Volume 109 — Minnesota Reports

Action in the district court for Ramsey county against Rufus C. J efferson and his wife, and Enos EL Hoard and his wife, for an accounting concerning advances and expenses pursuant to an alleged agreement between tbe plaintiff Barnum and defendant Jefferson, and of all sales of tbe lands specified in that agreement and moneys and securities received therefrom, and to restrain defendants frqm selling any of tbe property not already sold.

Action in the district court for Otter Tail county against F. A. Theis and Northland Elevator Company to recover $1,175 for the conversion of plaintiff’s wheat to the use of defendants. The case was tried before Baxter, J., who at the close of plaintiff’s evidence dismissed the action. From an order denying plaintiff’s motion for a new trial, it appealed.

Action in the district court for Ramsey county by a taxpayer to enjoin defendants as members of the state board of control from issuing certain certificates of indebtedness, upon the ground that such issue would be in violation of article 9 of the state constitution. From an order, Olin B. Lewis, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Information by the attorney general on behalf of Henry W. Forrer for a writ of quo warranto directed to Hugh -T. McIntosh to show canse by what authority he claimed to act as sheriff of the county of Koochiching. On the return day of the writ the respondent filed his answer, certain facts were stipulated and a referee was appointed to take testimony, which was returned to this court.

Action against W. O. Gilruth, O. M. Anderson, John McKenzie, the Lincoln County State Bank and the First National Bank of Lake Benton, in the district court for Lincoln county to recover $497.70 for the conversion of two promissory notes indorsed by the payees, Anderson & Swenson, to the plaintiff. In their separate answer defendants McKenzie and the First National Bank of Lake Benton alleged a sale of the- notes to that bank by the payees.

Action in the district court for Carlton county to recover $126.90 upon defendant town’s order issued in payment for a safe and freight upon same. The case was tried before Dibell, J., who made findings and ordered judgment in favor of plaintiff -for the amount demanded. From the judgment entered pursuant to the order, defendant appealed.

Action in tbe district court for Hennepin county to recover $20,-000 for personal injuries sustained while feeding a printing press in defendant’s factory.

'Action in the district court for Ramsey county to recover $10,000 damages for false imprisonment. The case was tried before Olin B. Lewis, J., and a jury which rendered a verdict in favor of plaintiff for $850. 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 $727 ffor personal injuries suffered by plaintiff from a collision with ■defendant’s street car. The answer alleged the contributory negligence of plaintiff. The case was tried before Olin B. Lewis, J., who ■dismissed the action at the close of plaintiff’s case. From an order ■denying plaintiff’s motion for a new trial, he appealed.

Action in the municipal court of St. Paul to recover $66.75 balance of the purchase price of certain goods sold and delivered. The answer alleged that by mutual agreement the sale of the goods was rescinded and the goods returned to and accepted and retained by appellant. The reply was a denial. The case was tried before Finehout, J., who made findings of fact and as conclusion of law found in favor of defendant.

After the former appeal (106 Minn. 386) which affirmed the judgment of the district court for Swift county in favor of the defendant, plaintiffs moved to vacate the judgment and for a new trial on the ground of inadvertence and mistake and newly discovered evidence and surprise and error of law applicable to the case.

Action in the district court for Red Lake county against the city of Thief River Ralls, Henry Grundy, its mayor, and Erick O. Erickson, its superintendent of police.

Action in tbe municipal court of Minneapolis to recover $30 on contract for insertion of an advertisement in a calendar, and delivery of tbe calendar to certain persons in tbe building trade in Minneapolis. Tbe case was tried before Waite, J., wbo made findings and as conclusion of law found in favor of defendant. From an order denying plaintiff’s motion to set aside tbe judgment and for a new trial, be appealed.

Action in the district court for Norman county to recover $2,500 •damages for personal injuries. Plaintiff, employed by another company than defendant, was employed by defendant to locate the cause of trouble in defendant’s service. The other facts are stated in the •opinion. The case was tried before Gr indeland, J., and a jury which returned a verdict in favor of plaintiff for $1,500.

Action in tbe district court for Lyon county to recover $200 damages sustained by plaintiff. The facts are stated in the opinion. On the trial certain facts were stipulated, and defendant offered no ■evidence. The case was tried before Olsen, J\, who made findings ■of fact and as conclusion of law ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order, defendant appealed.

Action in the district court for Blue Earth county to recover $2,000 for the conversion of certain hotel furniture and fixtures. The answer was a general denial. The case was tried before Pfau, J., and a jury which returned a verdict in favor of plaintiff for $758.33. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Action in the municipal court of Minneapolis to recover $50 for the July, 1908, rent of certain premises under a written lease. At the trial the complaint was amended so as to include the rent for the months of August, September, October, and November, 1908. The answer alleged an agreement, between the parties that defendant should purchase a home for his family, and should be released from his contract upon giving thirty days’ notice of his intention to leave.

Action in tbe district court for Brown county against Oscar Gag and Benedict Juni to recover $160 upon a promissory note.

In proceedings in the district court for Renville county to enforce payment of taxes on certain real estate remaining delinquent on the first Monday in January, 1909, defendant answered that, except as to the amount of general taxes, the amount claimed constituted the benefits assessed, without notice and pursuant to Laws 1905, c. 230, § 26, against his land by the county commissioners of that county for benefits caused by the repair of a certain public ditch, and the…

Action in the district court for Roseau county against F. W„ Swanson, Rachel Swanson and John Bohmer to reform a written contract and to reform the deed given in performance of the contract,, and to recover $1,600 damages for breach of warranty in the deed. From an order overruling defendants’ general demurrer, Grindeland,, J., they appealed.

Paul. From an order of the 'latter court, Hanft, J., granting the demand of defendant to transfer the action to the district court for Hennepin county, plaintiff appealed.

Action in the district court for Carver county to recover $15,500 damages for personal injuries alleged to have been sustained while alighting from its train. The case was tried before Morrison, J., and a jury which returned a verdict in favor of plaintiff for $12,000. Prom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Defendant was indicted in the district court for Mille Lacs county and charged with the crime of criminal libel. Defendant demurred to the indictment on the ground it did not state a public offense, the demurrer was overruled, and on defendant’s request the trial court,. Taylor, L, certified the case to this court for its decision of the following question “Is the article quoted in said indictment libelous per se within the meaning of the statute defining criminal libel ? ”

Action' in the district court for St. Louis county against .Samuel Uren and Michael F. Kelley to recover a balance of $509.25.

In an action in. justice court to recover $20.35 for services as treasurer of defendant, judgment was rendered in favor of plaintiff for $29.65, and an appeal was taken to the municipal court of St. Paul. At the trial plaintiff appeared specially and moved to dismiss the appeal on the ground.that the notice of appeal was fatally - defective. The court, Hanft, J., granted the motion-and dismissed the appeal.

Action in the district court for Polk county to recover $15,200 damages for personal injuries. The case was tried in January, 1909, before Watts, J., an'd a jury which returned a verdict in favor of plaintiff for $2,000. Defendant moved for a new trial on the following grounds, viz: (1 ) Material evidence, newly discovered, which with reasonable diligence could not have been found and procured at the trial.

Action in the district court for St. Louis county against Wisconsin Steel Company, James A. Sinclair and Neis Peterson, for the benefit of plaintiff’s son, to recover $20,000 damages for injuries to that son. The complaint alleged that the son was seventeen years of age, inexperienced in the work to which he was assigned, was not given any directions with reference to his work as a brakeman, and that the injury was due entirely to the negligence of defendants.

Action in the district court for Crow Wing county against George A. McKinley, William G. Hoerr, Edward Austin and Brainerd Lumber & Mercantile Company to recover possession of certain property, or in case recovery of possession could not be had for $50,000, and for the sum of $10,000 as damages for the detention thereof.

■ Action in the district court for Itasca county to recover $13,601.67-for cutting and converting in the winter of the years 1901 — 1902 certain-white pine saw logs on school land. The facts stipulated are stated in the opinion. The case was tried before McClenahan, J., who made findings of fact and as conclusion of law ordered judgment-in favor of plaintiff for $13,601.67, less a credit of $5,423.61, or the sum of $8,178.06.

Action in the district court for Aitkin county to recover possession of.' certain -.packages.1 of ’.intoxicating liquor,’ which defendant as sheriff of that county had levied upon and taken under a writ of execution on May 1, 1907, and plaintiff had demanded as owner on May 10, or the sum of $388.60, the value thereof, in case delivery thereof could not be had, and $150 damages for the’detention thereof; The defendant justified tlié taking under a writ of attachment-levied…

Application by the treasurer of the city of Stillwater to the district court for Washington county for judgment against certain parcels of land upon an assessment for the cost of constructing a certain pavement. Defendant answered and set up the objections mentioned in the opinion. The matter was heard before Stolberg, J., who ordered the entry of a separate judgment against each of the parcels described.

Action in the district court for. Hennepin county to recover $5,308.21 for the breach of an executory contract for the sale of land in the state of Colorado. In its answer defendant interposed a counterclaim for $1,120. The case was tried before Holt, I., and a jury which returned a verdict in favor of plaintiff for $4,030.09.' 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 determine adverse claims to four vacant lots in block 4 of Island- Park addition to Minneapolis.

Two separate actions against Louise P. Bader and William A. Sorg in the municipal court of Minneapolis, to recover $300 and $450 respectively upon promissory notes. The answers admitted the giving of the notes,' and set up a breach of warranty as a counterclaim. Defendants’ motion for an order consolidating the two actions and remanding them after consolidation to the district court having been denied, Charles L. Smith, J., they appealed.

F. B. Mudeking having been arrested and imprisoned for an alleged violation of chapter 248, Laws 1909, obtained from the district court for Winona county a writ of habeas corpus directed to the sheriff of that county, on the ground that his imprisonment was unlawful and that chapter 248 was unconstitutional. The matter was heard before Snow, J., who ordered the release of relator. From that order, defendant appealed.

Action in the district court for Goodhue county by the guardian of Ingeborg Hommedal, an incompetent person, to cancel a deed, alleged to'havb been obtained through undue influence. After the death of the incompetent, her administrator was substituted in place of the guardian. The case was tried before Williston, J., who found in favor of plaintiff. Defendant’s motion to amend the findings was denied. ' From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Ramsey county to determine adverse claims to a certain vacant city lot. The answer alleged that defendant Rush B. Wheeler was the owner in fee simple of the lot, set up substantially the facts mentioned in the second paragraph of the opinion and alleged that defendant Wheeler had no knowledge or notice or any outstanding interest in said premises.

Upon the petition of the Lake Shore Telephone & Telegraph Company, a corporation organized under the laws of Wisconsin, an alternative writ of mandamus directed to P. H. De Groat, as secretary of the Zenith City Telephone Company, was issued by the district court for St. Louis county.

Action by Gr. K. Fargo and C. A. Baker in the district court for Becker county to recover $11,550, balance on defendant’s duebill issued to Mary Brunette, and by her assigned to plaintiffs, on a timber deed given to. defendant company.

Action in the district court for Clearwater county to recover $15,642, treble value of certain timber alleged to have been cut in the winter of 1903 and 1904 from school land owned by the state. The answer was a general denial. The case was submitted upon stipulated facts before McClenahan, J., who ordered judgment in favor of defendant. From the judgment entered pursuant to the order, plaintiff appealed.

From tbe final decree of distribution of the estate of Severt K. Hong, deceased, entered in. the probate court for Goodhue county, tbe judge of probate for Dakota county acting for tbe judge of probate for Goodhue county, an appeal was taken to tbe district court for tbe last named county where Crosby, J., made an order aifirming tbe decree of the probate court assigning tbe residue of tbe estate to the Hauges Norwegian Evangelical Lutheran Synod of America, a corporation,…

Appeal by defendants from a judgment of tbe municipal court of St. Paul, Hanft, J., by which defendants were found guilty of violating section 70 of Ordinance 809 of the city of St. Paul in failing to report to the health commissioner the presence of diseased, overheated and feverish cattle upon their premises, and were fined $25, and in default of payment were to be committed to the. St. Paul workhouse for the term of thirty days.

Action in the municipal court for the village of International Falls to recover $120 rent. The substance of the answer and the facts are stated in the opinion. The court ordered judgment in favor of plaintiffs for $61.40 and the clerk of court in the entry of judgment inserted also a clause canceling the lease executed by the parties.

Action in the district court for Bamsey county against Benjamin , T. Goldman and Mary T. Goldman to recover $2,500 for services in finding a purchaser for certain real property. Defendants, after expressly denying in their answer certain allegations of the complaint, alleged that defendant Mary T. Goldman was not within the state of Minnesota at any of the periods referred to in the complaint.

Action in the district court for Hennepin -county to recover $28,500 damages for personal injuries sustained while riding upon one of defendant’s locomotives. From an order, Holt, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in tbe district court for Hennepin county to recover $5,339.45, tbe value of certain wheat, which it was alleged plaintiff owned on May 13, 1907, and defendant then converted. The answer was a general denial. The facts are stated in the opinion. At the close of the testimony, defendant moved for a directed verdict on the ground that the wheat belonged to defendant on May 13, 1907, and had belonged to it ever since April 23 or April 24, 1907.

Action against defendant railway company and Edward S. Wood in the district court for Ramsey county to recover $25,000 damages for personal injuries received while in the employ of that company.

Action in tlie municipal court of Minneapolis to recover $257.69 upon five promissory notes, payable respectively four, five, six, seven and eight months after date; also to recover the sum of $77.49, government tax on two barrels of whiskey, which it is alleged was paid by plaintiff at the special instance and request of defendant.

Action in the district court for Polk county to recover $1,750 upon a promissory note. In their answer defendants admitted making the note, denied the title of plaintiff to the note and set up a counterclaim of $1,800 for breach of warranty of a ditching machine sold to defendants by the company of which plaintiff was president.

Action- in the district court for Ramsey county -to recover $1,500 damages for defendant’s failure to tarn over to plaintiff his practice as physician and surgeon for a certain railroad as agreed in his contract. The substance of the pleadings is stated in the opinion. From an order, Hallam, J., overruling defendant’s demurrer to the reply, he appealed.

■ Defendant was convicted in the municipal court of Minneapolis of selling intoxicating liquor without a license. From the judgment and sentence imposed by the court, Charles L. Smith, J., and from an order refusing to dismiss the action, defendant appealed.

Petition to the district court for Otter Tail county for a. writ-of mandamus commanding George H. Gard, clerk of the city of Fergus Falls, to receive and file a certain petition and to give notice at the same time and in the same manner as the notice of the charter election to be held in the city of Fergus Falls on April 6, 1909, that the question of license would be submitted at such election, or show cause why he had not done so.

Action in the district court for Hennepin county to recover $925, paid by plaintiff on tbe purchase price of an automobile. The answer set up a counterclaim for $611.82. The facts are stated in the opinion. The case was tried before Simpson, J., and a jury which returned a verdict in favor of defendant for $480.96. From an order denying plaintiff’s motion for a new trial, he appealed.

Petition to the district court for Steele county for a writ of certiorari directed to the board of - county commissioners for that county, to review the action of the board in awarding the county printing and publishing for the year 1909, and in designating the Owatonna Tribune for the publication of the delinquent tax list and official proceedings of the board. The writ was granted, and on the return day the motion of the respondent to quash the writ was denied.

Action in the district court for Nicollet county against Louis Bruer and his wife Bertha to cancel a certain warranty deed from plaintiff and her husband to defendant Louis Bruer, to declare plaintiff the owner of the premises, and for such other relief as should seem proper to the court.

Action in the district court for Sherburne county against P, Y. Malm and C. J. Johnson upon a written lease to recover $85 for rent due November 1, 1904. The separate answer of defendant Malm set up the matter stated in the opinion and further that he executed the contract sued on for the accommodation of defendant Johnson; that plaintiff waived the terms of the agreement with Johnson without the knowledge and consent of defendant Malm.

Theodore Hjerpe was indicted for the crime of rape by the grand jury for the county of Nicollet and pleaded not guilty. He was tried before Olsen, J., and a jury which rendered a verdict of guilty. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Morrison county to cancel a certain deed from defendant to plaintiff, to declare that defendant was trustee of the legal title to the land described for the use and benefit of plaintiff, and that defendant be decreed to convey the legal title to plaintiff, without reservation, exception or easement, and to recover $1,074.40.

Action in the district court for Kandiyohi county to recover $10,-000 for personal injuries received while in the employ of defendant. In its answer defendant admitted the allegation of employment, but denied the other allegations. The facts are stated in the second paragraph of the opinion. The case was tried before Qvale, 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 Ramsey county to recover $1,000, ■upon a benefit certificate issued by defendant corporation upon •the life of plaintiff’s husband.- The complaint alleged that the de•ceased, contrary to the conditions of the by-laws, was employed for [eighteen months in the manufacture and sale of intoxicating liquor and defendant, ;with full knowledge and notice of such employment, *did demand and accept his monthly dues and assessments, and by its •conduct…

Defendant appealed to the district court for Lac qui Parle county from a judgment of conviction in the municipal court of the city of Madison, for selling a coat at public auction, contrary to the ordinance of that city. The appeal was taken “as if the action was a civil and not a criminal action.” The motion of plaintiff to dismiss the appeal was granted.

Action in the district court for St. Louis county to recover $15,300 for personal injuries sustained while in the employ of defendant company. The case was tried before Dibell, J., and a jury which rendered a verdict in favor of plaintiff for $750. Defendant’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Wilkin county to recover $10,000 ■‘•damages for malicious assault and battery. The answer was a general denial. The case was tried before Flaherty, J., and a jury which rendered a verdict in favor of plaintiff for $1,000. From an order denying defendant’s motion for a new trial, he appealed.

In an action for divorce in the district court for Blue Earth county judgment was entered granting the defendant a divorce and awarding her alimony in the sum of $750 and certain monthly payments for the support of her children. Thereafter defendant began garnishee proceedings upon the judgment against Albertus Jordan, father of the plaintiff.

August Greenwood having been tried and convicted in the municipal court of Northfield of violating an ordinance of that city, petitioned the district court for Nice county for a writ of habeas corpus directed to the chief of police on the ground that his imprisonment was in violation of the federal and state constitutions. The writ was issued and return made.

Motion in this court to dismiss an appeal taken by defendant from a judgment entered in the district court for Red Lake county in favor of plaintiff, before a prior appeal from the same judgment had been dismissed in this court. The facts are stated in the opinion.

Action in the district court for Winona county to recover $2,000 on the beneficiary certificate of defendant corporation which read as follows: “This-certificate, issued by'tile author ityof the Supreme Lodge of the Ancient Order of United Workmen, Witnesseth: That brother Fred Behlmer, a Master Workman degree member of Hiram Lodge No. 78 of said order, located at Crookston in the State of Minnesota, is entitled to all the rights and privileges of membership in the Ancient…

Action in the district court for Ramsey county to recover $25,000 for personal injuries. The case was tried before Olin B. Lewis, 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 St. Louis county against defendant company and John Beigart to recover $50,000 for personal injuries.

Action in the district court for St. Louis county to recover a balance of $416.37 for goods delivered under a contract whereby plaintiff agreed to supply defendant such goods at stated prices and defendant agreed to sell them exclusively for the period of one year.

Action in the district court for Red Lake county to restrain the county commissioners of that county from issuing bonds for the building of a county courthouse. Defendants’ motion to dissolve the temporary injunction on the ground that it was improvidently granted, and that the complaint did not state facts sufficient to constitute a cause of action, was granted.

Action in tbe district court for Hennepin county to recover $92.69, for work and materials alleged to have been furnished in the repair of certain premises occupied by defendants; that the judgment be decreed to be a lien upon the premises; and that the premises be ordered sold to pay the judgment. The substance of the answer and reply and the facts are stated in the opinion.

Action in the district court for Hennepin county to recover $10,200 for personal injuries. The case was tried before Holt, J., and a jury which rendered a verdict in favor of’plaintiff for $1,500. 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 Freeborn county to recover $10,000 damages for libel published in The Evening Tribune, a newspaper published in the city of Albert Lea, and generally circulated within that city and within the Eirst congressional district of Minnesota, from which district plaintiff was elected member of the national house of representatives.

Action in tbe district court for Becker county to recover $10,400 for personal injuries. After tbe former appeal, 105 Minn. 144 (117 N. W. 223), tbe case was tried before Taylor, «L, and a jury wbicb rendered a verdict in favor of plaintiff. From an order denying its motion for judgment notwithstanding tbe verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to restrain defendant board and its secretary from proceeding in the matter of the revocation of plaintiff’s license as a medical practitioner. Defendant W. S. Fullerton, as secretary of defendant board, answered. The case was tried before Kelly, J., who found in favor of defendants and dissolved the restraining order pendente lite. From the judgment entered pursuant to the findings, plaintiff appealed.

'Action in the district court for Hennepin county to recover $155* the amount of an adjusted loss under defendant’s policy of insurance on certain crops growing in O’Brien county, Iowa, issued on April 8* 1903.

■ Action in the district court for Washington county to recover $15,-'000 for breach of promise of marriage. The case was tried before Stolberg, J., and a jury which rendered a verdict in favor of plaintiff- in the sum of $5,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for' a new trial, he appealed.

Action in replevin in the district • court for Goodhue county by the administrator of the estate of Ole R. Hammer, deceased, to recover possession of certain property, or the sum of $4,500 in case recovery could not be had, and $500 damages for the detention thereof.

Action in the district court for Benton county to recover $5,171 for personal injuries. The case was tried before Taylor, J., and a jury which rendered a verdict in favor of plaintiff for $1,500. 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 Kamsey county to recover $700 rent paid in advance for tbe use of a certain building wbicb was destroyed by fire. Tbe substance of the pleadings is stated in the opinion. Tbe case was tried before Bunn, J., who directed a verdict for $350 and submitted to tbe jury tbe merits of a counterclaim in tbe sum of $2,000. From an order denying defendants’ motion for judgment notwithstanding the. verdict or for a new trial, they appealed.

Action against defendant company and John P. Klovstad in the district court for St. Louis county to recover $20,750 damages for personal injuries. Prom an order, Dibell, J., overruling the demurrer of defendant Klovstad to the complaint, he appealed.

Action in the district court for Winona county against six insurance companies to set aside an award made by referees which determined that plaintiff’s loss by reason of a fire in the premises insured by the defendant companies amounted to $1,744.51 and no more, and to have the court determine the amount of loss and apportion it among the defendants. i The complaint alleged that plaintiff notified defendants immediately after the award that she was not willing to accept it…

Action against defendant corporation and Harry Lesard in the district court for Hennepin County to. recover $10,000 for personal injuries.

Action against William S. Boyer, Henry Clark and H. J. Trana in the district court for Wadena county to recover $794.32 upon a contract executed by plaintiff and defendant Boyer as principals, the performance of which by Boyer was guaranteed by the other defendants.

Action in the district court for Wilkin county to recover $1,500 for the alleged conversion of certain household property worth $500. The case was tried before Flaherty, J., and a jury which rendered a verdict in favor of defendant. From an order denying plaintiff’s motion to set aside the verdict and for a new trial, she appealed.

Action against Julius Stelter and Charles Maasch in the district court for Redwood county to restrain defendants from damming and obstructing a ditch, to compel them to remove the obstructions during the pendency of this action, and for damages in the sum of one hundred dollars.

'Action in the district court for Dodge county to cancel and deliver the instrument mentioned in the opinion. Defendant demurred to the complaint on the ground that it appeared upon its face it did not state facts sufficient to constitute a eause of action. From an order, Buckham, J., overruling the demurrer, defendant appealed.

Action in the district court for. St. Louis county to recover $1,128.-63.. The defendant prayed that the case be dismissed and for an accounting between plaintiff and defendant. The case was tried before Dibell, L, and a jury, which rendered a verdict in favor of défendaht. From an order- denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, she appealed.

Action in the municipal court of St. Paul to recover a balance of $500 for professional services rendered the defendant. The answer alleged that the services were of no greater value than $105, and defendant tendered judgment in the sum of $50. ' The case was tried before Hanft, J., who made findings and ordered judgment in favor of plaintiff for the sum of $470. From an order denying a motion for a new trial, defendant appealed.

Action by Klaas Goeman Pott and Heika 0. Goeman Pott against H. J. Hanson, Magdalena Hanson, Charles V. Holmstrom and J. S. Pomeroy in the- district court for Renville county to rescind an exchange of land in Kandiyohi, county for capital stock in the Universal Art Company, and to decree that plaintiffs axe the owners of the real estate described in the complaint, and for $3,000, the value of the real property conveyed by H. J. Hanson to A. H. Rosenquist.

Action against three fire insurance companies upon their policies of insurance on certain personal property.

In the municipal court of Duluth defendant’s demurrer to a complaint which charged' him with the violation of an ordinance of that city regulating the storage of explosives was overruled, Cutting, Special Judge.

Action in the district court for Lac qui Parle county to recover $240 for services rendered in procuring, a person to exchange land with defendant. The case was tried before Qvale, J., who made findings and ordered judgment in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Relator petitioned the district court for Itasca county for a writ of habeas corpus directed to Thomas T. Riley, as sheriff of that county. The writ was issued, and return to it having been made, respondent’s motion that, the writ be quashed and the relator remanded to the custody of the sheriff, was granted, Stanton, J. From the order granting the motion, relator appealed.

Helator petitioned the district court for Itasca county for a writ of habeas corpus directed to Thomas T. Kiley, as sheriff of that county.. The writ was issued, and return to it having been made, after hearing, the court, Stanton, I., ordered that relator be discharged from the custody of the sheriff. From that order, respondent appealed.

Action in the district court for Hennepin county to recover $3,-246.88, the total amount of twenty-two checks which were drawn on defendant to the order of the Dispatch Printing Company and were paid by defendant.

Action in the district court for Nicollet county to recover upon a promissory note for $560. The defenses were no consideration and false representations which induced defendants to sign the note in suit. The reply was a general denial and alleged that in order to obtain an extension of time on another note executed by defendant, the defendants executed the written agreement set out in the opinion and plaintiff’s readiness to furnish the release mentioned in that agreement.

Action in the district court for St. Louis county to recover $1,200 for damage to plaintiffs’ wharf, caused by defendant negligently keeping its vessel tied to it.

Action in the district court for Brown County to recover $5,000 for slander. The second trial of the action was before Olsen, L, and a jury which rendered a verdict in favor of plaintiff for $400. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $7,120 damages for injuries sustained while crossing the tracks after alighting from one of defendant’s cars. The case was tried before Cant, J., and a jury which rendered 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.

In an action in the district court for Ramsey county between Armitage-Herschel Company, as plaintiff, and Jacob Barnet Amusement Company and Jacob Barnet, as defendants, the plaintiff garnisheed the Merchants National Bank.

Action in tbe district court for Blue Eartb county to recover $2,000 on a promissory note executed by id. E. Babcock and D. T. Bowen.

Action in the district court for Clearwater county to recover $23,-•958.58. From an order, Stanton, J., sustaining defendant’s demurrer on the ground that the complaint did not state facts suf- ficient to constitute a cause of action, plaintiff appealed. The defendant and respondent, the county of Clearwater, was created from a portion of the territory originally comprising the plaintiff and appellant, the county of Beltrami, in November, 1902.

Action by the administrator of- the estate of Andrew Kerling in the district court for Yellow Medicine county to recover $5,000 for his wrongful death. The case was tried before Powers, J., and a jury which rendered a verdict in favor of plaintiff in the sum of $4,500. 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 restrain defendant as state oil inspector from interfering with plaintiff in its business of selling a certain brand of illuminating oil. The substance of the pleadings is stated in the opinion. The case was tried before Brill', J., who made findings and ordered judgment in favor of the plaintiff'. Thom the judgment entered pursuant to the order, the state appealed.

Action in the district court for Hénnepin county to set aside the certificate of sale upon foreclosure of a certain mortgage by advertisement and all the foreclosure proceedings. The complaint alleged that the notice of sale and all proceedings by virtue thereof were void in that the notice of sale did not set forth the time and place of sale according to law. From an order sustaining defendant’s demurrer to the complaint, Dickinson, J., plaintiff appealed.

Action in tbe district court for Hennepin county to recover $20,500-as and for money had and received. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. From an order, Simpson, J., overruling the demurrer, plaintiff appealed. Plaintiff seeks to recover a part of the consideration for an entire-contract.

Action in the municipal court of St. Paul to recover $50 for the loss of a dog alleged to have been killed through defendant’s negligence. Defendant in its answer admitted the killing of the dog upon its track, but denied its alleged negligence. The case was tried before Finehout, J., who made findings of fact and ás conclusion of law ordered judgment in favor of plaintiff for $50. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Ramsey county to recover $1,165 damages for obstructing and hindering the work of grading a certain highway, done under contract with defendant, and $100, the unpaid balance due on the contract. The material allegations of the complaint are stated in the third paragraph of the opinion.

Action by tbe administrator of the estate of Harold Anderson, deceased, in the district court for Carlton county to recover $1,999.99 damages for the death of his intestate. The ease was tried before Cant, J., and a jury which rendered a verdict in favor of plaintiff in the sum of $1,500. From an order denying defendant’s motion for judgment notwithstanding the- verdict, it appealed.

. Action in the district court for Morrison county to determine adverse. claims to certain unoccupied real estate. At the trial it was stipulated that defendant purchased the land at the forfeited sale in 1900. The case was tried before Taylor, J., who made findings of fact and as conclusion of law found that plaintiff was the owner in fee simple of the real estate in dispute. Defendant’s motion for a new trial was denied.

Action against the Chicago, Milwaukee-& St. Paul-Eailway Company and the Illinois Central Eailroad Company in the district court for Hennepin county to recover $637.08 for negligence in transporting a shipment of strawberries from Independence, Louisiana, to Minneapolis, Minnesota. .Before the plaintiff’s motion for a new trial had been decided, plaintiff dismissed the action as to the Chicago, Milwaukee & St. Paul Railway Company.

Action in the district court for Scott county for an injunction restraining defendant from maintaining a flow of water from a certain lake, and to recover $1,000 for damage to plaintiff’s land and crops. The facts are stated in the opinion. After the former appeal, 106 Minn. 269 (118 N. W. 1025), the defendant answered, putting in issue the allegations of the complaint.

Action in the district court for Hennepin county to rescind a contract to exchange a stock of goods for a conveyance of land in North Dakota clear of all incumbrance because of fraud upon reconveyance of the land by plaintiff to defendant, and for $2,500, the value of the stock parted with and damage sustained. The answer alleged the facts relating to the $800 mortgage which are mentioned in the second paragraph of the opinion, and set up a counterclaim for $350.

Action against C. B. Burt and Catherine Davis Burt in the district court for St. Louis county to recover $1,700 upon a promissory note signed by them. The answer alleged another action pending between the plaintiff and the defendant C. B. Burt, a stipulation that the two cases should be tried together, offered judgment against defendants for $700 or that said judgment be deducted from the amount which may be adjudged due C. B. Burt in the other action.

Action in the district court for Hennepin county to recover $550 upon an adjusted loss under defendant’s policy of insurance. The case was tried before Simpson, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order, defendant appealád.

Action in the district court for Hennepin county to recover $790 upon an adjusted loss under defendant’s policy of insurance. The case was • tried before Simpson, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order, defendant appealed.

Action in the district court for Hennepin county to recover $55 upon an adjusted loss under defendant’s policy of insurance. The case was tried before Simpson, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order, defendant appealed.

Action in the district court for Hennepin county to recover $496 upon an adjusted loss under defendant’s policy of insurance. The case was tried before Simpson, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order, defendant appealed.

Relator petitioned the district court for Itasca county for a writ of habeas corpus directed to Thomas T. Riley, as sheriff of that county. The writ was issued, and return to it having been made, respondent’s motion that the writ be quashed and the relator be remanded to the custody of the sheriff was granted,'Stanton, J.’ Prom the order granting the motion, relator appealed.

Relator petitioned the district court for Itasca county for a writ of habeas corpus directed to Thomas T. Riley, as sheriff of that county. The writ was issued, and return to it having been made, respondent’s motion that the writ be quashed and the relator be remanded to the custody of the sheriff was granted, Stanton, J. Prom the order granting the motion, relator appealed.

Upon the relation of the board of county commissioners for Meeker county this court issued its order directing respondent, as judge of the district court for Meeker county, to show cause why a writ ofmandamus should not issue requiring him to resettle and allow a “case” in the 'matter referred to in relator’s application.