Volume 101 — Minnesota Reports

Action against the defendant, as administrator of the estate of Peter Y. Moser, deceased, in the district court for Goodhue county to recover $289.51 on a promissory note. The case was tried before Williston, J., who granted a motion to dismiss the case at the conclusion of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appeals.

<p>Appeal by defendants from an order of the municipal court of Minneapolis, Waite, J., overruling their demurrer to the complaint.</p>

Appeal by defendant Peter Thompson from a judgment of the district court for Nobles county, entered pursuant to the findings and order of Quinn, J., acting for the judge of the Thirteenth judicial district.

Defendant was convicted in the district court for Lyon county of the crime of grand larceny in the second degree and upon his request under R. L. 1905, § 5409, the case was certified to the supreme court by Olsen, J.

Appeal by plaintiff from an order of the district court for Rice county, Buckham, J., reversing a judgment of a justice of the peace and dismissing the action.

Action in the district court for Clay county to recover $100.80 for •expenditures on behalf of a pauper. The case was tried before Baxter, J., who found in favor of plaintiff for the amount demanded. From an order denying a motion for judgment notwithstanding the -decision or for a new trial, defendant appealed.

Action in the district court for Morrison county to recover $50 for the killing of plaintiff’s cattle. The case was tried before Baxter, J.y .and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, Dibell, J., defendant appealed.

Action in the district court for Scott county to recover $50.71 for services rendered. The case was tried before Morrison,'J., and a jury, which rendered a verdict in favor of plaintiff for $49.80. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendants from an order of the district court for Redwood county, Webber, J., overruling a demurrer to the complaint.

Appeal by plaintiff from an order of the district court for Goodhue county, Williston, J., opening in part a default judgment and permitting defendant to defend the action on the merits.

Action in the district court for Red Lake county to recover $211.75 for the care and support of a pauper. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $109.64. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendants William H. Adams and Maria L. Adams from an order of the district court for Lake county, Cant, J., granting a motion to dismiss their demand for a second trial.

Action in the district court for Clay county to recover $1,103.12 upon a promissory note. The case was tried before Baxter, J., who, at the conclusion of the testimony, directed a verdict in favor of plaintiff for $1,163.05. From an order denying a motion for a new trial, defendants appealed.

<p>False Representations — Pleading.</p> <p>The counterclaim does not state a cause of action in damages for false representations.</p> <p>Same — Evidence.</p> <p>The evidence is not sufficient to prove that, as an inducement to secure the execution of a lease by respondent, appellant fraudulently represented that a certain road was a public way.</p> <p>Easement.</p> <p>A traveled track, or roadway, running from one to another tract of the lessor’s land, and over the property of another, is not an easement appurtenant to the premises leased.</p>

Appeal by defendant from an order of the district court for Carlton county, Dibell, J., overruling a demurrer to the complaint.

Action in the district court for Clay county recover $5,000 for illness alleged to have resulted from defendant’s failure properly to heat a railway car. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of the plaintiff for $2,000. From an order denying a motion for a new trial, Baxter, J., defendant appealed.

Action in the district court for Crow Wing county by plaintiff as administratrix of the estate of Truman D. Merrill, deceased, to recover $5,000 for the death of decedent. The case was tried before Spooner, J., and a jury, which rendered a verdict in favor of the plaintiff for $2,061.60. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiff from an order of the municipal court of St. Paul, Hanft, J., granting a motion to vacate the judgment and to permit defendant to serve an answer.

Action in the district court for Yellow Medicine county to recover $5,000 for personal injuries. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendant from a judgment of the district court for Swift county entered in favor of plaintiff pursuant to an order of Qvaíe, J., striking out the answer as sham and ordering judgment.

Action in the district court for Jackson county to recover $1,329 for goods sold and delivered. The case was tried before Quinn, J., who, at the conclusion of plaintiff’s testimony, dismissed the action. Trom an order denying a motion for a new trial plaintiff appealed.

Action in the district court for Blue Earth county to recover $2,000 for personal injuries. The case was tried before Eorin Cray, J., who at the conclusion of the testimony directed a verdict in favor of defendant. From an order denying'a motion for a new trial, plaintiff appealed.

Action in the district court for Goodhue county to recover $3,000 for personal injuries sustained by falling into an excavation in a sidewalk. ■ The case was tried before Williston, J., and a jury, which rendered a verdict in favor of the plaintiff against the defendant city for $225. At the conclusion of plaintiff’s testimony, the action against the defendant Isabella Sterling, was dismissed.

Appeal by defendant to the district court for Scott county from a judgment in justice court entered in favor of the plaintiff for $90 and costs. The appeal was tried before Morrison, J., and a jury, which rendered a verdict in favor of plaintiff for $19.28. From the part of the judgment consisting of costs and disbursements taxed in favor of plaintiff, defendant appealed to the supreme court.

Appeal by plaintiff from an order of the district court for Wilkin county, Flaherty, J., sustaining a demurrer to the fourth, fifth, sixth, seventh, eighth, ninth and tenth causes of action alleged in the amended complaint.

Action in the district court for Hennepin county to recover $2,000 upon a beneficiary certificate issued by defendant. The case was tried before Dickinson, J., and a jury, which rendered a verdict in favor of defendant. From an order granting a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $7,913.49 upon an assignment contract. The case was tried before Kelly, J., who found in favor of plaintiffs. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Ramsey county against the St. Paul Furniture Company and others to recover a carload of lumber or $934.24, the value thereof. The case was tried before Hallam, J., who directed a verdict in favor of defendants and that defendant, Haskell G. Fischbein, is entitled to a recovery of the property. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Benton county to recover $75,250 for personal injuries. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $30,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $1,650-with interest for negotiating a contract and for labor in driving logs. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiffs for $1,878.50. From an order denying a motion for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Clearwater county, Spooner, J., denying a motion for a new trial, after a trial and findings in favor of defendants.

Action in the district court for Hennepin county by the administratrix of the estate of Frank E. Johnson, deceased, to recover $5,000 for his death. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendants from an order of the district court for Otter Tail county, Baxter, J., denying a motion to vacate a writ of attachment.

Appeal by plaintiff from a judgment of the district court for Aitkin county entered pursuant to the verdict of the jury as to the value of the logs and the findings of McClenahan, J.

Appeal by plaintiff from a judgment of the district court for Wabasha county entered pursuant to the order of Snow, J., reversing the judgment of the municipal court of Lake City and dismissing the action.

Action in the district court for Goodhue county to recover $2,000 for personal injuries. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. Prom an order granting defendant’s motion for judgment notwithstanding the verdict, .plaintiff appealed.

<p>County Bitci — Bond for Expenses.</p> <p>The obligors upon a bond given under Laws 1901, p. 413, c. 258, to secure the county against liability for expenses incurred in proceedings to establish a drainage ditch in the event that the petition for the ditch is denied, cannot be required to pay such expenses in proportion to the amount of benefit which each would have received, had the ditch been ordered and constructed.</p> <p>Same.</p> <p>Where fiye petitioners for a drainage ditch sign the bond as principals, each is liable to pay one-fifth of the preliminary expenses, regardless of the benefits which it appears from the viewers’ report he would have received, had the ditch been constructed.</p>

Action in the municipal court of Minneapolis to recover $350 for the depreciation in value of a carload of strawberries while transported by defendant. The case was tried before C. R Smith, J., who found in favor of plaintiffs. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Stearns county to recover $10,000 for personal injuries. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of the plaintiff for $2,500. 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 or for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, John Day Smith, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

Petition in the district court for Plennepin county for the appointment of commissioners to condemn certain lands for a right of way. The hearing was held before Simpson, Brooks, John Day Smith, and Fred V. Brown, JJ., who denied the petition. From the order denying the petition, petitioner appealed. The Century Dictionary defines “street railroad” as a railroad constructed upon the surface of a public street in towns and cities.

Appeal by plaintiffs from an order of the district court for Nobles county, Quinn, J., acting in behalf of the judge of the Thirteenth judicial district, denying a motion for a new trial.

<p>Pleading — Answer.</p> <p>It is not necessary affirmatively to plead in defense facts which tend only to contradict the allegations of the complaint. All such facts may be shown under a general denial.</p> <p>Same — Forcible Entry and Detainer.</p> <p>Matters in “excuse, justification, or avoidance,” required by the forcibleentiy statute to be pleaded, are such as constitute “new matter” under the •general practice act.</p> <p>Evidence.</p> <p>Evidence tending to show that the relation of landlord and tenant did not exist between the parties, the s^ame being the basis of the complaint for restitution of the premises, held admissible under defendant’s plea of not guilty in forcible entry proceedings, and to have been- erroneously excluded.</p>

Action in the district- court for Freeborn county to recover $3,000 for personal injuries to plaintiff’s minor child. The case was tried before Kingsley, J., who at the conclusion of plaintiff’s testimony dismissed the action as to all defendants except the village of Alden. Against the village of Alden the jury rendered a verdict for $600. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant village appealed.

From an order of the board of commissioners of Washington county denying a petition for organizing a new school district, John P„ Bloomquist, one of the petitioners, appealed to the district court for Chisago county. The appeal was tried before Crosby, J., and a jury,, which rendered a verdict in favor of petitioner. From an order denying a motion to set aside the verdict and for a new trial, the board of county commissioners appealed.

Action in the district court for Ramsey- county against Ellen M. Gillette to determine adverse claims. Defendant failed to answer or demur, and pursuant to an order of Orr, J., a default judgment was entered in favor of plaintiff. Erom an order of Kelly, J., granting a motion of Emma L. Wallace to vacate the judgment as to a certain provision therein, plaintiff appealed.

Action in the district court for Ramsey county to recover possession of a certain tract of land and $25 damages for the withholding thereof. The case was tried before Orr, J., who found in favor of defendant. Plaintiff paid the costs and a second trial was had before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff. Objections by defendant to the entry of judgment were overruled, and from the judgment entered pursuant to the verdict defendant appealed.

Action in the district court for Polk county to recover $361 for damage to plaintiffs’ crop caused by diverting surface water upon their land. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of the plaintiffs for $150. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Proceeding in the district court for Itasca county to recover $1,015.-29 for personal property taxes delinquent for the year 1906. The case was tried before McClenahan, J., who found in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the findings, defendant appealed.

Proceeding in the district court for Ramsey county to recover $582.-76 for personal property taxes delinquent for the year 1905. The case was tried before Kelly, J., who found in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the findings, defendant appealed.

In the district court for St. Louis county the Minnesota Canal & Power Company filed its petition to condemn certain property. Parts of the petition are quoted in the first opinion.

Action in the district court for Itasca county to have plaintiff decreed the owner of certain premises, and that the legal title of defendant is held by it in trust for plaintiff. The case was tried before Spoon-er, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Action in forcible entry and unlawful detainer in the municipal court ■of St. Paul to recover possession of premises held under a written lease. The case was tried before Planft, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Cottonwood county to foreclose a mortgage and for other relief. The case was tried before P. F. Brown, J., who found that the only relief to which plaintiff was entitled was a judgment against defendant C. R. Hanson for $1,675. From an order denying a motion .for a new trial plaintiff appealed.

Action in the district court for Chisago county to recover $115, and interest, on an alleged contract. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for $116.47. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. The court erred in admitting in evidence, and in refusing to strike out, exhibit A, a carbon copy of the contract. Exhibit A was not the best evidence.

Action in the district court for Becker county to recover $2,100 for personal injuries. The case was tried before Baxter, J., and a jury, which found in favor of plaintiff for $1,000. From an order denying a motion for judgment notwithstanding-the verdict or for a new trial, defendant appealed.

Action in the district court for Wilkin county to restrain defendants, county commissioners and county auditor of that county, from constructing a certain public ditch. A motion to vacate the temporary restraining order and to dismiss the action was heard before Flaherty, ]., who denied the motion and granted a temporary injunction. From an order denying defendants’ motion and the order granting a temporary injunction, defendants appealed.

Appeal by defendant from an order of the district court for Stearns county, Baxter, J., overruling a demurrer to the complaint. This action will not lie for the reason that there is another adequate and exclusive remedy at law provided for the alleged malfeasance in office by the charter of the city of St. Cloud. The charter is contained in Sp. Laws 1889, c. 6.

Action in the district court for Waseca county to recover $166.7? for negligence in failing as clerk of the district court to docket a judgment. The case was tried before Buckham, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for a. new trial, defendant appealed.

Appeal by defendants from an order of the district court for Itasca county, McClenahaU} J., overruling their demurrer to the complaint.

Action in the district court for Blue Earth county to enjoin defendants from interfering with certain real estate in the Village of Lake Crystal. The case was tried before Lorin Cray, J., who found in favor of defendants. Erom an order denying a motion for a new trial, plaintiff appealed.

Appeal by relator from an order of the district court for St. Louis county, Cant, J., discharging a writ of habeas corpus and remanding relator to the custody of respondent as sheriff.

Appeal by relator from an order of the district court for St. Louis ■county, Dibell, J., discharging a writ of habeas corpus and remanding 'relator to the custody of respondent.

Action in the district court for Ramsey county to recover $20,000 for libel. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of the plaintiff for one dollar. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Anoka county, to recover $2,000 for personal injuries. The case was tried before Giddings, J., and a jury, which rendered a verdict in favor of plaintiff for $1,775. From an order denying a motion for a new trial defendant appealed..

Appeal by defendant from an order of the district court for Houston county, Kingsley, J., denying a motion for a new trial. The facts are stated in the opinion.

Action in the district court for Pine county by plaintiff as administrator of the estate of Ole Johnson, deceased, to recover $5,000 for the death of intestate. The case was tried in the district court for Ramsey county before Bunn, J., and a jury, which rendered a verdict in favor •of plaintiff for $1,500. From an order granting a motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in the district court for Clay county to cáncel a note for $1,600' except as to the sum of $625, and to have a mortgage declared a lien, to the amount of $625. The case was tried before Searle, J., who was. incapacitated from making a decision. By stipulation the parties submitted the evidence to Taylor, J., who dismissed the action. From an ■order of Taylor, J., denying a motion for a new trial, plaintiffs appeal-ed.

Defendant was convicted in the district court for Hennepin county of manslaughter in the first degree. From an order of Frederick V~ Brown, J., denying a motion for a new trial, defendant appealed.

Action in the district court for Dakota county to recover $15,150 for personal injuries. The case was tried before' Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for $6,448. 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 $2,500, defendant appealed.

Action in the district court for Wabasha county by plaintiff, as trustee in bankruptcy of defendant Nathan Patton, to set aside a deed of conveyance of certain real estate. The case was tried before Olin B. Lewis, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Ramsey county to recover possession of certain real estate. The case- was tried before Kelly, J., who found in favor of defendants. From orders denying motions for .amending the findings of fact and the conclusions of law and for a new trial, plaintiff appealed.

Appeal by relator from an order of the district court for Itasca county, McClenahan, J., denying an application to file an information in the nature of quo warranto, without the consent of the attorney general, and discharging an order requiring respondents to show cause why leave should not be granted to file an information to test the right of respondents to hold office as members of the board of county commissioners of Koochiching county.

Action of ejectment in the district court for Clay county. The case was tried before Baxter, 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 Red Lake county to foreclose a mechanic’s lien. The case was tried before Watts, J., who struck out the lien statement. The issues were tried before a jury, which rendered a verdict in favor .of defendants. From an order denying a motion'to vacate the verdict and to grant a new trial, plaintiffs appealed.

Action in the district court for Ramsey county to enjoin defendant from placing advertisements in its cars and for $1,000 damages for loss of profits. From an order of Kelly, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for St. Louis county to recover $10,000 for personal injuries. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. Erom an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

From an order of the district court for St. Louis county, Ensign, J., denying a motion for a new trial, defendant appealed. Defendant and appellant was convicted of manslaughter in the first degree. This appeal was taken from an order denying defendant’s motion for a new trial.

Appeal by defendant The J. S. Kearney Company from an order •of the district court for Hennepin county, John Day Smith, J., overruling a demurrer to the complaint.

Action in the district court for Otter Tail county to recover $500 for injuries to plaintiff’s premises. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $100. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $50. The-case was tried before C. D. Smith, J., who, at the conclusion of the testimony, granted a motion for judgment in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial defendant appealed.

Actions in the district court for Ramsey county to foreclose two real-estate mortgages. The actions were tried together before Brill, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant, Elizabeth Germann, appealed..

Action in the district court for Ramsey county to recover $1,000 as commission for making a sale of real estate. The case was tried before Olin B. Lewis, J., who found in favor of defendant. From an order denying a motion to amend the findings of fact and conclusions of law and for a new trial, plaintiffs appealed.

Action in the district court for Ramsey county by plaintiff in behalf of Walter Johnson, an infant, to recover $7,000 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $3,721. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Winona county for an absolute divorce. . The case was tried before Buckham, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $1,144.07 for lumber sold and delivered. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiffs for $1,098.02. From a judgment entered pursuant to the verdict, defendant appealed.

In the matter of a petition for the location of a highway,' A. B. Damon appealed to the district court for Sherburne county from an order of the supervisors of the town of Baldwin establishing a highway. The appeal was heard before Giddings, J., and a jury, which affirmed the order and assessed the damages in the sum of $50.

Action in the district court for Wilkin county to recover $465 for the conversion of grain. No other defendant than the St. Anthony & Dakota Elevator Company answered. The case was tried before Flaherty, J., and a jury, which rendered a verdict in favor of plaintiff for $324.12. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant elevator company appealed.

In the matter of proceedings to enforce the payment of taxes on real estate remaining delinquent on the first Monday in January, 1905, defendant appealed from an order of the district court for Carver county, Morrison, J., denying a motion for a new trial, after findings and order for judgment in favor of plaintiff.

Appeal by defendants from an order of the municipal court of the city of St. Paul, Finehout, J., overruling their demurrers to the complaint, from an order denying a motion for trial by jury, from the order and findings of the court entering judgment against defendants, and from the judgment entered pursuant to the findings, after a trial and conviction of the violation of a city ordinance.

Appeal by defendant from an order of the district court for Hennepin county, Simpson, J., overruling a demurrer to the complaint.

Appeal by defendant from an order of the district court for Le Sueur County, Morrison, J., denying a motion for a new trial, after a trial without a jury and the entry of an order dismissing the case.

Action in the district .court for St. Louis county for $100,000. The •case was tried before Ensign, J., and a jury, which returned a verdict in favor of plaintiff. From the judgment entered upon the verdict, defendant appealed.

Action in the district court for Morrison county to recover $10,800 for personal injuries. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $3,300. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $30,000’ for personal injuries. The case was tried before Hallam, J., and a jury, which rendered a verdict in favor of the plaintiff for $8,000. From an order denying a motion for judgment notwithstanding the-verdict or for a new trial, defendant appealed.

Appeal by plaintiffs from an order of the district court for St. Louis county, Dibell, J., sustaining the separate demurrer of defendant, Republic Iron & Steel Company, to the complaint.

Action in the district court for Carlton county to recover $20,000 for the alienation of her husband’s affection. The case was tried before Ensign^ J., and a jury, which rendered a verdict in favor of the plaintiff for $2,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial defendants appealed.

Action in the district court for Traverse county to recover possession of a quantity of grain. The case was tried before Flaherty, J., who granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $264.41, The case was tried before Waite, J., who found in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the ■ findings and from an order denying a motion for a new trial, defendants appealed.

Writ of quo warranto issued from the district court for Ramsey county, requiring defendants Louis H. Peter, Louis Nash, Henry S. Fairchild and Leonard S. Burres to show by what right they held the office of county commissioners. The relators demurred to the answer made by the respondents and the demurrer was overruled, Kelly, J., who ordered judgment, dismissing and quashing the writ. From the judgment entered pursuant to the order relators appealed.

Action in the district court for Hennepin county by plaintiff, as administratrix of the estate of George C. O’Neil, deceased, to recover $5,000 for his death. The case was tried before John Day Smith, J., who at the conclusion of the testimony, granted a motion to direct' the jury to render a verdict for defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Mille Lacs county to recover $840 upon a promissory note executed by the twelve defendants. The case was tried before Searle, J., who directed the jury to return a verdict in favor of plaintiff. From an order denying a new trial, Taylor, J., defendants appealed.

Action in the district court for Ramsey county to recover $5,000 for personal injuries. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff for $1,150. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for St. Louis county, Ensign, J., denying a motion for a new trial on the ground of newly discovered evidence.

Action in the district court for St. Louis county to recover $560.16 upon a promissory note. The case was tried before Dibell, J., who made findings and ordered judgment in favor of plaintiff for $558.10. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Polk county by a taxpayer of the city of Crookston to restrain the defendants, as members óf the city council of Crookston, from authorizing the letting of a contract to pave .a certain street and the letting of a contract for street sprinkling. From an order sustaining defendants’ demurrer to the complaint, AVatts, J., plaintiff appealed.

Writ of certiorari from the supreme court to the probate court for Hennepin county and Hon. George R. Smith, judge of that court, to review the order of that court, dated January 4, 1907, Harvey, J., determining the value of the estate of John C. Oswald, deceased, and fixing the amount.of the inheritance tax thereon at $33,505.33.

In the matter of proceedings instituted by plaintiff corporation - in the district court for Dodge county to condemn a right of way across-the land of defendant commissioners were appointed, and they appraised his damages at $575. From their award both plaintiff and defendant appealed, and the appeals were tried before Buckham, J., and a jury, which assessed his damages at $1,050. From an order denying-its motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $10,500 for personal injuries. The case was tried before Kelly, J., and a jury, which returned a verdict in favor of plaintiff for $750. Defendant moved for judgment in its favor notwithstanding the verdict, and the motion was denied. From the judgment entered in favor of plaintiff, defendant appealed.

Action in the district court for Hennepin county for $15,000. At the first trial a motion to dismiss as to all defendants save the Blue Grass Band Company was granted, and a verdict iri favor of that company was directed. From an order denying a motion for a new trial, plaintiff appealed to this court and the order was reversed (98 Minn. 87). The second trial was before Brooks, J., who directed the jury to return a verdict for defendant.

Action in the district court for Pine county to recover $5,860 for personal injuries. The facts are stated in the opinion. The case was tried before Crosby, J., who, at the close of plaintiff’s testimony, granted defendants’ motion to dismiss the action. From an order denying a. new trial, plaintiff appealed.

Action in the district court for Hennepin county for a limited divorce. The case was tried before Brooks, J., who made findings in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county by the sheriff of that county to recover $3,398.20 for making copies and serving citations in proceedings to collect delinquent personal property taxes. From an order, Orr, J., sustaining a demurrer to the complaint, defendant appealed.

Action in the district court for Polk county to recover $3,173.13. The facts are stated in the opinion. The case was tried before Watts, J., •who made findings and ordered judgment in favor of plaintiff for the .amount demanded. Defendant’s motion to amend the findings of fact was denied. From the judgment entered pursuant thereto defendant appealed.

Action in the district court for Polk county to recover $11,701.84. The facts are stated in the opinion. The case was tried before Watts, J., who made findings and ordered judgment in favor of plaintiff for $6,361.84, and interest. A motion of defendant to amend the findings of fact was denied. From the judgment of $8,077.32, entered pursuant to such order, both plaintiff and' defendant appealed.

.Action for an unpaid balance of rent of a dwelling house amounting to» $27.50. The case was tried in the district court for Wadena county before Baxter, J., who at the close of plaintiff’s testimony dismissed the ease without prejudice. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant Theodore Kluver from an order of the district court for Nobles county, Quinn, J., acting for the judge of the Thirteenth judicial district, granting a motion for a new trial, after a trial and findings in favor of defendants.

Action in the district court for Ramsey county to recover $5,000. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $2,600. From an order denying a motion to set aside the verdict and for a new trial, defendant appealed.

Appeal by defendant from a judgment of the district court for Wilkin county entered pursuant to a verdict in favor of plaintiff directed by Flaherty, J.

. Action in the district court for Roseau county to recover $1,999 for false imprisonment. The case was tried before Grindeland, J., and a jury which returned a verdict for $500. Prom an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Ramsey county, Olin B. Lewis, J., denying a motion for a new trial, after a trial and findings in favor of the defendants.

Appeal by defendant from a judgment of the district court for Goodhue •county entered pursuant to the verdict directed by Williston, J.

Defendant was convicted in the district court for Lyon county, Webber, J., of the crime of grand larceny in the second degree and appealed from an order of Olsen, J., denying a motion for a new trial.

Action in the district court for Anoka county to recover $1,500 upon an alleged contract of insurance. The case was tried before Giddings, J., who, at the conclusion of plaintiff’s testimony (defendant being allowed to rest for the purpose of making a motion for a directed verdict), directed the jury to return a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Marshall county to recover $125 upon a promissory note. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of defendant. From the judgment entered pursuant to the verdict, plaintiff appealed.

Appeal by plaintiffs from an order of the district court for Mille Lacs county, Qvale, J., denying a motion for a new trial, after a trial before Searle, J., and an order of Baxter, J., pursuant to stipulation, that judgment be entered in favor of defendant without prejudice to relators making a motion for a new trial.

Action in the district court for Blue Earth county to recover a stock of .goods or the value thereof and $300 damages for wrongful detention. The case was tried before Lorin Cray, J., and a jury, which rendered a verdict in favor'Of defendant. From an order’ denying a motion for judgment notwith standing the verdict or for a new trial, plaintiff appealed.

Action in the district court for Polk county to recover $1,510 for personal injuries. The case was tried before Watts, J., who at the conclusion of the testimony directed a verdict in favor of defendant. Prom an order denying a motion for a new trial, plaintiff appealed.

Two actions in the district court for Wright county, to set aside deeds alleged to have been given in fraud of plaintiff and to subject the lands conveyed to the lien of plaintiff’s judgment against Almira Cochran. The eases were tried before Giddings,. J., who made findings in favor of plaintiff in both ■cases. From the judgments entered, defendants appealed.

Action in the municipal court of Minneapolis to recover $294 for damage because of alleged negligence of appellant in the transportation and care of a carload of apples while in its custody as common carrier and warehouseman. There was evidence that the apples were picked from the orchard at Clear Lake, Iowa, on August 12 or 13, 1904, and on the latter day loaded in an ordinary refrigerator car, thoroughly cooled and iced.

Action in the municipal court of Minneapolis to recover $150. The case was tried before Waite, J., who found in favor of plaintiff for $28.88. From an order denying a motion for a new trial plaintiff appealed.

<p>Appeal by defendant from an order of the municipal court of Minneapolis, Waite, J., denying his motion for a new trial.</p>

Action in the district court for Douglas county to recover possession of two certificates of deposit amounting1 to $450 issued to Edward Abrahamson, since deceased, and indorsed by him to the order of plaintiff. By leave of court John C. Nelson, as administrator of the estate of deceased, intervened and claimed ownership of the certificates. No answer was made by defendant.

Information in the district court for Hennepin county for a writ of mandamus to compel defendant railway companies to erect and maintain a bridge over their tracks in Minneapolis. After the former appeal in the case mentioned in the opinion, the defendants amended their answer. At the opening of the trial before Dickinson, J., defendants moved for judgment on the pleadings, and the motion was denied.