabled may have
his dues and assessments paid during the contin-
uance Of his sickness and disability, providing
such sickness and disability has not originated
from intemperance, vicious or immoral conduct,
upon written notice is mandatory, since 1t IN
wolves the substantial right OF the association
TO make investigation as to the actual existence
cause and extent of such sickness.
Fourth-Facts in this case considered and
held that the neglect of q member of the Royal
Arcanum fraternal association to comply with
the bylaws and pay his assessments or to give
written notice OF sickness and disability deprives
the beneficiary named In the certificate Of the
benefits of the relief fund provided for by such
association upon his death.
Order affirmed. Lovely, ].
Statute Of Limitations.
In a real estate title case the court
holds that a creditor attempting to en-
force an execution and secure title from a
fraudulent grantee, is barred by the stat
ute of limitations, six years haYing
elapsed Chief Justice Start dissents.
holding that the decision upsets previous
rulings of the court. The opinion Is by
Judge Brown, who says in the syllabus:
John A. Brasie. appellant VS., The Minneapolis
Brewing company ct al. defendants; The
Minneapolis Brewing company and Nels Booth,
respondents.
First-1he legal title to property alleged to
have been transferred with intent to hinder. de-
grantee. the fraudulent character of the transfer
not appearing upon It's face; and the title con-
tinues to such grantee notwithstanding a sale
of the property by a creditor execution against
the grantor, until the fraud Is exposed and the
transfer set aside in some judicial proceeding.
Second-The title Of a fraudulent grantee is
protected by the statute of limitations. and I'M
less defrauded creditors effect cancellation
thereof In some appropriate action brought with
in six years from the discovery of the fraud,
his title becomes absolute and unassallable
Third-The defrauded creditor may cause the
property transferred to be sold on execution
against fraudulent grantor and then maintain
ejectment to recover the possession of the same,
but recover only upon establishing the fact
that the transfer in fact fraudulent as
to him; and that question must be tried and de-
termined in accordance with the rules Of law,
statutory and otherwise. applicable to Irrigated
questions generally. If it appear, either from
where the pleadings do not disclose the source
of title, and opportunity is presented to plead
the statute, that six years elapsed from the dis
covery Of the fraud before the commencement
of the action, his right to have the transfer set
aside is barred by the statute of limitations,
and he cannot recover. He cannot avoid the
statute by bringing an action In ejectment In
stead of action to remove cloud from his
title.
Fourth-In cases where the creditor levies upon
and sells the property on execution the statute
tot n rim dat
sale, unless it be made to appear that he cred
itor did not discover the fraud until some later
time.
Order affirmed. Brown, J.
Smallpox Case.
An important point in dispute between
cities and counties In the care of con-
tagious diseases is settled in the follow
ing:
City Of Mankato, respondent, County Of Blue
Earth, appellant. -
The health officer of municipality is justi-
fed in mourning the expense Of furnishing medi-
cal treatment for the purpose OF controlling a
contagious disease. when the county physician
whose duty it is. refused to treat the infected
person. and such expense may be recovered
against the county.
The county is liable under chapter 20, Laws
1902. for the necessary additional salary paid
the local health inspector for extra services in
locating and combating contagious diseases.
Order affirmed. Lewis, J.
Other decisions handed down to-day
were as follows:
| =" Aitkin County.
Warren Potter and Patrick Casey, copartners as
w. Potter & Co., appellants. u. 9. Holmes
and o. d. Brown, copartners as Holmes &
Brown, respondents.s.~ = r#mt. Il ~14.;!
An executory contract in effect from Sept. J.,
$685. to Sept. i, 1884, provided that appellants
should deliver upon the line Of the Northern Pa
czc Railway company all the railroad cross ties
purchased and handled by them according to GER
tain specifications as to the character quality
and dimensions of the ties. which were to be
piled and marked in a certain manner by appel
ants. The respondents agreed, within certain
time after inspection to pay for all ties delivered
that should be inspected aud accepted by the
Northern Pacific railroad company. Held, That
the contract was an agreemnt by respondents
to purchase for themselves and not conditioned
upon sale to the railroad company, and that
the only object Of inspection was to determine
whether not the ties offered by appellants
erred in dsmlssing the action for the reason that
there evidence tending to show that ap-
pellants had performed all of the acts required
of them by the contract in reference to delivery,
marking and piling the ties. Held, further, That
the title vested in respondents and right of
ton was refused, provided the ties had been
properly delivered, piled and marked and re-
quest for inspection had been made by appel
ants Held, That there was evidence tending to
show such facts and tending to show that re-
spondents had waived the necessity Of demand
| on the railroad company for inspection, and that
proper demand had been made and refused
Order reversed. Lewis, J.
Hennepln County.
John H. Wendt, appellant, vs.. Board Of Super
visors Of Town of Minnetrsta, respondent.