Volume 113 — Minnesota Reports

Action in the district court for Jackson county by tbe widow and children of John E. Brown, deceased, against Herman L. Strom, Thomás J. Knox, John W. Cowing and the Brown National Bank of Jackson to set aside two sales of bank stock made by defendant Strom, as executor of the estate of John K. Brown, deceased, to certain of the other defendants, to have the shares reassigned to him, and in case such relief were denied, then that defendant Strom be declared a trustee, for…

' Two actions in the district court for Hennepin county, one by Charles G. Bloomquist, to recover $16,300 for personal injuries sustained in a collision with defendant’s street car, and the other by him and his partner to recover $350 for injury to property.' The facts' are stated- in the opinion. .The answers were general denials/ The cases weré tried together before Brooks, J., and a- jury which returned verdicts in favor, of defendant.

Action in tbe district court for Hennepin county to foreclose a mechanic’s lien amounting to $9,455.24; to 'adjudge the sum a lien upon the premises, and that the court direct a sale of the premises and apply the proceeds to the payment of plaintiff’s claim. The other lien claimants mentioned in the opinion answered and prayed that the interest of plaintiff and defendants in the premises be determined and the land sold to pay the liens.

Action in tbe district court for Ramsey county to recover $1,948.-64, balance alleged to be due upon a certain contract.

Action in the district court for Hennepin county to foreclose an alleged lien upon fifty shares of capital stock for $6,825, and for $640, by a sale of the stock.

Action in the district court for Otter Tail county to recover $6,158.80 damages sustained on account of the giving way of a certain dam, whereby plaintiff’s dam, located down stream, was partially washed away and destroyed. The substance of the complaint is stated in the opinion. From an order, Taylor, J., overruling defendant’s demurrer to the coniplaint, it appealed.

Action in the municipal court of Minneapolis to recover upon defendant’s indemnity bond the sum of $499, alleged to have been embezzled by plaintiff’s traveling salesman. The complaint alleged that plaintiff had performed all the conditions of the bond on its part, and attached a copy of the bond to its complaint.

Action in tbe district court for Ramsey county to recover $2,900, treble damages for waste to certain real property; that defendant’s estate in the property be forfeited and,that he be evicted therefrom.

Action in the district court for Ramsey county against the receivers of the Chicago Great Western Railway Company to recover $25,000 for personal injuries received in the state of Illinois by reason of the sudden stoppage of defendant’s train, caused by the negligent acts of defendant’s engineer. The answer alleged plaintiff’s contributory negligence. At the trial defendant company was substituted for the receivers.

Action by the administratrix of the estate of Lewis Eugene Keever, deceased, in the district court of Blue Earth county, to recover $5,000 for the death of her intestate, caused by defendant’s alleged negligence in permitting its water supply to become polluted. Another action was brought by the administratrix of the estate of E. R. Elanagan, deceased, to recover the same amount for the death of her intestate, caused by the same negligence.

• Action in tbe district court for Beltrami county against defendant lumber company and tbe partners in tbe firm of Bell & Company to recover -$10,000 for personal injuries. Tbe facts are stated in tbe opinion. Tbe negligence alleged in tbe complaint was a failure to guard properly tbe dangerous machinery and tbe. absence of tbe guides therefrom. Tbe case was tried before Stanton, J., and a jury which returned a verdict in favor of plaintiff for $3,500.

Action in the district court for Hennepin county by the administratrix of the estate of Newton L. Headline, deceased, to recover $25,000 for the death of her intestate. The complaint set out the provisions of section 6486 of the General Statutes of Montana, giving a right of action for wrongful death to the heirs or personal representatives of a decedent, and specified the heirs of the intestate.

Action in the district court for St. Louis county to recover $875, one-half the commission upon a sale of real estate. The facts are stated in the opinion. The case was tried before Hughes, J., and a jury which returned a verdict in favor of plaintiff for $922.40. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Action in the district court for Polk county to recover $10,000 damages alleged to have been sustained by plaintiff because of his removal from office as a rural mail carrier through the malicious publication of false charges against plaintiff.

Action in. the district -court for Clay county to recover $430, commission paid in a certain exchange of real estate in the belief that defendant was acting solely as the agent of plaintiff, while in fact he was acting also as the agent of the other party to the transaction. The answer was a general denial. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $400.

Action in tbe district court for Ramsey county to recover $5,426, damages for personal injuries received while in tbe act of leaving a passenger elevator owned and operated by appellant in a certain office building. Tbe facts are stated in tbe opinion. Tbe case was tried before Brill, J., and a jury which returned a verdict in favor of plaintiff for $2,417.

Petition to the district court for Ramsey county by O. W. Young and John A. Vye alleging failure, neglect, misconduct and misconception of duty on the part of the grand jury in relation to a complaint presented to that body against certain persons for violating the Sunday liquor ordinance; alleging similar failure and miscarriage of justice on the part of other grand juries, suggesting as the cause the method' pursued in selecting the panel, and requesting the court to…

Action in the municipal court of Minneapolis to recover $287.56. The amended answer alleged that plaintiff performed services for defendant amounting in all to $810.74, of which sum he had been paid $736.55, leaving a balance of $74.19; for a defense to the second and third causes of action defendant alleged that he had received of plaintiff $37.50, of which plaintiff had been paid all except the sum of $17.50.

Action in the district court for Big Stone county to recover $650.04, alleged to bave been paid on account of fraudulent representations.

Action in the district court for Marshall county by the executors of the last will and testament of Bolivar C. Gill and L. Lamberson against John E. Ostrom and August Lundgren to recover $1,166.53, balance claimed to be due upon a certain promissory note. The substance of the separate answers is stated in the opinion. The replies were general denials. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of defendants.

Action in tbe district court for Grant county to recover possession of certain crops or $250, their value, and for $100 damages. The substance of the pleadings is stated in the opinion. The reply was a general denial. The case was tried before Flaherty, J., and a jury which returned a verdict in favor of plaintiffs for $68.34. From an order denying defendant’s motion to set aside the verdict or for a new trial, he appealed.

Action in the district court for Benton county to have defendant decreed to. be the trustee of plaintiffs in holding title to certain real estate, subject to actual moneys paid in the .discharge of actual subsisting and valid judgments against plaintiff Clara Christianson; to quiet defendant’s record title and that Clara Christianson be decreed to be the owner thereof; that an accounting be had and that plaintiffs, or one of them, recover from defendant the amount so…

Action in the district court for Otter Tail county by the administratrix of the estate of William L. Griffith, deceased, to recover $5,000 for the death of her intestate. The answer alleged that deceased was injured through his own negligence. The reply was a general denial. The case was tried before Baxter, J., and a jury which returned a verdict in favor of plaintiff for $2,500. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for McLeod county for an accounting of certain copartnership dealings from the commencement of the copartnership, and all the moneys received and paid by plaintiff and defendant, respectively, in relation thereto; that the property, if any remain, be sold and the debts, if any, be paid, and if there be any surplus that it be divided between the parties according to their respective interests. The facts are stated in the opinion.

Action in the district court for Itasca county to determine adverse claims to certain vacant and unoccupied land. The defendant iron mining company alone appeared.

Action in the district court for Blue Earth county to recover. $10,000 for breach of a written contract for the exchange of certain lands for improved property belonging to defendant. The complaint alleged that defendant, for the purpose of defrauding plaintiffs, conveyed his property to innocent purchasers and refused to convey his property to plaintiffs, or to cause it to be conveyed.

Action in the district court for Hennepin county to recover $1,000, in accordance with the terms of a certain contract. The answer denied the allegations of the complaint, and set up that if any such agreement was made by defendant, it was without consideration; set out the written agreement contained in the opinion, and alleged that defendant indorsed its approval thereon but was not a party to it, and there was no consideration for its approval.

Action in the district court lor Ramsey county to recover $5,000 upon a bond guaranteeing plaintiff against the personal dishonesty or culpable negligence of certain employees.

Action in the district court for Carver county to recover $15,000 for personal injuries and $500 on account of expenses incurred thereby. The facts are stated in the opinion. The case was tried before Morrison, J., and a jury which returned a verdict in favor of plaintiff for $15,000. 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 Eamsey county against the Chicago, St. Paul, Minneapolis & Omaha Eailway Company and the Great Northern Eailway Company to recover $25,000 for personal injuries. The facts are stated in the opinion. The negligence alleged in the complaint is stated in the third paragraph of the opinion.

Action in the district court for Clay county against Great Northern Railway Company to recover a reward of $5,000. Upon motion of plaintiff the court ordered various claimants to be made parties defendant. Thereafter Mark Madigan and C. B. Battan filed complaints in intervention, each demanding judgment for the full sum of $5,000, and that the other- parties to the action had no share or right in and to the amount of the reward.

Action in the district court for Ramsey county by the administratrix of the estate of Philip Foley, deceased, to recover $5,000 for the death of her intestate. The answer admitted the death, but expressly denied any negligence on the part of defendants. The facts are stated in the opinion. The case was tried before KeHy, J., and a jury which rendered a verdict for the amount demanded.

Action in the district court for Ramsey county to recover $5,000 for personal injuries to plaintiff’s minor son, caused by the defendant negligently driving his automobile at an excessive and unlawful rate of speed and upon the wrong side of Rice street, St. Paul, to wit: the left hand side of the street. The answer admitted the collision with plaintiff’s son, but denied the other allegations of the complaint, and alleged the contributory negligence of the son.

Action in the municipal court of St. Paul, by a corporation organized under the laws of New York to recover $100.40 for goods sold and delivered. The answer alleged that plaintiff was transacting business in Minnesota without having complied with the provisions of E. L. 1905, §§ 2888, 2889, and further alleged that if there was any sale or contract of sale between the parties, it had been canceled and rescinded by mutual agreement. The reply was a general denial.

Action in the district court for Scott county against Adolph Kropf, Franciscan Brotherhood of Minnesota, a corporation, and four other persons, to foreclose a mechanic’s lien for material of the value of $535.69 upon certain property of that brotherhood. By stipulation, the Church of St. John at Jordan was made a party defendant.

Action in the district court for Marshall county by the town of Farley in Polk county against the town of Boxville in Marshall county to recover defendant’s proportionate share of the principal and interest of certain ten-year bonds aggregating $5,000 issued by plaintiff town on June 20, 1883, pursuant to Sp. Laws 1883, p. 277, c. 135, relating to township drainage in Marshall, Polk and other counties.

After the former appeal, 108'Minn. 84 (121 N. W. 415) the case was tried in the district court for Lyon county before Olsen, J., who denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for judgment notwithstanding the verdict or for a new, trial was denied.

■ Action in the district court for Hennepin county by the administrator of the estate of Anton Olsen, deceased, to recover $5,000 for the death of his intestate. The answer specifically denied the plaintiff had suffered damage in any sum whatever by reason of any negligence on the part of the defendant. The action was tried before Hale, J., who directed a verdict in favor of defendant because the negligence of the deceased contributed to his death.

Action in the district court for Dodge county to restrain defendant, the owner of a ditching or dredging machine and at work with it near certain land of plaintiff, from continuing the work and excavating any ditch upon and across that land, as he threatened to do.

Action in the district court for Hennepin county to recover $7,000 for personal injuries caused by defendant negligently and unlawfully operating his automobile upon a city street in violation of the ordinances of Minneapolis. The answer was a general denial. The case was tried before Holt, J., and a jury which rendered a verdict for $500 in favor of plaintiff. Erom an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county by the trustee of the trust estate of E. St. Julien Cox, under the last will and testament of William S. Cox, deceased, to recover $3,600.

Action in the district court for Ramsey county against defendant corporation to recover $2,000 for personal injuries. The facts are stated in the opinion. The complaint alleged that when plaintiff approached the door to the engine room, the door of the box described in the opinion was open, and about three feet above her head, but plaintiff had no notice thereof or that the door was about to be closed.

The will of Mary Kletschka, deceased, was presented by one of her daughters, Minnie Kletschka, to the probate court for Le Sueur county. Her son Emanuel Kletschka objected to its allowance. The will was allowed and the son appealed to the district court for that county. The appeal was heard by Morrison, J., who found that the will was null and void and ordered judgment for the contestant. From the order denying proponent’s motion for a new trial, she appealed.,

<p>Obstructing street — questions of fact — evidence.</p> <p>In an- action to recover for personal injuries, in which defendants were jointly charged with negligence in obstructing a public street, defendant bridge company in placing building material on and across a sidewalk, and the city, with knowledge of the fact, permitting the same, it is held that the evidence presented questions of fact, both with reference to the alleged negligence of defendants and the contributory negligence of plaintiff, and sufficiently supports the verdict.</p>

Action in the district court for Hennepin county to recover $1,050 for breach of covenants in a conveyance of land from defendant to plaintiffs. The answer was stricken out as sham, and judgment for default of an answer was entered in favor of plaintiffs. From an order opening the default and granting defendant leave to answer, Hale, J., plaintiffs appealed.

Upon petition to the district court for Polk county by tbe members of the Water, Light, Power and Building Commission of tbe city of East Grand Forks, and Bobert Braitbewait, tbe court granted an alternative writ of mandamus directed to James licllraith, as treasurer of that city, requiring him to pay to said Braitbewait a certain warrant for $47.25, which bad been issued by said commission and countersigned by tbe acting city clerk, or show cause why be bad not done so.

Action in the municipal court of St. Paul to recover $130 for the use and occupation of a certain room. The1 defense set up in the answer is stated in the opinion. The action was tried before Finehout, J., who made findings and ordered judgment in favor of plaintiffs for $110. From an order denying a new trial, defendant appealed.

Defendant was indicted in the district court for Cottonwood county for stealing and carrying away in the nighttime from a granary building certain skins of the value of $38. He was tried before P. E. Brown, J., and a jury which returned a verdict of “guilty in manner and form as charged in the indictment” of the offense of grand larceny in-the second degree. The subsequent proceedings are narrated in the third paragraph of the opinion.

Action in the district court for Kanabec county to determine adverse claims to certain land. The answer alleged that defendant was the owner in fee of the same.

Action in the district court for Winona county by the administrator of the estate of Ernest Lampe against the city of Winona and the La Crosse Water Power Company to recover $5,000 for the death of his intestate. The facts are stated in the opinion.

Action in the district court for Hennepin county by Charles A. Tuller, Winthrop B. Chamberlain, William A. Frisbie, William H. Webster, William Mclv. Barbour and George B. Bickelhaupt against Lucian Swift and John S. McLain.

Action in tbe district court for St. Louis county against Duluth & Iron Eange Eailroad Company and Iron Queen Mining Company to determine adverse claims to certain land. The separate demurrer of the railroad company was overruled. The railroad company then answered, and alleged that it was the owner in fee simple of the land, but that plaintiff was in possession and refused to deliver possession to defendant railroad company.

Action in the district court for Hennepin county to recover $5,000 for assault. The facts are stated in the opinion. The case was tried before Hale, J., and a jury which returned a verdict of $1,000 in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Ramsey county to enjoin defendants from removing or in any way interfering with a certain wire fence erected by plaintiff along the west side of Edgerton street to prevent access to, and pollution of, the waters of Vadnais lake.

The county commissioners of Pennington county obtained from tbis court an alternative writ of prohibition directed to the district court for Red Lake county, and William Watts and A. Grindeland, the honorable judges thereof, and Ed. L. Healey, contestant of the election upon the proposition to establish said county, directing them to show cause why further proceedings in the matter of such contest should not be absolutely restrained.

In the district court for McLeod county judgment was entered in the case of Alfred H. Mills against Charles Senescall and seven other defendants; one of whom was Eudolph Hoefs, enjoining the defendants perpetually from constructing a certain ditch or in any manner interfering with the level of Cedar lake.

Action by Frank Urbas, the father of Agnes Urbas, an infant, in the district court for St. Louis county to recover $25,000.for personal injuries. From an order, Dibell, J., overruling defendant’s demurrer to the complaint, it appealed. Affirmed.

Writ of certiorari to review a proceeding in the district court for Dakota county, wherein the city of South St. Paul made application for judgment for assessments levied against certain lots of the relators described in the proceedings. The application was heard by Crosby, J., who ordered judgment against the lots.

Action in the district court for Ramsey county to recover $16,000, damages for breach of a contract for the sale of a section of land in North Dakota made by defendant’s assignor to plaintiff’s assignor. The facts are stated in the second paragraph of the opinion.

Action in the district court for Scott county to recover $2,960 upon a promissory note. The facts are stated in the opinion. The case was tried before Morrison, J., who made findings of fact and as conclusion of law ordered judgment in favor of plaintiff for $3,581.60. From the judgment entered pursuant to the order, defendants appealed.

Action in tbe district court for St. Louis county to recover $15,500 for personal injuries. The facts are stated in the opinion. The case was tried before Hughes, J., and a jury which returned a verdict in favor of plaintiff for $5,000. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county against W. E. McCullough, Arthur G. Cheney, Rasmus J. Gjerde, Timothy Eoley, M. B, Eoley, P. Welch and J. W. Stewart, to restrain defendants Eoley, Welch and Stewart from paying over any money due upon a certain contract to defendants McCullough, Cheney or Gjerde; that the pretended claim of these defendants to any partnership interest in plaintiff’s business be determined; that they be adjudged to have no interest therein, and…

Action in the district court for. Steams county to recover $1,000 upon a policy of life insurance.

Action in the municipal court of Minneapolis to recover $341.25 for money had and received. The facts are stated in the opinion. Erom an order, Waite, J., overruling defendant’s demurrer to the amended complaint, it appealed.

Action in the district court for Hennepin county to have a certain note declared cancelled and void; in case the note could not be delivered up and cancelled that plaintiff recover $1,375; that in the event it be delivered plaintiff have judgment for $625; and that the contract between plaintiff and defendants Murphy and Gleason with defendants Heaney be cancelled. The facts are stated in the opinion.

Action in the district court for -Ramsey county to recover $30,-000 for personal injuries sustained while employed by defendant as a locomotive fireman. Tbe complaint alleged that the engine was unsafe in that one of the stay-chains or safety-chains coupling the locomotive and the tender was lost, and in that the safety-hangers upon the brake beams of the tender had been lost.

Action by tbe administratrix of tbe estate of John Kelly, deceased, in tbe district court for Hennepin county to recover $1,000 upon bis life insurance policy. Tbe substance of tbe answer is stated in tbe opinion, where tbe facts are stated. Tbe case was tried before Simpson, J., wbo granted defendant’s, motion to dismiss .the action on the ground it was barred by tbe statute of limitations. From an order denying plaintiff’s motion for a new trial, she appealed.

Action in the district court for Crow Wing county to determine adverse claims to certain vacant and unoccupied land. The substance of the answer is stated in the opinion. Plaintiff’s demurrer to the separate answer of defendant company was overruled. Erom a judgment, Stanton, J., adjudging title to the land to be in defendant Minnesota Land & Colonization Company, plaintiff appealed.

Action in the district court for Hennepin county to recover $5,300 for personal injuries. The facts are stated in the opinion. The case was tried before Simpson, J., and a jury which returned a verdict against both defendants in the sum of $3,300. Defendants Hartig and Hellier moved for judgment notwithstanding the verdict, and their motion was denied; their motion for a new trial was granted, unless plaintiff consented to a reduction of the verdict to $2,500.

Action in the district court for Ramsey county to recover $1,376.-93 damages for failure to ship linseed oil cake from Philadelphia to Holland during the first half of April, 1908, as agreed. The Blue Ridge Despatch and the Cleveland, Cincinnati, Chicago & St. Louis Railway Company, two of the defendants, appeared specially and separately moved to set aside the service of the summons upon them by service upon Charles R. Lewis, and.to set aside the return of such service.

Action in the district court for Hennepin county to recover $5,152 for personal injuries. The facts are stated in the opinion. The case was tried before Holt, J., and a jury , which returned a verdict in favor of plaintiff for $725. 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 Hennepin county to recover $886, amount alleged to be due for unpaid rent and for taxes paid by plaintiff upon certain real property. The facts are stated in the opinion. From an order, Hale, T., sustaining defendant’s demurrer to the second cause of action, plaintiffs appealed.

Two actions in the district court for Pamsey county, one by Ellen Haas to recover $3,869.50, and the other by Addie Kelly to recover $5,000, for personal injuries and damage to personal property resulting from an explosion of gas alleged to have been caused by defendant’s negligence.

Action in the district court for Eamsey county to recover $1,637.-46 damages for failure to perform certain tiling and marble work in the construction of the building mentioned in the opinion, after plaintiff had accepted defendant’s bid therefor. Eor a first defense the answer admitted defendant verbally informed plaintiff what the tile work in the building could be done for, but denied the other allegations of the complaint.

Action in the district court for Olmsted county by the administrator of the estate of William Swarts, deceased, to have certain assignments and transfers of property adjudged fraudulent and void as against the creditors and widow of the deceased.

Proceedings in the district court for Goodhue county to condemn a strip of land on each side of plaintiff's present right of way. The case was tried before Crosby, J., and a jury which returned a verdict in favor of defendant for $125, the value of the land, and $375 damages. Prom an order denying plaintiff’s motion to strike out the item of $375 in the verdict or for a new trial, it appealed.

Action, in the district court for Hennepin county to recover $12,-500 for personal injuries. The answer was a general denial. The facts are stated in the opinion. The case was tried before Brooks, J., who directed a verdict in. favor of defendant. Plaintiff’s motion for a new trial was denied, Holt, J. Erom th¿ judgment entered pursuant to the verdict, plaintiff appealed.

Action in tbe district court for Clay county to recover $92.92 upon a promissory note. Tbe substance of tbe answer is stated in tbe opinion. Tbe reply was a general denial. Tbe case was tried before Baxter, J., and a jury wbieb returned a verdict in favor of defendant. From an order granting plaintiff’s motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury for Hennepin county for the crimé of assault in the second degree. The case was tried before Dickinson, J., and a jury which returned a verdict of guilty under the circumstances stated in the opinion. From an order denying defendant’s motion for a new trial, he appealed.

Defendant was convicted in the district court for Ramsey county of the crime of grand larceny in the first degree. From an order, Hallam, J., denying his motion for a new trial, he appealed.

Action in tbe district court for Ramsey county to recover from defendant land company, and its stockholders tbe balance of plaintiff’s judgment, amounting to $3,955.96, with interest; that tbe agreement by which seventeen thousand shares of defendant land company were issued as full paid stock be adjudged fraudulent and void as to plaintiff; that the court ascertain the true value of the land conveyed to the company in exchange for the stock and the percentage of…

Action in the district court for Eamsey county, based upon the Wisconsin act of 1907, c. 254, to recover $25,000 for personal injuries sustained while employed as a mechanic in defendant’s shop at Milwaukee. The defenses set up in the answer are stated in the opinion. The reply was a general denial.

Action in the district court for Ramsey county by the father of Tillie Ominsky, a minor, to recover for her benefit $25,000 for personal injuries sustained by her. The complaint alleged that defendant, in violation of the statute, employed plaintiff minor in its factory, and her duties required her to .go about dangerous machines to remove paper boxes.

Action in the district court for St. Louis county to recover $200. for the destruction of certain crops and for injury to plaintiff’s clearing by the deposit of brush, logs and accumulations of various descriptions, which it became necessary to remove to prepare the land for subsequent cropping and use.' The answer alleged, among other matters, that if any part of the land described was at the time therein set out submerged or overflowed to any extent, the same resulted…

Action begun in justice court, where plaintiff obtained a judgment in his favor. Defendant appealed to the district court for Todd county, where the case was tried before Taylor, J., who directed a verdict in favor of plaintiff, From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Morrison county to determine adverse claims to certain real estate. The facts are stated in the opinion. The case was tried before Taylor, J., who ordered judgment in favor of plaintiff decreeing him to be the owner in fee simple free from all adverse claims. Judgment was entered on May 18, 1909.

Action in the district court for Hennepin county by tbe administratrix of tbe estate of Ole O. Woxland, deceased, to recover $5,000 for .the death of her intestate. Tbe facts are stated in tbe opinion. Tbe answer was a. general denial. The case was tried before Simpson, J., and a jury which returned a verdict in favor of plaintiff for $4,500. From an order denying defendant’» motion for judgment notwithstanding tbe verdict or for a new trial, it appealed.

Action in the district court for Ramsey county to dissolve a partnership, and for an accounting and the appointment of a receiver.

■ Action in the district court for Itasca county by the administratrix of the estate of John McVeigh, deceased, to recover $5,000 for the death, of her intestate.

The attorney general, on behalf of the state, petitioned this court for a writ of quo warranto to require the respondent village and its officers to show quo warranto they held and exercised their respective offices, and on return of the writ that they be ousted therefrom and the incorporation of the respondent village be declared void.

The Duluth Terminal Railway Company, a common user railway having tracks but no trains, petitioned the district court for St. Louis county to condemn a right of way for the construction of an elevated double track extension of its existing elevated railway at a general height of about twenty-two feet above the surface of the ground, and at all places of sufficient height to permit the passage thereunder of public travel, vehicles, foot passengers and street railroads, to an…

Action in the district court for Kandiyohi county to recover $10,-000 for personal injuries sustained while in defendant’s employ. The facts are stated in the opinion. The case was tried before Qvale, J., and a jury which returned a verdict in favor of plaintiff for $870. Erom an order vacating and setting aside the verdict and ordering judgment for defendant notwithstanding the verdict, plaintiff appealed.

Action in the district court for Hennepin county to recover $7,500 for personal injuries. The facts are stated in the opinion.

Action, in the district court for Ramsey county to determine the boundary line between lot 17, owned by defendant Minnesota Pharmaceutical Manufacturing Company, and lot 18, owned by plaintiffs, and between lot 19, owned by plaintiffs, and lot 20, owned by defendant Frederick E. Perkins.

Action in the district court for Hennepin county to rescind a certain contract and discharge the same of record; that defendant be perpetually enjoined from bringing suit thereon against plaintiff, either for specific performance or otherwise, either in the courts of Minnesota or North Dakota, and that defendant account to and reimburse plaintiff for the expenditures made and incurred, and damages suffered, in the sum of $10,450. The facts are briefly stated in the opinion.

Action in the district court for Hennepin county to recover $51,-000 for personal injuries. The facts are stated in the opinion. The case was tried before Simpson, J., who denied defendant’s motion for a directed verdict. The jury returned a verdict in favor of plaintiff for $10,462.24. Defendant’s motion for judgment in its favor notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Steele county against M. E. Babcock and his wife, Daniel T. Bowen and William G. Hoerr, to determine the indebtedness of defendants Babcock and Bowen to plaintiff bank, the priority of liens upon certain premises in Aitkin county and the amount due on each, and that, subject to all such liens prior to that of plaintiff’s, the premises be sold at mortgage foreclosure sale under direction of court; that plaintiff be allowed to redeem the…

Action in the district court for Hennepin county by plaintiff corporation against defendant bank and the administrators of II. G. Merritt, deceased, to recover from defendant bank the sum of $5,000, proceeds of two insurance policies on the life of decedent, deposited therein by the insurance company. The facts are stated in the opinion.

Action in the district court for Yellow Medicine county by the administrator of the estate of Andrew Kerling, deceased, to recover $5,000 for the death of his intestate. After the second appeal, 109 Minn. 481, 124 N. W. 235, 372, the case was tried before'Powers, L, and a jury which returned a verdict in favor of plaintiff for $5,000.

Defendant was indicted by tbe grand jury of Becker county for tbe crime of bigamy. Defendant demurred to tbe indictment, -and-for tbe purposes of tbe demurrer only tbe facts were stipulated. Tbe demurrer was overruled, Taylor, L, .and at-the request of defendant' the case was certified to.this court.

Action in the district court for Hennepin county to recover $5,000 upon an accident insurance policy. The defenses set up in the answer are stated in the opinion.

Action in the-district court for.Ramsey county to recover $25,693.-50 for personal injuries.

Action in the district court for Ramsey county to recover $1,010, which plaintiff alleged she loaned to defendant at the times specified in the complaint. The answer was a general denial. The action was tried before Orr, J., and a jury which returned a verdict in favor of plaintiff for $1,062.52. Prom an order denying a motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $480 as commission at the agreed rate for finding a customer for land sold by defendant. The case was tried before Holt, J., and a jury which returned a verdict In favor of plaintiff for the amount demanded. From an order denying defendant’s motion for a new trial, it appealed.

Action in the municipal court of Minneapolis to recover $50 for services rendered in procuring a purchaser for furniture and fixtures in, and the business of, a certain rooming- house.