Volume 100 — Minnesota Reports

Action in the district court for Ramsey county to recover $5,000 upon an employer’s liability insurance policy.' The case was tried before Brill, J., who directed a verdict in favor of the plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Otter Tail county to recover $3,000 for breach of promise of marriage. The case was tried before Baxter,. J., and a jury, which rendered a verdict-in favor of the plaintiff for $1,500. From an order denying a motion for a new trial, if plaintiff consent to take judgment for $1,000, defendant appealed.

Action in the district court for Hennepin county to recover $15,350 for personal injuries. The case was tried-before Brooks, J., and a jury, which rendered a verdict in favor of the defendant. From orders for judgment and denying a motion for a new trial, plaintiff appealed.

Defendant was convicted in the district court for.. Norman county, Grindeland, J., of the crime stated in the opinion and appealed from the judgment of conviction.

Action in the district court for Beltrami county to r.ecover certain logs or the sum of $1,500, and $100 for their detention. The case was tried before Spooner, J., and a jury, which rendered a verdict in favor of the plaintiff, and placed the value of the logs at $900. From an order granting a motion of the defendant in its favor notwithstanding the verdict, plaintiff appealed.

Appeal by defendant from an order of the district court for Hen-nepin county, Dickinson, J., sustaining a demurrer to the third counterclaim in the answer.

Action in the district court for Otter Tail county to recover $2,000 for procuring against the plaintiff an adjudication of insanity by false ■charges. The case was tried before Baxter, J., who, upon conclusion •of plaintiff’s testimony, granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.

Action by plaintiff, as father of Louis Atlas, a minor, in the district court for Hennepin county to recover $1,999 for personal injuries. The case was tried before Frederick V. Brown, J., who directed » verdict in favor of defendant. From an order denying a motion for' a new trial, plaintiff appealed.

Action in the district court for Stearns county by plaintiff, as administrator of the estate of Alois S. Mattes, deceased, to recover $5,000 for the death of decedent. The case was tried before Searle, J., and a jury, which rendered a verdict in-favor of plaintiff for $1,000. From a judgment entered pursuant to the verdict, defendant appealed.

Separate appeals by defendants Tower Lumber Co., Tower Log & Boom Co., and William Jalley, from an order of the district court for Ramsey county, Olin B. Lewis J., overruling their separate demurrers to the complaint.

Action in the district court for Ramsey county to recover $25,000 for personal injuries. The case was tried before Brill, J., and a jury, which rendered a verdict in favor of plaintiff for $10,500. From an order denying defendant’s motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Red Lake county, Watts, J., dissolving an injunction restraining defendant, as county auditor of Red Lake county, Minnesota, from making an order fixing the time of holding a special election, pending the entry of final judgment.

Action in the district court for Itasca county to recover $500 for the destruction of a building and the removal of certain personal property. The case was tried before Spooner, J., who found in favor of plaintiff for $145. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Ramsey county to recover $2,500, for personal injuries. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of the plaintiff for $923.75. From an order granting a motion for judgment in favor of the defendant notwithstanding the verdict, plaintiff appealed.

Defendant was convicted in the district court for Itasca county of the crime set- forth in the opinion and sentenced to confinement in the state prison at hard labor for thirty months. From the judgment of conviction and sentence, and from an order of Spooner, J., denying a new trial, defendant appealed.

Order of the supreme court directing the defendants to show cause why they should not be required to file a new supersedeas bond in their appeal from an order of the district court for Stearns county, Baxter, J., granting a motion for a temporary injunction.

Order issued from the supreme court upon the accusation and petition of Eli Southworth, as secretary of the state board of examiners in law, requiring defendant, an attorney at law, to show cause why he should not be disbarred for professional misconduct.

Separate appeals by defendant Northern Pacific Railway Company, and defendants David Wilson and Joseph Julien, from an order of the district, court for Hennepin county, Dickinson, J., overruling their separate demurrers to the complaint.

Appeal by defendants from a judgment of the district court for Sibley county, entered pursuant to the findings and order of Morrison, J.

Action in the district court for Ramsey county to recover $1,000 upon defendant’s benefit certificate. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of the plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. Affirmed.

Action in the district court for Steele county to recover $500 alleged to have been’ retained by defendánts out of plaintiff’s share of the proceeds of the sale of. certain lands. The case was tried before Buckham, who found in favor of the plaintiff for $39.22. From a judgment entered pursuant to the findings and order, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $450 for the depreciation in value of a car of strawberries while in the possession of defendant as a common carrier. The case was tried before C. L,. Smith, J., who found in favor of plaintiffs in the sum of $349.16. From an order denying a motion for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for St. Louis county, Cant, J., denying a motion for a new trial, after a trial .and conviction of grand larceny.

Action in the district court for Blue Earth county to recover $610 for goods sold and delivered. The answer admitted the sale and delivery of the goods, and alleged that plaintiff had not complied with the statutes mentioned in the opinion. The case was tried before Eorin Cray, J., who directed a verdict in favor of plaintiff. From an order denying a new trial, defendants appealed.

Action in the district court for Pine- county to' recover possession of a certain tract of land. The case was tried before Crosby, J., who, at the close of plaintiff’s testimony, dismissed the action. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Meeker county to recover $1,000 upon a certificate issued by the defendant. ■ The case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. Prom an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to determine adverse claims to the land described in the opinion. The case was tried before Holt, J., who found in favor of plaintiff. From an order ■denying a motion for a new trial, defendant C. S. Dever appealed.

Action in the district court for Itasca county to recover $124 for board and lodging furnished defendant. The case was tried before McClenahan, J., who directed a verdict in favor of plaintiff.' From an order granting a motion for a new trial, plaintiff appealed.

Action in the district court for Blue Earth county to enjoin defendant _ from maintaining a building on an alley. The case was tried before Eorin Cray, J.j who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Kandiyohi county to recover $15,000' for personal injuries. The case was tried before Qvale, J., who, at the conclusion of plaintiff's testimony, granted a motion for dismissal. From an order denying a motion for a new. trial, plaintiff appealed.

Action in the district court for Polk county to recover $301.81 for goods sold. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of defendant Cameron Anderson, defendant Kenneth C. Hunter having defaulted. From an order denying a motion to set aside the verdlict and for a new trial, plaintiff appealed.

Action in the district court for Morrison county to recover $209.88 •on the bond of plaintiff’s treasurer. The case was tried before Searle, J., who made findings and ordered judgment in favor of defendants. From the judgment entered pursuant to the findings, plaintiff appealed.

<p>Appeal by defendant from an order of the district court for Ramsey county, Brill, J., denying a motion for a new trial.</p>

Appeal by plaintiff from an order of the district court for Hennepin .county, Dickinson, J., overruling a demurrer to the answer.

Appeal by the relator from an order of the district court for Henne-pin county, Holt, J., overruling a demurrer to the answer.

From an award of damages in condemnation proceedings by defendant board for the taking of certain land, plaintiff appealed to the district court for Winona county. The matter was tried before Snow, J., and a jury, which awarded her $300. From an order denying a motion-for a new trial, plaintiff appealed.

The defendant was indicted for publishing an account of an execution.

Action in the district court for St. Louis county to recover $7,500 for a breach of contract. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiff for $623.40. From a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Dodge county to subject certain» land owned by one defendant to the lien of a judgment against her husband. The case was tried before Buckham, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant Adelia Daniels appealed.

Writ of certiorari from the supreme court upon relation of William D. Hale, Frank M. Prince and Parle Brown, as executors of the estate of John Martin, deceased, and William D. Hale and Frank M. Prince, as trustees in trust of said estate, and Parle Brown individually, to review an order of the probate court of Hennepin county, Harvey, J., levying an inheritance tax on the trustees under the will of decedent.

Appeals by both proponent and contestants of the will of Anton Sperl, deceased, from an order of the district court for Brown-county, Webber, J., denying a motion for judgment notwithstanding the verdict, and granting a motion for a new trial.

Action in the district court for Ramsey county to recover $10,000 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff' for $4,610. From an order denying- a motion for judgment notwithstanding the verdict and granting a motion for a new trial unless plaintiff should consent to a reduction of the verdict to $3,500, defendant appealed.

Action in the district court for Hennepin county to enjoin the defendants from obtaining, using or disseminating plaintiff’s quotations. The case was tried upon, a stipulation of facts before Holt, J., who-made findings of fact and as conclusion of law found plaintiff was entitled to a permanent injunction against defendants. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for St. Louis county to restrain defendants from entering upon certain land and constructing or operating a railroad thereon. The case was tried upon an agreed statement of facts before Dibell, J., who ordered judgment in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover possession of a strip of land and $500 for detention thereof. The case was-tried béfore Holt, J., who found that plaintiff was entitled to possession and $5, the value of the rents and profits. From an order denying; a motion to modify the conclusions of law and for a new trial, defendant, George R. Rockwood, appealed.

Action in the district court for Ramsey county to recover $5,000' for personal injuries and $5,000 for wrongfully preventing plaintiff from obtaining employment with the Union Depot Company. The case was tried before Hallam, J., and a jury, which rendered a verdict in favor of the plaintiff on the first cause of action for $906. At the conclusion of plaintiff’s testimony, the second cause of action was dismissed.

Action in the district court for Stearns county to recover $30,000 for personal injuries. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff for $12,500. From an order of Dibell, J., acting in place of a judge of the Seventh judicial district, denying a motion'for judgment notwithstanding the verdict but granting a new trial unless plaintiff should consent to a reduction of the verdict to $9,000, defendant appealed.

Action in the district court for Polk county to be subrogated to the rights of defendant, E. Ellington, in a certain real-estate mortgage and to foreclose the same. The case was tried before Watts, J., who found in favor of plaintiffs. From an order denying a motion to vacate findings and for a new trial, defendants appealed.

Action in the district court for Hennepin county by plaintiff, as administratrix of the estate of John Quinn, deceased, to recover $5,000 for the death of her intestate. The case was tried before Simpson, J., who, upon the conclusion of plaintiff’s testimony, granted defendant’s motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant from an order of the municipal court of St. Paul, Hanft, J., denying a motion for a new trial, after a trial and conviction of practicing as a pharmacist without a license.

Appeal by plaintiff from an order of the district court for Hennepin county, John Day Smith, J., sustaining a demurrer to the amended supplemental complaint.

Action in the district court for Winona county to recover $500 for the destruction of shade trees by the escape of gas from the mains of defendant. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $787.04, with interest, for the destruction by fire of four trunks. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of the plaintiffs for $810.65. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Faribault county by plaintiff, as administrator of the estate of John Staloch, deceased, to recover $5,000 for death by wrongful act. The case was tried before Quinn, J., and a jury which rendered a verdict in favor of the plaintiff for $1,000. From a judgment entered pursuant to the verdict, defendants appealed.

Action in the district court for Ramsey county against a notary public and the sureties on his official bond to recover $1,500 for his failure properly to take and certify the acknowledgment of execution of a mortgage. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of the plaintiff for $1,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appeal.

Appeal by plaintiff from a judgment of the district court for Meeker county, entered pursuant to an order of Powers, J., granting a motion for judgment on -the pleadings. The complaint alleged the following facts: The defendants and respondents were copartners in the general hardware business, and kept for sale and sold guns, ammunition, rifles, cartridges, and other articles of a similar nature.

Action in the district court for Watonwan county to recover $5,000 for personal injuries. The case was tried before Rorin Cray, J., who, at the conclusion of plaintiff’s testimony, dismissed the action. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $35,000 for personal injuries. The case was tried before Brill, J., and a jury, which rendered a verdict in favor of the plaintiff for $3,000. From a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for St. Louis county to recover $15,000 for personal injuries. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiff for $500. From a judgment entered pursuant to the verdict, defendant appealed.

Appeal by plaintiff from an order of the district court for Renville county, Powers, J., denying a motion for a new trial, after a trial and findings in favor of the defendants as stated in the opinion.

Appeal by defendant, as administrator of the estate of Jessie E. Brown, deceased, from a judgment of the district court for Itasca county, entered pursuant to the findings and order of Spooner, J. Things in action in which the donor himself is the debtor party, cannot be the subject-matter of a valid gift. 3 Pomeroy, Eq. § 1148. An unaccepted check drawn in the ordinary form does not of itself operate as an assignment, though supported by a consideration. 2 Am. & Eng. Enc.

Action in the district court for St. Louis county to. recover $20,410 for personal injuries. The case was tried before Dibell, J., and a jury, which rendered a verdict in favór of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant Powers-SimpsoniCompany appealed.

Appeal by defendants, as the board of water commissioners of the city of St. Paul, from a judgment of the district court for Ramsey county entered pursuant to the findings and order of Brill, J. A municipality which supplies its inhabitants with water does so in the capacity of a private corporation, and not in the exercise of the power of local sovereignty. 30 Am. & Eng. Enc. (2d Ed.) 404; 1 Dillon, Mun.

• Order issued by the supreme court upon relation of James Jarvis, restraining respondents, as alderman of East Grand Forks, as members of the city council and as mayor, from hearing or determining an election contest and requiring them to show cause why a writ of prohibition should not issue.

In proceedings in the district court for Itasca county for the enforcement of real estate taxes delinquent on the first Monday in January, 1904, defendant interposed an answer in which it alleged that the land in question on May 1, 1902, and up to and including May 5, 1903, was the property of the United States, and in consequence was exempt from taxation. The case was .tried before McClenahan, J., who found in favor of defendant.

Appeal by plaintiff from an order of the district court for St. Louis county, Dibell, J., sustaining a demurrer to the complaint.

Action in tbe district court for Mower county to recover $20,000 for personal injuries. The case was tried before Olin B. Lewis, J., presiding in place of Kingsle)^ J., and a jury, which rendered a verdict in favor of the plaintiff for $3,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendants E. I. Dupont Co. and F. D. Orr from an order ■of the district court for St. Louis county, Cant, J.; denying a motion for judgment or for a new trial, after a trial and findings in favor of plaintiffs. ' On' July 6, 1904, the respondents and plaintiffs, man and wife, were divorced by a decree of the district court of St. Louis county, awarding the wife judgment of alimony against the defendant in the sum of $659.81, which by decree of the court was made a…

Action in the district court for Ramsey county to recover $1,500 upon a fire insurance policy. The case was tried before Brill, J., and a. jury, which rendered a verdict in favor of Tremont National Bank, one of the plaintiffs, for $737.90, in favor of John S. Sepp, another •of the plaintiffs, for $803.60, and in favor of the defendant against Ernst E. Moore. From an order denying a motion for a judgment notwithstanding the verdict or for a new trial, defendant appealed.

In the matter of the estate of Thomas T. Hayden, deceased, respondents appealed from the final decree of the probate court of Wi-nona county to the district court for Winona county. The appeal •was tried before Snow, J., who found in favor of respondents. From a judgment entered pursuant to the findings, R. T. Lamberton, as administrator, and Julia Nicol appealed.

Action in the district court for Otter Tail county to enjoin defendants from constructing certain covers or blinds, from hunting or shooting ducks or other water fowl therefrom, and from shooting over or across plaintiff’s land. The case was tried before Baxter, J., who found in favor of the defendants.' From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $1,500 with interest upon a fire insurance policy. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of' the plaintiffs for $1,559. From an order denying plaintiffs’ motion for judgment notwithstanding the verdict and granting defendant’s motion for a new trial, plaintiffs appealed.

Appeal by defendant from an order of the district court for Hen-nepin county, Brooks, J., denying a motion for a new trial, after a trial and conviction of grand larceny in the first degree. During the assistant county attorney’s closing address to the jury (see syllabus), objections were taken to certain things said by him.

Two actions in the district court for Wright county, one by Elizabeth Courtney to recover $10,000 for personal injuries, and the other by Henry C. Courtney to recover $4,950 for loss of his wife’s services. They were tried before Giddings, ’J., and a jury, which rendered a verdict in favor of the plaintiffs for $1,400 and $400, respectively. From an order denying a motion for judgment notwithstanding the verdicts or for a new trial, defendant appealed. .

Appeal by defendant from an order of the district court for Ramsey county, Olin B. Lewis, J., overruling demurrers to the com: plaint and to the separate causes of action therein stated. Laws 1899, c. 272, constituted no part of defendant’s alleged “contract” as a stockholder. The fact is that statute was not enacted until long after the last issue of stock had been made by said bank to defendant. Does the remedy, in point of fact, constitute any part of the contract at all?

Action in the district court for Ramsey county for a permanent-injunction restraining defendant from taking any action in connection with the plans relating to its proposed issue of capital stock, until defendant shall have made due application to the railroad and warehouse-commission of the state of Minnesota and procured its consent to-such stock issue after a public hearing as by law provided, and for a. temporary injunction pendente lite.

Appeal by plaintiff from an order of the district court for Polk county, Watts, J., denying a motion to set aside an order granting a motion for judgment in favor of defendant on the pleadings, and also denying a motion for a new trial. The complaint in this action substantially alleged: Plaintiff and appellant is the owner and in possession of certain lots upon which there is an artesian well, from which plaintiff gets water for domestic and other purposes.

Appeal by defendant, as insurance' commissioner of the state 'Sf Minnesota, from a judgment of the district court for Ramsey county entered pursuant to the findings and order of Kelly, J.

Order from the supreme court upon relation of Edward T. Young, attorney general, requiring Hascal R. Brill, William Louis Kelly, Olin B. Lewis, George L. Bunn, Grier Orr and Oscar Hallam, as judges of the Second judicial district of the state of Minnesota, to show cause why a peremptory writ of mandamus should not be issued commanding them to appoint a member of the board of control of Ramsey county.

Action in the district court'for Hennepin county to recover upon a fire insurance policy. The case was tried before Holt, J., who found in favor of the plaintiff for $1,673.01. From an order denying a motion for a new trial, defendant appealed.

. Action in the district court for Oass county to recover $3,000 for personal' injuries sustained in falling through a sidewalk in defendant '-village. The case was tried before Spooner, J., and a jury, which rendered a verdict of $750 in favor of plaintiff. From an order denying motions for judgment in favor of defendant notwithstanding the verdict and for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Ramsey county, HaHam, J., denying a motion for a new trial, after a trial and a directed verdict in favor of the defendant.

Appeal by plaintiff from an order of the district court for Redwoo® county, Webber, J., denying a motion for a new trial.

Action in the district court for Ramsey county to recover $5,222 for personal injuries resulting from an alleged defective sidewalk. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of the-plaintiff for $3,305.25. Prom an order denying a motion for judgment notwithstanding the verdict, defendant appealed.

Appeal by defendant from an order of the district court for Polk county, Watts, J., denying a motion for a new trial, after a directed verdict in favor Of the plaintiff.

Action in the district court for Yellow Medicine county to recover $2,500 for an alleged assault. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of the plaintiff for $1,250. Prom an order vacating the verdict and granting a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $985.57 upon a policy of fire insurance. The ease was submitted to Kelly, J., upon a paper-book record of the case used in a former appeal, who found in favor of plaintiff for the sum demanded. Prom his order denying a motion for a new trial and for changes in the amendments of findings and additional findings, defendant appealed.

Appeal by plaintiff from a judgment of the district court for Sherburne county, entered pursuant to the findings and order of (biddings, J.

Appeal by plaintiff from a judgment of the district court for Winona county dismissing the action upon the merits, entered pursuant to an order of Snow, J.

Action in the district court for Goodhue county to recover $678.85, the amount of injury occasioned certain household goods belonging to plaintiff by the bursting of defendant’s reservoir and the escape of water therefrom. The case was tried before Williston, J., and a jury which returned a verdict for defendant. From an order denying a new trial, plaintiff appealed.

Action in the district court for Ramsey county by plaintiff as receiver of the Germania Bank to recover $3,500 from defendant upon his liability as stockholder therein. The case was tried before Olin B. Lewis, J., who found in favor of plaintiff for $2,250, and interest. From an order denying a motion for a new trial, defendant appealed.

Appeal by defendant from a judgment of the municipal court of Minneapolis, entered pursuant to the findings and order of Waite, J.