The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1918-08-03
Supreme Court
Decisions
From Morton County.

From Morton County
County of Morton, plaintif and re-
spondent, VS.. A. G. Forester, defend
ant and appellant.
Syllabus:
/. In the absence Of constitutional
restriction, public highways are un-
der full control Of the legislature, and
may be vacated in such manner and
through such instrumentalities only
as the legislature prescribes.
2. Under the provisions of sections
1921 and 1923, G. L. 1913. the board Of
township supervisors of an organized
township has power, upon petition, to
vacate a highway situated within the
township.
8. The fact that q highway stu
ated within a township connects with
ships and does, in fact, form a portion
of a continuous, travelled highway
originating and terminating at points
outside Of the boundaries of the town.
ship does not divest the board Of
township supervisors of jurisdiction
over such highway as is actually stu
ated within the boundaries of the
township.
Morton county; Nuessle, special judge.
From an order sustaining a demur-
rer to the answer, defendant appeals.
Reversed. Opinion of the court by
Christianson, ]. Robinson, j., dis
Sullivan & Sullivan, of Mandan, at
torneys for defendant and appellant;
l. H. Connolly, of Mandan, attorney
for respondent
From MOuntraiI County.
The state OF North Dakota, plaintiff
and respondent, VS.. Vern Austin, de-
PENDANT and appellant.
!. On the trial of a man for the
crime of adultery, evidence of the
reputation for chastity of the parti-
ceps criminis is admissible in connec-
ton with evidence Of facts showing
opportunity for committing the Of
Tense, but evidence OF a specific act OF
adultery committed with another than
the defendant is not admissible.
Prosecution for adultery.
Appeal from the district court of
Mountrail county; Hon. Frank Fisk,
judge.
Reversed. Opinion Of the court by
Bruce, c. j. Grace, j., concurs in re-
suit.
general Bismarck, and F. F. .Wyckoff.
states attorney, of Stanley, N. D., at
torneys for plaintiff and respondent;
MCGEE & Goss, Of Minot, N. D., attor-
neys for defendant and appellant. ,
From dcHenry County.
William F. Stiehm, plaintiff and ap-
pellant, VS.. Guthrie Farmers Elevator
Co., a corporation, defendant and re-
sponient.
Syllabus:
/. Plaintiff brought an action in
conversion against defendant to re-
cover the value Of a certain quantity
a seed lien under sections 6851-2, G. L.
1913. Held, in order for plaintiff to
recover he must show the grain in
question was produced from the seed
N,s 81 IN "
him. The verdict Of the jury was in
defendants favor. 1t necessarily fol-
lows plaintiff failed to prove the
grain in question was produced from
the seed or part of the seed furnished,
for which lien, is claimed.
2. The trial court properly denied
a new trial.
Appeal from district court, Of Nc
Henry county; Hon. A. G. Burr, judge.
Affirmed Opinion of the court by
F. B. Lambert, Minot, attorney for
appellant; Nestos, Carroll & Herig-
stad, Minot, attorneys for respondent.
Original.
Anna Bockwold Larson, plaintiff
and appellant, VS.. Frank Dutton and
respondents.
Syllabus:
/. A Judgment or order quashing
a WRIT of habeas corpus and awarding
child to one of the contending parties
is final order or Judgment Affecting
substantial rights which lis made in
special proceeding and is appealable
under the provisions of section 1874
OF the compiled laws OF 1913.
Motion by respondents to dismiss
an appeal form judgfent quashing q
writ of habeas corpus and awarding
the custody of minor child TO the
possession of the defendantss~
Motion denied.
Opinion of the court by Bruce, Oh.
J. Christianson. j., concurs specially.
Bridzell, j., dissents
Wade A. Beardgley, of Wilton and
q. T. Burke, of Bismarck, attorneys
for plaintiff and appellant; Newton,
Dullam & Young, of Bismarck, attor-
neys for defendants and respondents.
From gtutsnlan County
J. u. Hemmi. plaintiff and respond--
ent, VS. c.. A. Shaw, sole survivor OF
the co-partnership of Shaw u McDoTl-
aid, defendant, and appellant.
Syllabus: This case presents an ap-
peal from a Judgment on directed
verdict for S5e6.6f. AS the verdict is
not sustained by clear, competent and
decisiyeeevidsnce the Judgment is re-
Versed and a new trial ordered.
Appeal from the district court OF
stutsman county; Hon. j. A. Corey,
judge.
Defendant appeals.
Reversed. Opinion of the court BY