Volume 102 — Minnesota Reports

Action in the district court for Stearns county to recover $200, the price of goods delivered to defendant upon her written order. The case was tried before Baxter, J., who when plaintiffs rested dismissed the case. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Ramsey county by the administrator of the estate of Arthur Smith, deceased, against the Twin City Rapid Transit Company, the St. Paul Railway Company and R. W. Moon to recover $5,000 for the death of his intestate. There was no appearance on behalf of defendant Moon.

The probate court for Washington county having allowed the claim of John Ogren against the estate of Alex Johnson, deceased, an appeal was taken to the district court for that county, and was tried before Crosby, J., who made findings and ordered judgment against the estate in the sum of $1,357.44, with interest from April 11, 1900. From the judgment entered pursuant thereto, the administratrix of the estate appealed.

Action in the district court for Ramsey county to restrain defendant from revoking or cancelling the license issued by him as insurance commissioner of the state of Minnesota to plaintiff to transact business in the state as a fraternal beneficiary association. Defendant demurred to the complaint. From an order, Bunn, J., sustaining the demurrer, plaintiff appealed.

Pursuant to stipulation signed by plaintiff in person and the vice president of defendant company, an order of dismissal of an action then pending in the district court for St. Louis county for the recovery of $30,000 for the use and benefit of plaintiff’s minor son for personal injuries suffered by the minor, was signed by one of the judges thereof. Pursuant to such order, judgment of dismissal without costs to either party was entered on August 22, 1906.

Action in the district court for Ramsey county to recover $3,906.66, the unpaid balance of a sum equal to four per cent, on the gross earnings of defendant’s railroad for the year 1905. Plaintiff demurred to the answer, and from the order, Hallam, J., sustaining the demurrer, defendant appealed. Affirmed.

Action in the district court for Hennepin county to recover upon a life insurance policy. The case was tried before Holt, J., and a jury which rendered a verdict for $2,042 in favor of plaintiff. Trom an order denying a motion to set aside the verdict and for a new trial, defendant appealed. This was an action to recover the sum of $2,000 under a policy of insurance held by the deceased husband of plaintiff and respondent in appellant and defendant company.

Action in the district court for Ramsey county to recover $1,950 damages for personal injuries sustained by plaintiff while in the employ of defendant road. The case was tried before Bunn, J., and a jury which returned a verdict of $500 in favor of plaintiff. From an order denying a motion for judgment notwithstanding, the verdict or for a new trial, defendant appealed.

In proceedings in the district court for Hennepin county to collect delinquent personal property taxes for the year 1904-, defendant company interposed an answer. The matter was tried before Simpson, J., who made findings of fact and ordered judgment against it in the sum of $8,518.73. From an order denying its motion to set aside the decision and grant a new trial, defendant appealed.

Action in the district court for Dakota county to recover possession of a certain tract of land. The case was tried before Crosby, J., who directed the jury to render a verdict for defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Carlton county to recover upon a life insurance policy. The case was tried before Dibell, J., and a jury which rendered a verdict for $1,241 in favor of 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 Pine county to recover $9,500 damages for the nonperformance of a contract. The case was tried before Crosby, J., and a jury which rendered a verdict in behalf of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Sherburne county to recover $125. Plaintiff’s trustee in bankruptcy intervened and claimed to be entitled to any judgment recovered. The case was tried before Giddings, J., and a jury, which rendered a verdict for $100 in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Watonwan county to recover upon a promissory note. The case was tried before Eorin Cray, J., and a jury which rendered a verdict for $132.18 in favor of plaintiff. From an order denying- a motion for a new trial, defendant appealed.

Action in the district court for Norman county to recover $5,000 for personal injuries. The case was tried before Grindeland, J., and a jury which rendered a verdict for $3,000 in favor of 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 Ramsey county against the Great Northern Railway Company and the Chicago, St. Paul, Minneapolis & Omaha Railway Company to recover $25,000 for personal injuries. The case was tried before Hallam, J., who granted a motion of the Great Northern Company to direct a verdict in its favor, and a jury which returned a verdict for $15,000, against the Omaha Company.

Action in the district court for St. Louis county to recover the sum of $24,800 for personal.injuries. From an order overruling a demurrer to the complaint, Dibell, J., defendant appealed.

Action in the district court for Anoka county, to recover $466.67 on a promissory note. The case was' tried before Giddings, J., and a jury which rendered a verdict in behalf of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Fillmore county to recover upon a promissory note. The case was tried before Kingsley, J., and a jury which rendered a verdict in favor of defendant. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Faribault county to recover $2,000. The case was tried before Quinn, J., and a jury which rendered a verdict 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.

Writ of quo warranto from the supreme court on relation of John D. Brady, to oust William J. Bates from the office of sheriff of St. Louis county because of alleged violations of the corrupt practices act (Laws 189.5, p. 664, c. 377). This is a proceeding on the part of the relator to oust the respondent from the office of sheriff of St. Louis county because of alleged violations of the corrupt practices act.

Appeal by plaintiff from an order of the district court for Hennepin county, Simpson, J., sustaining defendants’ demurrer to the complaint.

Action in the district court for Grant county begun by the guardian: of Ole T. Fagerberg, an insane person. After the death of the ward,. Thore F. Dybdal was appointed administrator of his estate and substituted as plaintiff in the action, which was to recover the sum of $2,600.

Appeal by plaintiff from an order of the district court for Hennepin county, Dickinson, J., overruling his demurrer to defendant’s counterclaim.

Action in replevin in the district court for Ramsey county to recover a quantity of liquors or $574.83, the value thereof, in case recovery could not be had. The case was tried before Olin B. Uewis, J., and a jury which rendered a verdict in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $1,678.--75 damages for injury to three hundred seventy five boxes of lemons. The case was tried before Holt, J., and a jury which returned a verdict in favor of plaintiff for the sum of $1,024.81. From 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 recover $1,080 for the conversion of a carload of wheat. The facts were stipulated and the court, Holt, J., ordered judgment in favor of plaintiff for $1,000. Defendant’s motion to amend the findings of fact was denied. From an order denying a motion for judgment notwithstanding the verdict and decision or for a new trial, defendant appealed. This was an action to recover damages for the conversion of a carload of wheat.

Separate actions in the district court for St. Louis county to recover $1,999.90 for personal injuries. The eases were tried together before Cant, J., and a jury which rendered verdicts in favor of plaintiffs for the sum demanded. From orders denying motions for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover possession of certain merchandise. The case was tried before Dickinson, J., and a jury which found a verdict for plaintiff in the sum of $20,000. From an order denying an alternative motion for judgment notwithstanding the verdict or for a new trial, defendant Lund appealed. From an order granting a new trial unless plaintiff consented to a reduction of the verdict to $9,625, plaintiff appealed.

Action in the district court for Rice county for conversion. The case was tried before Buckham, J., who made findings and ordered that the case be dismissed on the merits. From an order denying a motion for a new trial plaintiff appealed.

Action in the district court for Hennepin county to recover $2,500 upon an accident insurance policy. The case was tried before Dickinson, J., who found in favor of plaintiff for the sum of $1,275. Prom an order denying a motion, to amend the conclusions of law to correspond with the findings of fact and denying a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $598.34, the value of two carloads of sewer pipe. Defendant Donnelly died before the trial of the action. The case was tried before Orr, J., who made findings of fact and ordered judgment against the defendant Schroeder in the sum of $384.59. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to foreclose a mechanic’s lien. The case was tried before Olin B. Lewis, J., who found that plaintiffs were entitled to a lien in the sum of $109 and ordered a sale of the premises to satisfy the lien. From an order denying a motion to amend the findings, and for judgment notwithstanding the findings, or for a new trial, plaintiffs appealed.

In an action in the district court for Ramsey county by the state on the relation of W. B. Douglas, Attorney General, against the insolvent Savings Bank of St. Paul, A. C. Smith, assignee of diverse depositors and creditors of the bank, filed his petition praying that the receiver be directed to offer for sale the charter of the bank as described in the petition. The case was tried before Kelly, J., who denied the prayer and dismissed the petition.

Application to the district court for Ramsey county to register title to certain real estate. The matter was heard by Kelly, J., who found that applicant was entitled to findings in her favor on condition that she paid all taxes due to the state. From an order deling a motion for a new trial, applicant appealed.

Action in the district court for Ramsey county for the refundment by defendant city of $3,565.54, the value of certain assessment certificates. The case was tried before Kelly, J., who found in favor of defendant. From a judgment for the sum of $11.50 costs and from the whole of the judgment, plaintiff appealed.

Action in the district court for Ramsey county to recover $2,967.55 against the principal and sureties upon the bond described in the opinion. The case was tried before Kelly, J., who ordered judgment in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendants Ulmer, Warner, and Wagener severally appealed.

Action in the municipal court of St. Paul to recover $60 upon a certificate of insurance. From an order, Hanft, J., vacating and setting aside a judgment entered by default, plaintiff appealed.

Action in the district court for Dakota county to recover $570 upon a contract of employment. The case was tried before Crosby, J., and a jury which found in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover a commission for services' in making a sale of real estate. The case was tried before Waite, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county for divorce. The case was tried before Dickinson, J., who found that defendant was entitled to judgment that the action be dismissed. From an order denying a motion for a new trial, plaintiff appealed.

Action in justice court in the city of Moorhead for forcible entry and unlawful detainer. At the time of hearing the motion for change of venue, as mentioned in the opinion, was made and denied. From the judgment of dismissal the plaintiff appealed to the district court for ■Clay county. The appeal was dismissed, Baxter, J. From the judgment of dismissal, plaintiff appealed. Reversed and remanded.

Action in the district court for Goodhue county to recover $3,000 for personal injuries sustained by plaintiff while in the employ of defendant. The case was tried before Holt, J., and a jury, which returned a verdict in favor of plaintiff for $711. From an order denying a motion to set aside the verdict and for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Carver county to restrain defendant from obstructing the outlet of a certain lake and for damages. From an order, Morrison, J., denying a motion to vacate and set aside the judgment and extending the time within which defendant might settle a case and move for a new trial, defendant appealed.

Action in the district court for Cottonwood county upon a foreign judgment for $367.81. From an order, P. E. Brown, J., overruling a demurrer to the complaint, defendants appealed.

Action in the district court for Hennepin county to recover $1,000 for injury to horses while in the custody of defendant as a common carrier. The case was tried before Holt, J., and a jury which returned a verdict in favor of plaintiff for $367.50. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Itasca county to determine adverse claims to certain timber lands. From an order granting plaintiffs’ motions to strike out the answer as false, frivolous and sham, defendant appealed.

Action in the district court for Meeker county to determine adverse claims to real estate. The case was tried before Powers, J., who made findings of fact and as conclusion of law found that defendant was the owner of the land subject to plaintiff’s right of redemption. From the judgment entered in pursuance of the findings, plaintiff appealed.

Action in the district court for Hennepin county to recover $4,000 for the breach of a contract. The report on the former appeal will be found in 98 Minn. 170. From an order, F. V. Brown, J., granting plaintiff’s motion to amend and supplement his amended complaint and for a new trial upon the framing of such issues as should be made upon such amended complaint, defendant appealed.

In proceedings in the probate court for Washington county to administer the estate of David Tozer, deceased, the state auditor appeared and applied for an order of court fixing a time and place for hearing testimony concerning the value of the estate of the deceased and the value of the inheritances arising out of the same, and for a citation to each of the heirs directing them to appear and testify at such hearing, in order to determine the proper amount of the inheritance…

Action in the district court for Goodhue county to recover $80 damages for the killing of two cows. The case was tried before Williston, J., who directed the jury to find a verdict in favor of defendant. From an order denying his motion to set aside the verdict and for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,000 damages for the forcible removal of plaintiff from defendant’s car. The case was tried before Holt, J., and a jury which returned a verdict for plaintiff for $150. From an order denying its motion for a new trial, provided plaintiff would consent to a reduction of the verdict to $100, defendant appealed.

Action in the district court for Washington county to recover for the support of plaintiff and her minor child, for judgment giving her absolute control of her separate property with power of alienation and debarring defendant from any right in her property. The case was tried before Williston, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered thereon, defendant appealed.

Action in the district court for Hennepin county to have the assignment of a certain mortgage cancelled and set aside, and to set aside foreclosure proceedings based thereon. The case was tried before Holt, J., who made findings of fact and as conclusion of law found that plaintiff was entitled to the relief prayed- for. From an order denying his motion for a new trial, Edward J. Dennison appealed.

In an action brought in the district court for Hennepin county, plaintiff had a verdict, and defendant appealed to this court from an order denying a new trial. The cause having been remanded, judgment was entered for $2,151. A settlement of the case was made between plaintiff and defendant without the knowledge of his attorney, Frank D. Tar rabee, to whom plaintiff had agreed to pay one third of the. amount of the verdict.

Action in the district court for Ramsey county to recover $5,120. The facts are stated in the opinion. The case was tried before Orr, J., and a jury which rendered a verdict in favor of plaintiffs for $3,-881.69. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

A petition of certain residents of the town of Tyrone, to the board of supervisors for the laying out and establishing a highway was-granted. The board awarded to defendant $150 as damages for his land taken for the highway which amount was paid to him. This action was brought in the district court for Le Sueur county by the board of supervisors to recover the money so paid on the ground that the proceedings before the town board were void for want of jurisdiction.

Action in the district court for Isanti county by the administrator and heirs at law of Olof Lindquist, deceased, to recover possession of a certain tract of land, $250 for use and occupation thereof, and for the cancellation of a certain instrument or deed from said intestate to the defendant. The complaint alleged there was no legal or valid consideration paid or given by the defendant to said Lindquist.

Action in the district court for St. Louis county by Hilma Granrus, as administratrix of the estate of Charles Granrus, deceased, to recover $5,000 for his death. The case was tried before Ensign, J., and a jury which found a verdict in favor of plaintiff for $2,400. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Waseca county to recover $2,600 for apparatus and machinery shipped to and received by the defendant. The case was tried before Buckham, J., who dismissed the action as to defendant City of Waseca and directed a verdict for $2,500 and interest against defendant Water and Light Board of the City of Waseca. From an order denying its motion for a new trial, defendant Water and Light Board of the City of Waseca appealed.

Action in the district court for Hennepin county to recover $4,377.60 damages for failure to perform the conditions of two certain contracts. From an order, John Day Smith, J., overruling defendants’ demurrer to the complaint, defendant Selover, Bates & Company appealed.

Action in the'district court for Itasca county. The history of the-case is stated in the opinion. After the decision of the former appeal (96 Minn. 27) an order to show cause why the final decree should not be amended by striking out certain descriptions of real estate was; discharged. From the order, McClenahan, J., discharging the order to show cause, defendants appealed.

Upon information of the attorney general the supreme court issued its writ of quo warranto directed to the Village of Harris and the officers of said village. To their answer the state demurred.

Action in the district court for Morrison county for absolute divorce on the ground of desertion. From an order, Baxter, J., denying her motion to vacate the order for judgment, defendant appealed.

Action in the district court for Cass county to recover $10,000 for personal injuries. The case was tried before McClenahan, J., and a jury which found a verdict in favor of plaintiff for $4,000. From an order denying a motion for a new trial unless plaintiff consent to a reduction of the verdict to $3,000, defendants appealed.

Action in the district court for Washington county to recover possession of a certain tract of land. The case was tried before Willis-ton, J., who made findings and ordered judgment in favor of defendant for the possession of the land and in favor of plaintiffs for the sum of $254.42. From that part of the judgment granting plaintiffs a lien on the land for the sum named and from the sale of the land to satisfy the lien and from the amended judgment, defendant appealed.

Action in the district court for Polk county to recover $10,000 for •personal injuries sustained by plaintiff while acting i'n the capacity of car repairer for defendant. The case was tried before Watts, J., and a jury which found a verdict in favor of plaintiff for $350. From the judgment entered pursuant to the verdict, defendant appealed.

Action ,in the district court for Morrison county to recover $2,000 damages to plaintiff’s property caused by establishing a grade in one of the streets of the city of Little Falls abutting plaintiff’s property. The case was tried before Baxter, J., and a jury which found a verdict in favor of plaintiff for $851.33. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for McLeod county to recover $5,543 damages for personal injuries sustained by plaintiff, a minor, while in defendant’s employ as a teamster. From an order, Morrison, J., overruling defendants’ demurrer to plaintiff’s complaint, defendants appealed.

Action in the district court for Dakota county to recover $635 on a promissory note. The case was tried before Crosby, J., who directed a verdict in favor of plaintiff for $768.35. From an order denying their motion for a new trial, the defendants, except William J. Dunn and Charles D. Niemeyer, appealed.

Action in the district court for Clay county to recover $125.40 upon a promissory note. The case was tried before Baxter, J., and a jury which rendered a verdict in favor of plaintiff for $136, which pursuant to stipulation was reduced to $128.30. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $10,000 damages for personal injuries. The case was tried before Olin B. T-ewis, J., who directed a verdict in favor of defendant. From an order granting plaintiff’s motion to set aside the verdict and for a new trial, defendant appealed.

Action in the district court for Hennepin county to determine adverse claims to certain vacant and unoccupied land. The case was ' tried before F. V. Brown, J., who ordered judgment in favor of plaintiff. From an order, John Day Smith, J., vacating and setting aside the judgment and permitting Clarence H. Woods and Grace Eaton Woods to appear and defend the action, in place of the unknown heirs •of H. C. Woods, plaintiff appealed.

Action in the district court for Mower county to recover $1,000 for personal injuries. alleged to have been caused by the negligent driving of defendant’s automobile. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $750. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county. The case was tried before Frederick V. Brown, J., who granted a motion to dismiss the action. From an order denying his motion for a new trial,, plaintiff appealed.

Action in the district court for Beltrami count}' to recover $1,99? for personal injuries. From an order, McClenahan, J., granting defendant’s motion to set aside and vacate the service of summons, plaintiff appealed.

Action in the district court for Clay county for an injunction restraining defendants and their servants from constructing a drainage ditch through plaintiffs’ land. From an order, Baxter, J., dissolving and vacating the temporary injunction, plaintiffs appealed.

Action in the district court for Freeborn county by Sarah C. Olsen, substituted plaintiff in place of Neis Olsen, to recover $15,000 damages for injuries sustained by her minor son. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $3,500. From an order overruling its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Polk county by Fred H. Mageau, as administrator of the estate of Clara Mageau, deceased, to recover $5,000 for her death alleged to have been caused by defendant’s negligence. The case was tried before Watts, J., and a jury which returned a verdict in favor of plaintiff for $4,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was convicted in the district court for Kandiyohi county of the crime of selling intoxicating liquor without a license. Defendant’s motion for a new trial was denied, Qvale, J. From the judgment of conviction, defendant appealed.

Action in the district court for Ramsey county to recover $10,-000 for personal injuries alleged to have been caused by defendant’s vicious horse. The case was tried .before Bunn, J., and a jury which returned a verdict in favor of plaintiff for $965. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Norman county to dissolve a marriage contracted without the consent of plaintiff. The defendant did not answer or appear. The case was tried before Watts, J., who ordered judgment in favor of plaintiff. From an order vacating the judgment and allowing defendant to answer, plaintiff appealed.

Action in the district court for Chippewa county tO’ recover $128.30 upon a contract. The case was tried before Qvale, J., who directed the jury to return a verdict in favor of plaintiffs for $128.30. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $3,000 for personal injuries. The case was tried before Holt, J., and a jury which returned a verdict in favor of plaintiff for $400. From an order denying his motion for judgment in favor of the defendant notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $285 on a promissory note. The case was tried before Bunn, J., and a jury which rendered a verdict in favor of defendants. Plaintiff’s motion for judgment notwithstanding the verdict was granted. From a judgment for $368.29 in favor of plaintiff, defendants appealed.

Defendant was charged with being the father of complainant’s bastard child. The case was tried in the district court for Waseca county, Buckham, J., and a jury which rendered a verdict of guilty. From an order denying his motion for a new trial, defendant appealed.

Alternative writ of mandamus from the district court for Red Lake county upon the petition of the Northwestern Telephone Exchange Company, directing the City of Thief River Falls, its mayor and aider-men, to designate the location of certain streets where relator shall place its poles, wires and fixtures. From an order, Watts, J., overruling its demurrer to the answer of defendants, relator appealed.

Action in the district court for Hennepin county to recover $10,-000 damages for personal injuries. The case was tried before Brooks, J., and a jury which returned a verdict in favor of plaintiff for $3,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial,' defendant appealed.

Writ of certiorari from the supreme court upon the relation of Charles Schubert to have the order and judgment of the board of supervisors of the town of Rockford assessing petitioner’s land for the construction of a ditch declared void.

Action in the district court for Hennepin county to have a certain deed declared a mortgage. The case was tried before E. V. Brown, J., who found that plaintiff was not entitled to any relief. From an order denying her motion for a new trial, plaintiff appealed. Affirmed.

Action in the district court for Ramsey county to recover $50,000 for the death of plaintiff’s husband. The case was tried before Bunn, J., and a jury which rendered a verdict in favor of plaintiff for $11,-000. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Wabasha county to recover $5,000 for libel. The case was tried before Snow, J., and a jury which rendered a verdict for defendant. From an order granting plaintiff’s motion to vacate the verdict and for a new trial, defendant appealed.

Action in the district court for Norman county to determine adverse claims to certain real estate. The case was tried before Grindeland, J., who dismissed the action. From an order denying a motion to amend the conclusions of law and order for judgment or to vacate the decision of the court and grant a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $5,100. Defendants appeared specially and moved to vacate an attachment which had been levied on certain property. From an order, Simpson, J., vacating and discharging the attachment, plaintiff appealed.

Action in the district court for St. Louis county against ShevlinCarpenter Co. and John F. Irwin to recover $51,324.42 for the unlawful cutting and removal of timber from certain school lands. The case was tried before Ensign, J., who made findings and ordered judgment in favor of plaintiff for $26,995.17. From this judgment, defendants appealed. Remanded with directions to reduce the amount of the judgment to $14,664.12.

Writ of certiorari issued by the supreme court upon relation of Harrison L. Schmitt and Alexander W. Lownsberry and others, to review a judgment of the district court for Blue Earth county, Lorin Cray, J., confirming a reassessment for a local improvement in the city of Mankato. 'In relators’ objections to the city treasurer’s application for judgment was this allegation: “That these respondents [relators] became the1 owners of the real estate against which this assessment…

Action in the district court for St. Louis county to recover $440' upon a contract. From an order, Cant, J., overruling defendant’s demurrer to the amended complaint, defendant appealed.

Action by the administrator of the estate of Fred Krause, deceased, in the district court for Hennepin county to recover $5,000 for the death of plaintiff’s intestate. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for $1,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $3,557.91, the unpaid balance of a sum equal to four per cent, on the gross earnings of defendant’s railroad for the year 1905. Plaintiff demurred to the answer, and from the order, Hallam, J., sustaining the demurrer, defendant appealed.

Action in the district court for Carver county to recover $250 on a promissory note. From an order, Morrison, J., denying his motion to set aside the judgment for the reasons stated in the opinion, defendant appealed.

Action in the district court for Ramsey county to recover $10,000 for personal injuries. The case was tried before Orr, J., and a jury which rendered' a verdict in favor of plaintiff for $5,000. Defendants’ motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendants appealed.

Action in the district court for Hennepin county to recover $50,000 for the conversion of a stock of goods. The case was tried before Dickinson, J., and a jury which found for plaintiff! in the sum of $3,500. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $21,090 for personal injuries sustained by plaintiff while in defendant’s employ. The case was tried before Cant, J., and a jury which found in favor of plaintiff for $7,750. From an order granting a new trial, plaintiff appealed.

<p>Order of the supreme court to show cause why a peremptory writ of mandamus should not issue.</p>

Action in the municipal court of Minneapolis to recover $100 for services-performed as real estate brokers. The ease was tried before Charles L. Smith, J., who found that plaintiffs were entitled to judgment against defendant Charles L. Johnson, and that defendant Anna Augusta Johnson was entitled to judgment against plaintiffs for her costs and disbursements. From an order denying his motion for a new trial, defendant Charles L. Johnson appealed..

After the decision on the second appeal herein, the case was tried in the-district Court for Meeker county before Powers, J., and a jury which returned a verdict in favor of plaintiff for $223.14. From an order granting defendant’s motion for a new trial, plaintiff appealed.

Action in the municipal court of Duluth to recover $300. From an order, Windom, J., refusing to grant a motion to set aside a judgment and for leave to serve an answer, defendants appealed to the district court for St. Louis county, which reversed the order of the municipal court. From the order of reversal, Ensign, Cant and Dibell, JJ., plaintiff appealed.

Action in the district court for Hennepin county against Louise P. Henry and E. M. Henry, her husband, to recover $1,120 as commission for finding-a purchaser of real estate. The case was tried before Holt, J., and a jury which rendered a verdict in favor of plaintiff for $1,149.50. Prom' an order-denying her motion to set aside the verdict and grant a new trial, Louise P.. Henry appealed.

Action in the district court for Ramsey county by the receiver of Gustave Kemper to set aside a certain conveyance of real estate from Gustave Kemper and his wife Louise to a third person, and one from that person to Louise Kemper, as void against a judgment creditor. The case was tried before Bunn, J., who made findings and ordered judgment in favor of plaintiff. From the order and from the judgment entered thereon, defendants appealed.

Action in the district court for Carlton county to recover $1,875 for personal injuries sustained by plaintiff while attempting to board defendant’s train. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for $1,750. The motion of defendant for judgment notwithstanding the verdict was denied, and a new trial granted.. From the order denying the motion for judgment notwithstanding the verdict, defendant appealed.

Action in the municipal court of Minneapolis to recover $50 commission for services rendered in obtaining a purchaser for certain real estate. The case was tried before Waite, J., who ordered judgment in favor of plaintiff. From the judgment entered pursuant thereto, defendant appealed.

Action in the municipal court of Minneapolis to recover $500 damages for injuries to plaintiff’s horse and buggy caused by defendant’s wilful negligence in driving an automobile. The case was tried before C. L. Smith, J., and a jury which rendered a verdict in favor of plaintiff for $300. From an order granting defendant’s motion for a new trial, plaintiff appealed.

Action in the district court for Faribault county for a temporary injunction restraining defendant from obstructing a public highway. The ease was tried before Quinn, J., who found plaintiff was entitled to a perpetual injunction. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Beltrami county to recover $1,997 for personal injuries. From an order, McClenahan, J., granting defendant’s motion to set aside and vacate the service of summons, plaintiff appealed.