The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-04-22
SUPREME COURT
CANNOT ATTACH
FOREIGN CARS
COURTS CHECK ON
PRACTICE OF SHIPPERS.
Decisions in Three Cases Hold That
Be Attached While Within the Bor-
ders Of the State-Decision Is Far

The state supreme court this morn |
ing handed down a decision of vast
Importance to shippers and railways.
The court holds that cars of foreign
railways are not subject to attach
ment while within the state. Such
attachments would be Yiolative of
the interstate commerce laws,
against public policy and contrary to
the constitution of the United States.
The decision was filed in the case
Of the Connery Fruit company against
the Quinch, Omaha & Kansas City
Railway company. The case was
very fully argued early last January
by Rome G.. Brown and Charles S.
Albert, for the appellant railroad
company, and by w. e. Dodge and
George c. Stiles for the respondent.
Al J. Smith also appeared for the
railway company. Two other similar
cases were also decided this morning
in favor Of the railways. These are
the cases of Best against the Missouri
Pacific, and the Wilmar Creamery
company against the KeWaunee,
Green Bay & Western. These rail
ways were represented by Albert e.
Clarke and John Larimore. "
The lower court in each case de-
cided in favor Of the shipper; but
the supreme court reVerses these de-
cisons with instructions to grant the
motions to VaCate the attachments.
Heretofore it has been the practice of
local shippers, whenever they have
had a claim against aforeign rail-
way, to wit until or of that compny
arrived some place in Minnesota and
then to levy an attachment upon 1t.
There have been over a thousand of
these cases which have heretofore
gone unchallenged. The opinion of
the Minnesota court is a pioneer upon
this point. The syllabus is as fol-
lows:
Edward E. Connery, doing business as the
Connery Fruit company, respondent. VS..
Quincy, Omaha & Kansas City Railroad
company, appellant. .
Syllabus--A railroad car Of a foreign
company sent into this state with freight
| to be delivered here and then within the
! reasonable time necessary for its return
| reloaded and in the customary and usual
course of business forwarded to the state
from which it came is not liable to at
tachment issued in an action in our courts.
Order reversed. Lovely, j.
Two Other Decisions.
Two other decisions were handed down,
the syllabi being as follows:
| Northwestern Life & Savings company,
| appellant, VS.. Vincent Gippe, defendant.
Northern Pacific Railway company,
| garnishee, respondent. ....
| Syllabus-When all the parties to an ac-
| tion brought in this state are nonresi-
dents, none of them being here and pro-
cess is served upon a garnishee who is
a nonresident. but temporarily here, the
| court acquires no jurisdiction by such
service and the court cannot proceed in
the action.
Second-Where it appears an order
through inadvertence recites jursdictiona
facts it is within the province of the court
to subsequently correct and modify such
order to make the same consistent witt
the facts therein.
Order affirmed. Lovely, J.
Nickelai Mundal, respondent, VS.. The
Minneapolis & st. Louis Railroad com
pany, appellant.
Syllabus-First-In an action for mali
, cious prosecution it is held, that upon tn,
evidence it was a question of fact for thu
, jury. whether the defendant instituted thu
prosecution by it's agent, whether Their
t was a want of probable cause for tn
t prosecution, and whether it was done ma
0 liciously or in good faith on the advic
:. of the county attorney.
e Second-The court did not err in it