Volume 115 — Minnesota Reports

Action, in the district court for Polk county against the administrator of the estate of Arne Nelson, deceased, to recover $1,025 and to reform a contract by striking out the words “but in no event shall the amounts required to be paid exceed the amounts required to-be paid by the judgment,” and inserting the words found in the first paragraph of the opinion. The answer admitted the execution of the contract but alleged it was- made without any consideration whatever.

Information for a writ of mandamus from the district court for Chisago county to compel defendant county and its auditor to refund certain taxes to the holder of a void tax certificate bought at the tax sale in 1881, and subsequent 'taxes paid in the years 1881 to 1887 inclusive, and for the years 1892 to 1906 inclusive. An alternative writ was granted. The matter was heard before Stolberg', J., who made findings of fact and as conclusion of law quashed the writ.

Action in the district court for Wilkin county to recover $600,, balance alleged to 'be due upon a certain contract, and for a deed conveying to plaintiff title to the premises mentioned in the contract.

Action in the district court for Ramsey county to recover $2,500' for money advanced. The answer admitted a former partnership-between F.- J. Haynes and plaintiff, but denied that it ever entered into any agreement with plaintiff for the purpose of borrowing money, or that it had ever received any money from plaintiff and alleged that plaintiff was paid in full any indebtedness due from the corporation. The reply was a general denial.

Action in the district court for Polk county by the administrator of the estate of Henry Olson, deceased, to recover $2,000 for the death of his intestate.

Action, in the district court for Hennepin county agUinst W. E. Dauchy, W. E. Carey and Winston Brothers Company, to recover $25,000 for personal injuries. The answer alleged among other matters that plaintiff received the injury of which he complained while working as shovel pitman; that he was experienced in that class of work and fully appreciated the dangers incident thereto, and that his injuries were due to his own negligence. The reply was a general denial.

Action in the district court for St. Louis county to recover $1,000 commission for services rendered in securing a purchaser for certain property. The case was tried before Ensign, J., who ordered judgment in favor of defendant. Erom the judgment entered pursuant to the order, plaintiff appealed.

Action in the district court for Hennepin county by the administrator of the estate of Joel Bengston, deceased, to recover $5,000 for negligence in trepanning the skull of his intestate in failing to remove the gauze in dressing the wound, by reason of which a tumor was formed on the brain, as a result whereof intestate died. The answer, for a defense, alleged a settlement by plaintiff with James L. Robinson, the employer whose negligence caused the injury to decedent.

Action in the district court for Ramsey county to recover $10,250 for personal injuries. The answer admitted that while plaintiff Avas handling hot rivets in a sheet iron can, a very small quantity of powder in the can exploded, but denied that any injury was caused thereby and denied specifically that the explosion was brought about by any negligence on defendant’s part.

Action in the district court for Martin county to dissolve defendant corporation, wind up its affairs, sequester and sell for the benefit of the creditors any property owned by the corporation; that all creditors be required to file their claims; that certain settlements be confirmed and judgment entered against all defendant stockholders for any deficiency, and for the appointment of a receiver..

Six actions in tbe district court for Hennepin county by tbe trustee for the creditors of the Union Mutual Fire Insurance Company of Cincinnati to recover assessments due from policy holders in that company. From orders, Simpson, J., sustaining demurrers to the complaint, plaintiff appealed for the reasons following: (1) Said ■district court erred in sustaining the demurrer to' plaintiff’s complaint.

Lewis, J., affirming an order made April 28, 1909, by the railroad and warehouse commission, requiring defendant to construct and operate a spur track connecting, by a switch, with its main line of railway and running to the stone quarry of William J. Prendergast.

‘ Action in the district court for Sibley county to recover $300, being ten per cent of the amount received by defendant village for liquor licenses. From an order, Morrison, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

After the former appeal, reported in 111 Minn. 6, 126 N. W. 284, the case was tried before Cant, J., and a jury which returned a verdict in favor of plaintiff for $918.62. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or ¿for a new trial, he appealed.

Defendant was convicted in the municipal court of Duluth of the ■offense of obstructing the street with an automobile, in violation of the ordinance. He appealed to the district court for St. Louis county, where the judgment was affirmed, Ensign, Cant and Hughes, JJ. From the order of affirmance, defendant appealed to this court.

Action in the district court for Otter Tail county to recover $516.06, balance of annual license fee of $1,200 for selling intoxicating liquor. From au order, Baxter, J., overruling its demurrer to the complaint, defendant city appealed.

Action in the municipal court for Minneapolis to recover $500 damages to five carloads of cattle caused by negligence in transportation. The answer admitted the delivery to defendant of five carloads of cattle; alleged that the cattle were duly transported to Chicago with reasonable speed and dispatch, and were there delivered in accordance with the terms of consignment. The reply was a general denial.

An appeal by Frances E. Gregory and Caroline M. Hascall to the •district court for Hennepin county from an order of the probate court for that county, which admitted a certain will to probate and appointed Lewis W. Lansing and Joseph P. Lansing executors of the estate, was affirmed, Holt, J. From an order denying appellants’ motion for a new trial, they appealed to this court.

Action in the district court for St. Louis county against defendant-corporation and John W. Hilliard, to recover $2,613.60, amount paid for lien claims after the same had been adjudged valid. From an order, Dibell, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action by tbe administrator of tbe estate of Cordelia Ingalls, deceased, against defendant Earr and Jennie Grant, in tbe district court for Cbisago county to recover $7,000, for money and property ■belonging to tbe estate of said decedent wbicb tbe deceased bad deeded to defendants.

Action by tbe surveyor general of tbe Eiftb district of Minnesota in the district court for Beltrami county to recover $2,930.85, fees for surveying and scaling, at tbe request of defendant, certain logs and lumber within defendant’s boom in Rainy Lake river, and for making and recording scale bills during tbe year 1909. Eroni an order, Stanton, L, overruling defendant’s demurrer to tbe complaint, it appealed.

Action in the district court for Hennepin county against the sheriff of that county to recover $818.50 for conversion. The substance of the answer will be found in the opinion. From an order, Holt, J., overruling plaintiff’s demurrer to the answer, M appealed.

Action in tbe district court for Hennepin county to recover $1,910 for personal injuries.

Action in the district court for Freeborn county to recover $2,000 for personal injuries. The case was tried before Kingsley, -T., and a jury which returned a verdict in favor of plaintiff for $1,200. 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 Lyon county to recover $1,999' for personal injuries. The answer alleged contributory negligence on the part of plaintiff, and that he assumed the risks of his employment. The reply was a general denial. The case was tried before Olsen, J., and a jury which returned a vérdict in favor of plaintiff for the amount- demanded. From an order' denying defendant’s motion for a new trial, it appealed.

Action in the district court for Blue Earth county against E. S. Allen and George L. Woodard. The Eirst National Bank of Mankato, upon instructions from the drawer, delivered the draft mentioned in the opinion upon receipt of $1,650 from Goughian, and was garnisheed in this action. After the disclosure of the garnishee, the court ordered that the Waggoner Bank & Trust Company be made a party to the action, and the Trust Company filed its complaint in intervention.

Action in the district court for Ramsey county to adjudge defendant guilty of usurping the franchise and business of a public warehouseman and to enjoin it from conducting such business.

Action, in tbe district court for Waseca county to recover $120 upon an insurance policy. Tbe defenses set up in tbe answér are given in tbe second paragraph of tbe opinion. Tbe case was tried before Buckham, J., wbo directed a verdict in favor of plaintiff for tbe amount demanded. Defendant’s motion for judgment notwithstanding tbe verdict was denied. From tbe judgment entered pursuant to tbe verdict, defendant appealed.

Action in the district court for St. Louis county to recover $25,-000 for personal injuries.

Action, in the district court for Brown county for an accounting, for the payment of moneys found to be due upon such accounting and for a termination of the trust set up in the complaint. The facts axe stated in the opinion. The answer put in issue the allegations of the complaint and set up laches of plaintiffs as a defense. The reply was a general denial.

Action in the district court for Ramsey county to recover $568.21, damages to a carload of strawberries caused by delay in transportation.

Action transferred to the district court for Ramsey county to quiet title to certain land.

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

John Olson was convicted in the municipal court of Minneapolis of disorderly conduct and sentenced to hard labor in the workhouse for a term not exceeding thirty days. Erom an order, Leary, J., denying defendant’s motion for a new trial and to vacate and modify the judgment, he appealed.

Action in the district court of Ramsey county to recover $3,-246.88. After the former appeal, reported in 109 Minn. 440, the case was tried again before Simpson, J., and a jury which returned a verdict in favor of defendant. Erom an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Grant county to recover $1,000 for personal, injuries. The answer alleged negligence on the part of plaintiff. The reply denied the contributory negligence of plaintiff. The case was tried before Flaherty, j., who directed a verdict in favor of defendant. From an order denying plaintiff’s' motion for a new trial, he appealed.

Actiou in the district court for Norman county against Lewis Lohn, E. G. Holmes, Wild Hice Lumber Company and Scott Goodwin. The purpose of the action is mentioned in the first paragraph of the opinion. The answer of defendant Lohn alleged that' the judgment of $1,028.94 was recovered against defendant Goodwin and one M. II.

Action in the municipal court of Minneapolis to recover $500 damages. The substance of the pleadings is given in the first paragraph of the opinion. The case was tried before O. L. Smith, J., and a jury which returned a verdict in favor of plaintiff for $300. From an order denying their motion for judgment notwithstanding the verdict or- for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $2,500' for personal injuries. The answer alleged plaintiff’s contributory-negligence. The case was tried before Hallara, J., who, at the close of plaintiff’s evidence granted defendant’s motion to dismiss the-action on the ground that plaintiff knew of the danger involved in the operation of the machine and assumed the risks. Prom an order-denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Morrison county to recover $1,000 upon a life insurance policy. The case was tried before Taylor, J., who directed a verdict in favor of plaintiff for the amount of the policy'and interest. From an order denying defendant’s motion for judgment notwithstanding the verdict, or for a new trial on the ground of newly discovered evidence, or for leave to file an amended answer, it appealed.

Petition of contestant, Charles B. Whittier, to the district court for Dakota county for a recount of all the ballots cast at the village election of 1911 upon the question of the issue of liquor licenses, and for other relief.

Action in the district court for Hennepin county to enjoin defendant city and defendant city comptroller from executing, issuing or selling bonds of the city during the year 1911, for the purpose of acquiring or improving lands for parks or parkways or for any of the purposes specified in Laws 1907, c. 93, T^aws 1909, c’ 206, and Laws 1911, c. 155, excepting bonds not exceeding $275,000, as expressly permitted by Laws 1911, c. 155. ' The facts were-stipulated.

Action in tile district court for Kamsey county to determine adverse claims to a certain vacant city lot. Defendant Souster was personally served but. did not appear or answer. Defendant Brodie claimed a lien by virtue of certain local improvement certificates of sale.

Action in the district court for Ramsey county to recover $25,000 for personal injuries.

Action in the district court for Ramsey county by the administratrix of the estate of Amable A. Francoeur, deceased, to recover $5,000 for the death of her intestate.

Defendant was indicted for the crime of malicious mischief by the grand jury. The case was tried in the district court for Polk county and resulted in a verdict of guilty. Prom an order, Watts, J., denying defendant’s motion for a new trial, he appealed.

After the former appeal, reported in 110 Minn. 415, 126 N. W.. 126, 623, defendant moved to modify the conclusions of law and order for judgment in the manner described in the opinion. The motion was denied, Buckham, J. From the judgment awarding plaintiff $290.13 as costs and disbursements, and prohibiting the ■Creamery Package Manufacturing Company from continuing business in the state of Minnesota, it appealed.

Action in the district court for Wright county to recover $35,000 for personal injuries. The complaint alleged plaintiff was twenty-five years of age, with little knowledge or experience with machinery, and was earning $52 per month at the time of the accident; that after the accident he was unable to do any kind of work, was permanently crippled and will never be able to do any work of value.

Action in the district court for Ramsey county by the administrator of the estate of Orlando Savino, deceased, to recover $5,000 for the death of his intestate. The case was tried before Bunn, J., who directed a verdict in favor of defendant. Plaintiff moved for a new trial on the ground of newly discovered evidence.

Action in the district court for Ramsey county for judgment requiring defendant city, as an independent school district, to direct the board of school inspectors to desist from mailing any change in the text-books of the public schools during the, period for which they were adopted, and particularly from making any change in the geographies. Plaintiff moved for a restraining order during the pendency of the action.

-Action in the district court for Hennepin county to recover $800. The answer was a general- denial. The case was tried before Hale, J.,-who made findings and as conclusion of law ordered judgment in favor of plaintiff for $412. From the judgment entered pursuant to the ■ findings, defendant- appealed.

Action in the district court for Polk county to recover $1,000 upon a life insurance policy. The case ivas tried before Watts, J., and a jury which returned a verdict favor of plaintiff for the amount of the policy. Erom an order denying defendant’s motion to set aside the verdict and for a new trial, it appéaled.

Action in tbe district court for Hennepin county to recover $1,500 lost in betting on bands at cards and playing roulette in a public gambling place. Tbe answer was a general denial. Tbe case was dried before Booth, J., wbo made findings of fact as stated in the •opinion and as conclusion of law ordered judgment in favor of plaintiff against defendant Eandall, for $75, and in favor of defendants Baker and Eodda.

<p>Action in the district court for Itasca county <to determine adverse -claims to certain real estate. The case was tried before Wright, J., who made findings of fact and conclusions of law as set forth in the -opinion. Plaintiff’s motions to amend the findings of fact were denied. From an order denying plaintiff’s motion to vacate the decision, and for a new trial, he appealed.</p>

Action in the district court for St. Louis county to enjoin defendant from obstructing a highway. The case was tried before Hughes, J., who made findings and as conclusions of law found that the road was not a legally laid out highway, nor a highway by dedication by user; that the buildings of plaintiff did not obstruct or encroach upon any highway, and that defendant was entitled to-judgment of dismissal. From an order denying plaintiff’s motion for a new trial, it appealed.

Action .in the district court for Todd county to recover $1,890. for breach of warranty of machinery bought of defendant.

Action in the district court for Ramsey county by the father of William Johnson to recover $15,000 for personal injuries sustained by his son. The substance of the pleadings will be found in the second paragraph of the opinion. The case was tried before Brill, J., and a jury which returned a verdict in favor of plaintiff for $10,-800. Defendant’s motion for judgment notwithstanding the verdict was denied.

Action in the district court for Mille Lacs county to recover $880 upon a promissory note. The defense interposed was fraud in its inception and the absence of consideration. The reply was a general denial. The ease was tried before Taylor, J., and a jury which returned a verdict in favor of defendants. Prom an order denying plaintiffs’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Petition by plaintiff for an order directed to Honorable William Louis Kelly, one-of tbe judges of the Second Judicial district, to show cause why a writ of mandamus should not issue from this court requiring him 'to certify a settled case, as ■ prepared and presented to him.

Action, in the district court for Waseca county to recover $25,000 for personal injuries.

Appeal by defendant from an order of the district court for St. Louis county, Ensign, Cant, Dibell, and Hughes, JJ., affirming a judgment of the municipal court of Duluth, wherein he was found guilty of the violation of a city ordinance relative to storing explosives within one mile of and outside the limits of the city of Duluth. The facts were stipulated.

Action in the district court for Dodge county to set aside an ante-nuptial contract. The substance of the answer is given in the-opinion. The case was tried before Buckham, J., who made findings of fact and conclusions of law as stated in the opinion. From, the judgment entered pursuant to the findings, defendant appealed..

Action in the district court for St. Louis county to recover $1,-538 for breach of contract.

After the decision upon the former appeal, reported in 112 Minn. 31, 127 N. W. 429, the case was tried before Holt, J., who directed a verdict in favor of plaintiff for $50. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Itasca county to determine adverse claims to certain vacant and unoccupied land. In their answer defendants Sherry admitted that on July, 1898, James Sherry was the owner of the land described, except one “forty,” of which he owned an undivided one-half interest, and denied the other allegations of the complaint.

Action in the district court for Beltrami county to recover possession of a quantity of saw logs, or for $6,000, the value thereof,, and $1,000 damages for detention thereof. Defendant, in its answer, claimed a lien upon all of the logs, pursuant to Laws 1889, e. 221, for tolls, costs and expenses, amounting to $25,836.

Action in the district court for St. Louis county to recover $12,320 for personal injuries. The answer denied that plaintiff’s-injuries were caused through any negligence on defendant’s part.. The case was tried before Ensign, J., and a jury which returned a verdiet in favor of plaintiff for $1,600. Erom the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county to foreclose niechanics’ liens against certain real property. The Northwestern Trust Company was made a defendant as the owner of the mortgage lien against the property.

Action in the municipal court of St. Paul to recover $100 for breach of contract to furnish gas- for cooking. The substance 'of the complaint and answer will be found in the opinion.

.After the former appeal, reported 112 Minn. 138, 12? N- - W. 482, the case was tried before Brill, J., and a jury which returned a verdict in favor of plaintiff for .$4,334.50. 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 Wright county to recover $30,-500 for personal injuries. The answer set up that plaintiff knowingly; assumed the risks of the employment and contributory negligence' on his part. 'The reply was a general denial. The case was tried before Giddings, J., and a jury which returned a verdict in ■favor of plaintiff for $2,62,5;.

Action in the district court for Hennepin county against James T. Davis, Sarah J. Davis, the wife of Eichard H. Davis, and Sarah J.-.Bishop, for judgment declaring plaintiff to be the owner of' certain property, free and clear of any claims of defendants and, if the court should be of opinion that any sum was due to any off the defendants under the contract set out in the opinion, for an accounting.

Action in the district court for Ramsey county to adjudge plaintiff to be the owner in fee simple of three certain city lots, and to quiet his title thereto; that if, for any reason, his title to the premises should appear to the court to be invalid, the court might ascertain the amount of all taxes, interest, penalties and costs embraced in the tax'certificate or certificates, and of all subsequent taxes, penalties, interest or costs paid by him or his assignors, with…

Relator was arrested on a warrant from the municipal court of St. Paul, charged with violating the city ordinance quoted in the opinion, and upon his petition the district court for Ramsey county issued its writ of habeas corpus directed to the chief of police. Upon the hearing on the return day the court, Kelly, J., discharged the writ, and remanded the prisoner to the custody of the police to be dealt with according to law. Erom that order, he appealed.

Application to the district court for St. Louis county by Russell M. Bennett, Edmund J. Longyear and William TL Daniels to register title to certain land. George L. Chesebrough and William Harrison served separate answers in which each alleged they became respectively equitable owners in fee simple of an undivided interest in the land described. The case was tried before Dibell, J., who made amended findings as stated in the opinion.

Action of ejectment in the district court for Pine county, and to determine that plaintiff is the owner of certain land and entitled 'to recover $2,000 damages for the use and occupation of the same.

Action in tbe district court for Roseau county against F. W. Swanson, Rachel Swanson, his wife, and John Bohmer, doing business as the Farmers & Merchants Bank of Badger, to reform a written contract for a deed, the deed given under the contract, and to recover $1,600 for the breach of warranty of the deed as reformed.

Action in the district court for Blue Earth county against George A. -McKinley, O. N. Sonnesyn and Brainerd Lumber & Mercantile Company to recover possession of certain property or $8,000, the A’alue thereof. The case was tried before Snow, J., acting in place of the judge of the Sixth Judicial district,, who directed a verdict in favor of defendants. Erom an order denying plaintiff’s motion to set aside the verdict and for a neAv trial, it appealed.

Action in tlie district court for St. Louis county to recover $1,-034.95 damages for breach of a bond.

Action in the district court for Ramsey county to recover $35,00ff for personal injuries. The substance of the complaint and answer is stated in the second paragraph of the opinion. The reply was-a general denial. The case was tried before Kelly, J., who, at the-close of the evidence, directed a verdict in favor of defendant. Erom an order denying plaintiff’s motion for a neiy trial, he appealed.

Action in the district court for Blue Earth county by the administratrix of the.estate of Lee E. Eoley, deceased, to recover $2,-000 for the death of her intestate.

Action in the district court for Hennepin county to recover $61,-500 for personal injuries. The gist of the complaint is given in the seventh paragraph of the opinion. The answer alleged contributory negligence on the part of plaintiff.

Action in the district court for Beltrami county to recover $1,-727.48 for conversion. From an order, Stanton, J., overruling defendant V. M. Owen’s demurrer to the complaint, he appealed.

Action in the district court for Ramsey county to recover $63,107.52, balance claimed to be due under a railroad grading subcontract. Plaintiff sought to set aside the final estimate on the ground of fraud on the part of the engineer. The trial referred to in the opinion was the second trial of the action.

Action in the district court for Norman county to recover $304.50, ■damages alleged to be due for breach of contract. The answer admitted that plaintiff was a duly qualified, appointed and acting deputy sheriff for Norman county, and that defendant was at one time the cashier of the Scandia-American Bank at Grand Forks, North Dakota. The case was tried before Grindeland, J., who directed a verdict in favor of plaintiff for $164.75.

Action transferred to the district court for Pine county to recover $126 upon a promissory note. The reply was a general denial. The case was tried before Stolberg, L, and a jury which returned a verdict in favor of defendant. Erom an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Pine county to determine adverse-claims to certain real property. The case was tried before Stolberg, J., who ordered judgment in favor of plaintiff. Prom an order granting defendant’s motion to set aside the judgment and for a new trial, plaintiff appealed.

Action to determine adverse claims to certain real property in Jackson county, tried in tbe district court for Ramsey county. The case was tried before Orr, J., who ordered judgment decreeing defendants to be the owners .of the land. Erom an order denying their motion to strike the demand for a second trial from, the files, Ole Hovelsrud and nine other nonanswering defendants, appealed.

Action in the district court for Hennepin county to determine that certain real property ivas partnership property; that the partnership be dissolved; and for the appointment of a receiver, who after-selling the land, should pay all liens and incumbrances out of the proceeds and divide the remainder between plaintiff and defendant in accordance with the terms of their partnership agreement; that is, after payment of expenses and disbursements defendant Avas to receive…

Action in the district court for Wilkin county to recover $759.4$ upon certain promissory notes. The case was tried before Flaherty,. <L, and a jury which returned a verdict in favor of defendant. From-an order denying plaintiff’s motion for judgment notwithstanding: the verdict or for a new trial, it appealed.

Action brought in justice court for unlawful detainer. From a judgment in favor of plaintiff, defendant appealed to the district court for Nicollet county, where the case was tried before Olsen, J.r who directed a verdict in favor of plaintiff. 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 Steele county upon three causes of action to recover $100,000, $2,921.50 and $400 respectively upon a certain contract. The answers pleaded the pendency of a former action in the same court and between the same parties. From an order, Childress, J., sustaining a demurrer to defendant’s amended second defense to plaintiff’s first cause of action, defendánts appealed.

Action by the administrator of the estate of Minnie Major, deceased, in the district court for Beltrami county to recover $1,173,' balance alleged to be due from the proceeds of a sale of certain real property. The case was tried before Stanton, J., who made findings of fact and as conclusion of law ordered judgment in favor of plaintiff for $l,426ffi5 Erom ah order denying defendant’s motion to' set aside the judgment, he appealed.

<p>Appeal from a judgment in the district court for Murray county pursuant to the findings and order of Olsen, J., affirming the order of the county board establishing County Ditch No. 20.</p>

Action in the district court for Lyon county by the administratrix of the estate of Theron R. Gilbert, deceased, to recover $5,000 for the death of her intestate. The case was tried before Olsen, j., and a jury which returned a verdict in'favor of plaintiff for $3,000. 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 JRamsey county to.enjoin defendants and their agents from procuring or permitting or contracting for the printing or publication of the Minnesota Farmers’ Institute Annual No. 24, save by plaintiff under its award and contract’ with the state printing commission. From an order, Hallara, J., denying plaintiff’s motion for a temporary injunction during’the pendency of the action, it appealed.

Action in the district court for Steele county to' compel the transfer of a certificate of stock upon the books of defendant corporation to plaintiff Healey, and to allow him to vote at the meetings of defendant.

Plaintiff and defendant submitted their controversy to the district court for Hennepin county upon an agreed statement of facts, the substance of which will be found in the opinion.

Action in tbe district court for Hennepin county to recover $250 for negotiating a contract for the exchange of certain real estate. One counterclaim set up in the answer is stated in the opinion. The reply admitted that on June 8, 1909, ■ defendant deposited with plaintiffs his note for $75, and alleged that upon defendant’s express order the note was delivered to Drew. At the close of the evidence, plaintiffs’ motion for a directed verdict in their favor was denied.

' Action iii the district court for Grant county to determine adverse claims to real estate.

Action brought in the district court for Brown county, but tried in Hennepin county, to recover $50,800 for personal injuries. The reply alleged that if plaintiff ever signed any release, he had done so at defendant’s instance and while suffering from delirium induced by his accident, or that plaintiff signed the instrument while under the influence of anesthetics and through defendant’s fraudulent representations.

Action in the district court for St. Louis county to recover $5,626 damages to a certain mill, pier and boom and for the loss of logs, caused by the negligence of defendant. The case was tried before Ensign, J., and a jury which returned a verdict in favor of plaintiff for $1,133. Defendant’s motion for a new trial was denied. Erom the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county to recover $3,000 for personal injuries. 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 $450. Prom an order denying defendant’s motion for judgment notwithstanding the verdict and denying a new trial, on condition that plaintiff consented to a reduction of the verdict to $300, it appealed.

Action in the district court for Renville county to determine the adverse claim of defendants that a certain judgment owned by them was a lien upon the real estate described in the complaint. The case was tried upon stipulated facts before Powers, J., who ordered judgment in favor of plaintiff. Prom an order denying defendants’ motion for a new trial, they appealed.

<p>Substitution, of parties plaintiff — dissolution of corporation.</p> <p>Plaintiff, a corporation organized under tbe laws of the state of Washington, commenced this action to recover damages for the breach of a contract. The corporation was subsequently dissolved by operation of the laws of that state, under which all its property became vested in its trustees, to be administered by them for the benefit of its stockholders and creditors under appropriate court proceedings. After its dissolution, appellants, by an order of the court below, were appointed receivers of the corporation, and they applied to be substituted as parties plaintiff in the action. It is held that since, on the dissolution of the corporation, the property thereof became vested in its trustees under the laws of Washington, -the action cannot be revived and continued by the receivers. If it can be revived at all, it must be at the instance of the trustees, who succeeded to the property and rights of the corporation.</p>

Action in the district court for Ramsey county against the city of St. Paul and James A. Whitcomb to recover $5,150 for personal injuries. The answer alleged that if plaintiff was injured it was through his own carelessness and through conditions of climate and season over which defendant had no control. The reply was a general denial. When plaintiff rested at the trial, the motion of defendant city to dismiss the action as to it was granted.

Action in the district court for Watonwan county to recover $600 damages for cattle negligently killed by defendant’s train.

Action in justice court to recover $36 for services as assessor for defendant village rendered in the year 1910. The defendant appeared specially and objected to the jurisdiction of the court on the grounds stated in the first opinion. From the judgment entered by the justice, plaintiff appealed to the district court for the county of Jackson upon questions of law and fact.

Action in the district court for Ramsey county against Elizabeth J. Fitzpatrick and the Milton Dairy Company to recover $12,250 for personal injuries. The separate answer of Milton Dairy Company was a general denial. The case was tried before Bunn, J., who granted a motion, when plaintiff 'rested his case, to dismiss the action as to defendant Fitzpatrick. The jury returned á verdict in-favor of plaintiff for $1,250.

Action in the district court for Otter Tail county to recover $1,000, damage to plaintiff’s stock of goods stored in a basement which was flooded in conséquence of the breaking of defendant’s dam. The case was tried before Nye, 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 Crow Wing county to recover $3,000, in which judgment was entered by default. In October, 1909, defendant gave notice of motion to vacate the judgment and to allow defendant to answer, or for an order perpetually enjoining further proceedings on the judgment.

Action in the district court for Hennepin county to recover $4,375, one-half the cost of the reconstruction of a certain bridge paid by plaintiff, in accordance with the terms of the contract between the parties which is referred to in the opinion.

Action in the district court for St. Louis county to determine-adverse claims to certain real estate. The case was tried .before. Dibell, J., who made the findings mentioned in the third paragraph, of the opinion, and ordered judgment in favor of defendants. From an order denying plaintiff’s motion to amend the findings of fact and conclusions of law, or for a new trial, he appealed.

Action in the district court for Lac qui Parle county to recover possession of a quantity of corn or for $500, the value thereof. The reply was a general denial. The case was tried before Powers, J., and a jury. At the close of the trial it was stipulated by the parties that the jury should be discharged, and the court thereupon discharged the jury.

Action in the municipal court of St. Paul to recover $483 for conversion. The case was tried before Iíanft, J., who made findings of fact and as conclusion of law 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 Carver county to enjoin defendant from maintaining a certain drainage ditch and to recover $350 damages for injury to plaintiff’s land. The case was tried before Powers, J., acting for the judge of the Eighth judicial district, who made findings and ordered judgment in favor of plaintiff, and for $70. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for McLeod county to recover $25,000 for personal injuries. The answer was a general denial. The ease was tried before Morrison, J., and a jury which returned a verdict in favor of plaintiff for $3,000. From an order denying defendant’s motion to set aside the verdict and for a new trial, it appealed.

Action in the district court for Hennepin county to recover $3,000 for delay in transportation of ten carloads of live stock, and for failure to furnish suitable-feeding yards for the cattle in transit. The answer was a general denial. The-ease was tried before Dickinson, J., and a jury which returned a verdict in favor of plaintiff for $2,587.82. From an order denying defendant’s motion for judgr ment notwithstanding the verdict’ or for a new trial, it appealed.

Action by the former surveyor general of the Fifth district of Minnesota in the district court for Beltrami county to recover $12,354.78, fees for himself and deputies in surveying and scaling, at the request of defendant, certain logs and lumber within defendant’s boom upon the Rainy Lake river, and for making and recording scale bills during the years 1905 to 1908, inclusive. From an order, Stanton, J., overruling defendant’s demurrer to' the complaint, defendant appealed.

Action in the district court for Ramsey county to restrain defendant from conducting the business of a public warehouseman. The case was tried before Orr, J., who made findings and as conclusion of law ordered judgment in favor of defendant. 'From the judgment entered pursuant to the order, plaintiff appealed.

Action in the district court for Beltrami county to recover possession of certain pine saw logs or in case -return' of the property could not be had, for $7,500. The pleadings are substantially the same as in the Namakan case.

Defendant was convicted in the municipal court of Minneapolis of disorderly conduct and sentenced to hard labor in the workhouse for the term of thirty days. From an order, Leary, J., denying defendant’s motion for a new trial and to vacate and modify the judgment, she appealed.

After the former appeal reported in 113 Minn. 181, 129 N* W.« 134, defendant Murnane moved the court to determine the equitable and relative share of the fund in court to which he was entitled, and to amend its findings of fact and conclusions of law pursuant to said decision, and to apportion to defendant as-his' equitable and relative share'of said fund fifty per cent, there'of. .

' Action begun in justice court to recover $50 for labor and materials furnished in making a dress for defendant. The history of the action is given in, the opinion. From a judgment of the municipal court of St. -Paul, entered pursuant to a verdict in favor of defendant, after a trial before Finehóut, J., and a jury, plaintiffs appealed.

Action of ejectment in the district court for Pine county, and to abate a dam- and stop the overflow of the premises, and for $2,440 damages. The ease was tried! before Wright, J., on the same evidence as that in Simons v. Munch, supra, page 360. From the judgment in favor of defendants, entered pursuant to the findings, and order for judgment, plaintiff and the allied interveners appealed. Reversed on-appeal of plaintiff and allied interveners.

Action in the district court for Beltrami county to recover $450 damages to hay and grass caused by defendant’s cattle and sheep. The answer was a general' denial. The case was tried before Stanton, J., who denied defendant’s motion fora directed verdict. The jury returned a verdict in favor of plaintiff for ten dollars. Prom an order granting defendant’s motion for judgment notwithstanding, the verdict, plaintiff appealed.

• Action in the district court for Lae qui Parle county for an injunction restraining defendants from trespassing upon certain land or constructing an embank-, •ment for the use of a highway thereon. The answer denied' that defendants ever entered upon plaintiff’s land or that they made embankments, culverts or grades thereon, except upon a public highway.

Action in the district court for Ramsey county to recover $10,000 for personal injuries. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $5,000. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Renville county to determine adverse claims •of defendants to a lien upon certain real estate by virtue of a certain judgment. The case was tried upon stipulated facts before Powers, J., who ordered judgment in favor of plaintiff. Prom an order denying defendants’ motion for a new trial, they appealed.

Action -in the' district .court .for Ramsey comity to recover $15,000 for personal injuries. The answer put in issue the allegations of the complaint respecting plaintiff’s injuries. The case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff' for $1,900. From an order denying defendant’s motion for a new trial, if plaintiff consented to a reduction ot the verdict to $1,200, it appealed.