Volume 105 — Minnesota Reports

Action in the district court for Ramsey county to recover $15,000 for personal injuries. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $1,500. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Morrison county to recover $700 for damages to plaintiff’s land caused by the deposit of logs, bark and débris upon it in the spring of 1907 in consequence of defendant’s negligence in permitting a log jam to remain in the Mississippi river during the winter.

Action in the district court for Lincoln county between all the owners of land abutting on the bed of a meandered lake, the waters of which had disappeared, to determine their respective boundaries.

Action in ejectment in the district court for Chippewa county by the assignees in trust of the Hastings & Dakota Railway Company against a person who had occupied since 1889 land within the indemnity limit claimed by that company under its land grant. The case was tried before Powers, J., who made findings and ordered judgment in favor of defendant. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Ramsey county to recover $1,846.73, the amount paid for the purchase of certain local improvement certificates issued by defendant which had been declared void in proper court proceedings. From an order, Kelly, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for Renville county to recover $5,100 for assault and battery. The case,was tried before Powers, J., and a jury which rendered a verdict in favor of plaintiff for $1,063. From an order denying- his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $332.-83, the unpaid balance of the agreed price alleged to be due for the construction of a ditch, and for additional work and labor performed thereon. From a judgment entered upon the pleadings pursuant to an order of Brooks, J., in favor of defendant for $117.27, plaintiff appealed.

In the matter of the estate of Bore Anderson, deceased, the probate court of Lincoln county denied a petition of Gina Borenson Hanson for letters of administration thereon. From the order denying the petition, petitioner appealed to the district court for Lincoln county.

Action in the district court for Big Stone county to recover $544 damages for the breach of a contract of sale of certain threshing machinery. The case was tried before Flaherty, J., who at the.close of plaintiff’s testimonjr denied its motion to amend the complaint so as to set up a cause of action for damages sustained in consequence of the breach of contract, and granted defendant’s motion to dismiss the action.

Action in the district court for Hennepin county to recover $1,200 for the breach of a contract. The case was tried before Simpson, J., and a jury which rendered a verdict in favor of plaintiff in the sum of $928.40. A motion for judgment notwithstanding the verdict was denied and that for a new trial was granted unless plaintiff would remit the portion of the verdict above $728.

Action in the district court for Ramsey county to recover $10,000 dariiages for personal injuries. The case was tried before Kelly, J.,- and a jury which rendered a verdict in favor of plaintiff for $2,500. From an order denying its motion for judgment notwithstanding the or for a new trial, defendant appealed.

Action in the district court for Morrison county to recover possession of certain property levied upon by the sheriff or $225, the value thereof. The case was tried before Taylor, J., who directed a verdict 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 Lyon county to recover $2,965 for benefits conferred upon unassessed land by the construction of a ditch. From an order, Olsen, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Action in the district court for McLeod county to recover $550 for rent alleged to be due upon a lease of certain property. The case was tried before Morrison, J., and a jury which rendered a verdict in favor of defendants. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Defendant was convicted in the municipal court of Renville of cutting a certain wire fence and fined $25 therefor. From the judgment of conviction he attempted to perfect an appeal to the district. court for Renville county where Powers, J., granted the state’s motion to dismiss the appeal on the ground that the' appeal bond executed by defendant in municipal court was insufficient.

Action in the district court for Pine county to recover $744.85, alleged to have been wrongfully paid to one Maurice Ring by the defendant when he was acting as treasurer of plaintiff. The case was tried before Crosby, J.; who at the conclusion of plaintiff’s testimony dismissed the action. Prom an order denying a motion for a new trial, plaintiff appealed.

Petition to the district court for Hennepin county praying for a peremptory writ of mandamus directed to defendant as auditor of that county and commanding him, upon payment of the proper amount due him therefor, to execute to the petitioner a proper assignment of the rights of the state of Minnesota to certain lands acquired upon a ■sale for the tax of 1902.

Action in the district court for Winona county to recover $15,000' damages for personal injuries sustained by the fall -of buckets attached to a ditching machine while plaintiff was in defendant’s employ. The case was tried before Snow, J., and a jury. At the conclusion of the testimony defendant moved for a directed verdict in its favor. The motion was denied and the following questions were submitted to the jury, to which it made the answers given respectively therewith. 1.

Action in the district court for Washington county to recover $25,-600 damages for personal injuries caused by defendant’s alleged negligence in failing properly to guard certain machinery in its sawmill. The case was tried before Stolberg, J., and a jury which rendered a verdict in favor of plaintiff for $6,585. A motion by defendant Atwood to vacate the verdict and enter judgment in his favor notwithstanding the verdict was denied.

Petition to the district court for Scott county to have certain agricultural land detached from the borough of Belle Plaine. The borough appeared specially and objected to the jurisdiction of the court. The matter was submitted upon stipulated facts to the court, Morrison, J., who made findings and ordered judgment in favor of petitioner. From a judgment entered pursuant to the findings, the borough of Belle Plaine appealed.

Action transferred from the municipal court of Mankato to the district court for Blue Earth county, brought by the administrator of the estate of John J. Lewis, deceased, to recover from the Singer Sewing Machine Company the sum of $28, alleged to be the rent due upon certain leased premises. The case was tried before Cray, J., •who made findings and ordered judgment in favor of plaintiff for the .amount demanded.

Action in the district court for Freeborn county to recover $400, the amount of a bond given by defendants to pay all expenses in case of failure to establish a county ditch petitioned for. The case was tried before Kingsley, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Hennepin county to recover $3,000 upon a promissory note. Defendant interposed as a counterclaim a claim for damages for the breach of a contract by the terms of which plaintiff had agreed not to sue upon the nóte within a certain time, and that the beginning of this action was the breach thereof. From an order, Simpson, J., overruling plaintiff’s demurrer to defendant’s amended answer, he appealed.

Action in the district court for Ramsey county to recover possession of certain lots. The action was tried and resulted in a judgment in favor of plaintiff as to some of the property and in favor of defendant as to other, and defendant demanded a second trial under the statute in such case provided.

Action in the district court for Steele county by the executrix of the estate of Anna Leslie Higbie, deceased, to recover possession of certain premises, $150-and a further sum equal to the value of the use and occupation, rents and profits of the premises in dispute from January 1, 1906, at the rate of $12.50 per month and also to cancel a certain deed of said premises from the husband of the testator to defendant Pike, and the record thereof.

Action in the district court for St. Douis county to recover $2,000 paid to defendant. The action was tried before Cant, J., and a jury which rendered a verdict in favor of defendant. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Clay county to recover $142.18, the balance due on a note and conditional sale contract for the purchase of a piano. The case was tried before Taylor, J., and a jury which rendered a verdict in favor of plaintiff for $13.50. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover possession of certain personal property or $355, its value. Defendant Daniel J. Molan alone answered. The case was tried before Charles L,. Smith, J., and a jury which rendered a verdict in favor of defendant. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the municipal court of Minneapolis to recover possession of certain personal property, or $150, the value of the same, and $25 damages for detention thereof. The case was tried before Waite, J., and a jury which rendered a verdict in favor of defendant and assessed the value of the property in the sum of $250. 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 by the father of John Mehalek, a minor, to recover $8,500 for personal injuries alleged to have been sustained by his son on account of the negligence of defendant’s flagman in allowing the boy to board a train. Two actions were originally brought, one on behalf of the father and one on behalf of the boy. They were consolidated and tried as one action by stipulation of the parties.

Action in the district court for Hennepin county to recover $15,000 for personal injuries. The case was tried before John Day Smith, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Cottonwood count}'- by the admin-istratrix of the estate of Joseph Hermeling, deceased, to recover $5,-000 damages for the death of her husband alleged to have been caused by the negligence of defendant company’s engineer. The case was tried before P. E. Brown, 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 St. Louis county to recover $2,000 for personal injuries alleged to have been received by reason of defendant’s negligence in furnishing unsafe fuse. The case was tried before Cant, J., and a jury which rendered a verdict in favor of plaintiff for $1,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Becker county to recover $10,000 damages for personal injuries alleged to have been- caused by defendant’s negligence. The case was tried before Baxter, J., and a jury which returned a verdict for plaintiff in the sum of $5,000. From an order denying its motion to set aside the verdict and for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $10,100 •damages for injuries sustained by plaintiff while repairing certain machinery in defendant’s packing plant. The case was tried before Bunn, J., and a jury which rendered a verdict in favor of plaintiff for ,$3,000..

Action in the district court for Hennepin county to recover $1,450, the balance alleged to be due upon án oral contract by which plaintiff was to be paid a commission of fifty cents per acre for all lands sold through his instrumentality. The case was tried before Holt, J., and a jury which rendered a verdict in favor of plaintiff for the amount demanded. From an order denying their motion for a new trial, defendants appealed.

Appeal by defendant from that part of an order of the municipal court of Minneapolis, Charles b. Smith, J., which overruled a demurrer to plaintiff’s first cause of action.

Defendant having been convicted in the municipal court of Renville of the crime of aiming a pistol at Otto Smith, a fine of $25 and costs was imposed and it was ordered that in default of payment defendant be committed to the common jail until the fine was paid, but not to exceed thirty days. From this judgment, defendant appealed on questions of law alone to the district court of Renville county.

Action in the district court for Ramsey county to recover $10,767.-80, the contract price for the construction of five public sewers by William J. Preston. The complaint set up five causes of action, each based upon an assignment to plaintiff of all sums due or to grow due under the terms of the contracts entered into between the contractor Preston and the defendant city.

Action in the district court for Stevens county by the members of the State Board of Control of Minnesota to recover $60, being two-per cent, of the amount derived by the defendant city from the issuance and sale of liquor licenses between April 22, 1907, and January 1, 1908. From an order, Flaherty, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Hennepin county to enjoin the city of Minneapolis and its officers from issuing and disposing of certain sewer bonds aggregating $250,000. From an order, Brooks, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Action in the district court for Polk county to enjoin the city of East Grand Forks and its officers from issuing and selling certain municipal bonds. From an order, Watts, J., sustaining defendants' demurrer to the complaint, plaintiff appealed.

Action in the district court for Polk county to enjoin defendant and its agents from using pumps in defendant’s wells to reduce the level of the water from its normal level whenever such use injures and interferes with plaintiff in the natural use of his well to secure water therefrom for domestic and other purposes; pending this suit to obtain a temporary injunction against defendant restraining it from these unlawful acts, and to recover $3,000 for injury already caused by…

Action in the district court for Hennepin county to recover $10,-000 for the depreciation in the value of a train load of sheep by reason of alleged negligent- handling. The parties to the action are foreign corporations and the main question is whether the statutes of this state were complied with in serving a summons under the circumstances shown. The defendants appeared specially and moved to set aside the service of the summons.

Action in the district court for Stearns county to recover $15,000’ for personal injuries. The case was tried before Taylor, J., and a. jury which rendered a verdict in favor of plaintiff for $9,500. Pursuant to an order granting a motion for a new trial, unless plaintiff should consent that the verdict be reduced to $7,500, plaintiff filed such consent. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover from defendant as surety on two bonds certain sums of money paid by plaintiff'to protect itself from liens filed against its property. Upon the pleadings and stipulated facts the case was submitted to Dibell, J., who found in favor of the plaintiff in the sum of $1,075.79. From a judgment entered pursuant to the findings, defendant appealed.

Defendant was convicted in the district court for Hennepin county of the crime of receiving stolen goods. From an order, Frederick V. Brown, J., denying his motion to grant a new trial, defendant appealed. Appellant was indicted for buying and receiving from Brooks and' Burton copper wire of the value of $30, knowing the same to have been stolen.

Action in the district court for Ramsey county to recover $3,000 for damage to plaintiff’s property alleged to have been sustained by the construction and maintenance of a certain tunnel. The'case was tried before Kelly, J., who at the close of plaintiff’s testimony, dismissed the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county by the administrator of the estate of Alfred Stangeland, deceased, to recover $5,000, for the death of his son. The case was tried before Brooks, J., and a jury which rendered a verdict in favor of plaintiff for $1,400. From an order vacating the verdict and ordering judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the district court for Dakota county to recover possession of certain premises and $1,000 for the wrongful retention there■of. The case was tried before Crosby, J., who made findings of fact and ordered judgment in favor of plaintiffs.

In actions in the district court for St. Louis county supplemental complaints were filed to recover judgments for $1,475.52 and $145.35, respectively, against the City National Bank of Duluth, the garnishee in these proceedings. Crowley Electric Company filed an intervening complaint. The other facts are stated in the opinion.

Action in the district court for Hennepin county to enjoin defendants from using.certain formulas and processes for the manufacture of paint from elaterite which were claimed to be trade secrets and of which plaintiff alleged it was sole proprietor. The case was tried before Dickinson, J., who found in favor of plaintiff. Defendants’ motion for amended findings was denied. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $380' for policeman’s salary from October 7, 1906, to March 21, 1907. The case was tried before John Day Smith, J., who made findings and as conclusions of law found that plaintiff was entitled to judgment in the sum of $210. From an order denying its motion for a new trial,, defendant appealed.

Action in the municipal court of Minneapolis to recover $138.28 alleged to be unpaid upon the purchase price of certain goods. The ■case was tried before Waite, J., who found in favor of plaintiff for the sum demanded. From an order denying his motion for a new trial, defendant Edmund E. Hans appealed.

Case certified from the district court for Scott county, Morrison, J., submitting questions raised by a demurrer to the indictment. They are stated in the opinion.

Action in the district court for Hennepin county to recover $196.-17 for an alleged breach of a contract of employment. The case was tried before Frederick V. Brown, J., and a jury which rendered a verdict in favor of defendants. From an order denying plaintiff’s motion for a new trial, he appealed: '

Action in the district court for St. Louis county to restrain defendants as county commissioners of that county from appointing any person county superintendent of highways. From orders, Dibell, J., granting a temporary injunction and overruling a demurrer to plaintiff’s complaint, defendants appealed.

Action in the district court for Jackson county to recover $20,000 for personal injuries alleged to have been caused by a defect in a corn shredder. Defendants Deering and Howe alone answered. At the close of the evidence the court directed a verdict in favor of defendants Lindsley and Anderson, it appearing that they were only selling agents. The case was tried before Quinn, J., and a jury which rendered a verdict in favor of plaintiff for $5,000.

Action in the district court for Martin county by the administrator of the estate of John Schmitt, deceased, to recover $1,099.51 alleged to be the deficiency due after sale of mortgaged premises upon foreclosure. From an order, Quinn, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Tac qui Parle county to determine adverse claims to certain real estate. The case was tried before Powers, J., who made findings and as conclusion of law found that plaintiff and defendant William J. Bingham respectively were the owners in fee of one half of the land in dispute, but that plaintiff was entitled to the control, use, occupation, and proceeds of all the land during her natural life.

Action in the district court for Ramsey county to recover $10,000 for personal injuries. The case was tried before Hallam, J., and a jury which rendered 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.

Action in the district court for Hennepin county to recover $5,308.21 for the alleged failure to perform the conditions of a certain land contract. From an order, Frederick V. Brown, J., overruling defendant’s demurrer to the amended complaint, it appealed.

Action in the district court for Clay county to recover $1,000 for the alleged wrongful levy of an attachment upon a horse and for damages resulting therefrom. The case was tried before Baxter, J., and a jury which rendered a verdict in favor of plaintiff for $100. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action in the district court for Aitkin county for the specific performance of a contract to convey land. From an order, McClenahan,. J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Clay county against defendants, sureties on a sheriff’s official bond, to recover $167.59, the amount of a judgment obtained by plaintiff against the sheriff of Clay county, for the conversion of certain oats upon which plaintiff held a chattel mortgage. The case was tried before Baxter, J., who found in favor of defendants. From an order denying plaintiff’s motion to set aside the findings and for a new trial, plaintiff appealed.

Action in the district court for Freeborn county to recover $2;350 for personal injuries. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $500. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $50 alleged to be due as rent of certain premises. The case was tried before Charles R. Smith, J., who found in favor of plaintiff for the amount demanded. From an order denying defendant’s motion to vacate the court’s decision and for a new trial, he appealed.

Action in the district court for Hennepin county to recover $25,-300 for personal injuries. The case was tried before John Day Smith, J., and a jury which rendered a verdict in favor of plaintiff for $4,620. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county to determine adverse claims to certain real estate. The case was tried before Dibell, J., who made findings of fact and as conclusion of law found plaintiff to be the owner of the land in controversy. From an order denying, his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to enjoin defendant from doing certain acts on the ground that they constituted unfair competition in trade. The case was tried before Holt, J., who granted an injunction. From an order denying defendant’s motion for a new trial, it appealed.

'Action in the district court for Red Lake county for an accounting. The case was tried before Watts, J., who made findings and as conclusion of law found that plaintiff was entitled to judgment against defendant the First State Bank of Red Lake Falls for the sum of $1,360.93. From an order denying its motion to vacate the findings and order for judgment and for a new trial, defendant the First State Bank of Red Lake Falls appealed.

Action in the district court for Ramsey county to recover $25,-000 for personal injuries alleged to have been caused by the negligence of defendant’s employee in operating a bundle carrier. The case was tried before Bunn, J., and a jury which rendered 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 Ramsey county to recover $3,000 on a contract for settlement of damages caused by personal injuries sustained by plaintiff while in defendants’ employ and engaged in unloading a truck. The case was -tried before Hallam, J., and a jury which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action in the district court for St. Louis county to recover $2,-367.81 upon two causes of action. The first cause of action was for supplies claimed to have been furnished the appellant pursuant to a contract between the parties, whereby the appellant agreed to cut certain timber in Itasca county. The amount claimed under this cause of action was $1,106.83.

Action in the district court for Hennepin county by the trustee for the creditors of an insolvent mutual fire insurance company to recover $919.03 upon an assessment of the policy holders of the company. The case was tried before Holt, J., who found in favor of defendant. A motion for a new trial was denied. From a judgment entered upon the findings, plaintiff appealed.

Action in the district court for Morrison county to enjoin the maintenance by defendants of an obstruction in a certain highway. From a judgment entered pursuant to an order, Taylor, J., dismissing the action, plaintiff appealed.

Action brought in the municipal court of Minneapolis to recover issession of one hundred sixty acres of land. The separate motions : defendants for dismissal on the ground that the complaint did not ate a cause of action were denied by Charles D. Smith, J. The ifendants thereupon pleaded guilty and demanded a jury trial.

Action in the district court for Winona county by the trustee for the creditors of an insolvent mutual fire insurance company to recover from respondent company, as successor of the Empire Lumbei Company of Wisconsin, an assessment of $533.18 claimed to be due upon certain policies of insurance. From an order, Snow, J.,' sus taining a demurrer to the second amended complaint, plaintiff ap pealed.

Defendant was convicted in the municipal court of Minneapolis, Waite, J., of unlawfully selling to one H. S. Toy oleomargarine made and colored to imitate yellow butter. From the judgment of conviction, defendant appealed.

Action in the district court for Stearns county to recover $800 damages for the wrongful use of certain land between November 1, 1902, and September 1, 1906, and for timber wrongfully cut and removed therefrom during that time. At the trial defendant objected to the introduction of any evidence in support of the complaint and moved for judgment on the pleadings. The court, Taylor, J., sustained the motion and dismissed the action.

Defendant was convicted in the district court for Ramsey county, ¡ Bunn, J., of the crime of grand larceny in the first degree. The defendant sued out a writ of error from this court.

Action in the district court for Hennepin county to recover $4,-76.80 upon an employer’s liability insurance policy. The case was •ied before Dickinson, J., and a j’ury. During the trial, plaintiff loved to amend the complaint. Defendant objected to the anaend-lent on the ground that it would introduce a new issue and further ated that if the amendment were permitted a continuance of the ise would be necessary.

Appeal by plaintiff, as administratrix of the estate of Charles D. Shaw, deceased, from an order of the district court for Hennepin county, Brooks, J., denying plaintiff’s motion for a new trial on the ground of newly discovered evidence.

Upon information of the attorney general this court issued its writ of quo warranto directed to Ambrose Hays, requiring him to show by what right he held the office of county superintendent of schools of Le Sueur county.

Action in the district court for St. Louis county to enjoin that county and certain of its officers from issuing and disposing of bonds to the amount of $600,000 for the construction of a court house. From m order, Cant, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Defendant was convicted in the district court for Hennepin county ■ of the crime of rape. From an order, John Day Smith, J., denying a motion for a new trial, defendant appealed.

Application to the district court for Ramsey county upon the relation of the National Bond & Security Company for a writ of mandamus against Fdward G. Krahmer, auditor of Ramsey county, to compel him to issue a notice of the expiration of the time for redemption from a tax sale of a certain lot bid in by the state in 1898.

Action in the district court for Steele county to have a certain certificate of redemption and mortgage held by one Rice decreed to be a •mortgage and subsequent instruments executed by said Rice to be assignments of said lien; to have a deed from said Rice to defendant William Sommers decreed to be an assignment of the lien with the indebtedness secured thereby and to obtain an accounting and a decree that plaintiff is the owner in fee of certain real estate subject to…

Relator was sentenced to pay a fine of one hundred dollars after having been convicted in the municipal court of Duluth of the offense of keeping a licensed saloon open before the hour of five o’clock in die morning. In default of payment, he was committed to the county ¡ail in the custody of defendant, the sheriff of the county.

Action in the district court for Nicollet county by the minor chil-l dren of John Wellner, deceased, by their guardian, to secure a de-l cree adjudging that defendants hold the legal title to the land ini dispute as trustees ex malefirio for the benefit of the plaintiffs, and| that plaintiffs are the owners thereof, one of the grantors of the defendants, the mother of the plaintiffs, having murdered her husbandl to acquire title to the real estate involved.

Proceeding in the district court for St. Eouis county, upon rela-:ion of Job Latshaw, for a writ of mandamus commanding respondents to accept his tender of $15 as advance payment and to proceed :o furnish him gas for his house and to set a meter therein. From a judgment discharging the alternative writ issued and dismissing the proceeding, entered pursuant to the order of Ensign, J., relator appealed.

Action in the district court for Hennepin county to recover $1,170 upon a policy of insurance which purported to insure plaintiff against loss by hail to her crop for five seasons. Plaintiff alleged two causes of action but only the first, which was for loss to plaintiff’s crop by hail occurring on August 19, 1906, was submitted to the jury.

Action in the district court for Hennepin county to recover $2,424-06, alleged to be the amount of defendant’s proportionate share in certain reinsurance upon a fire insurance policy. The case was tried on an agreed statement of facts before John Day Smith, J., who found in favor of defendant. From an order denying plaintiffs motion for a new trial, it appealed.

Action in the district court for Steele county to recover $20,000’ for alleged malicious levy of an attachment. The case was tried before Buckham, J., and a jury which rendered a verdict in favor of plaintiff for $763.12. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Hennepin county to restrain defendant chamber of commerce from transferring a certain membership certificate to William F. Fruen and to obtain a decree entitling plaintiff to a lien upon the ¿ertificate for a sum amounting to $4,300, and to enforce such lien.

Action in the district court for Ramsey county to recover $25,600 for injuries alleged to have been sustained by plaintiff while in defendant’s employ. The case was tried before Kelly, J., who instructed the jury to render a verdict in favor of defendant. From an order denying plaintiff’s motion to set aside the verdict and for a new trial, lie appealed.

Petition by a qualified elector within the Forty-Fourth election district, who received at the primary elections the third highest number of votes cast for candidates for election as representatives from that district, for an order directing the auditor of Hennepin county not to print the name of Alex McNeil, who at the same election received the second highest number of votes cast, upon the official bal lot to be used at the general election on November 3, 1908, on the…

Action in the district court for Otter Tail county to recover $402.75 for the breach of contract to purchase certain machinery. The case was tried before Baxter J., who at the close of plaintiff’s testimony dismissed the action. From an order denying a motion for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover possession of a bay mare or $140, the. value thereof, and $200 damages for the detention. The case was tried before C. L. Smith, J., and a jury which rendered a verdict in favor of plaintiff for the immediate return of the property and in ease it could not be returned for the sum of $140. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Clay county by the administrator of the estate of T. O. Thompson, deceased, to compel defendant to account for sums of money left with him by the deceased for safe keeping. The case was tried before Baxter, J., who made findings and ordered judgment in favor of plaintiff for $1,286. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $200, the value •of medical services rendered plaintiff and $200 the amount that defendant agreed to pay plaintiff for his services as an expert witness for defendant. The case was tried before Bunn, J., and a jury which rendered a verdict of $25 in favor of plaintiff on the first cause of action, and a verdict of $200 on the second cause of action.

Action in the municipal court of Minneapolis to recover $162.50, amount alleged to be due upon the purchase price of certain merchandise. The case-was tried before Waite, J., who found in favor of plaintiff in the sum demanded. From an order denying his motion for a new trial, defendant Edmund E. Hans appealed.

Action in the district court for Clay county by the administrators of the estate of Thomas H. Canfield, deceased, to recover $118.25 for the conversion of certain grain covered by a chattel mortgage. The case was tried before-Baxter, J., who found in favor of defendants. From an order denying plaintiffs’ motion to set aside the findings and for a new trial, they appealed.

Action in the district court for Ramsey county to recover $680 which it was alleged defendant had agreed to retain for plaintiff and his assignor out of amounts due from the defendant to one Harris on the sale of certain live stock. The case was tried before Brill, J., and a jury which rendered a verdict in favor of plaintiff for $581.35. From an order denying defendant’s motion for a new trial, it appealed.

Action in ejectment in the district court for Todd county to recover possession of a quarter section of land and the sum of $100 per year from June 2, 1905, to the date of the restoration of the premises. From an order, Taylor, J., overruling plaintiff’s demurrer to the answer, it appealed.