Volume 111 — Minnesota Reports

Action begun in justice court to recover $62.50 upon a promissory note. From the judgment of the justice in favor of plaintiff, defendant J. G. Van Valkenburg appealed to the district court for Clay county. The case was tried before Baxter, J., who made findings and as conclusion of law found in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.'

Action in the district court for Ramsey county to recover $2,550 for personal injuries. The facts are stated in the opinion. The case was tried before Hallam, J., and a jury which returned a verdict in favor of plaintiff for $1,000. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for St. Louis county to recover $1,500 for alleged false representations on February 2, 1907, which induced plaintiff’ to purchase a half interest in a certain receipt for ■certain shares of stock.

On the petition of the board of county commissioners of Meeker county for a writ of mandamus directed to H. S. Johnson, auditor o£ Meeker county, the district court for that county made an order to show cause and directed that the order and petition be served on six persons of the name of Schultz, whose land had been assessed for the construction of the ditch mentioned in the opinion.

Action in the district court for Marshall county to recover $8,000 . for fraudulent representations made in the exchange of certain land.

Actions in the district court for Ramsey county under Laws 1891, p. 70, c. 8, to enforce the payment of unpaid balances of the taxes levied by the state board of equalization for each year from 1901 to 1905, both inclusive, upon defendant. for its lines and equipment within the state of Minnesota. The actions were consolidated during the trial thereof by stipulation. The total balance claimed by the state was $40,564.07.

Petition to tbe district court for Ramsey county for an alternative writ of mandamus, directed to defendant fraternal beneficiary association, commanding it to forthwith restore petitioner to full membership in the organization and reestablish his policy of insurance therein.

Appeal by John M. Oasey, the executor of the estate of John Casey, deceased, from a judgment of the district court for Wright county, entered pursuant to the order of Giddings, J., affirming the decree of the probate court of that county disallowing him the sum of $50 as attorney’s fee and holding void'.a bequest of $400 “for my executors to use as they see proper.”

Action in the district court for Becker county by the administrator of the estate of Nay-tah-waush, deceased, to recover $5,490' alleged to be due upon a certain nonnegotiable duebill.

Action in the’district court for Becker county to recover damages for wrongful entry upon certain lands and for the removal of the fence thereon; also for an injunction to restrain further trespasses.

Action in tbe municipal court of Minneapolis by Orin Banks, doing business as A. M. Banks Sons, to recover $233.90 damages for defendant’s negligence in transporting forty-five barrels of cranberries claimed to have been frozen in transit from Jersey City to Pittsburg.

Action in the district court for Kandiyohi county to recover $389.-50 damages for injuries to a span of horses and buggy, received while driving upon a public street by reason of the horses falling into an excavation. The answer set up the negligence of plaintiff. The reply was a general denial. The case was tried before Qvale, J., and a jury which returned a verdict in favor of plaintiff for $187.50.

Action in the district court for Lac qui Parle county to recover $1,000, alleged to have been paid as usurious interest. The complaint alleged the real estate was worth $25,000. The answer denied that the property was of any greater value than $16,000. The case was tried before Qvale, J., and a jury which returned a verdict in favor of plaintiffs for the amount demanded. Erom an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Wilkin county to recover $289.17. The case was tried before Elaherty, J., and a jury which returned a verdict in favor of plaintiff for $283.25. Erom an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $9,287.-82 for money had and received.

Defendant was indicted by the grand jury of Freeborn, county for the crime of grand larceny in the first degree in carrying away in the nighttime from the freight depot of a certain railway one shotgun, one violin, and other specified articles of the aggregate value of $194.

Action, in the district court for Hennepin county against A. G-. Johnson and A. W. Dreger, as sheriff, to set aside a levy and sale ■on execution. The facts are stated in the opinion. The case was tried before Donahue, J., who made findings and ordered judgment in favor of defendants dismissing the action. Erom the judgment entered pursuant to the order, plaintiff appealed.

Action in tbe district court for Hennepin county to recover $25,000 for personal injuries sustained while alighting from defendant’s street car.

Hpon the relation of Charles B. Johnson and Carl Johnson an alternative writ of mandamus issued from the district court for Hennepin county requiring respondent Brown, as city comptroller of the city of Minneapolis, to countersign a contract between the city of Minneapolis and relators for the erection of a dwelling house to be used by the superintendent of parks of that city, or show cause why he had not done so.

’Action in tbe district court for ftamsey county by the attorney .general, in the name of the state, to adjudge defendant guilty of unfair discrimination and unfair competition under Laws 1907, c. 369, and to cancel and annul the right, permit and license of defendant to do business in Minnesota, and for such further order in •the premises as will give full force and effect to such cancelation.

Action in tbe district court for Hennepin county by tbe administrator of tbe estate of Magnus Johnson, deceased, to recover $5,000 damages for the death of his intestate caused by defendant’s alleged negligence while employed in its grain elevator.

Defendant, having been indicted and tried in the district court for Blue Earth county for the crime of murder in the first degree, was duly acquitted. Upon being subsequently indicted for the crime in the second degree and arraigned, she pleaded a former acquittal and jeopardy. To this plea the state demurred. The court, Quinn, J., acting in the place of Pfau, J., sustained the demurrer, and the case was certified to this court.

Action in the district court for Hennepin county against Minneapolis Aerie No. 34 and Grand Aerie, Fraternal Order of Eagles, to recover $25,000 for an alleged unlawful ejection and expulsion from defendant society. The separate answer of the Grand Aerie averred that if the acts alleged were wrongfully done they were performed without the knowledge or authority of the answering defendant.

Action in tbe district court for Watonwan county upon four causes of action to recover $507.36 damages. The facts are stated in the opinion. The case was tried before Pfau, J., who submitted to the jury the second and third causes of action and refused to submit the first and fourth causes, for the reason that the evidence ■was not sufficient to justify the jury in finding a verdict for plaintiff. The jury returned a verdict in favor of plaintiff for $160.01.

Defendant was indicted in the district court for Blue Earth -county for the crime of forgery in the second degree in that he did utter, dispose of and put off as true to the National Citizens Bank of Mankato a certain false and forged contract and shipping receipt for 600 sacks of malt.

On petition of August Einne the district court for Eamsey county issued a writ of habeas corpus directed to William A. Gerber, sheriff of that county. On the return day the writ was discharged, Hallam, J. Erom the order of discharge, relator appealed.

Defendant was indicted in the district court for St. Louis county for the crime of murder in the first degree. The case was tried before Dibell, I., and a jury which returned a verdict of guilty. Defendant’s motion for a new trial was denied. Defendant was sentenced to imprisonment for life. From the judgment entered thereon, defendant appealed.

Action in the district court for Chisago county for an injunction to restrain the Swedish Evangelical Lutheran Cemetery Association of Chisago City from depositing or interring human bodies in its cemetery.

Action in the district court for Hennepin county to recover $1,999 damages for libel. Erom an order, Holt, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the municipal court of St. Paul to recover $500 on a* fire insurance policy. The substance of the pleadings is given in the opinion. The case was tried before Hanft, J., and a jury which returned a verdict in favor of plaintiff for the sum demanded. From» an order denying defendant’s motion for a new trial, it appealed.-

Action in the district court for Itasca county to recover $1,795 damages claimed to have been sustained by defendant’s negligence in holding certain goods, consisting of a carload of vegetables, for eight days before shipment and in failing to transport expeditiously plaintiff and some sixty-five men in his employ.

Action in the district court for Dakota county to- recover $500’ ■which it was alleged the city of South St. Paul exacted for a license-to sell intoxicating liquor in excess of the legal fee. The substance of the complaint is stated in the opinion. From an order, Crosby),' J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the municipal .court of St. Paul against George A. Johnson to recover $345, which defendant promised' to pay for a certain judgment of $350 in favor of the plaintiff, which she had assigned to defendant. O. O. McElwee and Dan J. Hollihan intervened. The substance of their complaint in intervention is stated in the opinion.

Action in tho municipal court of Duluth to recover $400 upon an alleged breach of contract of employment. In its amended answer defendant alleged plaintiff voluntarily left its employment and that she was paid-for all services rendered; that since leaving she had made no effort to procure other employment, and averred that if she had made any reasonable effort to do so she could have obtained it and received therefor an amount equal to that demanded.

Defendant was indicted in the district court for Carver county for selling intoxicating liquor to a minor. Defendant demurred to the indictment and the demurrer was overruled, Morrison, J., who certifiied to this court the questions stated in the opinion.

Action in the district court for Cottonwood county to recover $5,000 for an assault and battery. The answer alleged that before the commencement of this action another action had been brought for the same cause; that the former action had been settled and dismissed upon the merits by a stipulation of the parties before the present action was begun.

Action in the district court for Waseca county to recover $1,990 for personal injuries received while employed by defendant as a sectionman. The answer alleged that plaintiff entered into an agreement to accept $250 in full payment of all claims against defendant; that on March 21, 1906, he received that amount.

Action in the district court for Ramsey county to recover $25,000 damages for personal injuries sustained while employed by defendant. The answer denied negligence on the part of defendant’s servants or employees other than plaintiff himself. The case was tried before Brill, J., and a jury which returned a verdict in favor of plaintiff for $2,500. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted.

Action in the district court for Carlton county to recover $14,663 for loss of property by fire. A demurrer was interposed on the grounds that several causes of action were improperly united and that the facts stated did not constitute a cause of action. From an order, Dibell, J., overruling the demurrer of defendants Foley Brothers and Foley Brothers, Larson & Company, to the amended complaint, they appealed.

Action in the district court for Ramsey county to recover $1,000 upon a benefit certificate. The answer alleged that decedent had violated the conditions of the constitution in regard to members in arrears, had failed to pay his dues for the month of May, 1908, and been dropped as a member. The reply was a general denial. The case was tried before Bunn, J., who directed a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, she appealed.

Action in the municipal court of Minneapolis to recover $284 for unpaid rent under a written lease. The substance of the pleadings is stated in the opinion. At the trial defendant objected to the introduction of evidence on the ground that the complaint did not state facts sufficient to constitute a cause of action, and the objection was overruled. At the close of plaintiff’s testimony defendant’s motion to dismiss was denied.

Action in tbe district court for St. Louis county to recover $2,000 upon a benefit certificate. Tbe answer alleged tbat up to March 1, 1908, plaintiff bad complied ivitb tbe terms of tbe agreement for insurance, but tbat be bad failed to make tbe payment required in March, 1908, and thereby be bad forfeited bis rightá thereunder.

Action in the district court for Blue Earth county against George .A. McKinley, C. N. Sonnesyn and Brainerd Lumber & Mercantile 'Company to recover possession of certain lumber, or $6,000, the value thereof. The case was tried before Pfau, J., and a jury which returned a verdict in favor of plaintiff for $3,575. The facts are stated In the opinion.

Action in the district court for Hennepin county against E. J. Stearns and three others to recover $13,000 upon three promissory notes. The facts are stated in the opinion. The' case was tried before Brooks, J., who directed a verdict in favor of plaintiff for $14,223.16. Judge Brooks having resigned, defendants’ motion for a new trial was heard and denied by Hale, J. Erom the order denying the motion, defendants appealed.

Action in the district court for Stearns county against G. F. Dullam and all other persons unknown claiming title therein to determine adverse claims to a certain quarter section of land. Defendant Dullam alone appeared in the action and alleged that a certain mortgage for $2,500 executed by W. H. Dullam, the owner, to Fuella I. Sovereign and assigned by her to defendant was a valid subsisting lien upon the premises.

Action in the district court for Hennepin county by plaintiff as trustee in bankruptcy of Charles C. Leland to avoid certain pretended transfers of real estate from the bankrupt to his wife made to hinder and delay his creditors, more particularly C. F. Boshart and E. L. Boshart, and that defendant Mary W. Leland account to plaintiff for the proceeds of the portions of the real estate disposed of by her.

Action in the district court for Jackson county to recover possession of certain crops or, in case recovery could not be had, for the sum •of $450. The substance of the pleadings and the facts are stated •in the opinion.

• Action in the district court for Renville county to recover $465.65 for services rendered under contract in the digging of a certain well. The facts are stated in the opinion. The case was tried before Powers, J., and a jury which returned a verdict in favor of plaintiff for $479.88. Prom an order denying defendant’s motion to set aside the verdict and for a new trial, it appealed.

Action in the district court for Mille Lacs county to recover $375-damages for injuries to plaintiff’s team and two buggies caused by a. collision with an automobile.

Appeal by relator from an order of the district court for Lincoln county, Olsen, L, discharging a writ of habeas corpus and remanding relator to the custody of the sheriff of that county.

Actiou in the district court for St. Louis county by the administratrix of the estate of Gustaf Adolf Carlson, deceased, to recover $5,000 for the death of her intestate, due solely, as alleged, to the negligent acts of defendant.

Action in the district court for St. Louis county against Anton Johnson and Zenith Cedar Company to recover $10,360 for the removal of timber from certain land.

Action in the district court for Dakota county by the administrator of the estate of George W. Senecal, deceased, to recover $5,000 for the death of his intestate alleged to have been causd by an injury received while passing over a defective crossing in defendant city.

Proceedings in the district court for Clearwater county to collect taxes delinquent for the year 1905 against certain real estate. Forty-three objectors answered that they were homestead entrymen upon the lands belonging to them respectively, and the amount assessed was for one tenth of'the assessment for the construction of a ditch illegally established under Laws 1901, c. 258.

Action in the district court for Winona county to recover $1,000 upon a promissory note. The material allegations of the answer are stated in the opinion. The case was tried before Snow, T., and a jury which returned a verdict in favor of defendant Riechmann. From an order denying plaintiff’s motion to vacate the verdict and for a new trial, it appealed.

Action in the district court for Wright county to establish and foreclose a mechanic’s lien for $50.60 for labor and material claimed to have been furnished at defendant’s request for a certain building. The case was tried before G-iddings, J\, who made findings of fact and as conclusion of law ordered judgment in favor of plaintiff. Erom an order denying defendant’s motion for a new trial, he appealed.

Action by the administratrix of the estate of Ebenezer B. Rhea to recover $5,000 for the death of her intestate, alleged to have been caused by the negligent operation of defendant’s street car while decedent was a passenger thereon. The answer admitted that while a passenger decedent fell down in the car.

Action transferred to Eed Lake county, to recover $10,500 for personal injuries sustained while employed in defendant’s elevator. The facts are stated in the opinion. The case was tried before Watts,. J., and a jury which returned a verdict in favor of defendant, Erom an order denying plaintiff’s motion for a new trial, he appealed,

Application to the district court for St. Louis county to have the title to certain land registered.

Action in the district court for Ramsey county by E. O. Dosch and five others against Earle E. Andrus and E. M. Zuel to recover $1,000, earnest money paid upon an application for the purchase of certain land and $100 for personal expenses incurred in connection therewith.

In proceedings in the district court for Hennepin county by the state to collect $1,427.50 delinquent taxes upon certain personal property for the year 1906, defendant filed his answer. The facts are stated in the opinion. John E. Bell having died, David C. Bell, as executor, was substituted. The matter was heard before Brooks, J., who rendered judgment in favor of the state. From an order denying defendant’s motion .for a new trial, he appealed.

In the matter of the estate of Sarah P. Holdridge, deceased, the probate court for Hennepin county, George R. Smith, J., determined that the value of testator’s bequest to Rachel H. Holdridge was '$58,343.06; that the amount subject to inheritance tax was $48,-343.06, the rate of tax thereon one and one-half per cent., and the •amount of the tax at that rate was $725.15.

Defendants were convicted in the municipal court of Minneapolis of the offense of permitting a_ person under twenty:one years of age to be and remain in a certain dance house owned and kept by them. From an order, Charles L. Smith, J., denying defendants’ motion for a new trial, they appealed.

Action in the district court for St. Louis county to recover $40,000 for personal injuries to plaintiff’s infant son, George Bernhard Berg, sustained in Michigan while attempting to catch hold of the ladder of a box car of a moving train. The complaint alleged negligence on the part of defendant in permitting boys to play on and about its moving engines and trains.

Actions in the district court for Morrison county by the guardian of John McMahon, a minor, and Mary McMahon, a minor, to recover for each $500 deposited with the German American National Bank.

• Action in the district court for Iieimepin county to recover $3,000 damages for false representations made in the exchange of certain mining stock for land. The complaint set out the order mentioned in the opinion which in terms acknowledged the receipt of $3,000.

Action, in the district court for Blue Earth county to recover $1,200 for loss of a building insured in defendant company. Defendant admitted the issue of the policy, but alleged that it was procured through fraud and collusion between plaintiff and its agent; that the premium had not been paid, and that plaintiff made fraudulent proofs of loss. The case was tried before Pfau, J., and a jury which rendered a verdict in favor of plaintiff for $985.-92.

Defendant was convicted in the district court for Hennepin county of the crime of murder in the second degree and sentenced to confinement in the state prison for life. From the judgment defendant appealed.

Defendant was indicted by the grand jury for Beltrami county for the crime of petit larceny and, upon the grounds stated in the opinion, he moved to have the indictment set aside. The motion was denied, Wright, J., and at the request of defendant the case was certified to this court.

Action in the district court for Hennepin county to recover $500 for injury to plaintiff’s house. The case was tried before Dickinson, J., and a jury which rendered a verdict in favor of plaintiff for $100. Erom an order denying defendant’s motion for judgment .notwithstanding the verdict, it appealed.

Action in tbe district court for Hennepin county by tbe executor of the estate of John G. Lund, deceased, against Eranlc B. Allen and tbe Hennepin County Savings Bank for an accounting, and for judgment directing defendant bank to deliver certain conveyances to plaintiff upon receipt from plaintiff of the amount found to be due defendant Allen therefor.

From the decision of the judges of election canvassing the ballots cast for aldermen in the second ward of the city of Canby declaring L. Paulson elected, Edward Erickson appealed to the district court for the county of Yellow Medicine. The matter was heard before Powers, J., who made findings and ordered judgment in favor of the contestee. From the judgment entered pursuant to the order, Erickson appealed.

Action in the district court for Hennepin county to recover $720.24 on a contract for labor and materials. The case was tried before Holt, T., who found that defendant George W. Sublette was entitled to be dismissed with his costs and that plaintiff was entitled to recover the sum of $630.15 from defendant Anna 33. Sublette. From an order denying her motion for a new trial, she appealed.

Action in the district court for Ramsey county against C. H. Bradley, Jr., and E. R. Leslie to recover $2,000 upon four promissory notes made by defendant Bradley and indorsed by defendant Leslie. The separate answers of defendants admitted the execution and delivery of the notes, but alleged that they were executed and indorsed without consideration. The replies were general denials.

Proceeding in the district court for McLeod county to determine the amount due the county from the defendants on account of expenses incurred by the county preliminary to the establishment of a judicial ditch in the counties of McLeod and Sibley. All the defendants had petitioned for the ditch and defendants Fred Knick, E. W. Knick and William Ellies had given bond in the sum of $2,000 to pay the preliminary expenses in case the ditch should not be established.

Appeal to tbe district court for Brown county by Lars Knutsen and five others from an order' of the probate court of that county allowing the final account of Carl W. A. Erook, as executor of the estate of Anna Brust, deceased, which account included claims allowed to Henry F. Bergmann and Mary Hoerr for $1,295, the residue of the estate after complying with the provisions of the will, and an appeal by the same persons from the final decree of the probate court assigning the…

Action in the district court for Wilkin county to recover $140.20 by foreclosure of a mechanic’s lien. The facts are stated in the opinion. The case was tried before Elaherty, J., who found for defendant and that the mechanic’s lien filed by plaintiff was void. From the judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Big Stone county to rescind a contract for the purchase of land on account of alleged fraudulent representations. The facts are stated in the opinion. The case was tried before Elaherty, J., who found in favor of defendants. Erom an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Crow Wing county to determine-adverse claims to vacant and unoccupied land. The substance of the-answer is stated in the opinion. The case was tried before Wright, J., who found in favor of plaintiff and denied defendant’s motion for a new trial. From the judgment entered pursuant to the findings, defendant appealed.

Action in tbe municipal court of Minneapolis to recover $450 for alleged negligence in the transportation of a shipment of sheep. The facts are stated in the opinion. The case was tried before Waite, J., and a jury which returned a verdict in favor of plaintiff for $404. Erom an order denying defendant’s motion for a new trial, it appealed.

Plaintiff appealed to the district court for Dakota county from an award of commissioners .in condemnation proceedings awarding defendants B. E. Enggren and Ingeborg Enggren the sum of $1,000 as damages for the taking of certain land for the use of plaintiff railway company. The action was tried before Crosby, J., and a jury which rendered a verdict in favor of defendants for $1,500. Erom an order denying its motion for a new trial, plaintiff appealed.

Action, in the district court for Blue Earth county to recover $2,000 from Charles G-. Brazier and the Empire State Surety Company upon their bond to secure the execution of Brazier’s building contract with plaintiff.

Action in the district court for Goodhue county to recover possession of an undivided one-half of certain real estate and the sum of $5,000, the value of the crops, rents and profits, and the use and occupation of the premises.

Action in tbe district court for Hennepin county against Olaf Enerotb and Illinois Surety Company.

Action in the district court for Big Stone county to recover $4-25 for the conversion of grain. The answer was a general denial. The facts are stated in the opinion.

Action in the district court for Otter Tail county for divorce, custody of children and alimony. The case was tried before Baxter, J., who found in favor of plaintiff. From the judgment entered pursuant to the findings granting plaintiff a divorce, the custody of three children, the issue of the marriage, and $4,600 alimony and $225 semi-annually for support of the children, defendant appealed.

Action in tbe district court for Hennepin comity by the administratrix de bonis non of the estate of Francis M. Israel, deceased, to recover $8,000 for commissions earned in'the service of defendant’s assignor by plaintiff’s intestate and for damages to the business of the intestate caused by the assignment. The substance of the answer, which alleged a counterclaim of $182.11, is stated in the opinion. The reply was a general denial.

Action in the district court for St. Louis county to recover $12,000 for personal injuries incurred while a passenger upon defendant’s train. The accident consisted in the rear part of the train colliding with the front part thereof, by reason of which plaintiff was thrown out of her seat. The substance of the negligence alleged in the ■complaint is stated in the third paragraph of the opinion.

Summary proceedings in the district court-for Ramsey county against Charles H. Curtis, sheriff of Lincoln county, to recover $355.10, damages to plaintiff, and for a fine of not exceeding $200’ in favor of Ramsey county, on account of the failure of the sheriff to levy on the property of defendant Christensen. Upon an order to show cause, the sheriff filed affidavits to the effect set forth in the opinion.

Action in the district court for Hennepin county to recover $50,000 damages for breach of contract to sell standing timber.

Carrie W. McCauley appealed to the district court for Wilkin ■county from the order of the board of supervisors of the Town of McCauleyville establishing a public cartway over part of plaintiff’s land'. The appeal was heard before Elaherty, J., who ordered the proceedings of the board of supervisors vacated so far as they affected plaintiff. Erom an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Marshall county to recover $2,000 for personal injuries.

Action in the district court for Ramsey county to restrain defendant from attempting to enforce chapter 428, p. 516, Laws 1909, as against plaintiff. Defendant demurred to the complaint on- the ground that the same did not state a cause of action. From an order, Hallam, J., overruling the demurrer, defendant appealed.

Action in tbe district court for Hennepin county to recover $3,000 damages for loss of an equity of redemption from defendant’s failure to make a loan. The substance of tbe pleadings is stated in tbe opinion. Tbe case was tried before Holt, J., who, after plaintiff rested, granted defendant’s motion to dismiss on the ground that plaintiff bad failed to prove a cause of action. Erom an order denying plaintiff’s motion for a new trial, be appealed.

Action in the district court for Itasca county by tbe administratrix of the estate of Francis Paul Decker, deceased, to recover $5,000 for the wrongful death of her minor intestate.

Action in the district court for Hennepin county against Platt B. Walker, Jr., E. O. Pickier, Frank Y. Haven and Ezra North-field to recover $10,000 damages for alleged conspiracy in procuring the vacation of a certain alley. The substance of the complaint is. stated in the opinion. From an order, Brooks, J., sustaining, defendants’ demurrer to the complaint, plaintiff appealed.

10 was affirmed, and the action was dismissed, Dickinson, J. From an ■order denying plaintiff’s motion for a new trial, she appealed.

Action in the district court for Eamsey county against Otto S. Langum, as sheriff of Hennepin county, the Gamble-Eobinson Commission Company and the Merchants Cold Storage Company, for the recovery of one hundred fifty cases of eggs wrongfully takeru from plaintiff, or $1,080, the value thereof, and $100 damages.. The answer was a general denial. The facts were stipulated.

Action in the district court for McLeod county to restrain defendant from continuing certain inadequate culverts. Defendant demurred on the ground that the complaint did not state facts sufficient to constitute a cause of action. Erom an order, Morrison, J., overruling the demurrer, defendant appealed.

Action in the district court for St. Louis county against George W. Decker, Jennie Pond Decker and Clyde Iron Works by an alleged creditor of defendant Decker to subject to the payment of its 'claim the debtor’s interest in certain patents and in a contract under which defendant Clyde Iron Works paid royalties and stipends for the privilege of manufacturing and selling the patented contrivance.

Action in ejectment in the district court for Stearns county to recover possession of a tract of land containing about three acres and alleged to be a part of lot 10 in a certain section. The answer was a general denial. The facts are stated in the opinion. The second trial was before Giddings, J., who made findings and ordered judgment in favor of plaintiff. From an order denying defendant’s motion for a new trial, he appealed.

Action in tbe district court for Hennepin county against tbe city ■of Minneapolis, Andrew Einker, Ellis E. Dutton and Fred Bobmbach, to recover $2,000 damages for grading and lowering Melbourne avenue, a public street, in front of plaintiff’s land.

Action in the district court for St. Louis county to recover $5,000 damages sustained while employed by defendants. The complaint alleged that defendants negligently failed to furnish plaintiff with a safe place in which to work and to warn plaintiff of the dangers incident to the work, and adopted a dangerous method of doing the work. The facts are stated in the opinion.

Action in the district court for Blue Earth county to recover $840 commissions alleged to be due upon the sale of certain real estate. The facts relating to the first cause of action for $540 are stated in the opinion. The case was tried before Pfau, J., and a jury which returned a verdict in favor of plaintiffs for $1,161.90. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Defendant was convicted in the municipal court of Minneapolis of violating Laws 1909, c. 259, § 14, in neglecting to drive a furniture van drawn by two horses near the right curb of the street, being then and there a street where traffic is large and usually congested with horse-drawn vehicles, and fined' five dollars or in default thereof to be imprisoned five days in the workhouse.

Action by the administrator of the estate of Charles O. Nichols,, deceased, in the district court for St. Louis county, to recover $5,000 for the death of his intestate.

Action in the district court for Blue Earth county to recover $100 under a written lease for rent of certain premises for the term of ■ four months from June 26, 1908, to October 26, 1908. The substance of the answer and the reply is stated in the opinion. The case was tried before Pfau, J., and a jury which found in favor of defendant and answered affirmatively the special question quoted in the third paragraph of the opinion.

Action in the district court for Hennepin county against Northern Pacific Railway Company and Cameron Transfer & Storage Company to recover $1,252.67, the value of certain household goods-which were destroyed by fire while in possession of defendant railway company. . The substance of the complaint is stated in the opinion.

Action by tbe administratrix of tbe estate of William H. Lewis, deceased, to recover $5,000 for the death of her intestate caused by defendants’ alleged negligence while in its employ.

Action in the district court for Cass county to recover $5,883.47 upon an alleged modification of a written contract. The complaint alleged the facts set forth in the opinion. The case was tried before Btanton, J., and a jury which returned a verdict in favor of plaintiffs for $6,430.51. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for St. Louis county to recover $6,135-.74 amount claimed to be due under a certain logging contract.

Action in the district court for Hennepin county to recover possession of certain property, or for the sum of $450, the value thereof, in case delivery could not be had and for $15 damages for the detention thereof.

Action in the municipal court of Minneapolis to recover $250 commission for having “been instrumental in effecting a trade” of certain real estate.

Action in the district court for Freeborn county to recover $290 for the killing of certain cattle alleged to have been caused through defendant’s negligence.

Action in the district court for St. Louis county to recover $868.86, the purchase price of certain'posts cut by plaintiff and sold by him to> defendant under written contract of salé. The facts alleged in the answer and reply are stated in the opinion. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for $863.30.

Action in the district court for Red Lake county to recover $204, the reasonable value of services rendered defendant city by plaintiff while acting as its health commissioner. From an order, Watts, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Ramsey county to recover $1,000 upon a fire insurance policy. The answer alleged that plaintiff was not the owner of the property insured and had no insurable interest therein. The reply was a general denial. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict in favor of plaintiff for $1,024.66. From an order denying defendant’s motion for a new trial, it appealed.

Application to the district court for St. Louis county to have the title to certain land registered. The answer of the Northern Pacific Railway Company was similar to the answer filed by it in the Gridley case (supra, page 281). The facts were stipulated. The terms of the conveyance from applicants’ remote grant- or were similar to those in the deed considered in the Gridley case.

Action in the district court for Le Sueur county to dissolve a partnership between plaintiff and defendant and for the appointment of a receiver to dispose of the stock in trade. The answer contained a similar prayer. A receiver having been appointed, the case was tried before Morrison, J., who made findings and as conclusion of law found that of the moneys in the hands of the receiver plaintiff was entitled to $130.41 and defendant to $1,048.54.

Action in the district court for Marshall county brought under section 4424, Tt. L. 1905, to determine the adverse claim of defendant under a certain judgment against Osman Axtell to certain vacant and unoccupied real estate.' The ■complaint alleged the adverse claim was unfounded both in law and fact. The defendant interposed a demurrer to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action.

Action in the district court for Blue Earth county to recover $384.13, damages to certain land caused by the alleged negligence of defendant in complying with a contract and a subsequent stipulation relating to the construction of a drain upon his land, resulting in the flooding of plaintiff’s land. The facts are stated in the opinion.

Action in the district court for Le Sueur county to recover $3,000 for personal injuries alleged to have been caused by the defective condition of a sidewalk in defendant city.