The Saint Paul globe., 1904-06-04
CAN TELL
HOW MUCH HE LOST
Supreme Court Solves Some
Disputed LawP Points Hands
Down Ten Decisions

ne supreme court OF Minnesota, In
a decision in the Hennepin county case
of Fred E. Redner, respondent, VS.. The
New York Fire Insurance Company ct
al, appellants, handed down yesterday
holds that an insured person has a
right to appear before a board Of arbi-'
| traitors to offer evidence touching on
the value of his property insured and
the damage done to it by a fire. A de-
NAL of this right by the arbitrators is
| ground for setting aside the verdict of
the arbitrators.
The case came before the court on an
appeal from the district court of Hen
nepin county. Redner had insured his
property for $500, and it had been
damaged by fire. A board of arbitra-
tors was appointed and gave an award
OF $4OO to the insured Redner asked
to be permitted to appear before the
board and to present evidence showing
that the award was unjust. but the ar
bitrators refused to hear him or his
witnesses. The court set the award
aside, and the insurance company aa-
pealed. Chief Justice Start, who wrote
the opinion. said
The plaintiff was entitled to appear
before the arbitrators to be heard and
TO offer evidence touching his loss. A
denial of such right by the arbitrators
IS a ground for setting aside their
award"
Other questions were involved but
they were supplemental to that relat-
ing to the denial of Redner's right to
appear before the arbitrators.
No Ground for Divorce
tho 1f
VS.. Joseph G. Dion, an appeal from st.
Louis county, Justice Douglas holds
that commitment to the state reforma-
tory is not ground for a divorce on the
part of the wife of the man so COM
mitted, thereby affirming the lower
court. After quoting the statute under
which Imprisonment in the state prison
is made ground for a divorce the court
says:
The enactments Of the legislature
declaratory of the policy Of the state
upon the subject of divorce have been
repeatedly amended since the erection
OF the state refOrmatory. 1t would be
strained construction indeed to hold
that the legislature, in providing that
a sentence to a term Of Imprisonment
IN the state prison should constitute a
cause for divorce, intended to refer to
another we'll known penal institution.
We could. with equal propriety, say
that the term state prison used in this
class of statutes means county Jail. An,
issue, calling for such construction is
likely to arise, as sentences to impris-
onment in either the state prison or q
county Jail upon conviction Of certain
felonies are authorized and common
Again, a general classification of
criminals sentenced to the reformatory
has been made by the legislature. The
court is not only authorized to sentence
tn hi {xacf L.
sixteen and thirty years of age, but is
compelled to do so. 1t may in it's dis
cretion impose state prison sentence
upon this class, but no person above
thirty years of age may be sentencd to
the reforn1atory. Presumably the leg
islature had in mind the classification
indicated"
Other Decisions
Other cases decided by the court
yesterday were:
Fidelity and Casualty Company of New
York, appellant, VS.. the Gillette Herzog
p Manufacturing Company. respondent;
Order affirmed. Lovely, J.
Alfred Person, respondent, VS.. Philander
McCarger, appellent.
Order affirmed Start, @. j.
rick Meehan and James Meehan, CO.
partners as p. & ]. Meehan, appel
lantS.
Judgment affirmed. Douglas, ].
John H. Widricksen, appellant, VS.. Peder
A. Samdahl. respondent.
Judgment affirmed. Brown, j.
William Hodgson respondent. VS.. Henry
Mather. appellant
Order reversed and new trial granted
Lovely, ].
Rosie Leduc, administrative of the estate
of Oliver L. Leduc, deceased respond y
ent, VS.. Northern Pacific Railway Com
pany, appellant.
Order affirmed. Lovely =.
Fred H. Lake and George B. Lowry, CO.
partners as Lake & Lowry, respond
ents, VS.. A. l.. Lund, appellant; Andrew
Bogen, intervenor.
Order affirmed. Start, G. J.
G. A. Fleming, appellant, VS.. S. b. Will
son, administrator of Gaylord Lamb
deceased, respondent.
Judgment reversed Douglas T.
MONEY rs ATI0TTE0