Volume 114 — Minnesota Reports

Action in the district court for Ramsey county by the executrix and the administrator with the will annexed of tho estate of Timothy R. Palmer, deceased, for an accounting of all dividends earned prior to October 30, 1905, upon a certain policy issued by defendant; to recover $5,000, payable according to the terms of the policy, and in addition all dividends to which the policy should be found to be entitled, less the sum of $1,445. The facts are stated in the opinion.

Action in the district court for Benvil'le county to enjoin defendant from preventing performance by plaintiff and his wife of certain contracts and arrangements; from ousting them from their home; from fraudulently disposing of and giving away certain property, for the purpose of preventing plaintiff’s acquisition thereof at defendant’s death, and to permit them to reside in said home and to make such use of said property only as shall be required for her support and care…

Action in the district court for Clay county to recover $1,990 for personal injuries. The facts are stated in the opinion. The case was tried before Taylor, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Hennepin county by the father of Margaret Ward, a minor, to recover $15,000 for personal injuries sustained by his daughter in a collision with an automobile owned by defendant Pierce and driven by defendant Meeds.

Action in the district court for Redwood county for absolute divorce, or if that could not be had for separation and for alimony, or if a separation be not granted, for support out of the property and earnings of defendant, and that plaintiff be awarded a reasonable amount for her support during the pendency of the action.

Action in the district court for Carver county to recover $8,000, plaintiff’s share in certain mortgages assigned by John Kersten, his father, to his stepmother. The complaint alleged that defendant was appointed administratrix of her husband’s estate by the probate court of Carver county, but she failed to inventory the mortgages or cash belonging to the estate, and that there were no other persons than plaintiff and defendant interested in the estate.

Actiou in the district court for St. Louis county against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company, Michigan Central Railroad Company, and Chicago, St. Paul, Minneapolis & Omaha Railway Company, to recover $332.2d damages for the negligent transportation of a carload of fruit from Benton Iiarbor, Michigan, to Duluth, Minnesota.

Action in the district court for Sibley county by Clara Martz, an infant, by Jacob J. Martz, her guardian ad litem, to recover $976.52, and interest, and to determine to whom the money should belong. Charles Wegge, as trustee and additional party plaintiff, served a supplemental complaint. From an order, Morrison, J., overruling the demurrer of defendant Bowser, as executor, to the supplemental complaint, he appealed.

Action in the district court for Ramsey county to recover $3,683.-Y7, balance alleged to be due upon the purchase price of certain goods.

Action in the district court for Otter Tail county by the executor of the estate of James Nash, deceased, to recover $173 for procuring a purchaser for certain land: The facts are stated in the opinion. The case was tried before Baxter, J., who directed a verdict in favor of defendant. Erom an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Polk county to recover $1,355 or to require defendant to pay the mortgage incumbrances against certain described premises, with accrued interest from the date of delivery of certain deeds, and pay the balance of the purchase price for the premises at the rate of $4 per acre.

<p>Action in the district court for Sibley county to reform a certain policy of fire insurance and to recover $200 damages for the destruction of six stacks of wheat. The complaint alleged that, at the time the contract was entered into, it was mutually agreed that all of plaintiff’s stock and farm property on all the several tracts of land described should be insured, and plaintiff believed and understood the application for such insurance and said policy had been so written in accordance with such agreement of the parties; that through the mistake of defendant’s agent in writing the application and policy the plaintiff’s land was erroneously described. The answer, among other matters, admitted that six stacks belonging to plaintiff were consumed by fire, but alleged that they were not covered or intended to be covered by the policy; that the loss was caused by the use of a steam threshing machine and denied that plaintiff had performed the conditions of, the policy and alleged that he had violated the policy in the following words: “Sec. 18. This company shall be liable for the amount of two thirds of the actual cash value for any loss caused by the use of steam threshing machines at'the time of'the loss under'the following proviso: That the insured shall keep at the time when said' machine is in operation two barrels of water, four pails, and one ladder within twenty-five feet of such grain or stacks to be threshed” in that he did not, at the time when said machine was in operation, keep two barrels of water, four pails and one ladder within twenty-five feet of the stacks, and that the loss is the loss referred to in 'the complaint -t that an-action was'brought on August 9, 1909, for the same cause hnd'judgment rendered on the merits dismissing the complaint. The'reply admitted that the loss referred to was occasioned by the use ,of a steam threshing machine, but plaintiff alleged that at all times he had performed all the conditions of the policy.</p> <p>The case was tried before Morrison, J., who made findings and ordered judgment in favor of plaintiff, and that he recover $199.08. From the judgment entered pursuant -to the' findings, defendant appealed.</p>

Proceedings in the district court for Dakota county to condemn a right of way for defendant’s road. The facts are stated in the opinion. The appeal from the award of the commissioners was heard by Crosby, J., and a jury which returned a verdict in favor of respondents, and assessed their damages at the sum of $2,540. Erom an order denying plaintiff’s motion for a new trial, it appealed.

Action in'the district court for Polk county to-recover $1,250 damages caused by overflow of water from defendant’s right of'way. The substance of the complaint is as stated 'in the opinion.

Action in the district court for Red Lake county to recover $10,000 for personal injuries, incurred while employed by defendant in loading coal into defendant’s locomotive tender from a coal elevator.

Two actions, one by Sarah Sprague and the other by George J. Stroud, in the district court for Eillmore county to recover moneys in the hands of the executor of the last will and testament of Jonah Cadwalader, deceased, belonging to plaintiffs. The facts found by the court are stated in the opinion.

Pour separate proceedings in the district court for Washington county to enforce payment of personal property taxes against the Minneapolis & St. Paul Suburban Railway Company, levied in the city of Stillwater, the village of South Stillwater, the town of Baytown and the town of Stillwater, and remaining delinquent on March 1, 1910: The substance of the answers is stated in the ¡opinion..

Upon information of the attorney general this court issued its writ of quo warranto directed to Andrew J. Wasgatt to show cause by what warrant he exercised jurisdiction as auditor’s county examiner of St. Louis county.

Leonard Mayer and each of some fifty others filed separate objections in the office of the city recorder of Shakopee to proposed assessments for the cost of construction of the sewers in district No. 1 of the city of Shakopee, and appealed from the assessments levied by the city council to the district court for Scott county. The appeals were heard together upon stipulated facts by Morrison, L, who made findings and ordered judgment in favor of the city.

Action, in the district court for Sibley county to recover $77.03 for goods sold and delivered. The answer admitted the sale and delivery of the goods and their value as alleged in the complaint, and alleged that on February 8, 1909, the claim was satisfied by payment in full. The case was tried before Morrison, J., who made findings of fact and ordered judgment in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Clearwater county for a permanent injunction restraining defendants from destroying a certain logging road, from interfering with the use thereof, from depositing any substance thereon, for a temporary injunction during the pendency of the action, and for $600 damages. Erom an order, Stanton, J., overruling plaintiff’s demurrers to defendants’ separate answers, it appealed.

Proceedings in the district court for Hennepin county to collect the sum of $4,197.19, for taxes assessed upon the personal property of defendant for the year 1908 and remaining delinquent on April 1, 1909.

Action in tbe district court for Ramsey county to recover $6,800 for alleged breach of contract to buy certain land. The action as to defendants Egeland and Gross was dismissed by plaintiff.

Action in the district court for Ramsey county by the administrator of the estate of Henry Vander Wegen, deceased, to recover $25,-000 for the death of his intestate. From an order, Kelly, J., overruling its demurrer to the complaint, defendant appealed.

Defendant demurred to a complaint filed against it in the municipal court of Minneapolis, for using soft coal, other than smokeless coal, in a certain switch engine, contrary to the provisions of an ordinance of the city of Minneapolis. The demurrer was overruled and the case was tried before Leary, J., who ordered judgment against the defendant and imposed a fine of $25. From the judgment entered pursuant to the order, defendant appealed.

Appeal by defendant from a judgment of tbe district court for Clearwater county, entered pursuant to the order of Stanton, J., affirming the judgment of a justice court convicting him of the offense of keeping an unlicensed drinking place in violation of R. L. 1905, § 1550, and sentencing him to pay a fine of $100, or, in default thereof, to serve ninety days in jail.

Action in the district court for Ramsey county to restrain the city of St. Paul from making an appropriation of or paying $1,333.-32 to the Consolidated Publicity Bureau, and defendant Farnham, the city comptroller, from auditing or allowing any such claim, and defendant Farnsworth, the city treasurer, from paying any such claim or any part thereof and the other defendants from receiving the sums demanded. The facts are stated in the opinion.

<p>Complaint — evidence.</p> <p>The complaint states a cause of action for money had and received, and the evidence conclusively sustains the complaint.</p>

Action in tbe district court for St. Louis county against Orrin D. Kinney, Marshall H. Alworth, Robert L. Henry and seven other defendants to determine adverse claims to a certain quarter section of land. The complaint alleged that plaintiff was tbe patentee from tbe government under a patent wbicb was recorded in the office of tbe register of deeds in 1884; that be bad never conveyed away bis rights in tbe land, and was therefore tbe owner in fee thereof.

Action in the district court for Red Lake county to recover $10,000 for personal injuries. The answer was a general denial. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of plaintiff for $6,500. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Hennepin county to recover $3,450 for personal injuries. The negligence complained of was that defendant failed to place guards about certain holes in the floor, 3x3 feet square. The answer alleged that on or about August 1, 1909, plaintiff compromised all his claims for injuries for the sum of $50 which was paid by F. G-. McMillan, and that a release was duly signed and delivered in satisfaction of all claims.

Action in the district court for Steele county against the Creamery Package Manufacturing Company, the Owatonna Manufacturing Company, Charles H. Higgs and Martin Deeg, to recover $90,000 damages caused the owners of a certain patented device, by depriving them of its use for three years under a written contract between Martin Deeg and plaintiff, as parties of the first part, and defendant Package Manufacturing Company and the Cornish, Curtis & Greene Manufacturing Company,…

Action in the municipal court of St. Paul against William A. Gerber, sheriff of Ramsey county, to whom Herman Thiede and the Hnited States Fidelity and Guaranty Company were subsequently added as defendants by order of the court, to recover $325 for the conversion of personal property. The facts are stated in the opinion. The reply was a general denial. The case was tried before Einehout, J., and a jury which returned a verdict in favor of defendants.

Action in the district court for Ramsey county to recover upon certain fire insurance policies. See 109 Minn. 422, 124 N. W. 7. The second trial was before Brill, J., who submitted to the jury the following questions: 1. “Who were the owners of the personal property covered by the two insurance policies at the time the policies were issued?” Answer.

Action in the district court for Beltrami county to recover $5,000 for libel. From an order, Stanton, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Wright county to recover $5,003.-74 for failure to stop defendant’s train where plaintiff passenger could alight therefrom, and for misconduct of defendant’s conduct- or. The answer was a general denial. The case was tried before Giddings, L, who denied defendant’s motion to direct a verdict, and a jury which returned a verdict in favor of plaintiff for $101.74.

After the decision upon the second appeal (112 Minn. 336, 128 N. W. 16, 299,-) the proceedings mentioned in the opinion were taken in the trial court. From an order, Flaherty, J., denying plaintiffs’ motion for the modification of the judgment as given in the fourth paragraph of the opinion, plaintiffs appealed.

Action in the municipal court of Minneapolis to recover $186.55, salary alleged to be due plaintiff under a contract of employment. The facts are stated in the opinion. The case was tried before Waite, 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, it appealed.

Action in tbe district court for Mower county to recover $2,000 damages for the flooding of certain lands for a period of six years, through defendant’s alleged negligence in building and maintaining an embankment, and collecting surface water in ditches and burrow holes along its right of way.

After the decision upon the former appeal, 112 Minn. 330, 127 N. W. 1128, the question was submitted to the court for its determination upon the pleadings and stipulated facts.

Action in the district court for Hennepin county on behalf of the Swedish-American Publishing Company. The substance of the complaint and separate answer of defendant Turnblad are given at tbe beginning of tbe opinion. The case was tried before Brooks, J., who made findings in favor of defendant Turnblad.

Appeal by defendant from the judgment of the district court for Traverse county, entered pursuant to the order of Flaherty, J., affirming a judgment of justice court in favor of plaintiff for $85.39.

Action in the district court for Washington county against three insurance companies to recover $1,757.14 upon an award of referees appointed under the terms of certain fire insurance policies.

Upon a petition for a writ of prohibition to restrain respondent, as justice of the peace within the city o£ St. Paul, from proceeding to enforce a judgment in an action before him in which relator, a resident of St. Paul, is defendant, this court directed respondent to show cause why the writ should not issue.

Application to the district court .for Ramsey county to register title to'certain real estate, the answer of defendants Jefferson and Hoard denied that the applicant was the owner of the real estate and alleged title in themselves.

Application by Albert C. Kuby to the district court for Ramsey county to register title to certain land. The facts are stated in the opinion. Defendants Ryder and Emil C. Kuby answered separately.

Action in tbe district court for Hennepin county by the executor of tbe estate of Mattie Mulligan, deceased, to recover $1,250, tbe value of certain goods alleged to have been stored under contract with defendant. The answer admitted tbe organization of tbe corporation, but denied that its corporate powers were set forth in the complaint. The case was tried before Booth, J., and a jury which returned a verdict in favor of plaintiff for $518.31.

Action in the district court for St. Louis county to recover $297.50 special damages and $25,000 general damages for injuries received while in defendant’s employ. The facts are stated in the opinion. The answer alleged that the location of its place of business was in the city of Virginia and demanded that the action be tried at the place of holding court nearest its residence and place of business, as provided by Laws 1909, c. 126.

Application to the district court for Bamsey county to vacate a certain street. The application was heard before Bunn, J., who made findings of fact and as conclusions of law found that petitioners were entitled to an order of court vacating the street and vesting title to it in the petitioners, by extending the side lines of their respective lots across Lake avenue to the westerly and northwesterly boundary thereof.

Action in the district court for Roseau county to recover $250 reward offered by The Minnesota Bankers’ Association. The money was paid into court by the association and the other claimants made parties defendant to the action.

Action in the district court for St. Louis county to recover $10,000 for personal injuries.

Action in the district court for Hennepin county in behalf of all'stockholders in defendant corporation, to adjudge fraudulent and to cancel certain shares of stock issued to Russell R. Dorr and Bryan R. Dorr, respectively, and to enjoin defendant directors and officers of the Columbia River Orchard Company from allowing either of said persons to vote the stock.

Action in tbe district court for Polk county by the administratrix of the estate of Charles Knudson, deceased, to recover $5,000 for the death of her intestate. The substance of complaint and answer is stated in the opinion. The reply was a general denial. The case was tried before Watts, J., and a jury which rendered a verdict of $3,000 in favor of plaintiff. 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 Polk county to recover $10,000 for assault and battery. The facts are stated in the opinion. The case was tried before Watts, J., and a jury which returned a verdict in favor of plaintiff for $2,000. Erom an order denying defendant’s motion for a new trial, provided plaintiff consent to a reduction of the verdict to $1,000, defendant appealed.

Defendant was cited to appear before tbe municipal court of St. Paul for having operated its street cars on Front street on May 26, 1910, in violation of city ordinance No. 2863. It appeared and pleaded not guilty. The matter was heard before Finehout, J., who found defendant guilty. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for St. Louis county to recover $11,-016 for personal injuries. The facts are stated in the opinion. The answer was a general denial. The case was tried before Dibell, J., and a jury which returned a-verdict in favor of plaintiff for $1,600. 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 $15,-000 for personal injuries. The facts are stated in the opinion. The answer alleged contributory negligence. The case was tried before Booth, J., and a jury which returned a verdict in favor of plaintiff for $5,000. Defendant’s motion for judgment notwithstanding the verdict was denied, and its motion for a new trial granted, unless plaintiff consented to a reduction of the verdict to $3,000.

Action in the district court for Hennepin county to recover $1J0 paid on tbe purchase price of certain land, the purchase of which was induced by the fraudulent representations of defendants. The answer denied that any false representations were made, and alleged that defendant Lyons cancelled the contract of sale because of the default of plaintiff. The case was tried before Holt, J., and a jury which returned a verdict in favor of plaintiff for $186.60.

Action in the district court for Wabasha county to recover $2,879, a balance alleged to be due upon a land contract. From an order,. Snow, J., overruling defendant’s demurrer to the complaint, he appealed.

<p>Partnership.</p> <p>A partnership is a contract between two or more parties to combine their capital, labor, and skill, or some or all of them, in a business in which they are to have a community of interest as principals, for the purpose of joint profits. The sharing of profits is not a conclusive test, and, as between themselves, the question is one of intention.</p> <p>Construction of contract — question for the court.</p> <p>The construction of a written contract is a matter of law for the court, to be determined upon a consideration of its terms; but when the meaning of a writing, by itself, is affected with uncertainty, the intention of the parties may be ascertained by extrinsic evidence. If the extrinsic facts and the inferences to be drawn therefrom are free from doubt, the construction of the contract is exclusively for the court.</p> <p>Parties not partners.</p> <p>Rules applied to the contract referred to in the opinion, and held, that its construction was a matter of law, and that it did not make the parties thereto partners.</p> <p>[Note] Effect of agreement to share profits to create, a partnership, see note in 18 L.R.A. (N.S.) 963.</p>

Action in the district court for Ramsey county to recover $30,000 for personal injuries. The negligence charged in the complaint is stated in the opinion. The answer admitted plaintiff’s accident resulting in the amputation of his hand, but denied every other allegation of the complaint. At the close of the trial, defendant’s motion to dismiss the action was granted. From an order, Brill, L, granting plaintiff’s motion for a new trial, he appealed.

Action in the district court for Carlton county to recover $1,945 for personal injuries. The substance of the complaint and answer are set forth in the opinion. The reply was a general denial. At the close of the testimony defendant’s motion for a directed verdict in its favor was denied. The case was tried before Ensign, J., and a jury which returned a verdict in favor of plaintiff for $825.

Proceedings in the district court for Renville county to enforce payment of taxes on certain real estate, remaining delinquent on the first Monday in January, T909.

Action in tbe district court for Hennepin county to recover $1,-3Lt)-2.-85 for false representations in tbe sale of certain notes. Tbe .-answer -admitted tbat defendant assigned to plaintiff tbe notes and mortgage .described in tbe complaint, and tbat. plaintiff paid therefor. Tbe case -was tried before -Booth, J., and a jury which returned a verdict in favor of plaintiff for $1,078.02.

From an order of tbe board of public works of the city of St. Paul confirming the condemnation of land belonging to Oakland Cemetery Association for an extension of Cook street in that city, the association appealed to the district court for Ramsey county. The appeal was heard by Kelly, J., who made findings and set aside the condemnation proceedings.

Hpon the relation of the Village of Delano, the district court for Wright county granted a writ of mandamus directed to defendant, requiring it to construct and maintain a crossing under its tracks where the same cross Second street in that village, or show cause why it had not done so.

Action, in the district court for St. Louis county to recover $1,000> upon an insurance certificate of defendant. The defense was that plaintiff’s husband was engaged in a prohibited employment.

Action in the district court for Chippewa county for the restitution of certain premises and for damages.

Action in the municipal court of Chisholm, in which plaintiff secured judgment by default. Prom the judgment, defendant appealed to the district court for St. Louis county where judgment was ordered for plaintiff by default. Prom an order, Dibell, J., denying defendant’s motion to vacate the judgment in favor of plaintiff for $204.56, defendant appealed.

Action in the district court for Morrison county by the administratrix of the estate of George W. Coultas, deceased, to recover $5,000 for the death of her intestate. The answer admitted the accident, but specifically denied that the injury sustained was of a permanent character or that death resulted in consequence, and denied that the accident was. caused by defendant’s negligence.

Action in the district court for Ramsey county to recover $15,-000 for personal injuries. The substance of the complaint and the answer is given in the third paragraph of the opinion. The reply was a general denial. The case was tried before Brill, J., and a jury which returned a verdict in favor of plaintiff for $7,500. Prom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Carver county to dissolve a partnership, for an accounting, to ascertain the value of the services of plaintiff’s wife and adjudging the copartnership to be indebted to plaintiff for the value of such services, to convert the assets of the copartnership into money, to pay its indebtedness and that the assets remaining be distributed to the members.

Action in the district court for Itasca county against John Seder-berg and Herman Sederberg, Samuel Simpson, The North Land Pine Company and certain pine saw logs to recover $1,313.07 for labor in hauling logs, and to enforce a lien upon the logs. Defendant Simpson demurred to the complaint and defendant land company demurred to the complaint. From an order, McClenahan, J., overruling demurrers to the complaint, defendants appealed.

R. S. Rasmussen, a brother of deceased, petitioned the probate court for Lincoln county to appoint N, S. Kruse administrator of the estate of Hein Easmussen, deceased. Jens Madsen Easmussen petitioned the court, as one' of the heirs of decedent, and prayed for the appointment of Thomas Hansen as administrator. The court appointed the last named administrator. Karen Sorenson appealed from the order of appointment to the district court for Lincoln county.

The administratrix of the estate of Christina Nordquist, Lottie Sahlbom, petitioned the probate, court for Nobles county to confirm her election, in behalf of her intestate, to renounce the provisions of the last will of Elof Nordquist, husband of the intestate, and in lieu thereof to accept the statutory provisions for the intestate.

Action in the district court for Benton county by the administratrix of the estate of Daniel Orcutt, deceased, to recover $5,000 for the death of her intestate. The answer denied that on July 15, 1909, or at any other time, Daniel Orcutt complained to defendant in respect to the method of adjustment of the grab hooks and chains, or that defendant promised to adjust the hooks differently.

Action in the district court for Ramsey county to recover $26,500 for personal injuries received at Gibbon, Minnesota.

After the last appeal, reported in 108 Minn. 331, 122 N. W. 174, the ease was tried before Booth, J., and a jury which returned a verdict in favor of plaintiff for $6,194.66. Erom an order denying defendant’s motion for a new trial, it appealed.

Defendant was indicted by the grand jury of Martin county of the crime of carnal knowledge of a female child under the age of fourteen years, and upon being arraigned before the district court for that county pleaded not guilty. He was tried before Quinn, J., and a jury which rendered a verdict of guilty. Erom the judgment and from an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $9,719.-66, the amount of taxes claimed to be due by reason of certain omitted taxable gross earnings of defendant for the years 1899 to 1909, both inclusive, not included in defendant’s returns for taxation. The case was heard upon the pleadings and stipulated facts by Hallam, J., who made findings of fact and ordered judgment in favor of plaintiff for the amount demanded.

Action in the district court for Hennepin county to recover $3,-780 for fraudulent statements alleged to have been made for the purpose of inducing plaintiffs to enter into a lease of certain property. From an order, Dickinson, J\, overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for St. Louis county to recover damages for personal injuries. At the trial the jury returned a verdict in favor of plaintiff for $3,000. Defendant appealed from an order denying its motion for judgment notwithstanding the verdict or for a new trial. After defendant had appealed, plaintiff in person and defendant’s attorneys settled the case and stipulated for a dismissal of the appeal without costs to either party, and the appeal was dismissed.

Relator secured a writ of certiorari to review an order of the district court for Ramsey county, Bunn, J., adjudging him guilty of contempt of court in not complying, with the terms of an order of October 22, 1909.

Action in the district court for Blue Earth county to have a certain contract, deed and certificate of redemption declared a mortgage, and that the mortgage be declared usurious and void. Defendant Florence M. Smith interposed an answer disclaiming any interest in the premises on June 1, 1909, or at any time thereafter.

Action in the district court for Cass county against Sam Sutor and E. L. Warren to recover $10,000 for malicious publication of a libelous article in a certain newspaper. The answer denied that defendants were the publishers and proprietors of the newspaper in question and prayed that; they be dismissed. The case was tried before-McClenahan, J., who directed a verdict in favor of defendant Warren,-and a jury which returned a verdict against defendant Sutor for $4,500.

Action in the district court for Carlton county against defendant railroad company and the four defendants named in the opinion to recover $4,737 damages to standing and down timber caused by defendants’ alleged negligence. From orders, Dibell, J., overruling-demurrers to the complaint, of all the defendants except the railroad company, they appealed.

Action in the district court for Polk county to recover the balance due upon two promissory notes guaranteed by defendant. Boyd. His defense is stated in' the opinion. The case was tried before Watts, J., and a jury which returned a verdict in favor of plaintiff for $277.42. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Goodhue county against defendant railroad company and John Dome to recover $35,000 for personal injuries. The complaint alleged defendants were negligent in leaving a truck loaded with freight within about twelve inches of the track on which defendant’s train was moving. The answer alleged contributory negligence on plaintiff’s part. The reply was a general denial.

Action in the district court for Ramsey county by tbe trustee in bankruptcy of Samuel Borg to set aside the conveyance of certain real estate and to adjudge plaintiff to be tbe legal owner thereof.

Erom an order, Bunn, J., modifying the judgment in an action for divorce in the district court fpr Ramsey county,' by directing that defendant and his wife convey to plaintiff certain real estate, and directing that the monthly payments of alimony be reduced from $60 to $40 per month, defendant appealed.

Action in the district court for Ramsey county to recover $5,300 for personal injuries. The complaint alleged that under the terms of a certain lease made between the parties, it was the duty of defendant to maintain and beep the premises, and particularly a certain porch, railings and'guards in good repair, but that she failed to do so.

Action in the district court for Norman county to restrain defendants from issuing licenses for the sale of intoxicating liquors until a majority of the voters at an annual election of defendant city should have voted in favor of granting them.

Action in tbe district court for St. Louis county to recover $1,650 for tbe conversion of certain timber.

Action in the district court for Kamsey county against defendant railway company, Dennis O. Kurley and Henry G. Ofelt, to recover $25,000 for personal injuries. The separate answers of defendants alleged contributory negligence on the part of plaintiff. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $12,500.

Action in the district court for Ramsey county to recover $1,000 upon a benefit certificate issued by defendant. The former appeal is reported in 109 Minn. 289, 123 N. W. 819, 27 L.R.A.(N.S.) 446. After that appeal the case was tried before Orr, J., and a jury which returned a verdict in favor of plaintiff for $1,144.50. 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 Koochiching county to recover $1,700 for the conversion of certain cedar poles. The answer was a general denial. The case was tried before Wright, J., who directed a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in tbe district court for Ramsey county to recover $2,540 damages for loss of services of plaintiff’s minor son caused by injuries sustained through defendant’s alleged negligence. The answer alleged the minor’s contributory negligence. The former appeal is reported in 104 Minn. 527. The case was tried before Brill, J., and a jury which returned a verdict of $400 in favor of plaintiff.

Action in the district court for Winona county to recover $10,225 for personal injuries. The answer admitted the accident but denied negligence on defendant’s part. The case was tried before Snow, J., and a jury which returned a verdict in favor of plaintiff for $4,225. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Upon the petition of Otto Hadler, this court granted a writ of certiorari to review the proceedings of the district court for Nock county, Nelson, J., in relation to the establishment of a certain ditch designated as Judicial Ditch No. 2.

Defendant was convicted in the municipal court of Minneapolis of the offense of selling intoxicating liquor without a license. From the judgment of conviction, Waite, J., defendant appealed.

<p>Action in the district court for Hennepin county to foreclose a certain mortgage; to cancel and set aside an attempted release and satisfaction of it, and directing a sale of the mortgaged premises. The separate answer of Christine Anderberg alleged that she was forced to execute the mortgage through threats of prosecution and arrest of her husband, that there was no consideration for the execution of the note and mortgage; that more than six years had elapsed since the note became due and that the statute of limitations had run .against the note; that Wendelin Muther, knowing the mortgage was executed under threats of violence, and that there was no consideration therefor, voluntarily executed a satisfaction of the mortgage; that the property was sold to plaintiff for a valuable consideration, and that the assignment did not appear of record against the property until long after she had purchased and paid .a valuable consideration therefor. The reply was a general denial. ' The case was tried before Simpson, J., who made findings of fact and as conclusion of law ordered judgment setting aside the satisfaction of the mortgage, and directing a sale of the premises. -'Erom an order denying a motion of Christine Anderberg for a new trial, she appealed.</p>

Appeal by defendant from tbe judgment of the district court for Aitkin county, entered pursuant to the order of Stanton, J., affirming a conviction in justice court of the offense of maintaining an unlicensed drinking place.

Action in the district court for Polk county for an injunction restraining defendant bank and the sheriff from foreclosing certain pretended mortgages, for a temporary restraining order during the pendency of this action, and that the mortgages be declared null and void. The defense of the defendant bank is stated in the third paragraph of the opinion.

Action in the district court for Anoka county to recover $500 for breach of contract. The substance of the defense is stated in the fourth paragraph of the second opinion. The case was tried before Giddings, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action iu tbe district court for Wright county to recover $3,-608.34, balance alleged to be due upon a certain contract for the eonstruction of a ditch. From an order, Giddings, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Becker county to set aside a certain judgment and adjudge plaintiff to be the owner of certain premises. From an order, Hallara, J., overruling the separate demurrer of defendants, except Bettingen, to the complaint, they appealed.

Defendant was convicted in the municipal court of Le Sueur of the crime of assault. Thereafter defendant was indicted in the district court for Le Sueur county of the crime of maiming.

Action in the district court for Hennepin county by the receiver of the T. M. Roberts Co-operative Supply Company to recover the par value of certain stock. From orders, Hale, J., overruling defendants’ separate demurrers to the complaint, they appealed separately.

Action. in the municipal court of Duluth against Thomas J. Storey , and John Green, to recover possession of a moose head, or $300 in lieu thereof, and $25 for its detention. The case was tried before Windom, J., who directed a verdict in favor of defendants.

Action in the district court for Cass county by the guardian ad litem of Peter Kanz to recover $15,000 for personal injuries. The substance of the pleadings is given in the fifth paragraph of the opinion. The case was tried before McClenahan, J., and a jury which returned a verdict in favor of plaintiff for $13,150. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Ramsey county to recover $554.88 alleged delinquent taxes due from defendant company. The defendant appeared specially and moved to set aside the service of the summons. From an order, Hallam, J., denying defendant’s motion, it appealed.

Action in the district court for Hennepin county to recover $2,000 upon a fire insurance policy. Plaintiff demurred to the paragraphs of the answer numbered 3, 4, and 5; and moved for judgment upon the pleadings. The matter was argued before Dickinson, L, who ordered judgment in favor of plaintiff for $312.48. From the judgment entered pursuant to the order, defendant appealed.

Action in tbe district court for Eice county by Mabel E. McKenzie and the guardian of Laura E. Budd against William Duns-moor and Lydia A. Dunsmoor and all other persons unknown, claiming any right, title or interest in the real estate described in the complaint, for judgment decreeing- Mabel E. McKenzie to be possessed of certain premises and that Laura E. Budd is tbe owner thereof, subject to the life estate of Mabel E. McKenzie.

Action in the district court for Ramsey county to recover $647.23 upon a certain written guaranty. The opinion gives the substance of the answer. The reply was a general denial. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $12.18. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in tbe district court for Ramsey county to,recover $20,300 for personal injuries.

Appeal by Peter O. Hanson from an order of the district court for Yellow Medicine county, Powers, J., affirming the order of the probate court for that county refusing to appoint a guardian for Ole Hanson Kalstarud.

Defendant was indicted by the grand jury of Le Sueur county of the crime of carnally knowing and abusing a female child under the age of eighteen years. He pleaded not guilty, and was tried before Morrison, J., and a jury which found defendant guilty as charged in the indictment. From the order denying his motion for a new trial, defendant appealed.

Action in the district court for Pipestone county to recover $10,230 for personal injuries. Erom an order, P. E. Brown, J., overruling defendant’s demurrer to the complaint, it appealed.

Appeal by defendant from an order of the district court for St. Louis county, Ensign, J., denying his motion for a new trial after conviction of murder in the second degree.

Action in tbe district court for Koochiching county to enjoin defendants from further proceedings in the foreclosure of a certain mortgage under the power of sale therein contained, until the amount due and owing thereunder should be ascertained and determined by court and for a temporary injunction pending trial.

Action in the district court for Pine county for absolute divorce and for alimony. The complaint alleged wilful desertion and failure to provide plaintiff with the necessaries of life. The answer denied those allegations and alleged that on December 1, 1904, defendant left home to work in St. Paul at the special instance and request of plaintiff. The reply was a general denial.

Appeal by defendant from an order of the district court for Hennepin county, Hale, J., allowing plaintiff’s attorney $250 for services and expenses incurred on her behalf.

Action in the district court for St. Louis county to recover $1,000 upon a life insurance policy. The answer set out the conditions of the policy and denied any knowledge as to whether on April 26, 1910, the insured was injured by a railway train, which injury was the immediate cause of his death, and death was the direct re-suit of such accident, and that the injuries and death were caused .by external, violent and accidental means.

Action in the district court for Renville county to recover possession of certain lots in the village of Morton. Tire separate answer of E. H. Richardson contained substantially the same allegations as the complaint in the case of Richardson v. Richardson, page 12, supra. The reply contained substantially the allegations of the answer in the former case.

Action in the district court for - Hennepin county to recover $16,000 for personal injuries sustained in a collision with an automobile owned by defendant Pierce and driven by defendant Meeds.

Action in the district court for Hennepin county by the administrator of the estate of William H. Ward, deceased, to recover $5,000 for the death of his intestate.

<p>Attachment.</p> <p>Upon a motion to vacate an attachment, where the evidence was conflicting, the decision of the trial court is conclusive, unless there is a clear preponderance of the evidence opposed to it. [Reporter.]</p>

Action in the district court for Crow Wing county to recover $755.05 for goods sold. Defendant Hoerr, in his separate answer, expressly denied that he and McKinley were partners.

Action in forcible entry and unlawful detainer begun in the municipal court of Ortonville, in which plaintiff recovered judgment. Defendant appealed from the judgment to the district court for Big Stone county. The appeal was tried before Flaherty, J., and a jury which granted plaintiff restitution of the premises. 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 Cass county to recover $1,278.37 balance alleged to be due upon a contract for driving logs. The complaint alleged that pursuant to the contract plaintiff took possession of all logs in Little (lull lake during the logging season of 1906 and 1907 and drove and delivered the logs to defendant.

Two actions in the district court for St. Louis county, one by the father of Nicolai Verneri Korpi, a minor nine years of age, to recover $5,000, expenses caused plaintiff and loss of wages while submitting to the operation of skin grafting for the benefit of his injured son, and the other, for the benefit of that son, to recover $15,000 damages for his injuries. From an order, Dibell, J., overruling defendant’s demurrers to the complaints, it appealed.

<p>Action in the district court for Blue Earth county to foreclose a real estate mortgage given by defendant Funk. Defendant Azella F. Smith answered separately and repeated substantially the allegations of her complaint in the case of Smith v. Funk, supra, page 367. Defendants C. O. Dailey and C. J. Laurisch also answered and prayed that their mortgage for $300 be decreed to be a lien on the premises and that it be foreclosed by a sale of the premises. The case was tried before Quinn, J., who made findings and ordered judgment in favor of plaintiff, decreed the mortgage deed of Dailey and Laurisch to be void, but ordered that they have judgment against defendant Smith for the sum of $300. From the judgment decreeing a foreclosure sale of the premises involved and in favor of plaintiff and defendants C. O. Dailey and C. J. Laurisch, defendant Azella F. Smith appealed.</p>

Action in the district court for Dakota county to recover $3,221.61, balance of purchase price of certain real estate and stock of goods.

Action in the district court for Ramsey county to recover $7,500 for personal injuries.

Action in the district court for Ramsey county to recover $21,000 damages for personal injuries received while riding with defendant, his employer, in an automobile driven by defendant.

Action in the district court for Cass county 'by the father of Peter Kanz to recover $2,000 for loss of services of his minor son. The case was tried before MeClenahan, J., and a jury which returned a verdict in favor of plaintiff for $1,025. 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 Mille Lacs county to recover $46,525 damages, upon twenty-three causes of action, for defendant’s alleged failures to furnish sufficient cars for the shipment of potatoes. From an order, Taylor, J., overruling defendant’s demurrer to the complaint, on the ground it failed to state-facts sufficient to constitute a cause of action against defendant, it appealed»

Action in the district court for St. Louis county to recover $12,000 for personal injuries. The complaint alleged that while plaintiff was cleaning out ashes under the engine, the engineer, with full knowledge of plaintiff’s whereabouts and occupation, started the engine without blowing the whistle, ringing the bell or giving plaintiff any warning whatever, resulting in the injuries for which plaintiff sought to recover. The answer alleged negligence on the part of plaintiff.

Action in the district court for Le Sueur county to recover $175 for damages to a carriage. The answer was a general denial. The case was tried before Morrison, J., and a jury which returned a verdict in favor of defendant. From the judgment entered pursuant to the verdict, plaintiff appealed.