The Saint Paul globe., 1905-04-08
NEWS OF THE CITY
POLK COUNTY COURT
UPHELD BY JACCARD
Decision In Rocksbury Town.
ship Bond Case
Sustained

Judge Jaggard of the supreme court
yesterday affirmed the decision of the
Polk county district court with regard
to the redemption of Rocksbury town
ship bonds. Charles Corbet was the
appellant and sought to secure full
payment together with four years In
terest on three $500 10 per cent bonds
issued by the township of Rocksbury,
Polk county, in 1888, to run for twenty
years.
The respondent contended that the
bond issue was illegal for the reason
that at the time it was made the is
sue was for more than 10. per cent of
the assessed valuation of the township.
The entire fight was made by the ap-
pellant against the introduction of the
assessors lists for the year 1888, he al
leging them to be incorrect. Judge
Jaggard held the records even if bur-
dened with minor mistakes, to be adj
missible as evidence, however.
Following are the syllabi of the two
cases in which decisions were written
by Judge Jaggard yesterday:
Charles Corbet, appellant, VS.. Town of
Rocksbury, respondent.
Statutory provisions concerning the va
riOuS official acts which result in the pro-
ducton of a tax to be collected are d1-
rectory and not mandatory.
Mere official errors or omissions appear,
ing in an assessors list of taxable real
estate. however OBVIOUS. 10 LOl HSNSS-
sarily inValidate that list.
In this case held that an assessors list
of taxable real estate within given town
ship is admissible in evidence to show as
SeSsed valuation of land therein, although
the name of that township may be moor
rectly stated in some places, and mlSstat-
ed in others; and, although such list IN,
cludeS lands not within that town, and
omitS other lands comprised within its
territory; and although interlineations to
make 1t conform to action OF boards OF
li.y1fi ann nd al
its jurat signed by the assessor be not
signed and sealed by the county auditor;
when lands within its legal limits are cor
rectly described by government subdivl-
sions, and that township is correctly
named in places, so as to render its ter
ritory susceptible of easy ascertainment
by reference thereto in connection with the
minutes of the board of county commits
sioners organizing it and changing its ter
ritory.
A bond in the hands of a bona fide pur-
chaser, for value issued by a township
under statute prescribing a public rec
ord as determinative of the amount of au-
thoriZed issue. which on its face exceeds
the limit of the entire issue proper under
such record produced is void as to such
excess, Notwithstanding recitals therein of
compliance with all legal requirements and
the payment of installments of interest
thereon.
Judgment affirmed -Jaggard, ].
F. NJ Loomis, appellant, vs. Charles Wall
blom ct AL, defandantS; Charles Wall
blom. respondent.
A full discharge of individual liability of
one partner on a firm debt may be had in
bankruptcy proceedings concerning that
partner only.
Such discharge is a good defense in an
action brought against two partners to
renew judgment on partnership debt.
the process in which action was served
only on the partner who had been duly
discharged in bankruptcy proceedings,
where it appeared that, many years be-
fore, the parties had dissolved the firm;
and the firm had to the actual knowledge
of the judgment creditor made an assign
ment of all uneXempt firm and individual
property under a state insolvency law,
and where it did not affirmatively appear
that any firm assets now exist; provided
that the claim was properly scheduled and
notice thereof was duly given.
Held that the claim was duly scheduled
on the facts here presented.
Order affirmed. -Jaggard ].