The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-26
SUPREME COURT
ST. MARKS MUST PAY.
SUPREME COURT GIVES M. ). GIN
TER VERDICT OF $500 AS DAM
AGES.

The order of the Hennepin county
verdict in the case Of M. J. Ginter
against the rector, the church wardens
and the vestrymen Of st. Mark g
church was affirmed by the supreme
court today. Justice Jaggard dissented.
Suit was brought nearly two years
ago to collect damages said to have
been sustained by the Ginter Grocery
company by reason of water from the
caves Of the church running into the
plaintiff s. cellar. The suit was tried
before Judge G. M. Pond and jury.
The syllabus follows:
The owners Of improved property, To-
Gated adjacent to adequate sewer or
drainage system in a city, are required to
connect Herewith the water cutters and
spouts upon their buildings and not per-
NIT the rainwater to collect and dis
charge at a point in a public alley, where,
by reason Of the volume and force thus
attained, it enters adjoining premises
| provided such connection with the drain
age system can reasonably be made. Or
der affirmed ..s .- .s..
The supreme court today also held
that a public corporation is subject to
garnishment for debt. The decision,
signed by Judge Lewis, was given in
the case of Annie Mitchell, respondent,
VS.. George Miller, appellant. The syl-
| labus follows: . %- %;...
! In view of CHI. So, Laws 1901, providing
| that salaries and wages Of officers and
employees Of counties, cities, towns etc,
be subject to garnishment. attachment
and execution, the case of McDougall VS..
board Of supervisors, MINI (Gil.) $50, is
overruled, and it is held that a public corr
! poration Is subject to punishment when
| it owes an ordinary debt to a third per-
son. Order affirmed. -.
Another decision Of interest relates
to the assignment Of wages to be
earned. The syllabus, in the case of
J. M. Leitch, respondent, VS.. Northern
Pacific Railway company, appellant.
is as follows:
An assignment Of wages to be earned
in the future under an existing contract
Of employment to secure q present debt
or. future advances Is valid as an agree
ment and takes effect as an assignment
as the wages are earned, but an assign.
ment Of wages to be earned without limit
as to amount or time Is void.
Such an assignment cannot be enforced
against g. debtor after his discharge ir
bankruptcy as to wages thereafter earned
by y1irn. Judgment reversed.
Other decisions were as followsl
r. A. Paterson, respondent, VS.. TIT
Chicago, Milwaukee & ST. Paul Raa1lwa.
company, appellant. Order affirmed
Start, G. J. -
Charles Moss and Jesse Moss, partner
as Moss Brothers, respondents, VS.. An
. heuser-Bush Brewing association, appel
liant. Per Curtain. Order affirmed. @>
Max Epstein, appellant. vs.. Chicag
Great Western Railway company, respond
ent. Per Curriam Order affirmed.
State Of Minnesota, appellant vs.
Northern Pacific Railway company, re
spondent. Judgment affirmed. Jaggard, J
Matte Burris, as administrative OF tn
estate of Oliver L. Burris, deceased, ap
t pellant. VS.. Minneapolis. ST. Paul
= sault Ste. Marie Railway company, re
i spondent Order affirmed. Lewis, J.
Grace Mary Graham as administrator
of the estate of Robert H. Graham, re
spondent, VS.. Minneapolis, st. Paul
. sault Ste Marie Railway company, appel
liant, Order affirmed. Lewis. j.
James G, Dodsworth and, 3:C, Mimi
q Dodsworth, appellants, VS.. Jane D. sulli
van and C. O.. Homn1e, respondents
Judgment affirmed. Lewis, J.
: Gertrude L. Longfeld, respondent, VI
Minnesota Savings Bank, ct al, defend
ants Harry T. Smith, appellant Orde
reversed. Start, J.