The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-04-15
WINS APPEAL FROM
ONE DOLLAR VERDICT
Dakota County Farmer Gets
New Trial in Fence
Case

Charles Almquist, Dakota county
farmer, chopped down a section of
fence incloSing property owned by Au-
gust Jeppson, neighbOring farmer of
the same county, alleging that il was q
barrier across public highway.
Jeppson sued for $25 damages in a
justice court, but got no Judgment.
Inc case was appealed to the district
court, which reversed the decision and
gave Jeppson a 81 verdict. Almuust
then appealed to the supreme court.
which in decision handed down yes
terday reversed the decision of the
lower court and ordered a new trial.
The action was brought on the grounds
of trespass.
The decision in the appeal of M. l..
Countryman, as receiver for the East
Side syndicate, against Judge w L.
Kelly of the Ramsey county district
court upholds the judges denial of
new trial in the case of Augusta
Kampfer against Countryman as re-
celVer, involving title to real estate
and which was decided adverse to his
interests.
Defendants attempted to serve a
case on the PLAINTIFF, which was re-
fused on the ground that the statutory
time allowed for filing such had ex-
pired. Judge Kelly held so also, and
defendant sued out an alternative writ
OF mandamuS, directed to Judge Kelly,
requiring him to show cause why leave
TO serve the proposed case" should not
be granted. The supreme courts opin-
ION is that service had been waived by
reason of a stipulation as to time
agreed between the attorneys for both
parties to the suit and Judge Kelly
is upheld.
a per curtain decision was handed
GOWN IN the case of w. G. Howe VS..
Arne Nelson, affirming the verdict of
the lower court. The case involves a
lien on homestead property. The court
holds that the lien was not legally es-
tablished, as a homestead is exempt
from liens of any kind.
The syllabi follow:
State eX rel. Marcellus L. Countryman as
receiver OF the East Side syndicate re
iator, vs.. Hon; William Louis Kelly.
Judge of the district court for Ramsey
county, respondent.
l. Where, in actions tried before the
court without a jury, a ease" or bill of
exceptions may, by statute or rule of court
be proposed within a certain time after
notice OF the filing of the decision of the
court, the time within which to propose
such case or bill of exceptions does
not commence to run until service of the
notice
2. But where, after the decision has
been filed, the parties take notice thereof
and enter into a stipulation fixing a time
Tor the settlement of the case service of
notice of filing the decision is waived. and
the parties are governed by the terms of
the stipulation. In cases where a stinula
ton is entered into the statute or rule OF
court does not apply.
Writ discharged.
August JeppSon. respondent vs. Charles
Almquist. appellant.
Action of trespass in which the defense
was that the locus in quo was a public
highway; held that the evidence does not
Justify the finding and decision of the trial
court that the place was not a public
Judgment reversed and new trial
granted. Brown. J.
c. A. Buie, respondent. vs.. Great North
ern hallway Company, appellant.
A notice of appeal from d judgment in
justice court stated that the defendant
appealed from the judgment and the whole
thereon and that new trial of said ac-
ton was demanded in the district court.
Other than this the ground of the appeal
was not stated. Held. following Smith VS.
Kstler, 81 Mimi. 102, that the notice was
void
Judgment affirmed. Start. c. ].
S. K. sorenson. appellant. VS.. Ole N
TorVestad. respondent
l. justice OF the peace has no power
to certify a cause to the district court.
under General Statutes 1894, section 1891,
until the title to real estate comes in issue
on the evidence. The fact that the plead
inss show such issue is not sufficient.
2 The improper certification of cause
to the district court under that statute
GUSTS both courts of jurisdiction, and tho
district court has no authority to remand
the same to the justice for trial The
only order the district court can make in
such case is one of dismissal
Judgment affirmed. Brown, J.
State of Minnesota, VS. Alder E. Foster,
respondent.
villages organized under the general
law have no power to construct or con-
tract for the construction of sewers until
the property owners have an opportunity
to perform the work themselves as pro-
vided by chapter 167, Laws 1901.
Judgment affirmed. Lewis, j.
st. Paul, Mimi. April IA, 1905.
Water mains on high service will be
flushed Sunday, April 10, 1905, between
the hours of 8 a. m. and D.
JOHN CAULFIELD, Secretary.