Volume 112 — Minnesota Reports

Action in. the district court for Renville county against E. J. Butler and Mat Schnichels to recover $250, alleged to have been paid ont on two claims against plaintiff town, upon their authority, while acting as town supervisors. The answers were general denials. The facts are stated in the opinion. The case was tried before Powers, J., who at the close of plaintiffs testimony dismissed the action. Prom an order denying plaintiffs motion for a new trial, it appealed.

Action in the district court for Ereeborn county to reform the engineer’s report in a certain county ditch proceeding, to reform the contract between plaintiff and defendant for the construction of a ditch, and to recover $402.44:.

Action in the district court for Hennepin county to recover' $1,648 for breach of the covenants of seisin, and of warranty and quiet enjoyment, contained in a warranty deed. The defendants separately demurred to the cause of action alleged upon the covenant of seisin, and their answers' to the cause of action on the covenants of warranty and quiet enjoyment were a general denial, except that the conveyance from defendants to plaintiff was admitted.

Action in the district court for Hennepin county to recover $5,000 damages to plaintiff’s good name and reputation as a grocer, and in his business, because of the alleged manufacture and sale to him of five gallons of cooking oil, which he claimed to be impure and poisonous..

Action in the district court for Hennepin county to recover $5,600- on account of alleged damages to a shipment of live stock from Browning, Montana, to St. Paul, Minnesota. From an order, Holt, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Hennepin county by twelve plaintiffs engaged in the milk business to enjoin defendant city and its health commissioner, its servants, agents, and inspectors under its control, from seizing milk belonging to plaintiffs.

Action in tbe district court for Blue Earth county to recover $1,695 for necessary services rendered in connection with eradicating and controlling an epidemic of smallpox and typhoid fever in defendant city. From an order, Pfau, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for Cass county to recover $1,995.

Action in the district court for Hennepin county to recover $1,-435, for the conversion of a package of jewelry delivered to defendant at the city of' New York for transportation to Pennsylvania, which was never delivered. The substance of the answer and reply is given in the opinion. The case was tried before Holt, J., and a jury which returned a verdict in favor of plaintiff for $1,296.

Action in the district court for Ramsey county against Chicago, St. Paul, Minneapolis & Omaha Railway Company and Theo. Hamm Brewing Company to recover $20,500 for personal injuries caused by defendants’ careless operation of a switch engine across Reaney street in St. Paul.

Action in the district court for Hennepin county to recover $15,-000 damages sustained while in the employ of defendants in the construction of a bridge. The facts are stated in the opinion. The answer was a general denial, and alleged the negligence of plaintiff. The case was tried before Dickinson, J., who directed a verdict in favor of defendants. From an order granting plaintiff’s motion for a new trial, defendants appealed.

Action in the district court for Itasca county to recover possession of a strip of land, $600 for its use and occupation, and $500 damages for failure to fence the railroad upon it and for injuries to plaintiff’s livestock.

Defendant was arraigned in the municipal court of Mankato upon the charge of Sabbath breaking, to which he pleaded “not guilty.” The case was tried before Comstock, J., and a jury which returned a verdict of “guilty.” From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Kamsey county by the trustee in bankruptcy of the Winslow Furniture & Carpet Company, to have ■defendant declared the owner of three hundred fifty-five shares of its capital stock, and that he be ordered to pay over to plaintiff all the moneys which had been paid to him in cash or by reason of certain promissory notes, to-wit, the sum of $25,008. The facts are .stated in the opinion.

Action in the district court for Hennepin county to recover $20,-000 for personal injuries sustained while in defendants’ employ as an iron worker. The facts are stated in the opinion.

Action commenced in justice' court to recover a balance of $99 for labor claimed to have been performed under a certain contract, the terms of which are set forth in the opinion. The substance of. the answer is stated in the opinion. The case was appealed to the district court for Dakota county, but before the cause was reached counsel for defendant moved for continuance or postponement on the ground of the unavoidable absence of defendant, and the motion was denied.

Action in the district court for Ramsey county to recover $2,-500 on account of defendant’s secondary liability as á former stockholder in the State Bank of St. Paul. The substance of the complaint is stated in the opinion. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Erom an order, Bunn, J., overruling defendant’s demurrer to the complaint, defendant appealed.

Action in the district court for Ramsey county against J. A. Hurley and the Western Supply Company to determine that defendants had not any right, claim or demand in or to certain parcels of real property described in the trust deed mentioned in the opinion; but only the right to receive from plaintiff trustees out of the proceeds on the sale thereof such sums of money as by the terms of the trust deed defendant was entitled to receive on account thereof, and that any deed…

Action in the district court for Hennepin county to recover $10,-900, for personal injuries sustained because of defendant’s negligence in operating bis automobile. The substance of tbe complaint and answer, is stated in tbe opinion. Tbe reply was a general denial. Tbe case was tried before Holt, J., and a jury wbicb returned a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, be appealed.

Action in the district court for St. Louis county to recover $26,-826.86, money alleged to have been fraudulently paid out by defendant as treasurer of plaintiff town. Tbe facts are stated in tbe opinion.

Accusation by the state board of law examiners against Ernest S. Cary for wilful misconduct in his profession, and petition that he be removed from his office as attorney at law.

Action in the district court for Beltrami county by the International Boom Company and Namakan Lumber Company to recover possession of certain saw logs or for $15,000, the value thereof, and $3,000 damages for the detention thereof. The former appeals in this action are reported in 9Y Minn. 513, 10Y N. W. Y35, and 104 Minn. 152, 116 N. W. 221. The case was tried before Wright, J., and a jury which found defendant entitled to a return of the property or the sum of $6,854.

Defendant was indicted in the district court for Le Sueur county for the crime of seduction. The case was tried before Morrison, L, and a jury which returned a verdict of guilty. From an order denying defendant’s motion for a new trial, he appealed.

Action, in the district court for Hennepin county to recover $1,-675 damages for defendant’s failure to furnish cars for the transportation of sheep according to the terms of its contract. The facts are stated in the opinion. The case was tried before Booth, J., and a jury which returned a verdict in favor of plaintiffs for $1,550. 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 Blue Earth county for an injunction restraining defendants from constructing a permanent dam across the natural outlet of Jaclcson lake.

Relator, having been imprisoned by virtue of a warrant of commitment, which he claimed to be illegal and in contravention of R. L. 1905, § 4641, and of articles 5 and 8 of the federal constitution and of section 7 of article 1 of the state constitution, petitioned the district court for Hennepin county for a writ of habeas corpus directed to the sheriff of that county. From an order, Hale, J., discharging the writ, relator appealed.

Action in the district court for Cook county against Alexander Fraser and nineteen other defendants to determine adverse claims to certain vacant and unoccupied lands. The answer of defendants McGindley and Nesbitt alleged that defendant A. N. McGindley had absolute title to the property derived from a tax certificate, delivered to him by reason of the nonpayment of taxes, and that Edwin N. Nesbitt was the absolute owner of a one-twelfth interest in fee simple in tbe land.

Upon information of the attorney general this court issued its writ of quo warranto directed to J. H. Fleming, requiring him to show by what warrant he assumed to exercise jurisdiction as special municipal judge of the city of Virginia. The facts were stipulated. Defendant demurred to the petition for the writ.

Action in the district court for Ramsey county against William J. Hoy and Michael J. O’Neil to recover $37,500 for personal injuries ¡sustained by plaintiff while in the employ of defendant O’Neil, an independent contractor, in a building of which defendant Hoy was -the general contractor. After the death of plaintiff, the special administrator of his estate was substituted in his place.

Action in the district court for Hennepin county to recover $10,000 for injuries sustained while employed by defendant in operating a planing machine in its factory.

Action, in tbe district court for Hennepin county to recover $5,000 for personal injuries sustained in tbe nighttime by falling into a hole in Minnehaha boulevard, under tbe bridge on Nicollet avenue. Tbe complaint alleged tbe existence of tbe bole for a long time to tbe knowledge of defendant city and tbat the injury occurred without contributory negligence on tbe part of plaintiff.

Defendant was convicted in the municipal court of St Paul of a violation of Laws 1909, p. 310, c. 259, § 16, in driving a certain motor car on the public streets, traversing street crossings without having such car under perfect control, and was sentenced to thirty ■days in the workhouse. He appealed to this court from the judgment.

Action in the district court for Goodhue county to recover $6,000 for personal injuries sustained while working in defendant’s brick factory.

Submission of a controversy to the 'district court for Hennepin county upon an agreed statement of facts, pursuant to E. L. 1905, § 4286. The services mentioned in the opinion were rendered in a suit by Mae Snow against defendant board of education and five of its members. The other facts are stated in the opinion. The matter was heard by Hale, J., who found that plaintiff was not entitled to recover $650 or any other sum, and ordered judgment in favor of defendant.

Action in the district court for Benton county against the Watab Bapids Power Company and the Watab Pulp & Paper Company to recover $570 damages to crops caused by defendants’ alleged unlawful acts and $5,000, in the event it should be held by the court that a certain dam was permanent in its character and that defendants had a legal right to maintain it.

Action in the district court for Lyon county in behalf of plaintiff and all other creditors entitled to become parties to the action, to have defendant apply toward the payment of plaintiff’s judgment against Wesley Keith dated July 12, 1892, the real estate awarded to defendant in the partition proceedings mentioned in the opinion, to sell the property and apply the proceeds toward the payment of the judgment, to enjoin defendant from selling or encumbering or ■otherwise…

Action by tbe administrator of tbe estate of Oscar S. Martin, deceased, against George T. Honstain and William Bros Boiler Manufacturing Company in tbe district court for Hennepin county to recover $5,000 damages for tbe death of bis intestate. Tbe facts are •stated in tbe opinion. At tbe close of plaintiff's evidence be dismissed tbe case as to defendant Honstain. Tbe case was tried before Simpson, J., and a jury wbicb returned a verdict in favor of plaintiff for $5,000.

Action in tbe district court for Hennepin county to recover $12,000 damages for breach of contract. The complaint alleged a verbal agreement to sell plaintiff twenty-four hundred acres of land, described in the complaint, at the price of $8 per acre, payable part in cash and the balance on or before five years with interest.

Action in the district court for Ramsey county on six causes of action to recover $30,000 for slander. From an order, Kelly, J., sustaining defendant’s demurrer to the amended complaint, plaintiff appealed.

Action in district court for Ramsey county to recover $22,500 damages for libel. Tbe substance of tbe complaint and answer is given in tbe opinion. Tbe reply denied that tbe letter in controversy was a personal letter; admitted that subsequent to tbe writing of tbe letter defendant attempted to repudiate it, but denied that it did or could repudiate it. Tbe case was tried before Olin B. Lewis, J., who directed a verdict in favor of defendant.

Action in the district court for Ramsey county by plaintiff, by bis guardian, against defendant company and William Keys, to-recover $50,000 for personal injuries sustained by being forcibly ejected from defendant’s train.

After the decision on the former appeal, reported in 103 Minn. 212 (114 N. W. 700) defendants amended tbeir answer as stated in the opinion.

Action in the district court for Eock county by E. B. Hinkley, substituted for the Eock County Bank, to recover $776 upon a promissory note. The facts are stated in the opinion. The reply was a general denial. The case was tried before Quinn, J., acting for the judge of the Thirteenth judicial district, and a jury which returned a verdict in favor of plaintiff for $217.22. From an order denying defendant’s motion to set aside the verdict and for a new trial, he appealed.

Action in the district court for St. Louis county against Republic Iron & Steel Company, Joseph Popart and Duluth & Iron Range Railroad Company, to recover $25,000 for personal injuries. The facts are stated in the opinion. From an order, Cant, J., overruling defendant Duluth & Iron Range Company’s demurrer to the amended complaint, it appealed.

Action in the district court for Yellow Medicine county to recover $114.78, balance alleged to be due upon the purchase price of certain merchandise and for money loaned. The substance of the pleadings is stated in the opinion. The ease was tried before Powers, J., and a jury which returned a verdict in favor of plaintiff for $133.83. And a special verdict that plaintiff loaned defendant $20. Prom the judgment entered pursuant to the verdict, defendant appealed.

Action begun in the district court for Hennepin county and transferred to Ramsey county to recover $860, balance alleged to be due as commission for the sale of certain land made on March 18, 1909. The defense set up in the answer is stated in the opinion. The written agreement set out in the complaint provided that it should terminate on December 31, 1909, if not sooner cancelled.

Application to tbe district court for Hennepin county by William Hendricks and Editb M. Hall to register title to certain land under the Torrens act. The examiner of titles recommended that the Central Real Estate Company and certain lien claimants be made parties.

Adolf Lando appealed to tbe district court for Ramsey county from an order of the probate court for that county denying bis petition for bis appointment as administrator of the estate of his son, David Herman Lando, who died in Vienna, Austria, in May, 1908. In the district court it was ordered that the petition for his appointment should stand for a complaint and Ida Lando have leave to answer.

Action in the district court for Polk county to recover $50,000 for personal injuries sustained by. plaintiff. The case was tried before Watts, J., and a jury which rendered a verdict for plaintiff in the sum of $3,500. 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 Stearns county to recover $220 for the conversion of certain grain. The defendant justified the taking as sheriff of the county under a writ of attachment directed to him in an action by one Bouclc against Andrew Kroll, and alleged that the grain was the property of Andrew Kroll. The reply was a general denial. The case was tried before Taylor, J., and a jury which, found in favor of plaintiff and assessed her damages at $210.91.

Action in the district court for Ramsey county to have plaintiff adjudged to be the owner of a life estate in the homestead of her deceased husband free from any right of occupancy by defendants, his children, and to have defendants enjoined from interfering with the exclusive enjoyment of the homestead by plaintiff. The facts are stated in the opinion. The case was tried before Kelly, J., who found in favor of defendants.

Eboba E. Gage, as executrix of the will of James E. Gage, deceased, and individually, and John C. Gage and Joseph P. Gage obtained from this court a writ of certiorari addressed to the probate court of Hennepin county and Honorable George E. Smith, judge thereof, to review the determination of that court relating to the tax imposed upon the Gage estate and the legacies and devises contained in that will.

Action in the district court for St. Louis county against American Bonding Company of Baltimore and J. W. Hilliard to recover .$6,500 on a bond given to secure tbe performance of a building contract. The facts are stated in the opinion.

Action in the district court for Hennepin county to compel defendant to place plaintiff on its pension roll, and to pay him such money as he was entitled to by reason of his injuries received from •exposure in the service of the Minneapolis fire department.

Action in the district court for St. Louis county against Duluth & Iron Range Railroad Company and Paul Tingertahl to recover $35,000 for personal injuries.

Action in the district court for Hennepin county by the owners of certain real estate against defendant city, its mayor and city clerk, to restrain the enactment of an ordinance prohibiting the establishment of the enterprises enumerated in the opinion within a certain district. The action was begun after the passage of the ordinance by the city council and before it had been sigued and approved by the mayor or published.

Action in tbe district court for Hennepin county to recover $5,731 for personal injuries. The case was tried before John Day Smith, J., who, at the close of plaintiff’s case, denied defendant’s motion for a directed verdict on the ground that the evidence failed to establish a cause of action against defendant, and especially upon the ground that the notice required to be given by the plaintiff before suit was not in compliance with the law.

Action in the district court for McLeod county against Samuel Dewing, Louise Dewing and Frank Klaus, as sheriff, to have set aside for fraud two certain judgments against plaintiff’s husband, and to restrain defendants from enforcing the judgments against his property.

Action in the district court for Pope county to recover $1,350 for the wrongful taking of certain of plaintiff’s property. The answer set up that defendant foreclosed a chattel mortgage made by plaintiff and another to secure the payment of nine promissory notes, bid in the mortgaged property, and thereupon took possession of it.

Action in the district conrt for St. Lonis county to restrain defendant from using tbe name “Northwestern Knitting Mill” or any other name that is a colorable imitation of plaintiff’s corporate name; from doing any act tending to cause the public to believe it is dealing with plaintiff when it is in fact dealing with defendant; from selling any knit goods manufactured by him as manufactured by plaintiff, and for an accounting.

Proceeding in the nature of quo warranto against the village of Alice, the president, clerk and trustees of the village, to test the validity of the incorporation of the village. Respondents answered the petition of the relator, and. he demurred to the answer on the ground that it did not state facts sufficient to constitute a defense to the information filed. The substance of the facts, as alleged in the answer or admitted, is given in the opinion.

Action in the district conrt for Wilkin county to restrain the construction of a certain ditcb. After the former appeal, reported in 101 Minn. 271, 112 N. W. 274, tbe case was tried before Flaberty, J., who made findings of fact and conclusions of law and ordered judgment restraining the defendants. Subsequently, on motion, the conclusions of law were modified and judgment entered thereon modifying the former judgment. From the modified judgment, plaintiffs appealed.

Action in the district court for Ramsey county to recover $25,000 for personal injuries. The answer admitted the loss of plaintiff’s hand caused by being struck by the locomotive. The case was tried before Kelly, J., and- a jury which returned a verdict in favor of plaintiff for $3,000. 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 Eamsey county to recover $2,599.-55, balance alleged to be due upon a certain contract.

Action in the district court for Yellow Medicine county, which was transferred to Marshall county, to recover $948.90 on a promissory note. Plaintiff caused certain of defendant’s property to be attached. Defendant moved to vacate the attachment and supported the motion with affidavits, and plaintiff opposed the motion with counter affidavits. The motion was heard and granted by Grindeland, J. From the order granting the motion, plaintiff appealed.

Action in the district court for Ramsey county to recover $30,000 for personal injuries. The answer was a general denial. The facts are stated in the opinion. The case was tried before Brill, J., who at the close of plaintiff’s case denied the motion of defendant for a directed verdict. The jury returned a verdict in favor of plaintiff for $10,000. The defendant moved for judgment notwithstanding the verdict or for a new trial.

Action in the district court for Otter Tail county to recover $36,100 for personal injuries sustained while acting as locomotive fireman on defendant’s train.

Action in the district court for Hennepin county by the administrator of the estate of Howard 0. .Powers, deceased, against Horace G. Burt and Charles H. E. Smith, as receivers of the Chicago Great Western Railway Company, and the Chicago Great Western Railroad Company, to recover $10,000 for the death of his intestate on March 4, 1909.

Petition to the district court for Douglas county for a writ of mandamus to compel the village council of the village of Osakis to issue a license to sell liquor.

Petition to the district court for Hennepin county for a writ of mandamus to compel the comptroller of the city of Minneapolis to countersign a warrant for $60., for services rendered by petitioner, at the request of the board of education of Minneapolis, in making an inspection of the physical condition of the pupils in certain schools. The defendant’s motion to quash the writ was denied. From a judgment, Holt, J., granting the writ, respondent appealed.

Petition to the district court for Ramsey county for a writ of mandamus against defendant, as auditor of that county, requiring him to make and deliver to relator his order on the county treasurer for the amount paid by a purchaser at certain tax sales and by the assignees of the state on taking certain assignment certificates.

Action in tbe district court for Stearns county against Wesley Carter, to recover $2,495 upon tbe written contract set out in tbe opinion.

<p>Rules regarding inspection oí cars — question of fact.</p> <p>The question whether certain rules of the defendant, in respect to the inspection of cars, specifically made applicable to employees in the freight train service, applied to and controlled switchmen in the discharge of their duties, held one of fact for the jury.</p> <p>Evidence of contributory negligence.</p> <p>Evidence held not so far conclusive of plaintiff’s contributory negligence as to authorize a judgment notwithstanding the verdict of the jury.</p>

Action in tbe district court for Hennepin county to recover $1,-934.40 paid by plaintiffs to defendant upon a contract to sell certain land to plaintiffs. The contract is given in tlie opinion.

Action in the district court for Ramsey county to have a certain judgment set aside and perpetually enjoined; to have the sale of the “Omaha hotel” made under execution issued under the judgment declared void and set aside, and for an accounting. The case was tried before Olin B. Lewis, J., who made findings of fact as stated in the opinion, and ordered judgment in favor of defendant.

Action in tbe district court for Itasca county to quiet title to certain land. Defendant Charles A. Long gave notice of motion, to be made on February 3, 1909, to open tbe judgment entered in tbe action and permit bim to appear and defend tbe action on tbe ground the summons was not personally served upon him; that he had no notice of the action and had a good and substantial defense.

Action in the district court for Hennepin county to recover $250 upon a promissory note.

Appeal to the district court for Chisago county by O. H. Peterson from the declared result on the question of license at an election held on March 8, 1910, in the village of Taylors Falls. The matter was heard before Stolberg, J., who dismissed the contest. From the judgment entered pursuant to the order of dismissal, contestant appealed.

Action in the district court for St. Louis county against A. H. Powers and George A. E. Simpson, partners doing business as the Eock Lake Lumber Company, by Herman Hoffer, a minor, to recover $300 special damages and $7,000 general damages for injuries received while in defendants’ employ, and an action by Omar Hoffer, father of Herman Hoffer, to recover $1,700 general damages and $300 special damages for loss to the father because of his son’s accident.

Action in tbe district court for Washington county against P. X. Ekstrand, P. D. Scannell and Albert P. Hendrickson to bave a certain deed decreed to be a mortgage and foreclosed. Tbe facts found are stated in tbe opinion. Erom tbe judgment entered pursuant to tbe order for judgment in favor of plaintiff, Stolberg, J\, defendants appealed.

Action in the district court for McLeod county to have a certain boundary line fixed and determined. The answer admitted the lands claimed by defendant abutted upon plaintiff’s land and that a dispute had arisen as to the exact location of the boundary line between the premises; denied that defendant claimed any portion of plaintiff’s land and demanded that the action be dismissed. The reply was a general denial.

Action in the district court for Clay county to recover $3,000 upon a fire insurance policy. The facts are stated in the opinion. The case was tried before Baxter, J., who made findings of fact and found that defendant was entitled to judgment. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Defendant was convicted in the district court for Wright county of the crime of assault in the second degree and sentenced, Giddings, J., to six months in the state prison at Stillwater. From the judgment entered therein, she appealed.

Upon the petition of Alice Jackson the district court for Hennepin county issued its writ of habeas corpus directed to E. R. McDonald, keeper of the workhouse in the city of Minneapolis. The matter was heard before Dickinson, J., who at the close of the testimony discharged the writ and remanded the relator to the custody of respondent. Erom the judgment and order, relator appealed.

Action in the district court for Swift county to recover $500 upon a promissory note. The defendant in his answer admitted signing the note, but set up three defenses: (1) Breach of warranty; (2) that the note was obtained by the fraud of the plaintiff, and (3) that the note had been paid. The reply put in issue all these defenses.

After the former appeal (110 Minn. 40, 124 N. W. 450) the case was remanded to the district court for Ramsey county and tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $2,500. From the judgment entered pursuant to the ver-' diet, defendant appealed.

Action in the district court for Hennepin county to determine adverse claims to certain real estate. Defendant Aaron Carlson answered, asserting title through foreclosure of mortgage by advertisement and failure of mortgagor to redeem.

Action in the district court for Hennepin county to recover $10,-000 for personal injuries. The facts are stated in the opinion. The answer alleged that plaintiff’s injuries, if any, were due to risks and dangers he had voluntarily assumed and were directly caused by his own negligence. The reply denied the allegations of the answer. The case was tried before John Day Smith, J., and a jury which returned a verdict in favor of plaintiff for $1,250.

Action in the district court for Hennepin county to determine adverse claims to certain land. The case was tried before Dickinson, J., who made findings of fact and as conclusion of law found that plaintiff was entitled to judgment and entitled to the possession of the real estate, and that defendant had no estate in or lien upon the premises. From an order denying defendant’s motion for a new trial, he appealed.

From a judgment in favor of plaintiff rendered in the municipal court of Shakopee, defendant appealed to the district court for Scott county. The case was tried before Morrison, J., and a jury which returned a verdict in favor of plaintiff for $100. The facts are stated in the opinion. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Benton county against seven defendants to determine a certain north and south boundary line between four sections of land in a certain township.

Application by Benjamin W. Smith to the district court for Hennepin county to register title to a certain platted lot in the Town of Minneapolis. The city of Minneapolis alone answered. The facts are stated in the opinion.

Action in the district court for St. Louis county to determine adverse claims to certain real estate. The answer of William Harrison and Oscar Mitchell admitted the lands were vacant and unoccupied; alleged that plaintiff claimed some interest therein by reason of a tax certificate or assignment, but alleged that the interest was no more than a lien, and prayed that they be decreed owners in fee of part of the land described.

Action in the district court' for Ramsey county to cancel as to plaintiff a contract for the purchase of land and a promissory note given therefor, to cancel a bill of sale of a certain stock of groceries and store fixtures, and to recover the sum of $836.35, the value of his share of that stock. The material allegations of the complaint are stated in the opinion.

Action in the district court for Clay county against John Mc-Grath and Leo McGrath to recover $1,100 for personal injuries sustained through careless operation of an automobile owned by John McGrath and operated by Leo McGrath. The answer alleged that plaintiff’s injuries resulted from her own want of care. The reply was a general denial.

Action in the district court for Fillmore county by plaintiff, a resident freeholder and taxpayer of the village of Preston, in behalf of .himself and others similarly situated who should come in and contribute to the expense of the action, against the village of Preston, the town of Preston, the town of Carimona, the town of Carrolton, the town of Fountain, and the county auditor and the county treasurer of Fillmore county.

Action in the district court for Otter Tail county to recover $16,-097.35 upon a bond executed to secure to plaintiff the performance of a contract for' the erection of an electric lighting plant and dam.

. Action in the district court for Hennepin county to recover $629.72, the purchase price of fifty bags of tapioca.

Action in the district court for St. Louis county to recover $971.12, damages alleged to have been sustained on account of defendant’s failure to require a statutory bond for the protection of materialmen and laborers in connection with a contract for the erection of a certain schoolhouse. The condition of the bond taken from the contractor and the surety company is given in the opinion.

Action in the district court for Hennepin county to recover $5,000 for personal injuries alleged to have been sustained by reason of defendant’s careless driving an automobile at high speed without signalling his approach. The answer alleged that plaintiff’s injuries, if any, were sustained through her own carelessness. The case was tried before Holt, J., and a jury which returned a verdict in favor of plaintiff for $250.

Action in the district court for Jackson county by the administrators of the estate of John L. Howard, deceased, for relief, as stated at the end of the second paragraph of the opinion. From an order, Quinn, J., sustaining defendants’ separate demurrers to the complaint, plaintiffs appealed.

Action begun in justice court to recover $95.70 damages for wilfully and maliciously taking certain grain from plaintiff’s premises and converting it to Ms own use. The justice entered judgment in favor of defendant for $64.71. From the judgment, plaintiff appealed to the district court for Fillmore county. The case was there tried before Kingsley, J., and a jury which returned a verdict in-favor of defendant.

Action in the district court for Hennepin county to recover $836.45 for expenses alleged to have been incurred in the care of a certain pauper. The answer denied that defendant was indebted in any sum whatever to plaintiff for the care of the pauper. From an order, Holt, J., granting defendant’s motion for judgment in its favor upon the pleadings and directing that judgment be entered in favor of defendant, plaintiff appealed.

Action in the district court for Sherburne county against Great Northern Railway Company, Northern Pacific Railway Company and John Umberhocker, to recover $25,000 for personal injuries. The case was dismissed as to the Great Northern Railway Company. The facts are stated in the opinion. The separate answer of the Northern Pacific Railway Company and John Umberhocker alleged plaintiff’s contributory negligence. The reply was a general denial.

Application to the district court for Crow Wing county to enforce the payment of real estate taxes, delinquent on the first Monday in January, 1909.

<p>Action in the municipal court of Minneapolis to recover $500 for assault. The case was tried before Charles L. Smith, J., and a jury, which returned a verdict in favor of plaintiff for $300. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, if plaintiff consented to a reduction of the verdict to $200, it appealed.</p>

Action in the district court for Wright county to obtain possession of certain premises occupied by defendant outside of land leased to him; for $25 as damages for the unlawful eviction from and withholding of the premises and $25 as rents thereof. The substance of the answer is stated in the opinion.

Two actions in the district court for Hennepin county, one by Elizabeth Hill to recover $5,036 for personal injuries caused by the alleged negligence of defendant’s motorman in closing the gates of the car before plaintiff had entirely gotten through them in entering the car, and the other by Archibald Hill, her husband, for $535. In each case the answer was a general denial.

Action in the district court for Aitkin county to determine adverse claims to certain real estate. The. summons and notice of lis pendens were served by publication and there was no appearance by any defendant. The case was tried before McClenahan, J., who on May 21, 1909, made findings of fact and as conclusions of law ordered judgment in favor of plaintiff.

Action in the district court for St. Louis county to recover $90.05, balance alleged to be due for goods sold and delivered. The facts are stated, in the opinion. From an order, Hughes, J., setting aside the judgment by default in favor of plaintiff and allowing defendant to file an answer and defend the action, plaintiff appealed.

Josephine E. Lockey, widow of Joseph Loclcey, deceased, petitioned the probate court for Ramsey county to set apart to her the south one-hundred two feet of lots 1 and 2 and of the east half of lot 3, block 6, Summit Park Addition to St. Paul, as the homestead of her deceased husband and family. A brother and four sisters of deceased objected to setting off to her more than the one house in which Joseph Lockey resided at the time of his death.

Petition to tbe district court for Big Stone county by John Haney for a writ of mandamus to compel tbe board of county commissioners of that county to approve a certificate of tbe completion of County Ditcb No. 5 in that county and to direct tbe county auditor to issue and deliver a warrant for tbe payment of tbe contract price, $2,275, to bim. Tbe facts are stated in tbe opinion.

Action in the municipal court of Minneapolis to recover $413.42 for alleged breach of an agreement. The facts are stated in the opinion. There was no appearance by defendant Bruner. The case was tried before Leary, J., who made findings of fact and as conclusion of law ordered judgment in favor of defendant Jacobson. Erom the order so entered, plaintiffs appealed.

Action in the district court for Hennepin county to recover $5,-825 for alleged fraudulent representations in two exchanges of land.

Action in the district court for Clay county to recover $500 damages for breach of the contract described in the opinion.

Action by the administratrix of the estate of Nelson L. Morey, deceased, against Shenango Furnace Company and Daniel Peacock, in the district court for St. Louis county, to recover $5,000 for the death of her intestate while in the employ of defendant furnace company. From an order, Dibell, J., overruling defendant Peacock’s demurrer to the complaint, he appealed.

Upon remanding this ease at the former hearing [110 Minn. 193, 124 N. W. 971, 125 N. W. 676] appellant made application to the court below to open judgment and to modify the findings of fact and conclusions of law, and to amend the judgment to restrain and prevent relator, his agents and representatives, from imparting to Martin H. Albin any information received by them while examining the books, papers and records of the company.