Volume 106 — Minnesota Reports

Action in the district court for St. Louis county to recover $5,604 for the conversion of certain saw logs. The case was submitted upon stipulated facts to Ensign, J., who made findings and ordered judgment in favor of defendant. From the judgment entered thereon, plaintiff appealed.

Action in the district court for Hennepin county to recover $10,-000 for personal injuries. The case was tried before Brooks, J., and a jury which rendered 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 St. Louis county to recover $330.-81, the balance alleged to be unpaid upon a contract for painting and decorating a certain house. Defendants set up a counterclaim that the work was not done in a workmanlike manner. The case was tried before Ensign, J., and a jury which rendered a verdict in favor of plaintiffs for $277.21. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action commenced in justice court to recover $9.31, the value of a barrel of gasolene and prepaid freight charges alleged to have been shipped to plaintiff by the Shell Rake Boat Company from St. Paul over defendant’s road. The case was tried before a justice of the peace without a jury and judgment rendered in favor of plaintiff. Thereafter defendant appealed on questions of law alone to the municipal court of St. Paul, Hanft, J., which affirmed the judgment of the justice.

Action in the district court for Hennepin county to recover $659.86, amount alleged to have been paid out and for commissions earned by plaintiffs as agents for defendant in the purchase and sale of wheat. The case was tried before Brooks, J., who directed a verdict in favor of defendant. From an order denying plaintiffs’ motion for a new trial, they appealed.

Petition by relator praying for an order directing the county auditor of Isanti county not to print upon the official ballot to be used at the general election on November 3, 1908, the name of Joseph K Johnson as candidate for election to the office of county superintendent of schools.

Action in the district court for Ramsey county to determine adverse claims to certain real estate. The defendant alleged title under an assignment of a certificate of sale by the city of St. Paul issued in the matter of assessment for grading East Third street in that city. The case was tried before Kelly, J., who found in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

•• Action in the district court for Hennepin county against Hugh R. Scott, as county auditor of that county, and the Central Real Estate Company, and the county of Hennepin, to determine adverse claims to land. The adverse claims were based on a purchase by defendant Company at the forfeited tax sale in 1906. The other facts are stated in the opinion.

Action in the district court for Goodhue county to recover $10,500 for personal injuries alleged to have been caused by the explosion of a large quantity of dynamite in a drill hole in defendants’ stone quarry. The case was tried before Williston, J., and a jury which rendered a verdict in favor of plaintiff for $3,500. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action appealed from justice court to the district court for Mille Raes county to recover $50 for damages to a certain sidewalk caused by leading a horse over it. The case was tried before Taylor, J., and a jury which rendered a verdict in favor of plaintiff for two dollars. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied and from a judgment for the amount of the verdict and $43.02 costs entered against him, he appealed.

Action begun in the municipal court of Duluth to recover $80, the balance due upon a certain contract for purchase of a computing scale, and $20 additional for certain railroad charges. Defendant answered setting up a counterclaim for a breach of warranty, alleging that the scale delivered to him was worthless and demanded judgment for $130. The case was tried before Windom, J., and a jury which found in favor of defendant for the sum of $30.

Action in the district court for Ramsey county to recover $30,000, for personal injuries alleged to have been sustained by the infant plaintiff through defendant’s negligence. At the close of the testimony defendant made a motion for a directed verdict which was denied. The case was tried before Hallam, J., and a jury which rendered a verdict in favor of plaintiff for $26,000.

Action in the district court for Pine county to compel defendant town to contribute $2,138.66, its proportion of an indebtedness of the plaintiff town, existing at the time defendant town was set off from plaintiff. From an order, Stolberg, J., overruling its demurrer to paragraphs 3 and 4 of defendant’s answer, which set up that the town of Norman was liable for its proportion of the indebtedness claimed in the complaint, plaintiff appealed.

Action in the district court for Ramsey county for an accounting between plaintiff and defendant, for the purpose of ascertaining the accurate number of copies of a certain periodical printed by defendant for plaintiff, pursuant to its contract, and also to determine all sums which plaintiff has paid defendant on' account of the contract and that plaintiff have judgment against rUfendant for the amount in excess of the amount due defendant which plaintiff has paid.

Action in the district court for Polk county to recover $412.70, damages for the alleged detention of certain cattle while the cattle were in defendant’s possession as a common carrier. The case was tried before Watts, J., and a jury which rendered a verdict in favor of plaintiff for $14.70. From an order denying his motion to set aside the verdict and for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $16,396.-70 for breach of contract. Subdivision 13 of the contract provided that in case of delay on defendant’s part in equipping the plant for manufacturing, the period of such delay shall be calculated as part of the .period for which an option to purchase the invention was given.

Defendants were stockholders in the Guaranty Petroleum & Gas Co., and in order to enable the corporation to borrow money upon its promissory notes, they executed a guaranty in writing, to the effect that they would be responsible for all sums not exceeding $10,000 borrowed upon the corporation’s promissory notes, and all renewals and extensions of such- notes.

Action in the district court for Ramsey county to recover $20,000, for personal injuries, alleged to have been caused by defendants' negligence in storing certain dynamite where plaintiff was employed. The case was tried before Hallam, J., and a jury which rendered a verdict in favor of plaintiff for $8,000. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action in the district court for Hennepin county to recover $20,000 for personal injuries alleged to have been sustained while in one of< defendant’s cars by a collision with another car. The answer admitted defendant’s negligence and tendered judgment in the sum of $400 which tender was refused on the ground- that the amount was ridiculously inadequate for the injuries sustained.

Upon complaint in the municipal court of St. Paul for violation of city ordinance No. 2724 entitled: “An ordinance regulating the sale of intoxicating liquors and licensed liquor dealers,” by serving a free lunch in his saloon, defendant was acquitted, the court, Hanft, J., holding that the ordinance was unconstitutional. From the judgment entered, the city of St. Paul appealed.

Action in the district court for Sibley county to recover certain premises which plaintiff had conveyed to defendant, his daughter, upon her agreement to support him during his life.

Defendant corporation becoming insolvent Charles E. Hamilton was appointed receiver of its property in an action in the district court for Ramsey county, and given express authority to enforce the constitutional liability of its stockholders by means of an assessment ordered pursuant to Laws 1899, c. 272.

Action in the district court for St. Louis county to recover $1,516.67, the difference between the amount paid by defendant to plaintiff and the amount due upon a sale of the undivided interest in land described in the opinion. The action mentioned in the opinion as having been compromised was an action by Daniels against Eliza A. Maxim to recover the parcel of land described.

Action in the district court for Waseca county to recover $800 for personal injuries alleged to have been caused by a defective sidewalk in defendant city. The.charter of the city of Waseca exempts the city from liability for damages in such case, unless it shall have had written notice of the defect at least ten days before the injury. The complaint did not allege such notice.

Action in the district court for St. Louis county to recover $3,500 actual damages, the value of a stock of goods and other personal property claimed to have been converted by defendants, and $3,000 special damages for loss of expected profits. The case was tried before Ensign, J., and a jury which rendered a verdict in favor of plaintiff for $2,032. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Defendant was indicted in the district court for Crow Wing county for the felonious killing of one Albert Hagadorn and was convicted of murder in the third degree and sentenced to state prison for twenty-five years. The facts are stated near the end of the opinion. From an order, McClenahan, J., denying defendant’s motion for a new trial, he appealed.

Action in the municipal court of Minneapolis to recover $105 upon a life insurance policy. The case was tried before Waite, J., who directed a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Carver county to restrain defendant from draining Clearwater lake below the ordinary stage of water by an artificial ditch and requiring him to fill up and restore the natural outlet to the lake to its former condition, and to restrain him from thereafter lowering the outlet, and for $1,000 damages.

Action in the district court for Rice county to recover $5,000 damages for an alleged breach of contract and to retrain defendants from engaging in the laundry büsiness within a radius of five miles from the city of Northfield. From an order, Buckham, J., overruling defendants’ demurrer to the complaint, they appealed.

Action in the district court for Ramsey county to determine adverse claims to certain land. The case was tried before Hallam, J., who found that plaintiff was owner in fee simple of the premises described. Erom an order, denying defendant’s motion for a new trial, he appealed.

Action in the district court for Red Rake county to enjoin defendant, as county auditor of that county, from calling a meeting of the board of county commissioners to act upon and consider a certain petition for removal of the county seat from the city of Red Lake Falls to the city of Thief River Falls. A. P. Toupin, a taxpayer, intervened. A temporary injunction was issued.

Action in the district court for Hennepin county to restrain defendants from conducting a retail furniture and undertaking business in the city of Minneapolis, and for damages. Upon the verified complaint and certain affidavits and the verified answers and counter affidavits an order, Frederick V. Brown, J., was granted denying an injunction against defendant the Sundseth Furniture & Undertaking Company, but granting a temporary injunction against defendant Andrew Sundseth.

Action in the district court for Ramsey county to recover $2,000 for personal injuries alleged to have been sustained by plaintiff while unloading ice of defendant ice company from a broken and defective car of defendant Chicago, St. Paul, Minneapolis & Omaha Railway Company. Plaintiff was paid $40 by the defendant ice company and the case was dismissed as to that defendant before the trial.

Relator having been convicted of petit larceny in the municipal court of Bemidji obtained from the district court for Beltrami county a writ of habeas corpus directed to the sheriff of that county. Return having been made, the writ was discharged, Stanton, j. From the order discharging the writ, relator appealed.

D. T. Quealy, who alleged that he was duly nominated by a majority of votes of the Democratic party in Dakota county for the office of county treasurer of that county and was a candidate on the Democratic ticket for election to that office, petitioned the district court of that county for an order restraining the county auditor of that county from placing the name of Louis ,P. Warweg on the official ballot to be used at the general election on November 3, 1908, as a…

Action in the district court for Hennepin county to recover $12,600 damages for personal injuries sustained by plaintiff’s infant daughter through the alleged negligence of defendant’s servant. The case was tried before Frederick V. Brown, J., and a jury which rendered a verdict in favor of plaintiff for $100.

Action in the district court for Blue Earth county to enjoin defendant city and its officers from building or causing to be built a certain bridge. From an order, Cray, J., discharging an order to show cause and vacating and setting aside the temporary restraining order, plaintiff appealed.

After the decision upon the former appeal (103 Minn. 129) the question whether the former receiver of the insolvent Germania Bank of St. Paul was liable for negligence in his office was tried in the district court for Ramsey county before Olin B. Lewis, J., who found that by reason of the neglect of the former receiver to bring suits 'against certain stockholders to enforce their liability under the assessment made on September 17, 1903, the estate lost $31,012.50 and…

Action in the district court for Itasca county to recover $50,000 damages for personal injuries. The case was tried before McClenahan, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. Defendant’s motion for judgment notwithstanding the verdict was denied. From a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county to recover $6,256.27, as unpaid percentage of certain items of gross earnings from the year 1899 to 1904, inclusive, which defendant company failed to return to the proper state officials for purposes of taxation.

Action in the district court for Fillmore county. After the former appeal reported in 103 Minn. 110, judgment was entered in favor of defendant. Defendant’s motion to strike plaintiff’s demand for a second trial from the files was granted, Kingsley, J., and from the order granting it, plaintiff appealed.

Action in the district court for Sibley county to foreclose a mechanic’s lien upon real estate owned by Noack, in which action Rucht and Moskop were joined as defendants. In their answer they alleged facts showing that they also had a mechanic’s lien upon the premises and asked to have it foreclosed.

Action in the district court for Pipestone county upon the statutes of North Dakota to recover $25,000 for the death of plaintiff’s husband caused by the negligence of defendant. The case was tried before P. F. Brown, J., and a jury which rendered a verdict in favor of plaintiff for $14,982. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Petition to the district court for Redwood county for a writ of certiorari to the board of county commissioners of that county, and the county auditor as clerk thereof, to review the action of the board in establishing a certain ditch. The facts are stated in the opinion. The writ was granted, and on the return day the defendants appeared specially and moved to dismiss the writ.

Action in the district court for Grant county to recover possession of certain grain threshed by plaintiffs, on which they had filed a threshers’ lien, or for $250, the value thereof, and $100 damages. The case was tried before Flaherty, J., who directed a verdict in favor of plaintiffs that they were entitled to the possession of certain flax or the sum of $138.49.

Action in the district court for Houston county for a decree directing defendant to open and maintain a suitable 'road under its railroad, for the use of plaintiff for teams, cattle and farm stock, and for $800 damages. The case was tried before Kingsley, J., and a jury which rendered a verdict in favor of plaintiff for $25. , From an order granting defendant’s motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in the district court for Becker county to recover $312.19, balance alleged to be due for material furnished to the contractor of defendant’s school building. The case was tried before Taylor, J., and a jury which rendered a verdict in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to restrain the defendant from enforcing the balance of a certain judgment against said plaintiff and in favor of one Charles T. Northrup, on the ground that the judgment was obtained solely by perjury. From an order, Brooks, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for St. Louis county to recover $649.20 alleged to be due for the preparation, at defendant’s request, of a typewritten copy of a large amount of testimony taken before the Interstate Commerce Commission in a certain grain investigation. The case was tried before Dibell, J., and a jury which rendered a verdict in favor of plaintiff for the amount demanded. From áñ order setting aside the verdict and granting a new trial, plaintiff appealed.

Defendant was convicted in the municipal court of Minneapolis of practicing dentistry without a license. From an order, Waite, J., denying a motion for a new trial, he appealed.

Action transferred to the district court for Stearns county to recover $2,750 upon defendant’s check, payment of which had been stopped by him. The case was tried before Taylor, J., and a jury which rendered a verdict in favor of defendant. From an order denying plaintiff’s motion for judgment in his favor notwithstanding the verdict, he' appealed.

Action in the district court for Polk county to restrain defendants from further maintaining their obstructions and 'buildings upon certain property and from making any further obstructions thereon, which property was alleged to be a public highway.

Action in the district court for St. Louis county to recover $1,999 ■ for personal injuries received while employed by defendant. The case was tried before Cant, J., and a jury which returned a verdict for $375 in favor of' plaintiff. From orders denying its motion for judgment notwithstanding the verdict and granting a new trial, defendant appealed.

Action in the district court for Polk county to recover $4,821.91 upon a paving contract as evidenced by certain estimates for work allowed and issued. The facts are stated in the opinion. .From an order, Watts, J., sustaining a demurrer of the defendant to the complaint, plaintiff appealed.

Action in the district court for Polk county to recover $80, ten months’ unpaid rent under a written lease.

Action in the district court for St. Louis county by the administrator of the estate of Hjalmar Laukkonen to recover $5,000 for his wrongful death. From an order, Dibell, J., overruling its demurrer to the complaint, the Oliver Iron Mining Company appealed.

Action in the municipal court of Renville to renew a judgment ■entered July 24, 1897, a transcript of which was filed in the district •court for Renville county. An appeal was taken to the district court for that county where it was tried before Powers, J., who made findings and ordered judgment in favor of plaintiff. From an order denying a new trial, defendant appealed.

Action in the district court for Freeborn county to recover $15,-000 for personal injuries. The answer set out a written release and discharge by plaintiff of any and all claims or demands of any and every kind against defendant which he had executed in consideration of $250 and the payment of his hotel and doctors’ bills. The case was tried before Kingsley, J., and a jury, which rendered a verdict for $3,000 for plaintiff.

Upon the application of Copper Butte Mines, a corporation, and Frank Bates to the district court for Hennepin county for a writ of mandamus directed to William F. Guertin requiring the latter to deliver to the petitioner Bates the corporate seal, register of shares, books of account and other property of the corporation, an alternative writ was issued.

Action in the district court for Polk county to recover $5,000 for personal injuries. The alleged negligence is stated in the opinion. The case was tried before Watts; J., and a jury which rendered a verdict in favor of plaintiff for $1,750. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the municipal court of Minneapolis to recover $500 for personal injuries. The street at the place of the accident was eighteen feet wide from the outside rail of the track to the curb. The case was tried before Charles L. Smith, J., and a jury which returned a verdict in favor of plaintiff for $225. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $2,000 for personal injuries. The case was tried before Frederick V. Brown, J., and a jury which returned a verdict of $300 in favor of plaintiff: From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed. The rule in Harpel v. Fall, 63 Minn. 520, has never been departed from in this state. In Widing v. Penn Mut. Fife Ins.

■ Action begun before a justice of the peace to recover wages alleged to have been earned while acting as sleeping car porter. The defendant appeared specially and moved to set aside the service of the summons on the ground that the person on whom the attempted service was made was not its agent.

Action in the district court for Scott county to restrain defendant town from allowing an overflow of water from a certain meandered lake within the town, and requiring it to close “a hole into and through the north bank of said O’Dowd’s lake in said highway several feet below the surface of said lake whereby” water was allowed to flow out of said lake, and for $1,000 damages.

In. an action in justice court Peter Scheuer was served with garnishee summons and the garnishee disclosed an indebtedness. At the time of disclosure the Minneapolis Threshing Machine Company, as claimant under a chattel mortgage, was made a party to the proceeding and issue was joined between plaintiffs and claimant. The defendant defaulted and' the justice rendered judgment in favor of plaintiffs and against the claimant.

Action in the district court for Ramsey county by the trustee of the trust estate of Eugene St. Julien Cox under the last will and testament of William S. Cox, deceased, to recover $54, the unpaid balance of interest due November 20, 1905, on four promissory notes of nine hundred dollars each made by Albert Scheffer in favor of the trustee and indorsed by the defendants in this form: “In consideration of our discharge from liability as sureties on the bond of Albert Scheffer…

Action in the district court for St. Louis county against Northern Pacific Railway Company, George W. Nesbitt, Henry W. Verbon■coeur, G. Edward Harper and Edward M. Guyer, to recover $50,000 for personal injuries. Nesbitt was engineer and Harper was foreman of the switch crew running the engine and freight car which collided with plaintiff’s engine. The case was tried' before Ensign, J., who directed a verdict in favor of defendant Verboncoeur.

Action in the district court for Polk county for damages caused by the diversion of surface water. After a new trial was granted upon the former appeal, (101 Minn. 183) the case was tried before Watts, J., and a jury which found in favor of defendant. From an order denying plaintiffs’ motion for a new trial, they appealed.

Defendant was arraigned in the municipal court of Minneapolis upon the entry in the judge’s docket set out in the opinion and pleaded not guilty. Before the trial a formal complaint of similar tenor was sworn to.

Action in the district court for Ramsey county to recover $24,979.-42, the unpaid balance due to the state from the defendant upon its gross earnings for the year 1905 at the rate of four per cent.

Action in the district court for Ramsey county to recover $120,-737.38, the unpaid balance of the tax upon the gross earnings of defendant company for the year 1905, computed at four per cent.

Action in the district court for Ramsey county to recover $20,000 for personal injuries. The case was tried before Hallam, J., and a jury which rendered a verdict in favor of plaintiff for $500. Prom the judgment entered pursuant to the verdict, defendant telegraph company appealed.

Action in the district court for Traverse county to restrain defendant from casting water upon plaintiff’s land, and from interfering with the ditches of plaintiff, and for $933 damages caused to plaintiff’s crops and land by the flow of water in the years 1903, 1904, 1905 and 1906 from defendant’s land due to defendant’s opening several ditches.

Application to the district court for Ramsey county by George S. Innis, as trustee under a trust created by the last will and testament of Julia A. R. Flint, deceased, for the allowance of his account and for an order allowing a sale of certain household effects in his hands. The. terms of the trust are stated in the opinion.

Action in the district court' for Hennepin county by the administratrix of the estate of Thomas Vaillancour, deceased, against the Minneapolis &' St. Louis Railroad Company and The Railway Transfer Company of the City of Minneapolis to recover $5,000 for the death •of plaintiff’s intestate. The tracks and bumping posts mentioned in the ■opinion were owned and repaired by the railroad company. The switching of cars was done by the transfer company.

Upon the petition of Mahala A. Brennin to the probate court for Grant county, George M. Blandin was by that court removed from his office as executor of the last will and testament of Viola M. Dunn, deceased. From this order he appealed to the district court for Grant county.

Action in the district court for Wright county to have a certain deed canceled on the ground that it was obtained by false representations and promises, and to recover $487. The case was tried before Giddings, J., who made findings of fact and ordered a cancellation of the deed, that plaintiff pay to defendant the sum of $713 and defendant have a lien upon the premises to secure that sum, and that upon its payment plaintiff become the owner of the lands.

Action by four plaintiffs in the district court for Stearns county to compel three defendants to fill up a certain ditch and to enjoin them from maintaining the ditch, from discharging the waters from certain sloughs upon plaintiffs’ lands, and to recover $100 each, damages already sustained by the overflow of water from the ditch upon their lands. From an order, Taylor, J., overruling defendants’ separate demurrers to the complaint, they appealed.

Action in the district court for Hennepin county to recover $1,-000 for services rendered as real estate broker. The case was tried before Brooks, J., who dismissed the action at the close of the testimony. From an order denying a motion to vacate the order dismissing the action and to grant a new trial, plaintiff appealed.

Defendant was convicted in the district court for Big Stone .county under R. R. 1905, § 1519, of selling intoxicating liquor in less ■quantity than five gallons without a license, and sentenced to the common jail for forty five days, and to pay a fine of $75 and costs. From an order, Flaherty, J., denying defendant’s motion for a new trial and from the judgment of 'conviction and sentence, 'he appealed.

After a new trial was ordered upon the former appeal (102 Minn. 399), the case was again tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order granting defendant’s motion for judgment notwithstanding the verdict, plaintiff appealed.

Action on a written lease in the municipal court of Minneapolis for the restitution of the leased premises. The defense set up that defendant was occupying the premises under an agreement with plaintiff’s husband for a sale of the property and not under a lease, and had paid much more than the reasonable rental value of the premises. The case was tried before Waite, J., and a jury, which returned a verdict in favor of defendant, pursuant to which judgment was entered.

Action in the district court for Hennepin county' by the administrator of the estate of Anton Hanson, deceased, to recover $5,000 for the death of his intestate. The specific allegation of negligence in the complaint and the ground of negligence on which the case was submitted to the jury are stated in the fourth paragraph of the opinion.

Action in the district court for Swift county to quiet title. The defendant claimed title under a sale of the land for taxes delinquent for the year 1897. The case was tried before Qvale, J., who made findings and ordered judgment in favor of defendant. From a judgment entered pursuant to such order, plaintiffs appealed. The form of the sheriff’s return upon the notice of expiration of time to redeem is given in the opinion.

By chapter 168, Laws 1905, the legislature proposed an amendment to article 9 of the constitution to take the place of sections 1, 2, 3, 4 and the amendment added in 1896, the proposed amendment being commonly called the tax amendment. By chapter 212, Laws 1905, the legislature proposed an amendment to section 16 of article 9 of the constitution, commonly called the good roads amendment.

Action in the district court for Ramsey county. The character of the action and of the defense is stated in the opinion. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $554.23. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he-appealed.

Action in the district court for McLeod county by,William Patterson, by the guardian of his person and estate, to recover $5,543 for personal injuries sustained by plaintiff while in the employ of the defendants. The case was tried before Morrison, J., and a jury which returned a verdict in favor of plaintiff for $2,500. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action begun in the district court for Scott county to set aside a sale of certain premises on execution, because they constituted the plaintiff’s homestead when the judgment was recovered and the land was sold. By stipulation of the parties the case was transferred to Ramsey county where it was tried before Orr, J., who made findings and ordered judgment in favor of plaintiff. From an order denying a new trial and from the decree in favor of plaintiff, defendant appealed.

Petition to the district court for Ramsey county by John A. Lager-man, as receiver of the insolvent Germania Bank of St. Paul, praying for the annulment of an order dated May 27, 1904, which was entered pursuant to the decision and mandate in the case of Willius v. Mann, 91 Minn. 494, and restrained the receiver from enforcing an assessment against stockholders in that bank secondarily liable to the creditors, and praying that he be ordered to distribute to the creditors a…

In the matter of the estate of Severt K. Rong, deceased, the probate court for Goodhue county entered a final decree of distribution assigning the residue of the estate to a certain charitable corporation as sole devisee and legatee of the decedent, subject to the execution of a certain express trust contained in testator’s will. From this order, Soffi Rong appealed to the district court for Goodhue county.

Action in the district court for Ramsey county to recover $1,205 for professional services performed by plaintiff’s assignor at the request of defendant. Judgment was entered by default on December 24, 1907. On March 19, 1908, defendant appearing specially and moving to set aside the attempted service of. summons and complaint and to vacatfe the judgment on the ground that defendant never obtained jurisdiction-of him, obtained an order to show cause.

Action in the district court for Steele county for malicious prosecution of plaintiff in complaining withoüt probable cause that plaintiff had committed the crime of grand larceny in the second degree by stealing 150 bushels of oats the property of defendant. The case was tried before Buckham, J., and a jury which returned a verdict in favor of plaintiff for $75. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Oscar C. Snortum, the nominee of the Republican party tor the office of sheriff of Yellow Medicine county, for the purpose of making a contest appealed to the district court for that county from the count and canvass of votes by the county canvassing board made on November 7, 1908, declaring G. O. Homme to have received the largest number of votes for and to be elected sheriff of that county, and from the statement of that board made and filed with the auditor of the county…

Action in the district court for Ramsey county to recover $500 damages for deceit in inducing plaintiff to purchase an interest in a mining lease. The case was tried before Olin B. Lewis, J., and a jury which rendered a verdict in favor of plaintiff for $485. From an order granting defendant’s motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in the district court for Yellow Medicine county to determine adverse claims to certain lands. The answer admitted that plaintiff was in possession of the premises and set up that defendant claimed an interest in them under the contract of March 12, 1904, mentioned in the opinion, and had been at all times ready to accept and pay for a deed of the same.

Action in the district court for Waseca county to obtain an accounting between.plaintiff and defendant and to compel defendant to deliver to plaintiff one half of certain money, bonds and shares of stock alleged to have been received by him as trustee for the plaintiff. The facts, as found by the trial court, are stated in the opinion.

Appeal by Mary Mayer, as administratrix of the estate of John C. Mayer, deceased, to the district court for Ramsey county from an order of the probate court denying her petition as the widow of deceased for the allowance of $500 selected by her out of certain moneys received for and' on account of the wrongful death of deceased.

Action in the municipal court of St. Paul to recover possession of certain, chattels, or the sum of $200, the value thereof in case a delivery could not be had, and $25 damages. Defendant Miller alone answered. The facts were stipulated and are stated in the opinion. The case was tried before Finehout, J., who made findings of fact and as conclusions of law found that plaintiff was entitled to judgment.

Action in the district court for Ramsey county by the administratrix of the estate of S. R. Searfoss, deceased, to recover $5,000 for the death of her intestate. The case was tried before Hallam, J., and a jury which returned a verdict for plaintiff for .the amount 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 Sibley county by Frederick, one of the sons of Peter Wherley, Sr., deceased, against the widow, the executrix and the children of his brother Peter, deceased, and the second husband of the widow, to have a lien, on certain land, created by the will of his father and decreed by the probate court, adjudged to be paid in full and discharged of record. The facts are stated in the opinion.

Action in the district court for Scott county, by the representative •of the estate of Emil Miller, deceased, to recover $5,000 damages for the death of her intestate. The case was tried before Morrison, J., who dismissed the action at the close of plaintiff’s case. From an order denying her motion for a new trial, plaintiff appealed. Miller was entitled to warning of approaching trains as a duty on the part of defendant.

Petition in the probate court for McL,eod county to establish a certain instrument as the will of George W. Hall, deceased. Certain heirs of deceased contested the establishment of so much of the instrument as made provision for the divorced wife of deceased. From an order allowing and admitting to probate all thereof except as contested, she appealed to the district court for McL,eod county. The case was tried before Morrison, J., who found for contestants.

Action in the district court for Morrison county against the Town of Ripley, Joseph Raborie, Eric Poissant, Jule St. Onge and John Odette, to recover the sum of $300 damages to plaintiff’s crops in the years 1905, 1906 and 1907, to restrain defendants from destroying or interfering with any dam or'embankment which plaintiff may construct on her land, and to require defendants St. Onge, Town of Ripley and Odette to fill up a ditch cut through the natural ridge between the…

Prior to 1907 defendant club was never required to take out a license to sell liquor. At that time the public authorities notified it to do so. The question whether it was required to do so was thereupon submitted to the district court for Ramsey county on an agreed statement of facts. The court, Kelly, J., decided in favor of defendant, and from the judgment entered, plaintiff appealed. The transaction was a sale.

Action in the district court for St. Louis county to recover $5,649.80 for the conversion of certain saw logs. The case was submitted upon stipulated facts. From the judgment in favor of defendant, entered pursuant to the order of Ensign, J., plaintiff appealed.

Action in the district court for Blue Earth county to determine adverse claims to two lots of land. The facts are stated in the opinion. The case was tried before Cray, J., who found that plaintiff was the owner in fee simple of the land described and ordered judgment in his favor. From the judgment entered pursuant thereto, defendants appealed.

Action in the municipal court of St. Paul, to recover $278.50 for services. The case was tried before I-Ianft, J., who found for plaintiff in the sum of $250. From an order denying its motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $301.41. The case was tried before Waite, J., who directed a verdict in favor of plaintiff for $278.60. Ftom an order denying a motion for judgment notwithstanding the verdict or for a fiew trial, defendant appealed.

Action in the district court for Stevens county to recover $200, the unpaid balance upon the purchase price of certain land. The case was tried before Flaherty, J., and a jury which rendered a verdict in favor of plaintiff for $212.65. From an order granting defendant’s motion for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $150 for rent of a certain carriage. The case was tried before Charles L. Smith, J., and a jury which rendered a verdict in favor of plaintiff for $150.75. The defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for St Louis county by a taxpayer against the, board of trustees of School District No. 19 in that county for an injunction restraining them from issuing and executing any bonds, orders of any kind, or form of indebtedness, by reason of any action taken at a certain special school-election in that school. district held on January 18, 1908, the district having voted to issue its bonds to the amount of $15,000., At the hearing upon an order to show…

Action in the district court for Lincoln county to recover $1,000 as one half the profits of a sale of real estate bought by plaintiff and defendant jointly. The answer set up an agreement by defendant to sell the land and to reimburse plaintiff to the whole amount of his investment, while if the selling price were greater than the cost price the defendant was to receive the excess over the cost price as his commission for making the sale.

Action in the district court for Itasca county to reform a deed. Pursuant to stipulation between the parties the court ordered judgment to be entered in accordance therewith, and judgment in favor of defendants was so entered on October 13, 1906, by which plaintiffs were required to convey to defendant William E. Neal the premises described in the decree, and in case of failure so to convey, the record of a certified copy of the decree was to have the effect of a conveyance.

Action in the district court for Hennepin county to recover $1,500 for breach of contract. Defendant Paul'H. Gotzian demurred to the complaint and from an order, Brooks, J., overruling the demurrer, he appealed.

Action in the district court for Dakota county to recover $5,050 for assault. The answer set up that defendant ejected plaintiff from his hotel because of the latter’s disorderly conduct, but with no more force than necessary. The case was tried before Crosby, 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 district court for Lyon county to recover from Robert Miehaelis $172.62 for goods sold and delivered, in which action Henry Meehl, the vendee of an alleged fraudulent sale of. the goods, was garnisheed. Judgment was rendered in favor of plaintiffs in the main action.

Action in the district court for Ramsey county to recover possession of plaintiff’s law library and office furniture or $1,500, the value thereof. Defendant’s answer denied that plaintiff had any interest, either as owner or otherwise, in the property, admitted that defendant in 1905 executed a chattel mortgage and note for $1,000 upon the property, alleged full payment of the note and denied plaintiff either owned or possessed it. Payment was denied in the reply.