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# DECISIONS OF THE SUPREME COURT
C. H. Kalsow, plaintiff and appellant vs Henry Greb and McCormick Transfer company, a corporation, an appeal from Cass county district court-affirmed. Court held that in action to recover for an injury to a child where trial judge submits to jury the sole question of unavoidable accident, plantiff is not prejudiced by court's refusal to give instruction on contributory negligence asked by defendant as it was to interest of plaintiff to have question of contributary negligence eliminated.
L. R. Baird, as receiver of Regan State bank, Regan, plaintiff and respondent, vs. Wilton Elevator company, a corporation, defendant and appellant, an appeal from Burleigh county district court-affirmed. Court held there was substantial compliance with section providing the mortgagee must surrender to the mortgagor a correct copy of mortgage and that mortgagor must surrender to mortgagee a receipt in return.
Emil Krauth, plaintiff and appellant, vs. P. S. Jungers and Fred Schwenk, defendants and respondents, an appeal from Stark county district court-affirmed. Court held that in action to redeem from real estate foreclosure after expiration of redemption, where it appears from record that there was no agreement to extend statutory period of redemption and no evidence of fraud and deceit which prevented a redemption within the statutory period, a judgment from defendants must be affirmed.
Interior Lumber company, a corporation, plaintiff and respondent, vs. Mary Kunert and Arthur O. Kunert, defendants and appellants, an appeal from Cass county district court-affirmed. Court held evidence examined supports findings of district court in case, an action in forcible entry and detainer.
First Security bank, a private corporation, at Raleigh, plaintiff and appellant, vs. Bagley Elevator company, a foreign corporation, of Minneapolis, defendant and respondent, an appeal from Grant county district court-affirmed. Court held where sole question presented is right of plaintiff to judgment notwithstanding verdict it will not review alleged errors in introduction of evidence or in charge to jury, or that there is not sufficient evidence to justify a verdict for defendant, the court being concerned merely in ascertaining whether evidence shows plaintiff is entitled to verdict and judgment.
In the matter of the estate of Anthony James Druhl, et al, minors, John H. Lewis, guardian of Anthony James Druhl, et al, petitioner and appellant and respondent, vs. Anthony James Druhl, et al, R. J. Doebler, special guardian of said minors, et al, respondents and appellants, an appeal from Ward county district court-remanded. Court held homestead does not descend to children except upon death of both husband and wife; and where there is surviving wife who later marries and takes children into another state, homestead and property descends to decedent's heirs and is distributed in same manner as property which never was subject to homestead estates.
T. A. Thompson, plaintiff and respondent, vs. J. J. Murphy, defendant and appellant, an appeal from county district court-reversed. Court held counterclaim for damages on count of breach of contract in connection with purchase of bank is good as against demurrer is posed on grounds that counterclaim failed to state facts sufficient to stitute cause of action.
Anine Lacey, plaintiff and appellant, vs. Security Finance and Realty and respondents, an appeal from county district court-affirmed. Court held evidence showed plaintiff received benefit of earnest money payment to defendant despite fact appeared plaintiff had accepted conveyance of property in question by owner through intervention of other than defendant.
First State Bank of Strausburg, a corporation, plaintiff and respondent, vs. Joseph Schmaltz and Katherine Schmaltz, defendants, Katherine Schmaltz, defendant and appellant, an appeal from Emmons county district court-affirmed. Court held defendant is precluded from asserting judgment is invalid because of lack of service and process upon her, she, with knowledge of existence of judgment against her, accepted and retained certain benefits on the theory that judgment and sale of property held thereunder were valid.
School District No. 35 of Morton county, North Dakota, a public corporation, plaintiff and respondent, vs. Ellen Shinn, et al, defendants, and State Bonding Fund, appellant, an appeal from Cass county district court-reversed. Court held that school treasurer who pays warrants issued for unauhorized and unlawful purposes is not liable on account of such payments, though he had knowledge of the purpose for which the warrants were issued, were properly drawn and signed and were not paid in bad faith or with unlawful or fraudulent intent on his part.
Stickler Solution
The diagram shows how it is possible to score 21 points each score coming from a different set of four circles that form a square. Nine squares of circles will be of the size indicated by the circles that contain A. Four of the size indicated by B's. Four of the size indicated by C's. Two indicated by the D's and two of the size indicated by the upper single A, the upper single E, the lower single C and the EB.
