The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1903-10-30
"a ------ - 49,
The Supreme Court Passes on a
Phase Of Floating Indebted
ness Bonds.
Lincoln County Must Pay the Fee
Of Special County
Attorney.

V1ded Chat any village whose 1ndebt-
edness at the time of, the passage OF
this act exceeds the sum of $4,000,
besides it's bonded Indebtedness, may
issue its bonds for an amount, as near
ly as may be, equal to the amount of
such Indebtedness" The protesting
taxpayers claimed that this act was
unconstitutional, not making a proper
classification, but the court holds that
it follows the rule in Alexander VS..
City of Duluth, II Mimi, 435. The
basis of classification is an existing
condition, general in it's character. It
was not drawn to authorize the con-
tracing of debts with nothing to pay
them. The syllabus says:
Albert Kaiser, appellant, VS.. James e. Campbell,
1852 CHAPTER hg ST. villages
to issue bonds under certain circumstances is not
repugnant to sections 81 and 81, article of the
IL - Collins, ].
Gets Attorneys Fees.
M. e. Mathews wins his case against
the county commissioners of Lincoln
county; at least, the court decides in
his favor on a demurrer. When the
murder case of Walter Warren came
up, County Attorney Mckenzie was
found to be disqualified as a prose-
cutor, and Mr.. Mathews was appointed
to conduct the case. He putin a bill
for $1,000 for his services, which the
county commissioners refused to pay,
so he brought suit. The syllabus of
the decision is as follows:
| NJ. E. Mathews, respondent VS.. the Board of
County Commissioners of the County of Lincoln
| In the State of Minnesota, appellant
Where under section s13, general statutes 1894,
determines that u county attorney is disqualified
from taking Fart in the prosecution of person
| of the court to conduct the same in place Of the
regular Official substitute is entitled to receive
the courts appointment, from the county where
Order affirmed. Lovely, j.
Contractor Gets Verdict.
In st. Paul case a verdict is af-
firmed in favor Of Timothy Reardon,
a contractor, for extra work on the
Commercial building, amounting to
$5,345. The syllabus @s.-.. 49,
Timothy Reardon, respondent, Luther s.
| Cushing and George 3. Cabot and Luther S.
Cushing and George B.. Cabot, as trustees, ap"
pellants s,~-..
First-In building, contract which required
| claim in writing to be presented to the archi-
or default of the owner or architect occasioning
delay In the completion of the work; held, that
such provision did not apply to the extra work
which said contractor was required to perform,
| and to which he assented upon proper demand
Second-Held, upon an examination Of the
evidence, that 1t was sufficient to sustain the
Order affirmed - Lovely, ].
Employe Gets Verdict. /
In a Hennepin county case verdict
of $500 against the American Grass
Irvine company is affirmed. It was
obtained for injuries to Lars Peterson,
a workman, from the machinery in the
factory. The syllabus; IL -,
Lars Peterson, respondent, VS.. American Grass
| Irvine company, appellant. -#@,...--
First-The obligation Of master to exercise
reasonable care to provide his servants with rea-
sonably safe instrumentalities with which to
| provide sufficient number of servants to per
| form the work safely. = i. - =.
Evidence examined and held sufficient to justi-
| fy the verdict T.. ~. - -, -
I Order affirmed. Brown + =
Other decisions filed to-day were as
follows: E.,.- -. 80 =.
ys:E' Blue Earth County.
Fred Arndt, respondent James Thomas ct AL
First-1n action for trespass upon real es-
tate the material controversy involved was the
existence OF highway. upon this issue the evil
that there was no highway where the defendants
We're alleged to have tresoassed held to have
second-The evidence tended to show that the
defendants trespassed upon a smaller portion Of
land than the entiEe trace described in the COM
plant, but thru inadvertence embraced the whole
in 1ts conclusion of law and in ordering an in
junction to restrain further trespasses, thus EN-
bracing places where defendants might have a
lawful right to travel and improve conceded high.
ways held that If this conclusion was too broad
the party prejudiced should have called the at.
tention of the court thereto and requested that a
proper correction be made, which Was not done.
before demanding reversal of the order denying
new trial. s= s. - ~. - %
Order affirmed. Lovely, J.
! Blue Earth County.
Louis 4. Fietzel respondent, VS.. E. NJ Zuel and
| NJ. c. Johnson. co-nartners as the, Northern
pRsans
sale on commission They employed plaintiff to
specified price per acre. THRU plaintiffs nego-
tia lions sales were made for which he seeks com
p PEI whereby y it became material to show
prices paid without objection. Afterwards when
| it appeared that executed contracts for sales
expressed therein the consideration paid for each
tract. defendants moved to strike out the entire
testimony Of plaintiff relative to such sales
without specifying the particular part tho a por-
ton thereof was not objectionable. Held, that
the motion was properly denied and upon the
the contracts was not conclusive but might be
second-During the trial of the cause there
were statements made by plaintiffs attorney in
the presence of the jury to the effect that oppos
furious to the defendants interests. These re.
marks were at once reproyed by the court, who
dsbuse their minds Of nu
state laws 1893, chapter 60, have aDpiica
priety of counsel having been properly corrected
the court not matter Of law required tc
grant new trial for such misconduct.
Order ofhrmed. Lovely, j.
Minneapolis Municipal Court.
National Life and Trust company, respondent, VS.
William E. Clifford, appellant
1. In an action upon promissory note made
payable to the order of third party allegations
that the payee has Endorsed said note and that
the plaintiff is now. the owner and holder thereof
2. Where simple allegation in the complain
is that the plaintiff is corporation duly organ
lied and created under the laws of another
staet laws $780, chapter 3d. have no applica
ton and 1t is unnecessary to allege compliance
herewith Order reversed. Collins, j.
Wright County.