Volume 108 — Minnesota Reports

Action in the district court for Ramsey county to recover $25,000 for personal injuries sustained while employed as brakeman by defendant. The case was tried before Orr, T., who directed a verdict in favor of defendant. Prom an order denying plaintiff’s motion to set aside the verdict and for a new trial, he appealed.

Action in the district court for Bamsey county to recover $25,250 damages for personal injuries sustained while in defendant’s employ as a locomotive engineer. The answer alleged contributory negligence on the part of plaintiff. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $5,000. From an order for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the district court for Pine county to determine adverse claims to certain land. The case was tried before Stolberg, J., who made findings and as conclusion of law found that plaintiff was the owner in fee simple of the tracts of land and that defendants had no right therein. From an order denying defendants’ motion for an order amending the conclusions of law and for a new trial, the order being made in the absence of the moving attorneys, defendants appealed.

<p>Certiorari — Review of Material rinding.</p> <p>On certiorari to review an order establishing a ditch and directing it to he laid, under chapter 448, p. 641, Laws 1907, the appellate court will not, where a substantial conflict exists, examine the evidence to determine its preponderance; but where a material finding is held unsupported, or is contrary to all the substantial evidence, such finding may be in itself an error of law.</p> <p>Objections to Drainage Order. '</p> <p>This order is sustained, notwithstanding objections that the drainage district was unlawfully “split”; that as good or better drainage could be obtained by other routes at less expense, and with less, if any, damages; that the ditch ordered was not adequate to its responsibilities; and notwithstanding other objections.</p>

Action in the district court for Hennepin county to recover $5,150 damages for interference with plaintiff’s rights as tenant. The case was tried before Frederick Y. Brown, J., who directed a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action iu the district court for Ramsey county by the trustee of the estate of' Peter Ehrmantraut, bankrupt, to recover $1,114.96, paid by the bankrupt to defendant. The case was tried before Bunn, J., who found in favor of plaintiff. Erom an order denying defendant’s motions to amend the findings and for a new trial, it appealed.

Action in the district court for Ramsey county by six cousins of Henry Katz to recover $1,000 upon defendant’s benefit certificate on the life of Henry Katz, deceased. Upon the petition of defendant order, Mary Kujas, C. W. Heimann, as administrator of the estate of Henry Katz, deceased, and Fairfax Lodge No. 46, were made parties defendant to the action. The case was tried before Kelly, J., who found in favor of defendant Fairfax Lodge No. 46.

Action, in the district court for Pollr county for $7,500 damages for criminal assault. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $2,000. Defendant’s motion for a new trial was denied. From a judgment entered pursuant to the verdict, defendant Barton appealed.

Action in the district court for Clay county to reform a policy of endowment insurance on the life of plaintiff’s bankrupt husband, and to determine the rights therein of his trustee in bankruptcy. The case was tried before Baxter, J., who found for defendant trustee. From an order denying plaintiff’s motions for a new trial and for amended findings, she appealed.

Action in the district court for Hennepin county to recover $1,000 damages to eight carloads of cattle shipped over defendant’s road. The case was tried before Brooks, J., who made'findings and as conclusions of law found that plaintiff was entitled to $800 damages. Erom an order denying defendant’s motion for a new trial, it appealed.

Action, in the district court for Traverse county to recover $625 commission as real estate broker. The case was tried befor.e Flaherty, J., and a jury which rendered a verdict in favor of plaintiff for $289.20. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Petition of J. C. Nethaway in tbe district court for Washington county for an order requiring plaintiff and defendants to show cause wby petitioner’s lien for $15,000 for services to plaintiff in securing a verdict therein should not be established and determined by the court, and for a restraining order forbidding payment of the judgment until petitioner’s rights were determined.

Action in the district court for Yellow Medicine county, by the administrator of the estate of Andrew Kerling, deceased, to recover $5,000 for the wrongful death of decedent. The case was tried before Powers, J., and a jury which returned a verdict in favor of plaintiff for $1,200. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Appeal by relator from an order of the district court for St. Louis county, Dibell, J., discharging a writ of habeas corpus and remanding relator to the custody of respondent as sheriff of that county.

Action in the district court for Hennepin county to recover $12,500 damages caused by defendant’s fraudulent representations. Erom an order, Dickinson, J., overruling defendant’s demurrer to the complaint, he appealed.

Action in the district court for Le Sueur county. Plaintiff garnished George J. Dressel, as administrator of tbe estate of Minerva Brown, deceased, on December 17, 1907. On February 25, 1908, plaintiff recovered judgment against defendant for $201. B. O. Hughes, judgment creditor of defendant since December 7, 1903, filed his complaint in intervention as claimant of the fund in the administrator’s possession.

Action against the Great Northern Railway Company, a corporation of Minnesota, the Lake Superior Company, Limited, a limited copartnership under the laws of the state of Michigan; James J. Hill, Louis W. Hill, and Robert I. Harrington; and James N. Hill, Louis W. Hill, Walter J. Hill, and Edward T. Nichols, as trustees under an agreement of trust, dated December 7, 1906, with Lake Superior Company, Limited, in the district court for Ramsey county to annul that agreement and…

Action in the district court for Becker county to recover $10,000 for personal injuries. The facts are stated in the opinion. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $1,030. Erom the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Hennepin county to recover $J85 rents collected during January and February, 1906. The action also involved an item of $500 wliicb the purchaser was compelled to pay by way of taxes, but upon this appeal the only question urged is that relating to the collection of rents. The case was tried before Frederick Y. Brown, J., who made findings and as conclusions of law found in favor of defendants.

Action in ejectment in the district court for Meeker county to recover possession of certain land and for the wrongful retention thereof. The answer set up the facts stated in the opinion. Thomas Murray, the executor of the estate of Michael Murray, was substituted plaintiff after the death of his testator. The case was tried before Qvale, J., and a jury which returned a verdict in favor of defendant.

Action begun in justice court to recover $68.66. From tbe decision of the justice court an appeal was taken to tbe district court for Todd county. In that court tbe case was tried before Baxter, J., wbo made findings and as conclusion of law found in favor of defendants. From an order denying plaintiff’s motion for a new trial, be appealed.

An assessment against the lots of appellants having been levied by the board of public works of Duluth for the repaving and improving of a certain street, an appeal from the assessment was taken to the district court for St. Louis county. The matter was heard before Cant, J., who made findings and ordered judgment confirming the assessment. Judgment was entered pursuant to the order.

Action in the district court for Lyon county to recover $340.35 for goods sold and delivered upon a written contract. The fourth defense set up in the answer is stated in the opinion. At the trial plaintiff objected to the introduction of any evidence under the fourth defense on the ground that it did not state facts sufficient to constitute a defense, which objection was sustained.

Accusation by the state board of law examiners against John I. Davis for wilful misconduct in his profession, and petition that he be removed from his office as attorney at law. The accusation charged that: 1.

Action in the district court for Marshall county to recover $311.20 for goods sold and delivered. From an order, Grindeland, J., striking out the answer of defendant as sham and false and directing judgment for plaintiff as for want of an answer, defendant appealed.

Action in the district court for Ramsey county to recover $2,646.-76 commissions for making sale of certain lands. The answer was a general denial. The case was tried before Bunn, J., and a jury which returned a verdict in favor of plaintiffs for $2,744.25. 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 Becker county by the guardian ad litem of plaintiff to recover $1,990 for personal injuries sustained by Louie Hanson while in the employ of defendant. The case was tried before Taylor, J., and a jury which returned a verdict-in favor of plaintiff for $480. 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 Becker county by the administratrix of the estate of Leroy W. Moores, deceased, against defendant company and George Lavoy, to recover $5,000 for the death of her intestate. The answer alleged that the death was caused by the carelessness of plaintiff’s intestate or by the risks incident to his employment. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $3,000.

Action in the district court for Mower county to recover $2,000 for personal injuries sustained by plaintiff at a public crossing in the city of Austin over defendant’s railway track from a train traveling at an excessive and dangerous rate of speed contrary to the ordinance of the city and the statutes of the state. The answer alleged the contributory negligence of plaintiff.

Action in the district court for Kandiyohi county by the executor of the last will and testament of Christine Englund, deceased, to recover $5,700 belonging to the estate of decedent and in the possession of defendant. The answer set up the gifts mentioned in the opinion. The case was tried before Qvale, X, and a jury which returned a verdict in favor of plaintiff for $712.73.

The executors of the estate of Cornelia Day Wilder Appleby, deceased, were cited to show cause before the district court for Kamsey county why they should not pay taxes in the sum of $2,109.25, including penalty, assessed against them for personal property for the year 1907. They answered that the property assessed was exempt from taxation, being part of a fund devoted to charitable purposes.

Action in the district court for Hennepin county to recover $1,300 for personal injuries. The facts are stated in the opinion. The. case was tried before Holt, T., and a jury which returned a verdict in favor of plaintiff for $750. From an order vacating and setting aside the verdict and ordering judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Defendant was indicted in the district court for Pipestone county for the crime of perjury by falsely swearing that Eva Sample was over eighteen years of age. The case was tried before P. E. Brown, J., and a jury which found defendant guilty. Erom an order denying defendant’s motion to set aside the verdict and for a new trial, he appealed.

Action, in the district court for Hennepin county against the Northwestern Mutual Life Insurance Company to recover $2,015.50 upon an insurance policy upon the life of Samuel F. Mathews. Sarah J. Mathews was substituted as defendant in the action and the amount of the policy was deposited by the insurance company in trust for the parties to the litigation, to be paid to such party as the order of the court should designate.

Action of the district court for Clay county to recover $1,096 upon a policy of fire insurance. The case was tried before Baxter, J., who instructed the jury to return a verdict in favor of plaintiff for $700 for the loss of the house and such further sum as they found to be the value of the personal property insured. The jury returned a verdict for $862.75. 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 Ramsey county by the special administrator of the estate of Allen D. Close, deceased, to recover $5,000 for the death of his intestate. The defendant demurred on the ground (1) That the plaintiff had not legal capacity to sue in this kind of action or to recover damages, and (2) The facts stated did not constitute a cause of action. From an order overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Hennepin county for specific performance of a contract to sell real estate, and for $10,000 damages for refusing to. convey to plaintiff. The facts are stated in the opinion. David Eriedman and his wife filed their complaint in intervention, alleging that the former was the present owner in fee of the property in question. The case was tried before Dickinson, J., who dismissed the action.

Action in the district court for Hennepin county to recover $3,100 for personal injuries sustained while plaintiff was boarding defendant’s street car. The case was tried before Frederick Y. Brown, J., and a jury which rendered a verdict-in favor of plaintiff for $1,200. From an order granting defendant’s motion to set aside the verdict and for a new trial, unless plaintiff would consent to a reduction of the verdict to $1,100, it appealed.

Action in the district court for Hennepin county to cancel an assignment of a mortgage and to compel the redelivery of it and the mortgage and mortgage note. The case was tried before Frederick Y. Brown, J., who found in favor of the defendant. From an order denying plaintiff’s motion for a new trial, she appealed.

Proceeding in the district court for Hennepin county against the county auditor of that county, under the provisions of E. L. 1905, § 4286, providing for the submission of a controversy without action, in which J. S. Shaffer appeared as intervener.

Action in the district court for Ramsey county by the administrator of the estate of Antonio Cannone, deceased, to recover $5,075 for the death of his intestate. The case was tried before Bunn, J., who directed a verdict in favor of defendant. From an order denying plaintiffs motion for a new trial, he appealed.

Judgment by default in an action to quiet title was entered in the district court for Cook county on July 31, 1905. On March 21, 1908, Clara J. Gibbs, one of the defendants, by her guardian ad litem, moved to vacate the judgment on the ground the court had no jurisdiction to enter it. This motion and one to permit defendant to interpose an answer on the merits were -dismissed, Cant, J. From an order denying both motions, she appealed.

Action in the municipal court of Duluth to recover treble damages for alleged conversion of certain hay. The jury returned a verdict in favor of plaintiff for $120, and the court, Windom, J., granted a motion for judgment notwithstanding the verdict. From the judgment in favor of defendant, plaintiff appealed to the district court for St. Louis county, where the judgment of the municipal court was reversed, with leave to that court to order a new trial.

Appeal by the guardian of Herman E. Christians from a judgment of the district court for Mower county, entered pursuant to the order of Kingsley, J., affirming an order of the probate court of that county, which deducted $1,395.31 from the distributive share of Herman E. Christians coming to him from the estate of his father, E. W. Christians.

Action in the distinct court for Hennepin county to recover $2,000 damages for failure to perform a written contract. The substance of the answer is stated in the second paragraph of the opinion. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for $2,052.66. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Action in the municipal court of St. Paul against defendant company on its policy of insurance to recover $150 for loss on account of the death of a certain gelding. From an order, Finehout, J., overruling a demurrer to the second amended complaint, defendant appealed.

Action in the municipal court of Minneapolis to recover $341.22 for the alleged breach of a lease. The case was tried before Waite, J., and a jury which returned a verdict in favor of plaintiff for $12.12. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Petition by A. A. Greenwood to the Honorable W. O. Williston, one of the.judges of the district court for the First judicial district, for a writ of habeas corpus directed to William Nolan, chief of police of the city of Hastings, that the court may determine the lawfulness of the arrest and detention of petitioner for the violation of a certain ordinance of that city. The writ was issued out of the district court for Goodhue county.

Defendants were convicted in the district court for Hennepin county of the offense of knowingly receiving stolen property and were sentenced to be imprisoned in the state reformatory. Each defendant moved for a new trial and from orders, Simpson, J., denying the motions, they appealed.

Action in the district court for Ramsey county to compel defendant to close openings in a party wall and for $600 damages. The substance of the pleadings is stated in the opinion. The ease was tried before Bunn, J., and a jury to which was submitted the question of damages.

Action in the district court for Ramsey county to compel defendant to remove window shutters and a sign on plaintiff’s side of a party wall, and for $500 damages. The case was tried before Bunn, J., and a jury to which was submitted the question of damages. The jury rendered a verdict in favor of defendant. Plaintiff moved for judgment notwithstanding the verdict.

Action in tbe district court for Winona county upon a cropping contract under which plaintiff, as tenant, surrendered possession upon notice to vacate because of a sale of the premises. The first cause of action was for $187 for one half of the hay; the second cause of action was for $100 for the conversion of eight cords of fire wood felled on the premises; the third cause of action was for $7.50 pasture money received.

Action in the municipal court of Sleepy Eye to recover two dollars for medical services, where plaintiff had a verdict and judgment for the sum demanded. On appeal to the district court for Brown county on questions of law alone, that court, Morrison, J., acting for the judge of the Ninth judicial district, affirmed the judgment of the trial court. From the judgment entered pursuant to the order of affirmance, defendant appealed.

Action in the municipal court of Minneapolis to recover $165.01 for merchandise and $100 damages for breach of contract. Defendant demurred to the complaint on the ground that it did not state a cause of action. From an order, Waite, J., overruling the demurrer, defendant appealed.

Action in the district court for Becker county to restrain defendant from cutting and- removing timber from certain land in the White Earth Indian Reservation. Upon an order to show cause why a temporary injunction should not issue, the court, Baxter, J., granted such restraining order against the defendant. Erom that order, defendant appealed.

Action in the district court for Hennepin county to recover $3,000 for personal injuries. The case was tried before Simpson, J., who dismissed the action after the opening statement of plaintiff’s counsel. Erom an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county for a complete accounting between plaintiff and defendant, for the purpose of ascertaining the true and accurate number of all copies of the “Mail Order Monthly” printed by defendant between January 1, 1903, and April 1, 1908. After order overruling the demurrer to the complaint was sustained upon the former appeal (106 Minn. 62), defendant moved to make the complaint more definite.

Action in the district court for St. Louis county to recover $5,500 for personal injuries sustained by plaintiff while working in defendant’s stone crushing mill. The case was tried before Cant, J., and a jury which returned a verdict in favor of plaintiff for $300. 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 $517.47 on a contract of employment. The case was tried before Frederick Y. Brown, J., who found for the defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Renville county to recover $1,881 damages for breach of contract. The substance of the answer is stated in the second paragraph of the opinion. The case was tried before Powers, J., and a jury which rendered a verdict in favor of plaintiffs for $1,680. (From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action in the district court for Ramsey county against the Great Northern Railway Company and the Chicago, St. Paul, Minneapolis & Omaha Railway Company to recover $25,000 damages for personal injuries. The Great Northern Railway Company demurred to the complaint on the ground that the complaint did not state facts sufficient to constitute a cause of action against it. Erom an order, Hallam, J., overruling the demurrer, the demurring defendant appealed.

Action, in the district court for Chisago county to determine adverse claims to real property. The defendants Markham answered that they were owners in fee simple of the property. The case was tried before Stolberg, J., who found that defendant James D. Markham was the owner of the land in fee simple. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $607.97 for merchandise sold to defendant.

On. appeals to the district court for Washington county from an order laying out a highway, after the appeals were called for trial and the jury impaneled had viewed the premises, a motion was made to dismiss the appeals on the ground there was no proof that the notices of appeal had been filed with the town clerk of the town of Baytown, as required by the statute. The court, Stolberg, J., granted the motion.

Defendant was convicted in tbe district court for Hennepin county of tbe crime of grand larceny in tbe first degree and sentenced to confinement in tbe state prison for two years. Erom tbis judgment and from an order, Holt, J., denying a motion for a new trial, defendant appealed.

Defendant was indicted in the district court for Hennepin county for tbe crime of grand larceny in the first degree. The indictment is given in the opinion. A demurrer was interposed on'the ground that the facts stated did not constitute a public offense. The demurrer was overruled, Holt, J., and at the request of defendant, the case was certified to this court for its opinion upon the following questions, to wit: 1.

Action in tbe district court for Rock county to recover $258.87 received upon tbe sale of certain cattle and tbe sum of $1.75 protest fees. Defendant O’Connor alone appeared and answered, and admitted that plaintiff’s cattle sold for $279, and plaintiff’s pro rata portion of tbe expense was $20.13. Tbe case was tried before Cray, J., and a jury which returned a verdict in favor of plaintiff for $270.38.

Action in the district court for Olay county to recover $20,000 for personal injuries sustained while working in defendant’s flour mill. The case was tried' before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $5,250. 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 Bamsey county to recover $15,000 for personal injuries. The case was tried before Hallam, J., and a jury which returned a verdict in favor of plaintiff for $3,000. 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 Winona county against J. B. McGaughey as surviving trustee under the will of Mary E. Wake-field, deceased, and certain beneficiaries under that will to construe the will and determine how much of the interest, rent, and income of said estate should be paid to the plaintiff annually under the provisions of the will, and to direct the trustee to transfer and deliver her ten shares of stock in the Merchants Bank of Winona issued in payment of…

Action in the district court for Blue Earth county to obtain restitution of certain posts, poles and timber, or $800 as the value thereof and $300 damages. The case was tried before Pfau, J., who submitted certain specific questions to the jury. The jury answered that defendants had wilfully trespassed and cut five thousand feet of logs and four hundred fence posts on plaintiff’s land and assessed the value thereof at $400.

Action in tbe municipal court of Minneapolis to recover $375 for property skipped by plaintiff and lost by defendant in transportation. The case was tried before Charles L. Smith, J., who found that the contract of shipment was fraudulent on the part of the plaintiff, except as to the books mentioned in the opinion, and that plaintiff was entitled to judgment for $55.

Action in the district court for St. Louis county to recover $30,-000 for personal injuries. After the former appeal, the case was tried before Ensign, J\, and a jury which rendered a verdict in favor of plaintiff for $3,900. From an order denying defendant’s motions for judgment notwithstanding the verdict or for a new trial, it appealed.

Defendant was convicted in tbe municipal court of Minneapolis, of maintaining a wineroom in violation of the city ordinance. Erom a judgment, Charles L. Smith, J., imposing a fine of twenty-five dollars or imprisonment not to exceed thirty days, defendant appealed:

Defendant was convicted in the municipal court of Minneapolis of the offense of selling intoxicating liquor to a minor, and ordered to pay a fine of $100 and in default thereof to he committed to the workhouse until the fine should be paid, not exceeding a period of thirty days. Erom this judgment, Charles L. Smith, J., defendant appealed.

Appeal to the district court for Yellow Medicine county from an order of the town board of defendant denying a petition to lay out a certain proposed road. The case was tried before Powers, J., and a jury which rendered a verdict in favor of the petitioners. Prom an order overruling defendant’s motion to set aside the verdict and for a new trial, it appealed.

Action in the district court for Washington county to recover $1,221 damages for cutting timber on the land of plaintiff’s lessors The answer set up the facts stated in the opinion. The case was tried before Stolberg, J., who ordered judgment in favor of defendant. From a judgment entered pursuant to the order, plaintiff appealed.

Two actions in the district court for Itasca county; one by plaintiff, as guardian of Archie W. Glines, to recover $25,000 for personal injuries to her ward and the other in her own interest to recover $2,000 for loss of his services. The two eases were tried together before McClenahan, J., and a jury which rendered a verdict in favor of plaintiff as guardian in the sum of $10,000 and one in favor of plaintiff in her own interest in the sum of $1,800.

Action in tbe municipal court of St. Paul to recover $400 for personal injuries. Defendant demurred on the ground that tbe complaint did not state facts sufficient to constitute a cause of action, and from an order, Hanft, J., overruling tbe demurrer, be appealed.

Action in the district court for Big Stone county to recover $1,936 on a contract by which plaintiff was to receive a certain sum per acre upon the sale of land by defendant. The case was tried before Flaherty, J., and a jury which rendered a verdict in favor of plaintiff for $1,660.51. From an order denying defendant’s motion for a new trial, he appealed.

Two actions in the district court for Steele county by the executrix of the estate of Anna Leslie Higbie, deceased, to recover possession of certain real estate and for the value of the use thereof. The real estate had been the property of Delos Higbie, deceased, who had secured a divorce in Hand county, Dakota territory, from Anna Leslie Higbie and had devised the real estate to the defendant Kate J. Pike.

Action by the administrator of the estate of Iver E. Strand,' deceased, in the district court for Lac qui Parle county to recover $5,000 for the wrongful death of his intestate. The case was tried before Powers, J., and a jury which rendered a verdict in favor of defendant. From an order granting plaintiff’s motion for a new trial, defendant appealed.

Action in the district court for Freeborn county by the administratrix of the estate of Eugene J. Willard, deceased, to recover $20,000 for the wrongful death of decedent in the state of Iowa. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $9,500. From an order denying . defendant’s motion for a new trial, it appealed.

Action in the district court for Ramsey county to recover $70 upon a promissory note. The answer set up an alteration in the note sued on, usury and defendant’s discharge in bankruptcy. Paragraph numbered 2 of the reply alleged false representations on the part of defendant in obtaining the loan evidenced by the note sued on.

Certiorari from this court on the relation of the board of county commissioners of Carlton county to review the decision and order of the respondent Samuel G. Iverson, as state auditor, with respect to the place of taxation of personal property owned by the Cloquet Tie & Post Company.

Action in the district court for Wabasha county to recover $1,900 for personal injuries. The case was tried before Snow, J., who directed a verdict for defendant. From an order denying plaintiff’s motion for a new trial, she appealed.

. Action in the district court for St. Louis county to recover $900 deposited with defendant by the plaintiffs. The defendant interposed a counterclaim for $250 special damages, and $2,165 general damages, for plaintiffs’ failure to perform their contract. The case was tried before Ensign, J., who directed a verdict in favor of plaintiffs in the sum of $924. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Clay county to recover $1,200 on a breach of warranty of a threshing machine. The case was tried before Baxter, J., and a jury which rendered a verdict in favor of plaintiffs for $1,400. Erom 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 $25,000 for personal injuries. The case was tried before Orr, J., and a jury which rendered a verdict in favor, of plaintiff in the sum of $2,500. Erom an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $4,377.60 for failure to perforin the provisions of two contracts for the sale of real estate. See 102 Minn. 334. The answer alleged default by plaintiff in the performance of the provisions of the contracts. The case was tried before Simpson, J., and a jury which rendered a verdict in favor of plaintiff for $6,173.08.

Action in the district court for Itasca county by the administrator of the 'tate of Jacob Hyvonen, deceased, to recover $5,000 for the death of his intestate. The case was tried before McClenahan, J., and a jury which returned a verdict in favor of plaintiff for the sum demanded. Prom 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 $5,000 damages for breach of contract and that the' agreement be rescinded and canceled. The defendant Frank T. Locke demurred to the amended complaint and from an order, Kelly, J., sustaining the demurrer, plaintiff appealed.

Defendant was indicted in the district court for Hennepin county for the crime of grand larceny in the first degree, found guilty of grand larceny in the second degree, and sentenced, Holt J., to be confined at hard labor in the state prison at Stillwater for the term ’ of one year and one month. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Hennepin county against defendant corporation, A. W. Van Hafften and John Gilmore, to recover $10,000 for assaults and batteries accompanied by abuse and maltreatment, during the employment of plaintiff by the city of Minneapolis as inspector of creosoted paving blocks. The allegations of the complaint alleging a conspiracy were as follows: “10.

Action in tbe district court for Bamsey county against Nils Erickson and the American Bonding Company of Baltimore. The first cause of action against defendant company was to recover one thousand dollars damages on its bond. The second cause of action against said defendant company was to recover $4,952.20 damages.

Action in the district court for Kamsey county against T. D. Sheehan and two railway companies for an accounting on a partnership contract between the plaintiff and defendant Sheehan. A demurrer to the complaint by defendant Sheehan was overruled, Hallam, L, and he was allowed to answer. The case was tried before Olin B. Lewis, J., who found the partnership contract to be void and that plaintiff was entitled to no relief.

Action in tbe district court for St. Louis county by tbe administratrix of tbe estate of Stanley E. Musolf, deceased, to recover $5,000 for tbe death of ber intestate, while in tbe employ of tbe Zenith Telephone Company as a telephone lineman. Tbe negligence alleged is stated in the first paragraph of tbe opinion.

.Action in the district court for Becker county to recover $7,500 for personal injuries. The case was tried before Taylor, L, and a jury which returned a verdict in favor of plaintiff for $2,500. Erom 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 Sherburne county. The case was tried before Giddings, J., who directed a verdict in favor of plaintiff. Erom an order denying defendant’s motion for a new trial, she appealed.

Action in tbe district court for Ramsey county to restrain defendant, as state auditor of tbe state of Minnesota, from executing any warrants addressed to tbe state treasurer of tbe state of Minnesota in favor of any county, city, village or township treasurer directing tbe payment of any of tbe moneys appropriated by chapter 219, Laws 1907, as amended by Laws 1909, e. 91, and distributed or appropriated by Laws 1909, c. 505.

Action in the district court for Ramsey county to determine adverse claims to a certain strip of land. The case was tried before Iiallam, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order, defendant appealed.

Defendaut was indicted in the district court for .Beltrami county for the crime of murder in the first degree. The case was tried before Spooner, J., and a jury which found defendant guilty as charged in the indictment. Erom an order denying defendant’s motion for a new trial, he appealed.

On petition by the village of Excelsior to the district court for Hennepin county an alternative writ of mandamus issued to compel defendant street railway company to stop its cars at the intersection of its railway and George street in Excelsior, when passengers desired to board or leave the cars. From an order, John Day Smith, J., sustaining the demurrer of petitioner to the answer and return, the railway company appealed.

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

Action in tbe district court for Kandiyohi county against Charles E. Eouts and wife, John K. Orth, State Bank of Raymond, First National Bank of Raymond, Renville State Bank, Rutland Savings Bank of Vermont, and Douglas R. Fleming to determine adverse claims to real estate and to determine that plaintiff “is the owner and in possession and entitled to retain possession of said property, free of all claims on the part of defendants.” The facts are stated in the opinion.

From an order of the probate court for Steele county allowing tbe will of Jacob Buzalsky, certain of bis children appealed to tbe district court for that county.

Action in the district court for Polk county by the assignee of a contract to recover $11,701.84 alleged to be due under the contract to pave the streets of the city of East Grand Forks. After the case was remanded by this court (101 Minn. 523) it was tried before Watts, J., and a jury which returned a verdict in favor of plaintiff for $11,432.93.

Action in the district court for Ramsey county by the administrator of the estate of Frank Raiolo, deceased, against the Northern Pacific Railway Company, Kenneth F. Schiffmann and Frank S. Ritchie, to recover $5,000 for the death of his intestate. The case was tried before Olin B. Lewis, J., who directed a verdict in favor of defendant railway company. From an order denying plaintiff’s motion for a new trial, he appealed.

Two actions in the district court for Carlton county, one by a husband and the other by his wife, each to recover $1,999 for personal injuries received by the wife in falling down a stairway in a passenger depot at Superior, Wisconsin. The cases were tried before Cant, J., and a jury which found a verdict in favor of plaintiff Eunice Speck for $600 and in favor of Joseph T. Speck for $237.36.

Action in the district court for Hennepin county to recover $500 alleged to have been lost in betting upon certain games of chance in defendants’ gambling house. The case was tried before Charles L. Smith, J., and a jury which returned a verdict in favor of plaintiff for $250. Erom an order denying defendants’ motion to set aside the verdict and for a new trial, they appealed.

Action in the district court for Ramsey county to foreclose a mechanic’s lien for $652.78. The case was tried before Orr J., who made findings and as conclusion of law found Luella T. Wagner to be the owner of the premises in dispute free of any lien claimed by plaintiffs. From an order denying defendants’ motion to set aside the decision of the court and for a new trial, and denying plaintiffs’ motion for a new trial, both plaintiffs and defendants appealed.

, discharging a writ of habeas corpus directed to F. A. Whittier and requiring him to show cause why he held in detention the person of Genevieve Slayton.

Action in the district court for Waseca county to recover $15,000 for personal injuries, while in tbe employ of defendant company as a locomotive engineer.

Action against the Pittsburgh Coal Company and Michael Ladzinski in the district court for St. Louis county to recover $20,275, for personal injuries received while in the employ of defendant coal company and working in the hold of a vessel loaded with coal, upon which vessel its co-defendant was employed as hatch tender.

Action in the district court for Brown county to recover $2,000 damages for breach of contract to transport plaintiff’s cattle to Chicago within thirty hours. The answer alleged the cattle were transported with reasonable care and promptness. The case was tried before Olsen, J., and a jury which returned a verdict in favor of defendant. From orders denying plaintiff’s motions for a new trial it appealed.

Proceeding in the district court for Dakota county to condemn a right of way over certain land in that county for an electric traction railway under the power of eminent domain. Commissioners appointed as provided by statute awarded $610 to the owners of the land as damages. Prom this award, the traction company appealed to the district court. The case was tried before Crosby, J., and a jury which rendered a verdict assessing respondent’s damages at $1,000.

Action in the district court for Hennepin county to recover $15,000 for personal injuries. The case was tried before Dickinson, L, and a jury which rendered a verdict in favor of plaintiff for $4,000. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action, in the district court for St. Louis county to recover $25,000 for personal injuries. The case was tried before Dibell, J., and a jury which rendered a verdict in favor of plaintiff for $7,733. From an order denying defendant’s motion for judgment notwithstanding the verdict but granting its alternative motion for a new trial, defendant appealed and plaintiff served notice of appeal from the order granting a new trial.

Proceeding in the district court for Hennepin county to condemn a right of way over certain land in that county for an electric traction railway under the power of eminent domain. Commissioners appointed as provided by statute awarded $315 damages to the owners of the land. From this award the owners appealed to the district court. The case was tried before Dickinson, J., and a jury which rendered a verdict in favor of the owners assessing their damages at $635.

Proceeding in the district court for Hennepin county to condemn a right of way over certain land in that county for an electric traction railway under the power of eminent domain. Commissioners appointed as provided by statute awarded $350 damages to the owners of the land. From this award the owners appealed to the district court. The case was tried before Holt, L, and a jury which rendered a verdict in favor of the owners assessing their damages at $1,025.

Action in tbe district court for Anoka county to recover $1,500 damages on account of injury to plaintiff’s land. The case was tried before Giddings, J., and a jury which returned a verdict in favor of plaintiff in the sum of $100 for injury for washing away the bank of his farm, and $450 for loss of the use of the land. 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 $448.80 for merchandise sold. The answer alleged a compromise and payment in full. The case was tried before Bunn, J., who directed a verdict in favor of plaintiff for $232.10. Erom an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action in the municipal court of Minneapolis to recover $105 for three months’ rent. The allegations of the answer are stated in the first paragraph of the opinion. The case was tried before Charles L. Smith, J., who found in favor of plaintiff for the amount demanded. Prom an order denying defendant’s motion for a new trial, he appealed.

Action against Crowley Electric Company, The Empire State Sure-, ty Company of New York, and the Village of Bagley in the district court for Polk county to recover $1,850 for materials and labor furnished by plaintiff as subcontractor to defendant Crowley Electric Company in constructing a system of waterworks for defendant village of Bagley. Defendant The Empire State Surety Company of New York was surety on the statutory bond furnished by the Crowley Electric Company.

Action in the municipal court of Minneapolis to recover $220 on a contract for the sale of jewelry. The defense set up in the answer is stated in the second paragraph of the opinion. The case was tried before Waite, J., who directed a verdict in favor of plaintiffs for $230.15. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Action in the district court for Swift county to recover $500 upon a promissory note. The case was tried before Qvale, J., and a jury which returned a verdict in favor of defendant. From an order granting plaintiff’s motion for a new trial, defendant appealed.

Action in the district court for Yellow Medicine county to recover $12,000 for personal injuries received while in defendant’s employ. The case was tried before Powers, J., who directed the jury to return a verdict in favor of defendant. Prom an order denying plaintiff’s motion for a new trial, he appealed.

Action in the municipal court of Minneapolis to obtain possession of certain premises. The ease was tried before Charles L. Smith, J., who found that plaintiff was entitled to restitution of the premises. From the judgment entered pursuant to the findings and order for judgment, defendant appealed.

Action in the district court for Carlton county to recover $145.85 for the loss of a suit case which was placed in defendant’s care and through defendant’s alleged negligence was either lost or stolen. From an order, Dibell, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Ramsey county to recover $512.50, alleged to have been paid defendant upon fraudulent representations. The case was tried Before Hallam, J., who made findings in favor of plaintiff. From an order denying defendant’s motion to set aside the findings and decision, it appealed.

Action in the district court for Hennepin county to recover $5,050 damages for injuries received while working in defendant’s factory. The answer stated that the injuries were caused by plaintiff’s negligence or the negligence of a fellow servant. The case was tried before Holt, J., who directed a verdict in favor of defendant. Prom an order denying plaintiff’s motion for a new trial, she appealed.

Action in the district court for Ramsey county to enjoin the State Board of Medical Examiners and W. S. Fullerton, M. D., its secretary, from revoking the license of plaintiff to practice medicine. The case was tried before Kelly, J., who made findings and ordered judgment that plaintiff take nothing by his complaint, that the restraining order pendente lite be dissolved and that defendant Fullerton recover his costs.

Action in the district court for Clay county to recover $238.31 for services as a professional nurse. Defendant in its answer tendered judgment against itself for the sum of $60. The case was tried before Baxter, J., and a jury which returned 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 Sibley county to recover $100 alleged to be due upon the sale by plaintiff of her interest in her father’s estate. The case was tried before Morrison, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Prom an order denying defendant’s motion for a new trial, he appealed.

Action in the municipal court of Winona to recover $70 for rent. Prom a judgment entered in favor of defendant, he appealed to the district court for Winona county where the case was tried-before Snow, J., and a jury which returned a verdict in favor of defendant. Prom an order denying plaintiff’s motion for judgment notwithstanding the verdict but granting a new trial, defendant appealed.

Defendant was indicted in the district court for Hennepin counfy for the crime of grand larceny in the second degree. A demurrer was interposed on the ground that the facts did not constitute a public offense. The demurrer was overruled, Holt, J., and at the request of defendant the case was certified to this court for its opinion upon the same questions as were certified in the case of State v. Barnes, supra, page 230.

Action in the district court for Hennepin county to recover $500 for services rendered and materials used. The defendants demanded a change of venue to Koochiching county, where defendants resided. Plaintiff moved to return the case to Hennepin county and the motion was denied, Spooner, J. Plaintiff defaulting at the trial, Stanton, J., upon motion of defendants’ attorneys, instructed the clerk to enter an order dismissing the action.

At a hearing of a petition for the establishment of a judicial ditch in Jackson county pursuant to Laws of 1907, e. 448, relator appeared specially for the sole purpose of objecting to the jurisdiction of the court and objected to any assessment being made upon his land for the reason that it was not described in the petition, and because of the failure to describe it the petition was too defective to confer jurisdiction upon the court.

Action in the district court for Olay county to recover $1,000 for personal injuries received while asleep in defendant’s saloon. There was no appearance for defendant at the trial, and the ease was tried before Baxter, J., who made findings and ordered judgment in favor of plaintiff for $800. Judgment was entered pursuant to the order on May 19, 1908. On December 21, 1908, defendant moved to set aside the judgment and for leave to defend.

Action in the district court for Anoka county to recover $500 damages for the negligence of defendant in allowing a jam of logs in the Mississippi river to deflect the water and logs upon the land of plaintiff. The case was tried before Giddings, J., who found as conclusion of law that plaintiff was entitled to $350. From an order denying defendant’s motion for a new trial, it appealed.

Appeal by defendant from a judgment of the municipal court of St. Paul entered pursuant to the order of Hanft, J., affirming a judgment of the justice court _ for $13.50 damages for personal injuries sustained by plaintiff through the alleged carelessness of defendant’s servant in causing a collision with plaintiff’s wagon.

Action in the district court for Clay county to recover $10,000 for personal injuries sustained while assisting in repairing a mangle in defendant’s laundry by removing the cloth therefrom and replacing it with other covering.

Action in the district court for St. Louis county against Miles T. Frink, Barnett J. Cook, John J. Haley and the Alvarado Manufacturing Company to determine that plaintiff company is_ the owner of certain letters patent and all rights thereunder; that defendants be ordered to convey and assign to plaintiff company said letters patent and in default of such conveyance that the judgment of .the court operate as such conveyance; that defendants and each of them be restrained…

Defendant was indicted in the district court for Hennepin county, with George Wright and Charles Washington, for taking from the Great Northern Railway Company twenty journal brasses with iron coverings, of the value of sixty dollars. He was convicted of pfetit larceny. From an order, Holt, J., denying his motion for a new trial, Harry Berman appealed.

Application to this court for a writ of mandamus to compel the district court for Hennepin county to cancel a judgment for personal property taxes entered May 14, 1909, against Backus-Brooks Company, where the judgment roll shows a citation issued to “Backus, Brooks & Co.” and a judgment against Backus-Brooks Company.

Proceeding in the district court for Dakota county to condemn a right of way over certain land in that county for an electric traction railway under the power of eminent domain. Commissioners were appointed as provided by statute and awarded $1,000 to the owners of the lanjl as damages. From this award the traction company appealed to the district court. The case was tried before Ci’osby, J., and a jury which rendered a verdict assessing respondents’ damages at $1,200.

Action in the district court for Hennepin county to recover $2,000 for personal injuries sustained by the minor son of plaintiff while employed in defendant’s factory in operating a certain rip saw. The ease was tried before Frederick Y. Brown, J., and a jury which returned a verdict in favor of plaintiff for $1,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in replevin in the district court for Dakota county to recover $1,000 for certain pine lumber and pine slabs, “being all the pine lumber and pine slabs now. to be found on or in the immediate vicinity of the sawmill owned and operated by said defendant.” The answer was a general denial.