The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-12-15

admitting to citizenship the person therein
named
Seventh-The provisions Of article z, section 1,
OF our state constitution, as amended in 1885,
limiting the right of suffrage as respects nat.
qralized citizens to such as are admitted to
citizenship three months preceding the election
at which they tender their vote, is not in con-
filct with the fourteenth amendment OF the fed
eral constitution, which provides that no state
shall enact or enforce any law abridging the
privileges or immunities of citizens of the United
States.
Eighth-The right of suffrage was not con.
ferred by the fourteenth amendment but arises
and exists under the constitution and laws of
the several states.
Order affirmed Brown, ].
First State Bank of LIE sueuer respondent Va.
sibley County Bank ct al, defendants; Fred
Habegger as trustee Of the estate Of 81. Bur
ton Strait, appellant.
Syllabus: S., being indebted to various banks
and desiring further time, entered into an oral
agreement with the banks and K, an attorney
at-law, by the terms Of which he was to exc
cute certain promissory notes and secure their
payment by mortgage upon real estate. 1t was
agreed that the notes and mortgage should
to K, and that K. should indorse the notes
without recourse and deliver one or more of
them to each bank in exchange for the note
or notes OF S. for equal amounts then held by
such bank The agreement provided that the
by s., with the assistance Of K, and the
proceeds applied to the payment Of the netea
pro rata Papers were executed and delivered
In pursuance Of this agreement and some of the
lands were sold. S. then adjudged bank
rupt and his trustee brought an action against
X. to have the mortgage declared void for want
OF consideration X. rendered certain services
as an attorney in the preparation of the papers,
and in carrying out the agreement One OF the
banks brought this action to have their respect
i've rights determined and the mortgage fore
closed. Held:
First-That there was good consideration for
the mortgage.
Second-That the trial court properly received
evidence to show the oral agreement, and that
such evidence did tend to show an express
trust resting in parol in violation of section
1918, G. S. 1884.
Third-That the evidence did not show that s.
was insolvent when the agreement made,
or that the transaction preference.
Fourth-That K. was entitled to an attorneys
lien upon the papers and money in his possession
for portion of his compensation an attor-
ney-a t-1aw.
ORDER AFFIRMED. Elliott, t.,
Swedish American National bank Of Minneapolis,
appellant, VS.. Chicago, Burlington Quincy
Railway company, respondent.
Syllabus: Action by indorse Of certain
bills Of lading to recover the value of the
property therein described for the reason that
the carrier failed to deliver it to the plaintiff.
Held:
First-Whether record entries relevant to the
issue made in the regular course of business
are properly verified as a basis for receiy-
ing them in evidence is question for the
exercise of practical and sound dfscre-
ton by the trial judge, and his decision of 1t
will not be reversed on appeal if there is any
| evidence reasonably supporting it. The entries
here in question were properly received In evi.
dence. 49,
Second-A carrier, even as to an innocent in.
| dorsee. is not estopped by statements in a bill
that no goods In fact were received for trans.
portation, unless by his usual mode Of doing
business he has given to his agents authority
| to issue bills of lading for goods not received.
National Bank Of Commerce vs.. BY. Co. IL
Mimi, 224 followed.
Third-The evidence herein was not sufficient
to sustain finding that the defendant had
authorized its agents to issue bills of lading
| for goods not received
Henry Crandall. respondent. vs. Minneapolis, st.
Paul &ssault Ste. Marie Railway company,
syllabus:s Action to recover damages for per.
sonaT Injuries sustained by the alleged negli
genss Of the defendant ant in failing to keep
car closed between stations. Held:
Ftrst-The defendant was not bound to have
the car vestibuled, but, having done so, it
could not lead passengers to believe that the
doors of the vestibule would be kept closed be-
tween stations, and then neglgently leave
them open without mourning liability to pas
| senger injured thereby.
| Second herein is sufficient to sus"
tain the verdict to the effect that the defendant
was thus negligent
Judgment affirmed Start, CD.
Matthias Lang, respondent, Vs. Charles c. Mar
| bach ct al, appellants
| Syllabus: Where an owner Of real estate
places the same In the hands of an agent TO
be sold according to the acreage. appearing by
h In and fIa fc7 ronr G4pfG
q purchaser that the tract contains a specified
number of acres, but less than the amount
called for by the government survey, and the
purchaser relies. in good faith, upon such rep
Presentations and buys the property at a slip
ulated price per acre, the owner is liable to
the purchaser, at the specified price per acre,
for the difference between the actual amount
and the amount represented
i A verdict having been returned for appel
lants the court did not abuse its discretion
in granting motion for new trial upon the
ground that the evidence was not sufficient to
/ support the verdict
Order affirmed. Lewis, ].
State Of Minnesota, respondent, vs.. Adam Lin
/ dig, appellant.
Syllabus: On the trial Of the defendant on
j the charge of obstructing ditch duly laid out
and established by the board of supervisors an
order of the board attempting to establish
I ditch received in evidence objec-
4 ton and exception of the defendant in which
the supposed ditch was described as follows
namely: beginning about the center on the
4 west line Of northwest quarter Of southeast
quarter of section 9, township o. range 3d.
! thence east about ten to twelve rode and one
to three feet depe" Held that the description
was void for uncertainty and that It was error
to receive the order in evidence.
Judgment reversed and new trial granted.
/ Star, c. J.
State ex rel. Charles Faughnan. appellant vs..
Anton Mfesen, as sheriff Of Ramsey county,
Minnesota, respondent.
/ Syllabus: A. criminal prosecution pending, and
undetermined. before justice of the peace at
the time Of his death, terminates and ends upon
the death OF the justice, and is not bar to
d further action on the same charge before another
justict or court of competent Jurisdiction.
/ Order affirmed. Brown, J.
moe ct al, refendants, Bergit Stenmoe, APP
pellant
Syllabus: The Statement of the amount Of
taxes and penalty as published in taxlist held
ito be sufficient.
Judgment reversed. Lewis, J..
Otto Bremen, as administrator of the estate of
John NEWCOMERS. deceased, respondent, vs..
d Minneapolis. st. Paul & Sault Ste. Marie Rail-
way company. appellant
- Syllabus: In personal injury actfun the rec
ord examined and for reasonts stated in the
opinion the damages awarded by the Jury held
. excessive. and a new trial granted unless the
plaintiff will consent to reduction OF tie
, amount of the verdict.
,, | amount of the verdict. Elliott. j.
.EcEYC HANGING INV