The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1917-04-23

er ne LOOK Ills UOTlSdSo "iIhouI AO'
tice.
(3). Mortgage. For Value. Delini-
ton. Where a past due debt was re-
newed and was placed into new notes
secured by chattel mortgage, and the
time Of the payment of the whole
debt was extended, the renewal Of
such debt. and extension of time OF
payment thereof constitutes and
makes such mortgage a mortgage for
value. .,.. o.. .. 4 Ill., .
a.. Courts, Instructions, Prejudi-
cial, Reversible Err0r.---Here "a debt
past due was renewed and placed into
new notes secureda'by chattel mort
gage, and the time Of the payment of
the whole of said debt vas definitely
extended, such mortgage was a. mort
gage for value, and the MORTGAGE is
entitled to protection as a mOrtgagee
for value, and is a mortgage for
value as a matter of law, and the
jury should have been SO instructed
by the court. There being no dispute
Of the fact about the renewal and eX-
tension of time of payment Of such
debt, it was improper, and prejudi-
cial error, to submit the question
whether the mortgage was one for
value to the jury, it appearing from
the notes and mortgages themselves,
and from the extension of the time OF
the payment of the debt as q" matter
of law that the mortgage was n for
value, and that the mortgage was 4
MORTGAGE for value in good faith.
and entitled to protection al such.
While the chattel mortgages were OK
ccuted a few days after the execution
of the notes in question, they were all
part of one transaction.
Appeal from the district court OF
Ward county, C. M. Cooley, Special
judge. , ~,
Reversed.
Opinion of the Court bysGrace, J.
Robinson, j., dissents.
John Z. Greene, attorney for de-
PENDANT, of Minot, N. D.
F. B. Lambert, Minot, attorney for
plaintiff. .f.l.
81 From Ransom County.
Alfred M. Kvello, ct al, plaintiffs and
appellants, vs.. City Of Lisbon, defend
ants and respondents. "
Syllabus: (1). A finding and declara.
ton by the City council which Is
based upon and refers i%ntelligently to
the plans, specifications and estimates
Is a prequisite to the levying of a spe.
cial assessment for the erection Of q
standpipe under the provisions of Ar
ticle 20 of Chapter "A, of the Com
piled Laws Of 1913. Such requirement
is held to be mandatory, and not to
have been complied with in the case
at bar. AK;
(2). The provisions Of. Section
1926 of the. Compiled Laws of 1918
which. require a personal inspection
of the lots sought to 1be assessed for a
local Improvement and d determine
ton from such inspection of tho
amount to which they will be bcne-
fitted, are mandatory, and are held
not to have been complied with in the
case at bar.
Action to set aside a special assess.
ment.
Appeal from the District court Of
Ransom County. Hon. Frank r. Al
len, judge. $ift2 III I4TTEN
Judgment for defendants. plaintiffs
appeal.
Reversed.
Opinion Of the Court by Bruce, Oh.
Justice.
Rourke, Kvello & Adams. Of Lisbon.
D., attorneys for plaintiffs and ap-
pellants.
Chas. s. Ego, p. H. Butler, and J.. v.
B%acklund, of Lisbon, N. D., attorneys
for defendants and respondents.
From Morton County.
]. Blumhard ct al, plaintiff and re.
spondents. VS.. Chas. Mcdonald. as
sheriff, defendant and appellant.
Syllabus: l. A proceeding for tho
condemnation and destruction Of in.
toxicating liquors unlawfully imported
into the state is not a, civil action
within the purview of Section liz of
the state constitution, limiting the jur.
isdiction Of q Justice of the peace in
civil actions to causes where the
amount in controversy, exclusive Of
costs, docs not exceed two hundred
($2OO.OO Dollars.
2. An appeal will lie from the judg.
ment entered by a justice Of the peace
in such proceeding.
2. A judgment regularly entered by
a Justice Of the peace in such pro-
ceding, ordering tho destruction Of
liquor, cannot be assailed c~ollaterally
by mean of an action against the OF.
flccr holding the liquor under the
judgment.
From an order of the District court
of Morton county, overriding 4 demur-
rer to the complaint. Nuessle, j.
Defendant appeals.
Reversed.
Opinion OF the Court by Christian.
son. ].
Robinson. j.. dissents.
John F. Sullivan. and j. A. fHedef.
Mandan, attorneys for plaintilfs and
respondents. ~.
VIM. LANCER, states attorney, (nok
attornsy genSr9f). and George 4. WI.
lace, both Of bismarck, attorneys for
and appellant.