TERRITORY OF MINNESOTA. FROM THE ORGANIZATION OF THE TERRITORY UNTIL ITS ADMISSION INTO THE VOL. I. CONTAINING THE REPORTS OF WILLIAM HOLLINSHEAD, ISAAC BY HARVEY OFFICER, ATTORNEY AT LAW. HARVARD LAW LIBRARY CHICAGO: E. B. MYERS & CHANDLER, LAW BOOKSELLERS & PUBLISHERS, 1858. Entered according to act of Congress in the year 1858, by In the Clerk's Office of the United States District Court, for the District of 5/21/1861 ADVERTISEMENT. This volume of Reports of the Supreme Court of Minnesota Territory is submitted to the criticism of the Bar with some reluctance by the Reporter, and he deems a few words of explanation necessary before presenting it. Upon entering upon the duties of the office, in December last, he determined to complete the publication of the volume which had been commenced by Mr. AMEs as soon as practicable, and for that purpose obtained from the Clerk's office the record and file of every case which had not been reported. These files were carefully examined, and many of them found to be imperfect and incomplete-some for want of an Opinion, others lacking "points and authorities," and in some cases the whole judgment-roll could not be found. Diligent enquiry was made for the missing files throughout the different offices in the city, and a notice published in the public papers requesting that these files should be handed to the Clerk of the Court. In July 1857, our State Capitol narrowly escaped destruction by fire, and in the confusion of the hour the papers in the Clerk's Office were necessarily scattered. Some few papers belonging to the Supreme Court files have been since found in the Office of the Secretary of the Territory. I am informed by Judge SHERBURNE that he filed written Opinions in all cases which were assigned to him by the Court, with a single exception; doubtless the other members of the Court were equally industrious, but their Opinions have been lost. These facts, it is hoped, will satisfactorily explain the meagre state of some of the later reports. They have been reported as fully as the record in each case would allow. But it is confidently believed that the volume, with all its imperfections, contains reports of much interest and value to the Bar of the State. Wherever the record justifies it, the report of each case contains a short history of the cause, the points made and authorities cited by the respective counsel, the Opinion of the Court, and a syllabus or digest of the same. Much labor was bestowed upon the Index. No apology is needed for merging "HOLLINSHEAD's" and "ATWATER'S Reports" in this, the first of Minnesota Reports. It is hoped that those having charge of the publication of the future Reports of the Supreme Court of the State will retain this title. The Appendix contains the Rules of the Supreme and District Courts of the Territory, adopted at the July Term 1852. A few copies of these Rules were published, but they will be now read for the first time by many members of the Bar. In some few cases where Opinions were filed in the District Court and the judgment below affirmed, the same have been published as District Court Opinions. It was designed to add an appendix containing a number of the Opinions of the Judges of the several districts in cases of importance, but they could not be obtained. ST. PAUL, July 14, 1858. HARVEY OFFICER. THE SUPREME COURT OF THE TERRITORY OF MINNESOTA. By the Act of Congress organizing the Territory of Minnesota, approved March 3, 1849, the judicial power of said Territory was vested in a Supreme Court, District Courts, Probate Courts, and in Justices of the Peace. The Territory was divided into three Judicial Districts, a District Court to be held in each by one of the Justices of the Supreme Court, at such times and places as should be prescribed by law. The jurisdiction of the several Courts, both appellate and original, was declared to be as limited by law, with the proviso that Justices of the Peace should not have jurisdiction of any matter in controversy when the title or boundaries of land. should be put in issue, or where the debt or sum claimed should exceed one hundred dollars; and the said Supreme Court and District Courts respectively were invested with Chancery as well as Common Law jurisdiction. Writs of Error, Bills of Exception and Appeals were allowed in all cases from the final decisions of said District Courts to the Supreme Court, under such regulations as might be prescribed by law, but Trial by Jury was allowed in no case removed to the Supreme Court. Writs of Error and Appeals from the final decisions of said Supreme Court were allowed to be taken to the Supreme Court of the United States in the same manner and under the same regulations as from the Circuit Courts of the United States, where the value of the property or the amount in controversy should exceed one thousand dollars. [See Sec. 9 Organic Act.] "The powers and jurisdiction of the Supreme Court of the Territory were limited by law, pursuant to the Organic Act, on Chapter 69, page 287 Revised Statutes of Minnesota, ap |