Volume 104 — Minnesota Reports

Action in the district court for Mower county to recover $50,000 for personal injuries. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $35,000. The plaintiff dying after the trial, the administratrix of his estate was substituted as plaintiff in his stead.

Action in the district court for Hennepin county to determine adverse claims to certain real estate. Defendant Reed as administrator of the estate of A. J. Finnegan, deceased, was allowed to answer as an unknown claimant. The case was tried before Frederick Y. Brown, J., who found that as administrator defendant Reed was the owner in fee of the land described, subject to the lien of the plaintiff for certain taxes paid by it'.

Action in the district court for Steele county for an accounting or to recover $350,000 damages, for the alleged conspiracy on the part of defendants whereby plaintiff was deprived' of the profits otherwise accruing to him upon the sale of certain churns and creamery devices patented by him. From an order, Buckham, J., sustaining demurrers interposed by each of the defendants on the ground of a defect of parties plaintiff, plaintiff appealed.

Action in the district court for Freeborn county by the parent of a minor son, Arthur Hostetter, to recover $2,000 damages for personal injuries. The case was tried before Kingsley, J., and a jury which rendered a verdict in favor of plaintiff for $1,600. 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 $1,314.30 upon a contract for grading a certain road, also to have the contract amended by adding to the specifications attached thereto the words “There will be no allowance for overhaul on material moved two thousand feet, or less.” The case was tried before Kelly, J., who made findings and ordered judgment in favor of plaintiff for $91.70.

Action in the district court for Kandiyohi county to enjoin defendants from reopening a public ditch. The case was tried before Qvale, J., who made findings and ordered judgment for plaintiffs. From an' order denying their motion for a new trial, defendants appealed.

Defendant was convicted in the municipal court of Minneapolis of the violation of a city ordinance in driving an automobile at the intersection of certain streets of the city. From an order, Waite, J., denying his motion for a new trial, he appealed.

Action in the district court for Ramsey county to recover $30,000 for personal injuries. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict in favor of plaintiff for $6,000. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in a justice court to recover $35 from N. K. Strande, defendant’s pro rata share of an indebtedness incurred by the Crow River-Valley Creamery Company. From a judgment rendered therein in favor of plaintiff, defendant appealed to the district court for Stearns county upon questions of law alone, where the judgment was affirmed’ by Taylor, J. From the judgment entered in the district court, defendant and the sureties on his appeal bond appealed.

Action in the district court for Pope county to recover $1,500 damages for an assault alleged to have been committed by defendant’s agent. The case was tried before Flaherty, J., and a jury which returned a verdict in favor of plaintiff for $300. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Douglas county to have plaintiff, as receiver of certain partnership assets, adjudged entitled to the possession of $3,371.35 on deposit in the Douglas County Bank at Alexandria, Minnesota. The case was fried before Baxter, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to such order, defendants appealed.

An action in the district court for Stearns county by the administratrix of the estate of John G. Steinbach, deceased, to have a certain deed declared a mortgage and for an accounting, and in case the mortgage had not been fully paid to be allowed to redeem, was tried and pursuant to an order of court judgment was entered and docketed therein on October 14, 1905.

Action in the district court for Ramsey county to recover $50,000 damages for personal injuries. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $40,000. The court denied defendant’s motion for judgment notwithstanding the verdict but granted a new trial unless plaintiff would consent to a reduction of the verdict to $30,000, in which event a new trial was to be denied. Defendant appealed.

Upon the petition of Hector Bray showing that he was imprisoned in the county jail of Itasca county by the sheriff of that county, as stated in the opinion, a writ of habeas corpus was issued from the district court of that county. The sheriff made return thereto, as described in the opinion, and after a hearing before the court commissioner .of the county the latter ordered the immediate discharge of the prisoner. From this order the sheriff appealed.

Action in the district court for Hennepin county to recover $6,126 upon a promissory note. The defenses set up in the answer are stated in the opinion. The case was tried before John Day Smith, J., who directed the jury to return a verdict in favor of plaintiff for $7,367.86. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Martin county to restrain defendants from deepening, widening or extending a certain ditch and from main-taming that ditch. The case was tried before Quinn, J., who ordered - judgment in favor of defendants. From an order overruling plaintiff’s alternative motion that the conclusions of law be-amended or for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to have an insurance policy reformed and to recover upon it as reformed the sum of one thousand dollars. The case was tried before Orr, J., who made findings and ordered judgment in favor of plaintiff for the sum demanded. Defendant’s motion to amend the findings was granted in part and denied in part. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for St. Louis county to determine adverse claims to certain real estate. The case was tried before Ensign, J., who found as conclusion of law that the defendant was entitled to a judgment that he was the owner in fee of the premises in dispute. From an order denying her motion to amend the findings or for a new trial, plaintiff appealed.

Verified accusation of the secretary of the state hoard of law examiners charging Francis B. Hart, who for more than thirty years had been an attorney at law of the state of Minnesota, with the wilful violation of his official oath as such attorney at law and of the duties imposed upon him by the state statutes to (1) observe and carry out the terms of his oath, and (2) maintain the respect due to courts of justice and judicial officers.

Action in the district court for Grant county to .have a certain mill-dam on the Pomme de Terre river removed because its maintenance caused the overflow of plaintiff’s land and to recover $100 damages.

The facts are stated in the opinion. From the second order of the district court for Grant county, Flaherty, J., directing the sheriff to remove the water gates in a certain mill pond in case the plaintiff and his attorney did not remove them, and reduce the height of water to the extent that it was reduced by the sheriff on October 4, 1907, plaintiff appealed.

Appeal by plaintiffs from an order of the municipal court of Minneapolis, C. D. Smith, J., vacating a judgment for $83.60 entered by a justice of the peace against defendant.

Action in the district court for Dyon county against Arndt O. Dahltorp, Ole A. Brown and B. O. Dahltorp to recover $458.24 upon certain promissory notes. At the close of plaintiff’s case Arndt O. Dahltorp offered judgment against himself for $500, and on motion of B. O. Dahltorp the court, Olsen, J., dismissed the action as to him on the ground that it was barred as to him. From an order denying a new trial as to B. O. Dahltorp, plaintiff appealed.

Appeal by defendant Edward S. Wood from an order of the district court for Ramsey county, Hallam, J., that the action was at issue upon the complaint and answer, and not upon defendant’s demurrer, and that the demurrer be stricken from the files. The facts are stated in the opinion.

Appeal by defendant from an order of the district court for Hennepin county, Simpson, J., denying his motion for a new trial and his application to file a supplementary and amended answer. The facts are stated in the opinion.

Action in the district court for Ramsey county to recover $15,000 ■damages for personal injuries. The case was tried before Brill, 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. Plaintiff and respondent was employed by defendant and appellant to assist in the operation of spinning flax-.

From an order of the district court for Beltrami county, Spooner, J., denying its motion that the directed verdict in favor of plaintiffs be set aside and for a new trial, defendant appealed. The facts are stated in the opinion.

Separate actions in the district court for Ramsey county, one by McDonald to recover $5,000 damages for personal injuries and the other by Mullane to recover $200 for injury to his horse. The cases were tried together before Hallam, J., and a jury, which rendered a verdict in favor of McDonald for $1,200 and in favor of Mullane for $200.

Action in the district court for Washington county to recover $2,000 damages for personal injuries. The case was tried before Stolberg, 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 begun in justice court to recover $55.02, the price of certain machinery. Judgment was rendered. in favor of plaintiff for the amount demanded, and the defendants appealed to the district court of Swift county on questions of law alone which affirmed the judgment. From the judgment entered pursuant to the order of Qvale, J., in favor of plaintiff for $99.57, defendants appealed.

Application to the district court for St. Louis county to have the title to certain land registered. From a judgment entered pursuant to an order of Dibell, J., confirming title in the applicants subject to a claim of defendant Gaylord, applicants appealed.

Defendant having on February 4, 1907, perfected his appeal from-an order of the district court for St. Louis county, Ensign, J., ordering him to appear before a referee named for an examination concerning his property, and having failed for more than sixty days to make- and file a return with the clerk of this court, plaintiff moved for am order dismissing the appeal.

Action in the municipal court of St. Paul to recover $60 for rent. Defendant interposed a counterclaim for $150 damages caused by its wrongful eviction. The case was tried before Hanft, J., who found as conclusion of law that defendant was entitled to $150. From an order denying its motion for a new trial, plaintiff appealed.

Action of replevin in the municipal court of the city of Hutchinson to recover possession of a horse claimed to have been purchased by oral contract. In that court there was a verdict in favor of plaintiff. From the judgment entered pursuant to the verdict, defendant appealed to the district court for McLeod county where the first trial resulted in a disagreement of the jury.

The county treasurer of Martin county being unable to determine whether plaintiff company was entitled to record a certain agreement for the extension of a mortgage in its favor without payment of the registration tax required by Laws 1907, c. 328, the treasurer indorsed the fact of his uncertainty upon the instrument and the company paid the amount of the tax to the clerk of the district court for that county.

Action in the district court for Ramsey county to recover $5,000 damages for personal injuries. The case was tried before Kelly, J., and a jury which rendered 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 $11,550-damages for persona! injuries. The case was tried before Bunn, J.,. and a jury which rendered a verdict for $4,000 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 have plaintiff adjudged the owner in fee simple of certain real property. The case ■was tried before Holt, J., who made findings and ordered judgment! in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to determine adverse claims to certain real estate. The case was tried before Cant, J., who made findings and ordered judgment in favor of defendants. From the judgment entered thereon and from an order denying their motion to set aside the conclusions of law and for a new trial, plaintiffs appealed.

In proceedings for the construction of a public ditch plaintiff appealed to the district court for Brown county from the award of the county commissioners on the ground that the amount awarded him for damages to his land was insufficient. The appeal having been tried, the court, Olsen, J., made findings and ordered judgment for $300 in favor of plaintiff. From this order plaintiff appealed to this court.

Action in the district court for Ramsey county to recover $15,000 damages for personal injuries. The case was tried before Olin B. Rewis, J., and a jury which rendered a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action of ejectment in the district court for Jackson county. The case was tried before Quinn, J., and a jury which rendered a verdict in favor of plaintiff. From an order granting defendant’s motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $15,000 for personal injuries. The case was tried before Orr, J., and a jury which rendered a verdict for $7,000 in favor of plaintiff.

Action in the district court for Dae qui Parle county to recover $655.80, the purchase price of certain drills. The case was tried before Qvale, J., and a jury which returned a verdict in favor of plaintiff for $403.50. From that part of an order which granted defendants’ motion for a new trial as to six disc drills, unless plaintiff would consent to a reduction of the verdict to $215.37, it appealed.

Petition for the construction of a certain ditch. The reports of the engineer and of the viewers having been made, the mdtter came on for final hearing before the district court for Ramsey county, Kelly, J., who denied the petition. From an order denying a motion for a new trial, petitioners appealed.

Action in the district court for Carver county to r'ecover $51.75 alleged to be due for the construction of a ditch. The case was tried before Morrison, J., and a jury which returned a verdict in favor of plaintiff for $40. 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 $35,000 damages for personal injuries. The case was tried before Hallam, J., and a jury which returned a verdict for plaintiff for $6,000. From >an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Proceedings in quo warranto in this court, brought by the attorney •general to determine who shall constitute the lawful school board of a certain school district. Evidence was taken before a referee, and the •controversy was submitted for determination. Judgment for relator.

Defendant was indicted in the district court for Norman county for selling intoxicating liquor without a license. The case was tried before Grindeland, J., and a jury which found the defendant guilty as charged in the indictment. From an order denying his motion to set aside the verdict and discharge the defendant, or for a new trial, defendant appealed.

Action in the district court for Carver county to enjoin defendant from maintaining a certain drainage ditch and to recover $350 damages for injury to plaintiff’s land. The case was tried, before Morrison, J., who made findings and ordered that the action be dismissed upon its merits. From an order denying his motion for a new trial', plaintiff appealed.

Action in the district court for Fillmore county to recover $5,000 for personal injuries. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $1,400. 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 determine adverse claims to certain real estate. The case was tried before Simpson, J., who found as conclusion of law that defendant Thele was the owner in fee of the premises, subject to the lien of plaintiff as stated in the opinion. From an order denying plaintiff’s motion for a new trial, he appealed.

Judgment having been entered in the district court for Ramsey county against certain real estate of defendant for the delinquent tax for the year 1902, defendant made application to have the judgment set aside and for leave to answer. This motion was granted, the matter was tried before Hallam, J., who sustained the defendant’s objections, and from the judgment of dismissal plaintiff appealed.

Action in the district court for St. Louis county for an accounting under a certain contract, or in case an accounting cannot be had that defendant be required to account to and pay over to plaintiff the full value of all timber turned over to him under the contract. Defendant interposed a counterclaim in the sum of $17,975 for money loaned to plaintiff.

Action in the district court for Roseau county to recover $520.89' for professional services. The case was tried before Grindeland, J.,. and a jury which returned a verdict in favor of plaintiffs for the amount demanded. From the judgment entered pursuant to the verdict, defendants appealed.

Action in the district court for Carver county to recover $10,000 for slander. The case was tried before Morrison, J., and a jury which found a verdict in favor of defendant. From an order denying her motion to set aside the verdict and for a new trial, plaintiff appealed.

In an action in the district court for St. Louis county defendant moved to vacate an attachment. From an order, Cant, J., vacating and dissolving the attachment, plaintiff appealed.

Alternative writ of mandamus from the district court for Blue Earth county directed to respondent requiring him to execute and deliver to relator an order on the treasurer of the city of Mankato for the sum of $241.20, or to show cause why he has not done so. The case was tried before Quinn, J., acting for the judge of the Sixth judicial district, who made findings and as conclusions of law found that relator is entitled to a peremptory writ as prayed.

Action in the municipal court of St. Paul for breach of contract to recover $50, the value of lost time. The case was tried before Hanft, J., who ordered judgment in favor of plaintiff for $17.50. Prom an order denying its motion to amend the conclusions of law or for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $60 for two months’ rent. The case was tried before Charles D. Smith, J., who made findings and as conclusion of law ordered judgment in favor of defendant. From an order denying plaintiff’s motion to amend the conclusions of law or for a new trial, plaintiff appealed.

Action in the district court for Waseca county to recover $375, the agreed amount of damages to plaintiff’s land caused by failure to construct and maintain a culvert. The case was tried before Buckham, J., and a jury which returned a verdict in favor of plaintiff for $407. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal to the district court for Carver county from an order of the board of supervisors of the town of San Francisco vacating a certain highway. The appeal was tried before Hallam, J., acting for the judge of the Eighth judicial district, and a jury which rendered a verdict in favor of respondent Anderson. From an order denying a motion to set aside the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county by the administratrix de bonis non of the estate of John Aho, deceased, to recover $1,-999.99 for his death while in the employ of defendant. From an order, Dibell, J., overruling the demurrer of the defendant to plaintiff’s reply, defendant appealed.

Action in the district court for Hennepin county -to recover $1,500 for fraud and deceit. From an order, Dickinson, J., overruling defendants’ demurrer to the complaint, they appealed.

Action in the district court for Hennepin county to recover $1,5Q0. The case was tried before Frederick V. Brown, J., who directed a verdict in favor of plaintiff for $1,545. From an order denying his motion for a new trial, defendant appealed.

Action in the municipal court of St. Paul for the restitution of certain rented premises on account of the unlawful use thereof by the tenant. The case was tried before Hanft, J., who ordered judgment in favor of defendants. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,000, balance claimed to be due on certain fixtures and also upon a stock of wines, liquors, etc. The case was tried before Frederick V. Brown,. J., and a jury which returned a verdict in favor of plaintiff for $1,025. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Polk county to recover $105.99. The case was tried before Watts, J., who granted judgment on the pleadings in favor of plaintiff. From the judgment, defendant appealed.

Action in the district' court for Meeker county to recover $260 for an unauthorized compromise of a judgment for $374. The case was tried before Powers, J., and a jury which returned a verdict for ■defendant. Prom an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Pine county to recover $9,500 damages for the breach of a contract. The case was tried before Stolberg, J., and a jury which returned a verdict for plaintiff for $4,000. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for St. Louis county to recover $11,677.-30. The defendants interposed a counterclaim. The case was tried before Dibell, J., and a jury which returned a verdict for defendants for $7,692.86. From an order granting plaintiffs’ motion for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $6,800 damages for the breach of a certain contract. From an order, Kelly, J., overruling the separate demurrers of defendants to the complaint, they appealed.

Action in the district court for Wabasha county by the administratrix of the estate of Harry A. Seely, deceased, to recover $5,000 for his death. The case was tried before Snow, J., and a jury which rendered a verdict in favor of plaintiff for $1,500. From an order granting defendants’ motion, for a'new trial and denying their-motion for judgment notwithstanding the verdict, they appealed.

Petition to the district court for Hennepin county, upon relation of John L. Gleason, for a writ of mandamus commanding the Board of Regents of the University of Minnesota to -reinstate the relator as a student in the department of law. From an order, Frederick V. Brown, J., overruling a demurrer to the petition, defendants appealed.

Application to this court for a writ of prohibition commanding the judge and clerk of the district court for the Seventh judicial district from proceeding further with the hearing of the proceedings to establish the county ditch 'decribed in the opinion. _ An order to show cause was granted and heard.

The attorney general having petitioned the. district court for Good-hue county to remove Loomis F. Irish from his position as receiver of the Farmers' Indemnity Mutual Hail Insurance Company, because of misconduct, the court ordered the receiver to show cause why he should not be removed. At the time of hearing the receiver demurred to the petition.

<p>Action in the district court for Cass county to recover $1,000 upon two promissory notes. Defendant interposed a counterclaim. The case was tried before Spooner, J., and a jury which returned a verdict in favor of plaintiff for $1,312.33. From an order granting a motion for a new trial, plaintiff appealed.</p>

Three proceedings in the district court for Lyon county to detach certain lands from the city of Tracy.

Action in replevin in the district court for Sherburne county to recover from the sheriff thereof certain potatoes. The case was tried before Giddings, J., who directed the jury to return a verdict in favor of' plaintiff. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Petition of August Heinz and others for a writ of certiorari to Thomas S. Buckham, district judge, and others. A petition was filed in the district court of Steele county on August 38, 1907, for the establishment of a described judicial ditch in the counties of Waseca and Steele.

Action in the district court for Dakota county to recover $50,000 for personal injuries. The case was tried before Crosby, J., and a jury which returned a verdict in favor of plaintiff for $30,000. From an order denying defendant’s motion for an order setting aside and vacating the special finding and the general verdict of the jury and for a new trial in case plaintiff would accept $18,000 in full payment of his damages in the action, defendant appealed.

Action to recover $60 on a promissory note. Appeal by plaintiff from an order of the district court for Clearwater county, Spooner, J., re-opening a judgment entered in' favor of plaintiff, and allowing a proposed amended answer to stand as an answer to the complaint.

Action in the district court for Mille Lacs county to recover $169.69, amount alleged to be due upon the purchase price of a quantity of wheat. The case was tried before Taylor, J., who directed a verdict in favor of plaintiff for $180.71. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Nobles county to recover $2,429.80> for breach of covenant contained in a certain deed. The case was tried1 before P. F. Brown, J., who made findings and ordered judgment in favor of plaintiffs for the sum of $1,008.40. From the judgment entered pursuant to the order, defendants appealed.

Proceeding in the district court for Ramsey county to collect $3,-316.60, taxes for the year 1905, remaining delinquent on the first Monday in January, 1907. The defendants filed objections which were heard by Orr, J., who made findings, and ordered judgment in favor of the state. Defendants’ motion to amend the conclusions of law was denied. From an order denying a new trial, defendants appealed.

Action in ejectment in the district court for Todd county to recover possession of a quarter section of land. From an order, Taylor, J., overruling plaintiff’s demurrer to defendants’ answer, it appealed.

Action in the district court for McLeod county to recover $2,000 for the alleged negligent construction and maintenance of a dam whereby plaintiff’s land was overflowed. From a judgment entered pursuant to an order, Morrison, J., granting defendants’ motion for judgment on the pleadings, plaintiff appealed.

Action in the district court for He Sueur county to recover $1,050 on two promissory notes. The substance of the answer is stated in the opinion. From an order, Morrison, J., granting plaintiff’s motion to strike out the answer to the complaint, defendant appealed. From an order denying the motion of defendant to dissolve and vacate the writ of attachment issued in the action, he appealed.

Action in the district court for Ramsey county to recover $10,200 for personal injuries. The case was tried before Brill, J., and a jury which returned a verdict in favor of plaintiff for $1,250. Defendant’s motion for judgment notwithstanding the verdict was denied, and its motion for a new trial was denied on condition that plaintiff consent to a reduction of the verdict to $1,000. From the order denying its motions, defendant appealed.

Action in the district court for Hennepin county to recover $25,664 for personal injuries caused by a collision with defendant’s street car. The case was tried before Brooks, J., and a jury which returned a verdict in favor of plaintiff for $10,000. 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 by plaintiff, a minor, to recover $10,000 for personal injuries. The case was tried before Hallam, J., and a jury which returned a verdict in favor of plaintiff for $2,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Sibley county to recover $152.56 upon a promissory note. The case was tried before Morrison, J., and a jury which returned a verdict in favor of defendant. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $96, of which sum $95 was alleged to have been stolen from plaintiff while lodging in defendant’s hotel. The case was tried before Waite, J., who made findings, and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order, defendant appealed.

Action in the district court for Polk county to recover $20,000 for personal injuries. The case was tried before Watts, J., and a jury which rendered a verdict in favor of plaintiff for $4,750. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

In the above entitled action in the district court for Hennepin county William Bros Boiler & Manufacturing Company filed a claim for $45, for unearned premium on a title insurance policy. The facts were stipulated. The matter was tried before Frederick V. Brown, J., who made findings and ordered judgment in favor of claimant in the sum of $34.88. From this order, both parties appealed.

Action in-the district court for Traverse county to recover $1,654.-90 paid by plaintiff upon certain promissory notes which, he alleged, he had given in payment of a gasolene engine and separator which were not as represented in the contract of sale. The case was tried before Flaherty, J., who directed the jury to return a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Clay county to establish the location of a quarter post and to determine the boundary line between the land of the respective parties. The parties stipulated in open court as to the exact location of the quarter corner, but did not stipulate regarding the line between their land. The court made findings, and judgment was entered thereon as stated in the opinion.

Action in the district court for Wright county for an order restrain-' ing the auditor of that county from signing and delivering to Charles F. Merz any warrant on the county treasurer for the payment to said Merz in respect to Ditch No. 10 until further order of the court. Upon the hearing of an order to show cause a temporary injunction was denied, and the temporary restraining order was vacated, Giddings, J. From this order plaintiff appealed.

Action in conversion in the district court for Martin county to recover $126.75. The defendant alleged a counterclaim because of payment to the International Harvester Company. A second action was brought to recover the price of other grain delivered to the Mutual Elevator Company. By stipulation of the parties the actions were tried together. The court made findings and ordered judgment in favor of defendant in both cases.

Action in ejectment in the district court for Cass county. From an order, McClenahan, J., overruling defendants’ demurrer to the complaint, they appealed.

Action in the district court for Ramsey county to recover $25,000 for personal injuries suffered by plaintiff while in the employ of the defendant Omaha Company. From an order, Hallam, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Hennepin county to recover $10,000 for personal injuries. The case was tried before John Day Smith, J.,. and a jury which rendered a verdict in favor of defendant. From an order denying plaintiff's motion for a new trial, he appealed.

Action in the municipal court of Minneapolis in forcible entry and unlawful detainer. The answer was a general denial. The case was tried before Waite, J., who made findings and as conclusion of law found defendant guilty o'f wrongful detention of the premises and that plaintiffs are entitled to immediate restitution. From the judgment entered pursuant to the findings, defendant appealed.

Election contest in the district court for St. Louis county over the office of alderman from the Second ward of the city of Duluth between George J. Bloedel, contestant, and James L. Cromwell, contestee. The matter was tried before Cant, J., who made findings and ordered judgment in favor of contestant. From an order denying his motion for allowance, of amended findings of fact and conclusions of law and for judgment in his favor or for a new trial, contestee appealed.

Action in the district court for Ramsey county to recover $1,000 for injury to plaintiff’s lot caused by the flow of surface water from certain school grounds of defendant. The case was tried before Bunn, J., who made the findings mentioned in the opinion and as conclusions of law found that defendant was liable for the negligence of its servants in allowing the gutter to remain in the condition described in the findings and ordered judgment in favor of plaintiff for $506.

Action in the district court for Ramsey county- to recover $2,000 for personal injuries sustained by plaintiff while in the employ of defendant company as a car inspector.

Action in the district court for St. Douis county to recover $25,-520 for personal injuries sustained by plaintiff while in the employ of defendant as a switch tender in its mine. The case was tried before Dibell, J., and a jury which rendered a verdict in favor of plaintiff for $3,999. Defendant moved for judgment notwithstanding the verdict or for a new trial.

Action in the district court for Winona county to recover $10,000 for personal injuries sustained by plaintiff while in the employ of defendant as brakeman on its railway. The case was tried before Snow, J., and a jury which returned a verdict for plaintiff for $2,000. From an order denying its motion for a new trial, defendant appealed. The complaint alleged that defendant operated a railway as a common carrier of both freight and passengers for hire.

Action in the district court for Nicollet county against National Citizens Bank of Mankato, William G. Hoerr and Carlos Boynton tO' cancel five promissory notes and a real estate mortgage securing them,, given by plaintiffs to defendant Hoerr and by him transferred to defendant Boynton, on the ground that the notes were usurious.

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 Hallara, J., and a jury which returned a verdict in favor of plaintiff for $15,000, the court, before the jury retired, having granted the motion of the Great Northern Company to direct a verdict in its favor.

Action in the district court for Clay county to have a certain warranty deed, claimed to have been fraudulently obtained, declared null and void and canceled and surrendered to plaintiff. The case was tried before Watts, -J., who found as conclusion of law that plaintiff was entitled to judgment, •and a jury who returned the special finding mentioned in the opinion. Defendants’ motion for a new trial was denied.

Appeal by plaintiff from an order of the district court for Marshall county, Grindeland, X, denying his motion for judgment in his favor notwithstanding a verdict in favor of defendant for the sum of ten dollars, upon a counterclaim. The facts are stated in the opinion.

Action in the district court for St. Louis county to recover $1,999 damages for personal injuries. The case was tried before Cant, J., and a jury which returned a verdict in favor of plaintiff for $999. Defendant’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendant appealed.

The county treasurer of Martin county being unable to determine whether-plaintiff company was entitled to record a certain mortgage in its favor-without payment of the registration tax required by Laws 1907, c. 328, the treasurer endorsed the fact of his uncertainty upon the instrument and the company paid the amount of the tax to the clerk of the district court for that county.

Action in the district court for Ramsey county to recover $5,000 for personal injuries sustained by plaintiff’s minor son. The ease was tried before Brill, J., who directed a verdict for the defendant. From an order granting a new trial, defendant appealed.

In proceedings for the construction of a public ditch plaintiffs appealed to the district court for Brown county from the awards of the county commissioners, on the ground that the. amount awarded them respectively for damages was insufficient. The appeals having been tried, the court, Olsen, J., made findings and ordered judgment- in favor of appellant Adams in the-sum of $250, and in favor of appellant Metzen in the sum of $450.

Action in the district court for Ramsey county to recover $10,000 for personal injuries. The case, was tried before I-Iallam, J., and a jury which returned a verdict in favor of plaintiff for $650. 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 foreclose a lien for $172, for work and material furnished in the reconstruction of a certain building. The case was tried before Simpson, J., who made findings and ordered judgment in favor of plaintiffs for $140. From an order denying the motion of defendant Lane for a modification of the order for judgment or for a new trial, he appealed.

Action in the district court for Hennepin county to recover $10,284 for personal injuries. The case was tried before Brooks, J., and a jury which rendered a verdict in favor of plaintiff for $500. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiff from a judgment of the district court for the county of Benton, entered pursuant to the order of Baxter, J., reversing the judgment of a justice of the peace for six cents and costs taxed at $38.23.

Action in the municipal court of Minneapolis to recover $160 for services rendered as a real estate broker. The case was tried before Waite, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying their motion for a new trial, defendants appealed.

Proceeding in the district court for Lyon county to have certain land detached from the city of Tracy. From the judgment and order, Olsen, J.y granting the relief prayed for, the city of Tracy appealed.

Action in the district court for Ramsey county to recover $5,100 for personal injuries. The ease was tried before Bi'ill, J., and a jury which returned a verdict in favor of plaintiff for $750. From the judgment entered pursuant to the verdict, defendant appealed.