Volume 103 — Minnesota Reports

Action in the district court for St. Louis count)' to recover $567 for services rendered. From an order, Dibell, J., sustaining plaintiff’s demurrer to the counterclaim. set up in its answer, defendant appealed.

Action in the district court for Dodge county for divorce and alimony. Defendant Henry C. Rand did not appear or answer. The case was tried before Buckham, J., who made findings and ordered judgment in favor of plaintiff. The motion of defendant Anna Rand to amend the findings was denied. From certain portions of the judgment including that which made the amount of permanent alimony granted ($3,300) a specific lien upon certain real estate, defendant Anna Rand appealed.

Action in the district court for Hennepin county by the administratrix of the estate of Charles D.. Shaw, deceased, to recover $5,000 for the death of plaintiff’s intestate. The case was tried before Brooks, J., who directed a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $50,000 damages for personal injuries. The case was tried before Olin B. Lewis, J., and a jury which rendered a verdict in favor of plaintiff in the sum of $35,000. From an order denying its motion for judgment notwithstanding the verdict and denying its motion for a new trial if plaintiff consented to a reduction of the verdict to $30,000, defendant appealed.

Action in the district court for Hennepin county for an injunction restraining defendants from issuing licenses to certain persons to practice pharmacy in Minnesota without previous examination of applicants. From an order, Holt, J., vacating and setting aside an order to show cause and temporary injunction, plaintiff appealed.

Herman Miller was convicted in the district court for Hennepin county upon an indictment charging an attempt to commit grand larceny. On the trial defendant objected that the facts alleged in the indictment did not constitute a crime and were not sufficiently definite to inform him of the nature of the crime charged. The objection was oyerruled by John Day Smith, J., who at the request of the defendant certified to this court the questions enumerated in the opinion.

Action in the district court for Benton county to have a certain note and mortgage declared void. The case was tried before Searle, J., who found the mortgage null and void and the note a valid obligation. From an order of Dibell, J., acting as judge for the Seventh judicial district, which denied defendants’ motion for a new trial, defendant Anna Zantarski appealed,

Emory A. Hall having been sentenced by a justice of the peace to pay a fine, or in default of payment to be imprisoned in the county jail, was delivered into the custody of the sheriff of Morrison county. Thereupon he obtained a writ of habeas corpus directed to the sheriff and returnable before a court commissioner, who, after hearing, ordered that the prisoner be discharged. From the order of discharge defendant appealed.

Upon the relation of the chairman of the board of supervisors of the town of Staples, the district court for Todd county issued its alternative writ of mandamus, directed to the auditor of that county, requiring him to extend certain taxes against property in the village of Staples for the purpose of collecting its proportionate share of certain bonds issued by the town of Staples.

Action in the district court for Hennepin county to recover $4,500,. commission for obtaining' applications for life insurance. The • case was tried before Brooks, J., and a jury which found for defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiffs appealed.

Action in the district court for Hubbard county to recover $201.29 for expenses incurred in the care of a sick pauper. The case was tried before McClenahan, J., who ordered judgment in favor of defendant and denied plaintiff’s motion for a new trial. From the judgment entered in favor of defendant, plaintiff appealed.'

Action in the district court for Becker county to recover $312.19, a balance due for material furnished to the contractor of defendant’s school building'. The case was tried before Baxter, J., who directed the jury to return a verdict in favor of the plaintiff. From the judgment entered thereon, defendant appealed.

Action in the district court for Red Lake county to recover $3,000 for delay in transporting the dead body 'of plaintiff’s child over'-defendant’s road. From an order, Watts, J., overruling its demurrer ■to the amended complaint, defendant appealed..

Action in the district court for McLeod county to recover $3,725, balance due for rent of a certain building and damages caused by defendant wrongfully setting fire thereto. From an order, Morrison, J., overruling a demurrer to the complaint, defendant appealed.

Action in the district court for Benton county to recover $3,994.59. William Trolander having been served with garnishee summons, defendant appeared specially and moved to dismiss the garnishment proceedings. From an order, Taylor, J., dismissing these proceedings, plaintiff appealed.

Action in the district court for Ramsey county brought by the administrator of the estate of Charles Neitge, deceased, to recover $5,000, for the death of plaintiff’s intestate. The case was tried before Olin B. Lewis, J., and a jury which found a verdict in favor of plaintiff for $2,332. 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 district court for Traverse county, Flaherty, J., vacating and setting aside the garnishment proceedings herein and also from a judgment against plaintiff for $13.90 costs.

Action in the district court for Clay county to recover $119.16 for the conversion of a quantity of wheat. The case was tried before Baxter, 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 St. Louis county to recover $2,000 for personal injuries. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendant Thomas Whitman from a judgment of the district court of Hennepin county convicting him of the crime of grand larceny in the second degree, and from an order, Dickinson, J., denying his motion for a new trial.

Action in the district court for Swift county by Ralph Holden, as administrator of the estate of his son Ralph, deceased, to recover $5,000 for the death of the son. The case was tried before Qvale, 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.

Action in the district court for Ramsey county to reform a certain mortgage and the certificate of sale on the foreclosure thereof. The case was tried before Bunn, J., who found that plaintiff was not entitled to a reformation of the mortgage or of the certificate of foreclosure. From an order denying its motion to amend the conclusions of law and for a new trial, plaintiff appealed.

Action in the district court for Fillmore county to restrain defendant from raising his dam above a specified height' and for $1,000 damages. The case was tried before Kingsley, J., who found as conclusion of law that the action should be dismissed. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $2,765 damages for personal injuries. The case was tried before Ensign, J., and a jury which found in favor of plaintiff for $400. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $20,000 damages for personal injuries caused by the alleged negligence of defendant’s servant while plaintiff was in its employ. The case was tried before Bunn, 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.

Action in the district court for Norman county to have a certain •deed set aside on the ground that it was obtained by fraud. Ingval H. Aamoth, having received a conveyance of the premises described in the complaint after the cause was at issue, obtained the consent of the court and filed his complaint in intervention.

In July, 1899, Gustav Willius was appointed receiver of the insolvent Germania Bank of St. Paul in a proceeding brought by the attorney general in the district court for Ramsey county. The first, second, third and fourth accounts of the receiver, covering all transactions up to July 31, 1903, were examined and allowed. His fifth account was filed on October 23, 1904. His sixth account was filed on September 12, 1906. His seventh account was filed on May 29, 1907.

Appeal by the contestant N. I. Johnson,, from an order of the district court for Clay county, Grindeland, J., acting as judge of the Seventh judicial district, denying a motion to amend findings of fact and conclusions of law, except that part of the motion which seeks to-strike out the following: “That the contestee C. G. Dosland recover of said N. I. Johnson his costs and disbursements herein.”

Action in the district court for Hennepin county to recover $83.66, balance due, and $300 for unpaid commission and salary. The case was tried before John Day Smith, J., who made findings and ordered judgment in favor of plaintiff for $63.46, and interest. 'From an order denying its motion to amend the findings of fact and conclusions of law or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $4,400 damages for personal injuries. The case was tried before Ensign, J., and' a jury which rendered a verdict in favor of plaintiff for $950. Defendant’s third request, referred to in the opinion, was in these words: “The plaintiff’s claim of negligence on the part of the city in this case is based upon the condition of the sidewalk itself.

Action in the district court for Beltrami county by Anna E. Stewart, as administratrix of the estate of Tobey R. Irwin, deceased, to recover $5,000 damages for the death of plaintiff’s intestate. Erom an order, Spooner, J., overruling its demurrer to the complaint, defendant appealed.

Action in the district court .for St. Louis county to cancel a deed for failure to comply with its conditions. The case was tried before Di-bell, J., who found as conclusion of law that upon payment to defendants of $240 the deed be cancelled, and that plaintiff’s costs and disbursements be set off against the $240. From the judgment entered thereon, defendants appealed.

Action in the district court for Benton county to recover possession of a wagon and for eighteen dollars for the detention thereof and expense incurred in attempting to regain possession. The case was tried before Searle, J., and a jury which found that plaintiff was entitled to possession of the property, and assessed its value at twenty five dollars. From an order Taylor, J., denying his motion for a new trial, defendant appealed.

Action in the district court for Wright county to recover $475 on a promissory note. The case was tried before Giddings, J., who directed the jury to return a verdict in favor of defendants. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $2,500-upon a promissory note. The case was tried before Frederick V. Brown, J., who directed the jury to return a verdict in favor of plaintiff for $1,035.52. From .an older denying his motion' to set aside the verdict and for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $4,605 for personal injuries. The case was tried before Frederick V. Brown, J., and a jury which found for plaintiff in the sum of $1,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. This action was brought by plaintiff to recover for personal injuries as a result of defendant’s alleged negligence.

Action in the district court for Grant county to recover $25,000 damages for personal injuries sustained by plaintiff while a passenger on defendant’s train. The case was tried before Flaherty, ]., and a jury which found a verdict in favor of plaintiff for $5,750. From the judgment entered thereon and from an order granting a motion to fix the fees of certain medical witnesses, defendant appealed.

Action in the district court for Swift county by the receivers of a certain corporation to recover $3,014.25, the value of certain orders and promissory notes. The case was tried before Powers, J., who made findings 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 $50,400 damages for personal injuries sustained by plaintiff. The case was tried before Orr, J., who directed the jury to return a verdict in favor of the defendant. From an order denying a motion for a new :rial, plaintiff appealed.

Action in the district court for Mille Eacs county to enjoin defendants E. Mark, Frank Smith and his wife Elvena, and J. F. Sullivan, from maintaining a saloon on certain premises. The case was tried before Taylor, J., who found that defendants were entitled to a dismissal of the action and ordered judgment in accordance therewith. From this order, plaintiffs appealed.

Action in the district court for St. Louis county by a mipor, by his father, against three corporations, viz.: Lake Superior Consolidated Iron Mines, Oliver Iron Mining Company, and Roberts-Kingston Contracting Company, to recover $20,000 damages for personal injuries.

In the probate court for Ramsey county plaintiffs filed claims against the estate of Hiram D. Brown. The claims were dismissed. From the order, Bazille, J., dismissing the claims the claimants appealed to the district court for Ramsey county, where pleadings were framed. The matter was tried before' Olin B. Lewis, J., who affirmed the order of the probate court. From an order denying a new trial, plaintiffs appealed.

Action in the district court for Sibley county to recover $3,812 damages for failure to construct a certain ditch. The court, Morrison, J., granted defendants’ motion for judgment on the pleadings, for the reasons stated in the opinion. Trom the judgment entered in favor of defendants, plaintiff appealed.

Action in the district court for Pope county to recover $20,500 damages for personal injuries. Prom an order, Flaherty, J., overruling its demurrer to the complaint, defendant appealed.

Action in-the district court for St. Louis county by a taxpayer to restrain defendant city and its board of public works from letting a contract for the paving of a certain street. From an order, Dibell, J., discharging an order to show cause and a temporary restraining order, plaintiff appealed.

Action in the district court for St. Louis county to recover $1,995.95-damages for personal injuries. The case was tried before Cant, J.,. who directed the jury to return a verdict in favor of defendant. Prom an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Sibley county to obtain possession of certain premises. The facts are stated in the opinion. From an order, Morrison, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Stearns county to recover $30,000 damages for personal injuries. The case was tried before Taylor, J., and a jury which rendered a verdict in favor of plaintiff for $15,000. From an order granting its motion for a new trial unless plaintiff would consent to a reduction of the verdict to $10,000, to which he agreed, defendant appealed.

Action in the district court for Hennepin county by a minor, by his guardian ad litem, against his mother to recover $25,000 damages for personal injuries. The case was tried before John Day Smith, J., and a jury which found for plaintiff in the sum of $5,000. From an order denying her motion for judgment notwithstanding the verdict or for a pew trial, defendant appealed.

Action in the district court for St. Douis 'county to recover $30,800 damages for personal injuries. The case was tried before Dibell, J., and a jury which rendered a verdict in favor of plaintiff for $2,900. A motion for a new trial was granted. From an order denying its motion for ■ judgment notwithstanding the verdict and granting its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $25,000 damages for personal injuries. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for $10,500. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Olmsted county to compel defendant to support a bastard child. The case was tried before Snow, J., and a jury which rendered a verdict of guilty. From an order denying defendant’s motion for a new trial, defendant appealed.

Action in the district court for Clay county to recover $100 on a promissory note. A garnishee summons was served on the Northern Pacific Railway Company, garnishee. From an order, Baxter, J., dismissing proceedings against the garnishee, plaintiff appealed.

Action in the district court for Nicollet county to recover $320.88 damages for the breach of a covenant. The case was tried before Olsen, J., who granted a motion to dismiss the action when the plaintiff rested. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Marshall ■ county to recover $1,283 upon a promissory note. The case was tried before Grindeland, J., who directed the. jury to return a verdict in favor of defendant. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Proceedings in the district court for Ramsey county against Robert C. Holbert for contempt. From an order, Olin B. Lewis, J., dismissing the proceedings, plaintiff appealed.

James F. Geraghty presented the last will and testament of James Tierney, deceased, to the probate court for Dakota county and it was admitted to probate. Deborah Kilroy, Inez L. Riggles and Winnifred M. Shine appealed from the probate court to the district court, and the appeal was heard before Crosby, J., who made findings and affirmed the order and judgment of the probate court.

Action in the district court for Polk county to recover $5,150 damages for personal injuries. The complaint in this action alleged that plaintiff’s wife, while a passenger on the defendant’s train, was seriously injured by its negligence; that thereby he was compelled to expend large sums of money for drugs, medicines, and medical attendance, and was deprived of the services of his wife and of her society. The answer put defendant’s negligence and the damages in issue.

Action in the district court for Hennepin county by plaintiff’s guardian ad litem to recover $15,000 damages for personal injuries. The case was tried before John Day Smith, J., who directed the jury to return a verdict for defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for St. Louis county to recover $50,000 damages for personal injuries. The case was tried before Cant, J., and a jury which returned a verdict in favor of plaintiff for $15,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Redwood county to restrain defendant city, its mayor and its recorder from issuing to Escar Bailey a license to sell intoxicating liquor. A temporary restraining order was granted, and on the return day of the order to show cause why it should not be made permanent until final judgment therein the court, Olsen, J., ordered that until final judgment therein, no license should be granted which did not terminate on January 20, 1908.

Action in the district court for St. Louis county to recover $40,350 damages for personal injuries. The case was tried before Dibell, J., and a jury which found for plaintiff in the sum of $17,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Writ of certiorari from the district court for Ramsey county to the probate court of that county upon the relation of the Union National Bank of Grand Forks. The facts are stated in the opinion. From an order, Hallam, J., quashing the writ, relator appealed.

Action in the district court for St. Louis county to recover $15,234 ■damages for personal injuries. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for $4,-333.33. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $1,999.90-damages for personal injuries. The case was tried before Dibell, J.„ and a jury which returned a verdict in favor of plaintiff for the sum demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

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

Action in the district court for Scott county to recover $925, the value of certain lost checks. The case was tried before Morrison, J., who made findings and ordered judgment in favor of plaintiff upon filing a bond .of indemnity in the sum of $3,000. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for St. Louis county by the administratrix of the estate of Bernard Balder, deceased, to recover $5,000 for the death of her intestate. The case was tried before Cant, J., and a jury which returned a verdict in favor of plaintiff for the sum demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Kandiyohi county against the owners of certain lands and the supervisors of the town of Lake Henry to recover $1,000 damages caused by the overflow of a ditch constructed by defendants,, and to restrain defendants from maintaining the ditch.

Action in tbe district court for Waseca county to recover $1,700, the value of a threshing engine. The case was tried before Buckham, J., and a jury which rendered a verdict in favor of plaintiffs for $1,600. From an'order denying their motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to foreclose a mechanic’s lien. From an order, Holt, J., overruling the joint and several demurrers to the complaint, defendants C. Dalby Fisher, Minnetonka Land & Improvement Company and Mattie D. Fisher, appealed.

Action in the district court' for Hennepin county to recover $1,074 damages for personal injuries sustained by plaintiff in being forcibly ejected from respondent’s street car. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for $100. From an order denying its motion for a judgment notwithstanding the verdict or for a new trial, defendant appealed.

In an action in the district court for Ramsey county against C. B. Towers, J. A. Felthous and J. C. Felthous were summoned in garnishment proceedings. From an order, William Louis Kelly, J., discharging the garnishees, plaintiffs appealed.

Action in the district court for Ramsey county against the Union Land Company of St. Paul by a judgment creditor of that corporation, on his own behalf and on behalf of all its other creditors who might exhibit their claims and become parties to the action.

Two actions in the district court for St. Louis county, one to recover $350 and the other to recover $2,000, for the conversion of certain timber. The cases were consolidated by stipulation and tried together before Dibell, J., and a jury which rendered a verdict in favor of plaintiff in the first action for $29.66 and in the second action for $59.33'. From an order denying his motion for a new trial in each case, plaintiff appealed.

Action in the district court for Freeborn county to recover $20,000 damages for personal injuries. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $5,000. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

<p>Action in the district court for Mille Lacs county to recover $95.50 upon a bill of exchange. W. H. Ferrell was the only defendant who» answered. At the trial he objected to the introduction of evidence on the ground that it failed to state a cause of action against him, and the objection was sustained and the action dismissed. From an: order, Taylor, J., denying its motion for a new trial, plaintiff appealed.</p>

Action in the district court for Hennepin county to recover $12,000 damages for the breach of a contract. From an order, Holt, J., overruling its demurrer to the amended complaint, defendant appealed.

Action in the district court for Hennepin county to recover possession of an automobile or $1,000, the value thereof, in case delivery cannot be had, and for $300 for its detention. The case was tried before Holt, J., who made findings and ordered judgment in favor •of defendant'. A motion to amend the findings was granted and a motion for a new trial was denied. From the judgment entered pursuant to the amended order, plaintiff appealed.

In proceedings in the district court 'for Hennepin county to collect from defendant personal-property taxes for the year 1905, delinquent April 1, 1906, the defendant made answer and^ prayed that the assessment on its property be reduced to $10,400. The matter was tried before Frederick V. Brown, J., who made findings, as stated in the opinion, and ordered judgment in favor of plaintiff for $891.99.

Defendant was indicted for, and after trial in the district court of Blue Earth county was convicted of, the crime of rape, and was sentenced to hard labor in the State prison at Stillwater for the term of nine years. From an order, Cray, J., denying- defendant’s motion for a new trial and from the judgment of conviction, defendant appealed.

Action in the district' court for Ramsey county to recover $5,000 damages for the death of plaintiff’s intestate. The case was tried before Orr, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion to set aside and vacate the verdict and for a new trial, plaintiff appealed. This was an action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant.

Action in the district court for Mower county to recover $15,000 damages for personal injuries. The case was tried before Kingsley,. J., and a jury which returned a verdict in favor of plaintiff for $6,400. From an- order denying defendants’ motion for judgment notwithstanding the verdict and granting their motion for a new trial unless plaintiff should consent to a reduction of the verdict from $6,400 to $5,000, defendants appealed.

In proceedings in the probate court of Steele county to settle the estate of Delos Higbie, Harriet T. Sammons, as executrix of the estate of Anna Leslie Higbie, deceased, made application for the widow’s allowance. From an order of the probate court denying the application, an appeal was taken to the district court of that county, which reversed the order of the probate court.

Action of replevin in the district court for Polk county to recover $4,446.09, the value of the goods levied upon by defendant as sheriff. The case was tried before Watts, J., and a jury which found that plaintiff- was the owner and entitled to possession of the property in question. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action before a justice of the peace, in which defendant Lang appeared specially and moved that the action be dismissed as to him on the ground that the justice had no jurisdiction. The motion was denied, judgment was entered and defendant appealed to the district court for Stearns county. The judgment was reversed, Taylor, J., and from the judgment of reversal plaintiff appealed.

Action in the district court for McLeod county by the administratrix of the estate of Omar Martin, deceased, to recover $5,000 for the death of her intestate. On the trial before Morrison, J., at the close of plaintiff’s case, the defendants rested and their motion for a directed verdict was denied. The jury then rendered a verdict in favor of plaintiff for $1,000. A motion for judgment notwithstanding the verdict was denied.

Action in the district court for Washington county to recover $144,-805.60 as damages for breach of contract. The case was tried before Stolberg, J., and a jury which rendered a verdict in favor of plaintiff for $78,405.18. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Hennepin county against defendant city and the board of park commissioners to determine adverse claims to certain réal estate. The case was tried before Dickinson, J., who found as conclusions of law that plain tiff was the owner in fee simple of the land described in the complaint, subject to an easement in favor of the public to use the same as a park, and that defendants were entitled to costs and disbursements.

Action in the district court for Olmsted county to recover $1,010.-10 upon a life insurance policy, in which action defendant Franklin and his wife were substituted in place of Northwestern Mutual Life Insurance Company upon payment by it of the amount of the policy. The case was tried upon stipulated facts before Snow, J., who made findings and ordered judgment in favor of plaintiffs. From the judgment entered pursuant to the order, defendants appealed.

Foley Bros. & Kelly and Foley Bros. Building Company, corporations, having secured favorable action by a majority of the board of equalization of the county of Ramsey and city of St. Paul upon their applications for correction of assessment and abatement of tax for the year 1906 upon the buildings owned by them, respectively, the applications were transmitted by the county auditor to the state tax commission, which decided that-it had no jurisdiction to correct the…

Action in the district' court for Rock county to recover $3,440 for the revocation of a liquor license. The defendant demurred to-the complaint and the demurrer was sustained and judgment ordered, P. E. Brown, J., in favor of defendant. Erom the judgment entered pursuant to the order, plaintiff appealed.

Action ins the district court for Hennepin county to obtain the execution by defendant of a full warranty deed of the north one half of a certain lot. Defendant’s.demurrer to the complaint was sustained, Holt, J. The complaint not having been amended within the time granted, judgment was entered in favor of defendant. From the judgment plaintiff appealed.

Action in the district court for Wilkin county to have a judgment entered in justice court against plaintiff as garnishee declared null and void. The case was tried before Flaherty, J., who made findings and as conclusion of law ordered judgment in favor of defendant. From an order overruling plaintiff’s motion for a new trial, and to set aside the findings of fact, conclusions of law and order for judgment, it appealed.

Action in the district court for Polk county to foreclose a mortgage upon certain real estate. The case was tried before Watts, J., who ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order, defendant Steenerson appealed.

Action in the district court for Stearns county to recover $10,113 for personal injuries. After the order denying a new trial was reversed upon the second appeal (see 98 Minn. 222) the case was tried before Taylor, J., and a jury which rendered a verdict in favor of plaintiff for $9,000.

Action in the district court for Hennepin county to recover $25,000 from defendant city and the Chicago Great Western Railway Company. From an order, Holt, J., denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,900'. The- case was tried before Frederick V. Brown, J., and a jury which rendered a verdict in favor of plaintiff for $350. - The motion of defendant for judgment notwithstanding the verdict was denied. From the judgment entered on the verdict defendant appealed.

Action in the district court for Hennepin county to recover $1,010. The case was tried before Frederick V. Brown, J., and a jury which returned a verdict in favor of plaintiff for $210. From an order denying a motion for a new trial, defendant appealed.

Action by the administrator of the estate of O. B. Gould, deceased, and another, in the district court for Winona county to recover $500 for the destruction of certain ornamental trees by reason of the negligent construction and maintenance of defendant’s gas mains. The case was tried before Snow. J., and a jury which rendered a verdict in favor of plaintiffs for $200. From the judgment entered thereon, defendant appealed.

Action in the district court for Otter Tail county to recover $1,500 on'a promissory note. The case was tried before Baxter, J., who directed the jury to return a verdict in favor of plaintiff for $1,590. Prom an order denying their motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $5,260 damages for personal injuries. The case was tried before Brooks, J., and a jury which returned a verdict in favor of plaintiff for $1,476.25. From an order denying its motion for judgment notwithstanding the verdict and granting a new trial unless plaintiff would consent to a reduction of the verdict to $1,060, which he agreed to, defendant appealed.

Order of this court upon the petition and accusation of E. Southworth, as Secretary of the State Board of Law Examiners, requiring defendant, an attorney at law, to answer the accusation contained in that petition. The facts are stated, in the opinion.

Action in the district court for Todd county against defendant town and William Zimmerman to recover $564.40 damages for the alleged negligent construction of a ditch along a highway causing much water to be discharged upon plaintiff’s land. At the trial before Baxter, J., a motion to dismiss the action was granted when plaintiff rested. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for day county to recover $15,000 for the -death of her husband, Paul Matthey. At the trial Baxter, J. granted defendant’s motion that the action be dismissed and judgment entered in favor of defendant, for the reason that the complaint shows on its face that the plaintiff has not legal capacity to maintain the action, it having been brought by a widow of the deceased instead of by the administrator.

Action in the district court for Hennepin county to recover $3,072, the value of certain goods sold and delivered. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. Prom an order denying its motion for a new trial, defendant appealed.

Action in the district court for Pine county to recover $1,000 upon a fire insurance policy. The case was tried before Stolberg, J., and a jury which returned a verdict in favor of plaintiff for $1,063.63. From an order denying its motion 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. Lewis, J., and a jury which returned 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 Mille Lacs county to recover $700 for the alleged negligence of defendant in laying certain roofing material. At the close of the trial before Qvale, X, defendant’s motion to dismiss the action was granted. From the judgment of dismissal entered thereon, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,500 damages for breach of a logging contract. The case was tried before Brooks, J., and a jury which returned a verdict in favor of plaintiffs for the sum demanded. From an order denying a motion for a new trial, defendants appealed.