Volume 107 — Minnesota Reports

Action in the municipal court of Duluth to recover $317 for medical services rendered at the request of defendant to a third person. The case was tried before Windom, J., who found in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed to the district court for St. Douis county and from an order of that court, Cant and Dibell, JJ., affirming the order of the municipal court, plaintiff appealed.

Action in the district court for Ramsey county against the Wisconsin Central Railway Company and the Chicago, Milwaukee & St. Paul Railway Company to recover $25,000 for personal injuries sustained by plaintiff while in the employ of defendant Central Company. The case was tried before Olin B. Lewis, J., who directed a verdict'in favor of the Central Company, and a jury which rendered a verdict against the St. Paul Company for $16,000.

Action by the administratrix of Mary Plehan, deceased,, in the district court for Stearns county against Thomas S. McClure, Charles A. Bernick and George R. Whitney, to recover possession of personal property or $1,000, the value thereof. The substance of the pleadings is stated in the opinion. The case was tried before Baxter, J., who made findings and ordered judgment in favor of plaintiff.

Action in the district court for Freeborn county to recover $1,000 upon a contract of insurance. The case was tried before Kingsley, J., and a jury which rendered a verdict in favor of plaintiff for $1,060. From an order denying defendant’s motion for judgment notwithstanding the verdict, it appealed.

Action in the district court for Hennepin county to recover $5,000 for personal injuries. The. case was tried before Holt, J., and a jury, which returned a verdict in favor of plaintiff for $4,000. 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 $1,000 upon a benefit certificate. The case was tried before Brill, J., and a jury which on March 5, 1908, returned a verdict in favor of plaintiff for $1,048.33, and a stay of forty days was entered. On May 2, 1908, defendant moved for judgment notwithstanding the verdict or for a new trial. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county by the administrator of the ..estate of Carl Peters, deceased, to recover $1,800, balance due upon a promissory note. The answer admitted the making of the note and set up that the intestate surrendered the note to his daughter, the defendant Amelia K. Schultz, as a gift. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict in favor of plaintiff for $1,794.21.

Action in the municipal court of St. Paul to recover $156.96 paid by plaintiff while a minor as premiums upon a policy of insurance upon his life. The complaint alleged fraudulent representations on the part of defendant’s agent, a train dispatcher in the office of a railroad company for which plaintiff was working as telegraph operator, and that plaintiff, immediately after he became of age, disaffirmed the contract, and notified defendant thereof.

Action in the district court for Swift county by a grantee of Russell Sage, as assignee in trust and trustee of the Hastings & Dakota Railway Company, to recover possession of certain land between ten and twenty miles distant from that railroad which had been selected by Russell Sage in lieu of place land from free public land which the United States had not sold, reserved or otherwise appropriated, and to which the right of homestead or pre-emption settlement had not…

Action in the district court for Ramsey county for divorce on the ground of cruel and inhuman treatment and for alimony.

Condemnation proceedings in the district court for Stearns county. The commissioners appointed by the court awarded respondent the sum of $1,700. The defendant served notice of appeal immediately after the filing of the award, and later, after the commissioners had served the notice of filing of the award as provided by statute, defendant took a second appeal to the district court. The case was tried before Taylor, J., and a jury which assessed plaintiff’s damages at $3,500.

Action in the district court for Hennepin county to recover $21,836.-75, damages for personal injuries alleged to have been sustained through defendant’s negligence while plaintiff was employed in his stone quarry as a hoisting engineer. The case was tried before Frederick V. Brown, J., and a jury which returned a verdict in favor of plaintiff for $4,124.25. Defendant’s motion for judgment notwithstanding the verdict was denied.

In proceedings in the district court for Hennepin county to collect $2,884.20, delinquent personal property taxes for the year 1904, and the penalty, defendant answered and alleged that the State Board of Equalization for the year 1904 was not a legally constituted board in that nine of the members were appointed by the Governor without the advice and consent of the senate as required by law, and that it illegally increased the valuation of defendant’s property from $91,200…

Action in the district court for Hennepin county to recover $6,-368.67. The facts are stated in the opinion. The case was tried before Brooks, J., who ordered judgment for plaintiff for $3,833.90. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Freeborn county to recover $1,200, the unpaid price of land sold upon a written contract. Defendant demurred to the complaint and from an order, Kingsley, J., sustaining the demurrer, plaintiff appealed. The complaint stating a cause of action, appellant is entitled to relief, either legal or equitable, and the complaint is not demurrable because plaintiff asked for a legal remedy instead of an equitable one.

Action in the district court for St. Louis county to recover $15,500 damages for personal injuries. From an order, Dibell, J., overruling its demurrer to the complaint, defendant appealed.

On the relation of the attorney general, the state instituted mandamus proceedings in the district court for St. Louis county to compel the treasurer of that county to pay the state the unpaid balance of $117,-070.54, part of the proceeds of certain tax collections of the year 1899.

Action in the district court for St. Louis county by the guardian ad litem of plaintiff to recover $10,000 damages for personal injuries sustained by plaintiff while in defendant’s employ. The case was tried before Cant, J., and a jury which returned a verdict in favor of plaintiff for $1,500. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Clay county to recover $1,750, damages caused by failure to deliver promptly goods shipped by plaintiff over defendant’s railroad. The allegations of the amended answer are stated in the sixth paragraph of the opinion. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $1,453.73. 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 $60,000 for the breach of an agreement. From an order, Bunn, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Morrison county to restrain defendants from maintaining a certain ditch and from overflowing plaintiff’s land and to declare the ditch a nuisance and to require defendants to fill in the ditch, and for $400 damages.

Action in the district court for St. Louis county to recover $10,526 damages for personal injuries sustained while plaintiff was working as pitman in defendant’s mine.

Action in the municipal court of Minneapolis to recover $428 damages for injury to a carload of lemons caused by delay in transportation. The answer set up that the lemons were received by defendant and transported under a bill of lading which provided that the amount of any loss or damage for which any carrier became liable should be computed at the value of the property at the place and time of shipment. The case was tried before Charles L,. Smith, J., and a jury.

Action in the district court for L,e Sueur county to recover $3,000 damages for the wrongful use of the highway in front of plaintiff's dwelling for railroad purposes, and to restrain defendant from operating a railroad thereon or in any manner obstructing the free use of the street by the public and by plaintiff. The facts are stated in the opinion.

Action in the district court for Freeborn county to recover $10,000 damages for personal injuries caused by the explosion of a water gauge whereby plaintiff lost the sight of an eye. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $1,000. Defendant’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the municipal court of Minneapolis to recover $500 damages for the manufacture and sale by defendant of impure oil for cooking purposes. The case was tried before Waite, J., who made findings of fact and as conclusion of law found in favor of plaintiff for $99. From an order denying defendant’s motion for judgment or for a new trial, it appealed.

Action in the district court for Winona county against the administrator of Frank A. Johnson to rescind an agreement of settlement entered into in October, 1890, between plaintiff and defendant’s intestate, and for an accounting in the matters of a partnership between plaintiff and said Frank A. Johnston relating to the mining business, and for an accounting in matters of said intestate’s agency for plaintiff, on the ground that such settlement was procured by the false…

Action in the district court for Hennepin county to recover $10,250 for personal injuries.

Action in the district court for Freeborn county, on appeal from justice court, for restitution of premises claimed to be unlawfully held. There was no dispute as to the facts-and the case was tried without a jury before Kingsley, J., who found that defendant was entitled to a life estate in the premises and ordered that the action be dismissed. From this order, plaintiff appealed.

Action in the district court for Freeborn county to recover $1,000 damages to a certain lot for change of street grade in front of the same. The answer was a general denial, except that the location of the lot and the existence of defendant and of a street were admitted. The case was tried before Kingsley, J., and a jury which rendered a verdict in favor of plaintiff for $81. From an order denying its motion for a new trial, defendant appealed.

A petition for the appointment of a guardian of the person and estate of Joseph Swick, an incompetent, having been granted in the probate court, Joseph Swick appealed to the district court for Hennepin county which affirmed the appointment. From an order, Holt, J., denying appellant’s motion for a new trial, he appealed.

Action in the district court for Clay county by the trustee in bankruptcy of Constance A. Remley, bankrupt, to recover the sum of $432, paid by one Oliver for the transfer to him of the license to sell intoxicating liquor which formerly had been held by Remley, for which defendant Simonitsch held a certificate of deposit in favor of defendant Minneapolis Brewing Company.

Information for a writ of quo warranto directed to the members of the board of county commissioners of the county of Mahnomen which set forth the facts stated in the first paragraph of the opinion and alleged that all of the proceedings touching the creation of the county of Mahnomen were void for the reason that the territory comprising the county of Norman did not have two thousand inhabitants and that the county of Mahnomen never had to exceed eleven hundred inhabitants.

Action in the district court for Ramsey county to foreclose a mechanic’s lien for $16,013.59. The answer set up a counterclaim and prayed for judgment of $22,977.82. The facts are stated in the opinion. The case was tried before Brill, J., who found in favor of plaintiff for the sum of $4,033.02. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Wright county to recover $10,000 damages. Defendant demurred to the complaint on the ground it did not state a cause of action. From an order, Buckham, J,, overruling the demurrer, defendant appealed.

Action in the district court for Hennepin county by the executors of the will of Winñeld S. Latón, deceased, substituted for their testator, and other stockholders of the Pacific Coast & Norway Packing Company to have four thousand shares of stock in that corporation' declared null and void. A demurrer to the complaint by defendant Staight was overruled, Simpson, J. Staight then answered. The corporation did not answer.

Action in the district court for Stearns county to recover $15,680 damages for personal injuries. The grounds of defendant’s negligence alleged in the complaint are stated in the third paragraph of the opinion. The case was tried before Taylor, J., who directed a verdict in favor of defendant. From an order denying his motion to set aside the verdict and grant a new trial, plaintiff appealed.

Defendant was convicted in the municipal court of Minneapolis of the offense of practicing dentistry without a license. The case was tried before Waite, J., who found defendant guilty and ordered that defendant pay a fine of $25 or be imprisoned twenty five days. From an order denying his motion for a new trial, defendant appealed.

Defendant was charged in the municipal court of Minneapolis with using the letters D. D. S. in connection with his name and advertising that he would perform dental operations, contrary to the statute in such case made and provided. Defendant appeared specially and moved to be discharged on the ground the prosecution was not conducted by the proper officers. The motion was overruled.

Defendant was convicted in the municipal court of Minneapolis of violating the wineroom ordinance of that city. The case was tried before Waite, J., who found defendant guilty and imposed a fine of $25 or imprisonment in the city workhouse not exceeding thirty days. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county against Gustav Rieck and Anna Rieck, his wife, to enforce the specific performance of a contract to convey to plaintiff a certain farm, and certain property situated thereon, in exchange for a specified amount of money and a conveyance of certain real estate in Minneapolis, and to recover $1,000 damages. The contract is quoted at length in the opinion.

Defendant was charged in the municipal court, of Minneapolis of violating the wineroom ordinance of that city. The case was tried on stipulated facts before Waite, J., who ordered that defendant pay a fine of $25, or in default thereof be imprisoned in the city workhouse not exceeding thirty days. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $703.20 damages because of unreasonable delay in the transportation of two separate shipments of fruit. The defendant’s answer alleged an agreement in each contract of shipment that in no event should the defendant be liable for damage, unless the claim therefor should be presented in writing within ten days after delivery of the fruit, and that the failure to present any such claim was a bar to the action.

Action in the district court for Polk county by John Bailey to recover $15,000 damages for personal injuries sustained by his minor son while employed by defendant. The case was tried before Watts, J., and a jury which returned a verdict in favor of plaintiff for $7,-500. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $926.72.

Action in the district court for Polk county to recover $1,800 for loss of services of plaintiff’s minor son who was injured while employed in defendant’s -saw mill. The case was tried before Watts, J., and a jury which returned a verdict in favor of plaintiff for $900. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Pipestone county to recover $5,000 for slander. The case was tried before P. E. Brown, J., and a jury which returned a verdict in favor of plaintiff for $1,875. 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 Hennepin county to recover $5,000 damages for personal injuries sustained while working in defendant’s shop. The allegations of the complaint were denied by the answer.

Action in the district court for Ramsey county against the receivers of the Chicago Great Western Railway Company to recover $25,000 damages for personal injuries while plaintiff was in their employ. The case was tried before Orr, J., and a jury which returned a verdict in favor of plaintiff for $9,125. The court granted an order for a new trial, unless plaintiff filed his consent to a reduction of the verdict to $7,000.

Action in the district court for St. Louis county against the Shenango Furnace Company and the Duluth, Missabe & Northern Railway Company to recover $25,712 damages for personal inj'uries received while plaintiff was in the employ of the defendant Furnace Company and engaged in assisting in the loading of ore cars belonging to the defendant railway company. The facts are stated in the opinion.

Action in the municipal court of Minneapolis to recover $4-7.72 upon a promissory note and $42.40 paid to the government for defendants’ use and benefit. The answer alleged defendant Melgord in behalf of defendants applied to plaintiff corporation for a loan and plaintiff stated it would make the loan if defendants would buy of it ten barrels of whiskey stored in bond.

Action in the district court for Hennepin county by the executor of the estate of Johann Link, deceased, to recover $1,000 upon a benefit certificate.

Action in the municipal court for Minneapolis by the assignee of the claim to recover $441.43, balance due for services in furnishing plans and specifications, in superintending the construction of an elevator, and for materials furnished in its construction. The case was tried before Charles L. Smith, J., who found in favor of plaintiff for the sum of $57.01, against which he allowed a set-off of $60 and granted defendant its costs and disbursements.

Action in the district court for Ramsey county by five owners of real property in White Bear Village to enjoin defendants, members of the Village Council of White Bear, from cutting, destroying, removing or in any manner interfering with certain oak trees upon plaintiffs’' land. The allegations of the answer were substantially the same asín the case of Gilbert v. Village of White Bear, infra, page 239.

Action in the district court for Ramsey county to restrain the village of White Bear and the members of the village council from the intended cutting, destroying, and removal of certain oak trees upon plaintiff’s premises.

Action in the district court for Hennepin county by the administrator of the estate of Charles A. Dolge, deceased, against defendant railway company and John Schmidt, one of its section foremen, to recover $5,000 for the death of the intestate.

Action in the district court for Ramsey county by the administratrix of the estate of Michael Hawkins, deceased, to recover $5,000 for his wrongful death. The case was tried before Hallam, J., and a jury which rendered a verdict in favor of plaintiff for the amount demanded. 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 Mille Lacs county by the executrix of the last will and testament of Charles H. Riñes, deceased, for an accounting of the affairs of the copartnership. The answer alleged that deceased had sold defendant all his interest in the copartnership and that it had been dissolved. The case was tried before Taylor, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for St. Louis county against defendant mining company and John Eastman, its mining captain, to recover $25,195 damages for personal injuries. The alleged negligence is stated in the first paragraph of the opinion. The case was tried before Ensign, J., who denied defendants’ motion, made at the close of the testimony, for a ¿directed verdict. The jury returned a verdict in favor of defendant Eastman and against defendant corporation for $7,000.

Action in the district court for Ramsey county to recover $60,400 damages for personal injuries sustained while at work in defendant’s coal elevator. The case was tried before Kelly, J., who directed a verdict in favor of defendant. From an order refusing to set aside the verdict and to grant a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $10,000, damages for personal injuries. The case was tried before Dickinson, J., and a jury which returned a verdict in favor of plaintiff for the sum of $4,250. 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 Anoka county to recover $10,100, damages for personal injury. The case was tried before Giddings, J., and a jury which rendered a verdict in favor of plaintiff for the sum of $4,060. From an order denying defendant’s motion to set aside the verdict and for a new trial, it appealed.

Action in the district court for Hennepin county to recover $5,872, commission for producing a purchaser for certain lands. The lands were owned jointly by the defendants, Hugh L. Wakefield, Ferdinand Leutz, John D. Gray, Edward T. Jones, E. W. Brown and Maurice D. Sanger, but the title stood in the name of defendant Wakefield.

Action in the district court for St. Louis county to recover $2,000 for refusal of defendant’s auctioneer to accept plaintiffs’ bid for a building, that being the highest bid made. The case was tried before Ensign, J., and a jury which rendered a verdict in favor of plaintiffs for $1,500. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

From the decision of the canvassing board for Aitkin county, declaring the contestee, J. B. Eemire, elected auditor of that county, the contestant, Carl Odegard, appealed to the district court which issued an order to show cause.

Defendant was cited before the district court for Hennepin county to show cause why he should not pay the sum of $818.96, as taxes for the year 1906 upon his personal property. He made answer and the matter was tried before Brooks, J., who found in favor of .the state in the sum of $447.85. From a judgment entered pursuant to the findings, both parties appealed.

Action in the district court for Ramsey county to recover $10,100 damages for personal injuries. The case was tried before Olin B. Lewis, 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 Freeborn county against defendant railway company and William Murtaugh to recover $1,500 damages for personal injuries. The case was tried before Kingsley, J., who denied a motion to dismiss the case at the close of plaintiff’s testimony and denied a motion to direct a verdict for defendant railway company. The jury returned a verdict in favor of plaintiff for $1,000.

Action in the district court for Hennepin county to recover $10,250 damages for personal injuries. The case was. tried before Frederick V. Brown, J., and a jury , which returned a verdict in favor of plaintiff for $500. From a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county to determine adverse claims to vacant and unoccupied land. William H. Houlton alone answered. The case was tried before Orr, J., who found in favor of plaintiff. From the judgment entered pursuant to the findings, the answering defendant appealed.

Action in the district court for Ramsey county to recover $30,000 damages for personal injuries. The case was tried before Kelly, J., and a jury which rendered a verdict in favor of plaintiff for $9,000. 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 St. Louis county to recover $12,000 damages for personal injuries incurred while a passenger upon defendant’s train. The case was tried before Ensign, J., and a jury which returned a verdict in favor of plaintiff for $2,000. Erom an order denying defendant’s motion for a new trial, it appealed.

Writ of quo warranto from this court to have the pretended incorporation of the village of Gilbert declared void and to have the pretended officers of the village show quo warranto they held their respective offices. The answer virtually admitted all the facts set forth in the information and alleged and relied on them as a justification for the incorporation.

Action in ejectment in the district court for Pine county to recover possession of lands submerged by defendants and for $2,000. The case was tried before Stolberg, J., who made findings and as conclusion of law found in favor of defendants. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district. court for Freeborn county to recover $1,935 damages for alleged fraud in the real estate transaction described in the opinion. The case was tried before Kingsley, J., and a jury which rendered a verdict in favor of plaintiff for $1,659.83. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Pine county to recover possession of certain land; to compel the abatement of a certain dam, the existence of which caused an overflow upon plaintiff’s land and for $3,440 damages. The case was tried before Stolberg, J., who found in favor of defendants. From an order denying plaintiff’s motion to amend the findings, and from an order denying his motion for a new trial, he appealed.

Action in the district court for Crow Wing county to determine adverse claims to certain land. Defendants’ demurrei's to the reply and amended reply were overruled, and the case was submitted on the pleadings and stipulated facts before McClenahan, J., who found that plaintiff was the sole owner in fee of the land described. From the judgment entered pursuant to the fixxdings, defendants appealed.

Action in the district court for Hennepin county to recover $7,500 damages for personal injuries.- The case was tried before Dickinson, J., and a jury which rendered a verdict in favor of plaintiff for $2,100. 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 Hennepin county to recover $4,959.-48 alleged to be due the state as part of defendant’s gross earnings tax for the year 1904. The case was tried before Holt, who found for the state in the amount of $1,481.16. From judgment entered pursuant to the findings, both parties appealed.

Action in the district court for Freeborn county to recover $25,000 damages for personal injuries. The case was tried before Kingsley, J., who directed 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 Hennepin county to recover $10,000 for personal injuries caused by a fall from a staging used in whitewashing the ceiling of the live stock “amphitheatre” at the State Fair Grounds. The case was tried before Simpson, 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 the district court for Koochiching county to enjoin defendants, county commissioners and auditor of that county, from issuing, negotiating and delivering to the State of Minnesota, or to the state board of investment, or to any other party or person any bonds of that county, and from incurring any expense for the building of a courthouse.

Action in the district court for Hennepin county to recover $5,000 for personal injuries caused by the collapse of a platform on which plaintiff was standing while watching a football game. • The case was tried before' Dickinson, 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 Ramsey county by the administratrix of the estate of Patrick Brennan, deceased, to recover $5,000 damages for the wrongful death of her intestate. The case was tried before Olin B. Rewis, J., who directed a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, she appealed.

Action in thé district court for Scott county to quiet title to eighty acres of land and to set aside and cancel a deed executed to defendant by Daniel Lucy, the father of the parties hereto, the former owner of the land.

On the relation of the village of Excelsior, the state obtained from the supreme court an alternative writ prohibiting the district court for Hennepin county, Honorable William H. Donahue, Judge, and the contestant, Fred W. Hawkins, from proceeding under an order of the district court directing a recount of the votes cast on March 9, 1909, on the question of issuing licenses for the sale- of intoxicating liquor at the village of Excelsior.

Petition to tlie district court for Beltrami county for a writ of certiorari directed to the president and village recorder of the Village of Blackduck to review a resolution revoking the license of petitioner to sell intoxicating liquor. An alternative writ was allowed by the court, and on the return day the writ was quashed, Stanton, J. From the order quashing the writ, petitioner appealed.

Action in the district court for Freeborn county to recover $187.50 upon a division of funds made by the couhty commissioners after the organization of plaintiff district out of parts of other districts. The case was tried before Kingsley, J., who made findings and ordered judgment in favor of plaintiff in the sum of $184.50. From the judgment entered pursuant to the order, defendant school district No. 5 appealed.

At an examination of aliens desiring to obtain citizenship papers held before the district court for Jackson county, the assistant United States attorney made a motion that such papers be denied Marius Hansen, one of the applicants, because of unsatisfactory answers made by him and that he could not adequately understand the oath of allegiance or comprehend its meaning. The motion was denied, Quinn, J., and Hansen was admitted to citizenship.

Proceeding in the district court for Scott county to contest the election of Joseph Ring to the office of county commissioner of the Fifth commissioner district for that county, instituted by one Martin I. Ran-non.

Action in the district court for Ramsey county to recover $30,000 damages for personal injuries sustained while in the employ of defendant railway company. The case was tried before Orr, J., and a jury which returned a verdict in favor of plaintiff for $3,450. From an order granting plaintiff’s motion for a new trial on the ground of inadequate and insufficient damages, defendant appealed.

On petition of relator the district court for Ramsey county granted an alternative writ of mandamus directing Rouis H. Peter as acting chairman of the board of county commissioners and Edward G. Krahmer to issue a county warrant to the relator for the sum of $1,114.80 on a claim audited and allowed by the board. The court, Brill, J., made the writ peremptory. From the judgment entered pursuant to the order, respondents appealed.

Action in the district court for Hennepin county against defendant brewing company and the city of Minneapolis to recover $26,511.17 for money alleged to have been illegally refunded by defendant city to defendant brewing company on account of unexpired liquor -licenses. The defenses alleged are stated in the third paragraph of the opinion. The case was tried before Holt, J., who made findings and ordered judgment in favor of defendants.

Action in the district court for Itasca county. The facts are. stated in the opinion.

Two actions in the district court for Redwood county to recover $1,995 and $1,950 damages respectively for personal injuries sustained while attempting to cross a railroad track. Husband and wife brought separate actions which by consent were tried together before Olsen, J., and a jury which returned a verdict in favor of Horace L. Harmon for $750 and a verdict in favor of Josephine Harmon for $250. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Hennepin county to recover $1,300 which plaintiff alleged that he intrusted to the defendants on January 7, 1908, and which he alleged the defendants converted and disposed of to their own use. The case was tried before John Day Smith, J., and a jury which returned 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 Hubbard county to recover $10,000 for personal injuries received by plaintiff while employed by defendants in their shingle mill. The case was tried before Stanton, J., and a jury which returned a verdict in favor of plaintiff f&r $2,000. From an order granting defendants’ motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in the district court for Ramsey county by the receiver of the insolvent Germania Bank to enforce the collection of an assessment levied upon five shares of the capital stock of the Germania Bank, belonging to defendant. The case was tried before Olin B. Lewis, J., who made findings of fact and as conclusion of law found that plaintiff was entitled to $500. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Clay county to recover $1,050 for personal injuries sustained while in defendant’s employ. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $350. From an order granting defendant’s motion for judgment notwithstanding the verdict, plaintiff appealed.

Defendant was convicted in the municipal court of Minneapolis of the offense of nonsupport of his wife. From the judgment of conviction, Charles L. Smith, J., he appealed.

Defendants were convicted in the municipal court of Minneapolis of the offense of selling intoxicating liquor on Sunday. From the judgment of conviction, Waite, J., defendant John Collins appealed.

In the action of Neis Johnson v. Mary V. Roche, which was tried in the district court for Jackson county before Quinn, J., findings were filed and judgment was ordered in favor of plaintiff for the sum of $4,390.61, and thereafter judgment was entered therein pursuant to the findings. Subsequently judgment was ordered and entered for the same sum against George W. Wilson & Son, garnishees, upon their disclosure.

Proceeding in the district court for St. Louis county to forfeit the corporate franchise of the Duluth Board of Trade, and to restrain it and its officers from further transacting business under its rules, on the ground that they violate the anti-trust statute (Laws 1899, p. 487, c. 359.) The case was tried before Dibell, J., who made findings and ordered judgment in favor of the defendants. Prom the judgment entered pursuant to the order, plaintiff appealed.

Action in the district court for Ramsey county to recover $25,000 for injuries received by plaintiif while in the employ of defendant. The manner in which the injury occurred is stated in the opinion. The case was tried before Orr, J., and a jury which returned a verdict for $5,000 in favor of plaintiif. From an order denying its motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $50, the amount of a check drawn by plaintiff in favor of his brother and by his brother paid to defendant. The answer alleged a sale to plaintiff of an automobile for the price of $450, on which the sum of $50, represented by the check, had been paid. The case was tried before Charles L. Smith, J., who directed a verdict in favor of plaintiff for $51.

Appeal by defendant from an order of tbe district court for Ramsey county .bearing date of June 13, 1908, Kelly, J., allowing temporary alimony and counsel fees to plaintiff. The facts are stated in the opinion.

Action in tbe district court for Grant county to recover $640, and interest, on two promissory notes. Tbe answer set up tbe facts stated in tbe ©pinion, and that prior to the tender of the abstract of title valuable timber had been cut and removed from the premises. The case was tried before Flaherty, J., who directed a verdict in favor of defendant. From an order granting plaintiff’s motion to set aside the verdict and for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $800 for fraud. Defendant demurred to the complaint. From an order, Dickinson, J., overruling the demurrer, defendant appealed.

Action in the municipal court of Minneapolis to recover $118.74 as a commission for the sale of real estate. The case was tried, before Charles L. Smith, X, and a jury, which returned a verdict in favor of plaintiff for $117.30. 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 Ramsey county to recover $10,000 damages for personal injuries sustained by plaintiff while operating a jointer machine in defendant’s factory. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $3,500. Prom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

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, X, who made findings and ordered judgment in favor of defendant. Prom an order denying their motion for a new trial, plaintiffs appealed.

Defendant was cited before the district court for Hennepin county to show cause why it should not pay $825.85, as taxes upon its personal property for the year 1906, and penalty. Defendant’s answer alleged the assessment of $29,500 under item 17 was an arbitrary assessment in addition to the regular return of defendant under said item and a portion of the property returned by the defendant.

<p>Appeal by plaintiff from an order of the district court for St. Louis county, Dibell, J., denying a new trial.</p>

Action in the district court for St. Louis county by- the administrator of the estate of Drago Sundic, deceased, to recover $5,000 for the death of his intestate caused by injuries sustained while working in defendant’s open pit. From an order, Dibell, J., overruling defendant’s demurrer to the complaint, it appealed.

Action begun in justice court to recover $58. After judgment by default defendant appealed to the municipal court of St. Paul. The case was tried before Hanft, J., who ordered judgment in favor of plaintiff in the sum of $30. From an order denying defendant’s motion for a new trial, he appealed.

After the former appeal, reported in 102 Minn. 518, defendant moved for amended findings and for permission to file a supplemental answer. Both motions were refused, Quinn, J. From the judgment entered pursuant to the findings,, defendant appealed.

Action in the district court for Blue Earth county to recover' $515.25 upon two promissory notes. The defense of payment was interposed with a counterclaim for alleged overpayments. The case was tried before Olsen, J., and a jury which returned a verdict in favor of defendant. Prom an order denying plaintiffs motion for a new trial; it appealed.