MINNESOTA REPORTS

VOL. 70

་།།

CASES ARGUED AND DETERMINED

IN THE

SUPREME COURT

OF MINNESOTA

NOVEMBER 5, 1897-DECEMBER 23, 1897

HENRY B. WENZELL

REPORTER

ST. PAUL

FRANK P. DUFRESNE

1899

COPYRIGHT, 1899

BY

ALBERT BERG

SECRETARY Of the State of MinnesOTA, IN TRUST FOR THE BENEFIT OF THE
PEOPLE OF SAID STATE

JUSTICES

OF THE

SUPREME COURT

OF MINNESOTA

DURING THE TIME OF THESE REPORTS

HON. CHARLES M. START, CHIEF JUSTICE.

HON. WILLIAM MITCHELL.

HON. LOREN W. COLLINS.

HON. DANIEL BUCK.

HON. THOMAS CANTY.

DARIUS F. REESE, Esq., Clerk.

ATTORNEY GENERAL,

HON. HENRY W. CHILDS.

NOTE.

By Laws 1895, c. 23, the reporter is required to report all cases argued and determined in the court.

By the practice of the court, based on G. S. 1894, § 4826, the headnote in each case is prepared by the judge writing the opinion.

The cases are reported in the order of their decision. The date of the decision follows the title of each case. The numbers given below the date indicate the number of the case in the files of the clerk of court and the number of the case in the general term calendar, the calendar numbers being enclosed in (). The cases in this volume are from the October, 1897, term calendar.

As-required by Laws 1895, c. 23, the names of counsel are followed by their official designation, as subscribed by them to their respective briefs.

In citations from the first twenty volumes of the Minnesota reports the page of the original edition is given, preceded by the corresponding page of the edition prepared by Chief Justice Gilfillan.

CASES REPORTED.