The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-01-30
MUST BUILD The ''Y''
willmar & Sioux Falls Railway
Company 1asss Case Of Long
Stand ing
Bunch Of Decisions Handed Down; by
Supreme Court ennepin
Court Reversed.

has hung In the courts since 1897 when
the railroad commissions; made the order
to compel the construction Of the = Z. ~
In. an opinion handed down to-day. by|
holds that the connection must be made
between the Burlington, Cedar Rapids &
Northern anda spur track belonging to the
Willmar & Sioux Falls, which runs past
a mill and to some granite quarries. The
railroad company contended that this
was private track but the court holds
that being used for purposes of traffic
the track Is not private. "A private track
is one used solely for railroad company
business. "The test says the opinion,
sis whether its use IS q public one. I" The
syllabus is as follows:
First-Section g. chapter 10, laws Of 1887, as
amended by laws Of 1873, chapter. 81, relating to
construed and held that 1t requires track c0nnec.
lions to be made in all the cases Of crossing or
intersection of any OF the traffic lines or tracks
grade: II It be practicable and necessary for the
interest Of rqff howeyes s
over private track, that u.s. one not constructed
or used for the purpose Of traffic.
justify its order TINT peremptory mandsmus
issue directing the defendants to make track
at Ta e Of
Order affirmed. 6 Start, G. j..
=. :. Widow Get. the Estate.
The Prosper Robinson will hobs up
again in case deciding that his aged
and incompetent widow shall inherit
der the will instead of under the statute,
the will giving her. the use Of all the
property during her life. An important
feature of the decision is the courts dec
laration that there is no longer any dover
right in personal property: The syllabus:
In the matter OF the estate Of Prosper Robin
son deceased, state:%ex rel,J., T.. Percy, appel.
liant, vs.. 7. J.: Hunt,@as Judge of probate ct al,
respondents " az : y. d ss &.
Judgment reversed. ! s: s: w = :.
st. Cloud Pays Water Rent. = ~
The Industrial Trust company as as
signee Of the Water, Light and Power
company Of St. Cloud; recover S., 36667
from the city for hydrant rentals under
the contract. The court holds that the
fact that pure. water was not. furnished
does not constitute a counter claim on
the part of the city, as the water was
properly supplied for public purposes.
Justice Collins dissents, as he did in g.
similar case from the city of Duluth. The
syllabus:
cp of st. Gcn s spPssS Geses tho
Dunn Is Sustained.
Former State Auditor Dunn is sustained
! in his action, refusing to refund certain
taxes on property in ,tHennepin county
held by the National Bond and Security
| company, though the refundment was
recommended by the county commits
| sioners. sEt - ~
State of Minnesota ex rel National Bond and
Security company. reiatof, Tvs. Robert c. Dunn,
as state auditor of Minnesota, respondent. Writ
! County Is .Dlslnher,ted..
Harvey Y. Scott made will; leaving
the residue of his estate, after certain
requests to Rice co,dtty. Later he re-
voked this clause and ordered his execu-
tor to destroy the residue OF his estate.
The court holds that while this order
cannot be carried out, his action in re-
yoking the legacy tte iRices county was
| valid. The appeal Of the county COM
missioners is dismissed ss1, t>-~.tE
| In the matter of the will Of Harvey Y. Scott:
Board of County Commissioners Of the county OF
! Rice, appellant vs.. Jasper Scott ct AL, respond
! ents. Judgment affirmed.
Local Court Reversed.
The Hennepin county court is reversed
in real estate case. which is. stated
as follows: 80 .,.r.>..- ~. .
Maria Geisberg. respondent, rs. Ellen oLaush.
Ps ;Stan ato7hsy MADE the Ptossl
affidavit to authorize the service of the sum.
mons by publication stating therein, among other
was unknown to the affant. The trial court
found that such residence could have been ascer-
| to make the same amounted to a fraud in law.
1t is held that the findings of the court in this
respect are sustained by the evidence i
as seeond-An action to get aside Judgment
procured by fraudulent practices of defendant
ana his attorneys is one Of an equitable nature,
to award such relief therein as the facts In each
particular case and the ends of justice may re-
qulre. The right to have ajudgment obtained by
such means set aside is not absolute one, and
whether in any particular case it should be un.
condltiona1y vacated for the fraud Of the prevail
ing party must depend upon the particular cir.
cumstances shown. The court may direct the
satisfaction of the judgment, compel restitution
or make such other or further order as may be
just and equitable. ~
ThirdMIt Is, T. held IN this that defend.
property involved in the action, IL the Judgment
complained Of be uncondt tionally vacated, thu
court below should have vacated it conditionally
ana upon such terms as would have protected the
rights and interests of both parties -
Order reversed and new trial granted.
| :. Brown, J.