The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-03-11


| had upon such application that upon the
18th day of April, A. d. 1902, temper
airy injunction was granted and awarded
| by the district court of Blue Earth coun-
| ty, aforesaid, and thereafter upon April
| 18th, 1902, the district court aforesaid
granted and awarded temporary in
junction as prayed for, and upon such
order and decision and pursuant thereto
writ of temporary injunction was is
sued and duly served upon all of the de-
PENDANTS in said action, prior to April
22nd, 1902. That attached hereto mark
ed exhibit 61h and made part hereof
| is a true copy of said writ of temporary
Injunction, and the nature, purpose and
scope of said writ fully appears therein,
| reference being made OF the copy attach
ed as aforesaid. The plaintiff was fully
advised and well knew that said tenn
| porary writ had been issued and served
at the time thereof and well knew the
! nature, purpose and scope thereof at all
times at and after the same was award
ed That on the 23rd day of April, A. d.
1902, said board of public works held a
| meeting, said temporary injunctnon be-
! ing then in force as the members of said
board and said plaintiff then well knew,
and said board in violation and defiance
of said injunction and contrary to the
terms thereof, proceeded to accept the
| bid of plaintiff for the doing of said
work, to change and modify the speciica
| lions as hereinbefore alleged, and said
board and plaintiff made and entered in
| to the contract for the making of said
improvement hereinbefore mentioned, as
u L., ~
all in violation of and contrary to the
terms of said injunction as said board
| and said plaintiff then and there well
| knew. That thereafter and on the same
| date said contract as executed was pre-
scented to the common council at meet
| ing thereof and was by said council APP
proved, which action, by the council was
| in violation of and contrary to the pro-
hibitions of said injunction, as plaintiff
| and said common council well knew then
! and there. That by reason of the facts
| aforesaid said contract is unauthorized,
illegal and void.
IA. That the dictrict court of Blue
Earth county, Minnesota, where said &C
| ton was brought had full and competent
jurisdiction of the subject matter of said
action and of the parties thereto. That
a true copy of the answer of the defend
ants to the complaint in said action is
hereto attached, marked exhibit five and
hereby made part hereof. That true
copy of the reply to said answer is here
! to attached marker exhibit six and here
by made part of this answer. That
thereafter and on the 23rd day of May,
1902, the plaintiff in said action duly
do co,,X,oI hic fol
plant in said cause setting up additional
facts occurring after the commencement
of the action, and true copy of said
supplemental complaint is hereto attach
ed, marked exhibit seven and hereby
made part of this answer. That there
after and on or about the 4th day Of
June the defendants in said action duly
| made and served their answer TO the
supplemental complaint, a true copy of
which answer is hereto attached and
| marked exhibit eight and hereby made
part of this answer. That the plead
ings in said cause attached hereto as eX-
hibits as a part of this contain and set
forth the issues in said cause. That
plaintiff was at all times fully advised
in relation thereto, and well knew when
and the nature of each and every step
and proceeding taken in said action.
Is. That thereafter, said cause being
regularly upon the calendar of said dis
trict court, came on for trial and was
duly tried and such proceedings were
therein duly had that the said court duly
made and filed its decision in said cause
in favor of the plaintiff and against said
defendants, awarding a permanent in
junction as prayed for in said action
which decision was made and filed on
the 10th day of July, A. ID. 1902. true
copy of said decision being hereto at
tachment, marked exhibit nine and here
by made part of this answer, and a
writ of permanent injunction pursuant
to said decision was forthwith duly is
sued and served upon said defendants.
That all of the foregoing facts and pro-
ceedings were well known to plaintiff
and it was fully advised in relation
thereto That thereafter said defendants
appealed in due manner from said de-
cision to the supreme court of the state
of Minnesota, and upon hearing and ar
gument said supreme court did make
and file its decision affirming the decision
of the district court. That copy of
said decision is hereto attached, marked
exhibit ten and made part of this
answer. That the decision of the SUI
preme court as aforesaid was made and
filed in the office of the clerk of said
court on the 9th day of February, 1903
That a mandate was forthwith issued
and filed with the clerk of the district
court of Blue Earth county aforesaid,
and thereupon judgment of perpetual
injunction was entered pursuant to the
terms and directions of the decision of
said district court, and due notice of the
entry of such Judgment was forthwith
given to all the defendants in said cause.
That plaintiff had full knowledge of and
was advised at all times as to all the
foregoing matters and as to the purpose
and effect thereof. That by reason of all
the facts aforesaid the contract exhibit
&C." is null and void and the making
thereof was illegal and unauthorized as
plaintiff well knew at the time of the
execution thereof; and the doing of the !
work set forth in the complaint was done |
by plaintiff with full knowledge of all
such facts and in violation of said in |
junction; that by reason of the forego- !
ing facts plaintiff has no valid claim
against said defendant for the doing of |
such work or any part thereof.
Is. Defendant further alleges that the !
provisions of the charter of the defend |
ant, being chapter AZ of the Special !,
Laws of 1891, mentioned in the COM |
plant, and the provisions of the General !
Laws of the State of Minnesota apple |
able to defendant contain and are the |
sole source of power and authority of !
defendant, its officers and agents. That /
the. contract exhibit "C' attached to the
complaint attempted to be made and en-
tered into as herein set forth was at
tempted to be made and entered into
to the provisions of said chart
ar. That the making of such improve
ments were ordered and all steps lead
no lp to the same were attemntad to