Volume 116 — Minnesota Reports

Petitioner was convicted in justice court and sentenced to imprisonment. Thereupon the district court for Itasca county, upon his petition, granted-a writ of habeas corpus directed to the sheriff of that county. The court, Stanton, J., ordered the discharge of petitioner and the sheriff appealed to this court from the order of discharge.

Action in the district court for Clearwater county for the appointment of a receiver of the Bagley-Ogema Telephone Company, for the purpose of collecting bents and profits during the pendency of the action and applying the same to repair and maintenance of its lines and exchange; to adjudge the amount due plaintiff on certain promissory notes given by that company; to direct a sale of the mortgaged property and the application of the proceeds thereof to the payment of…

Motion in the district court for Hennepin county to amend a judgment awarding alimony to plaintiff. The motion was heard by Steele, J., who denied the motion. From the order denying his motion, defendant appealed.

Action in the district court for Carlton county to recover' $595 for personal injuries and loss of time occasioned thereby.- The complaint álleged that' plaintiff was walking on a sidewalk in defendant city with a companion who stepped upon á loose plank in the sidewalk, causing the other end to spring up and strike plaintiff on 'the right knee; that defendant city had actual knowledge of the unsafe and defective condition of the sidewalk for more than three months prior to…

After the former appeal, reported in 91 Minn. 209, 102 N. W. 373, the case was tried before Flaherty, I., who found as a fact that defendant’s application to purchase the land was never approved by the land commissioner of the railway company and ordered judgment in favor of plaintiff for the possession of the land and awarded him damages in the sum of $120. From the judgment entered pursuant to the order, defendant appealed.

Action in the district court for Beltrami county to cancel a deed of certain premises and have the title thereto decreed to be in plaintiff, as against defendant.

Action in the district court for Ramsey county to recover possession of certain premises and to restrain defendant .from turning off water from them, and that during the pendency of the action plaintiff, or her servants or employees, be permitted to enter the premises for the purpose of turning on the water or for the purpose of repairing the water pipe. The substance of the answer is given in the opinion.

Action in the district court for Ramsey county to recover $7,-664.24, amount alleged to be due to plaintiff, as sales manager, for his share of profits from the sale of incandescent lamps under a contract between him and the National Sales Company.

Action transferred to the district court for Ramsey county to recover $227.10, the balance due for the first annual premium upon an insurance policy. Defendants in their answer alleged that at the time of the destruction of the promissory note given in payment of the premium, a new agreement was made, whereby the indebtedness evidenced by the note was canceled and defendants were to pay quarterly instalments of the premium as they fell due instead of paying annually.

Upon petition by August Seuske tbe district court for Waseca county issued its alternative writ of mandamus, directed to the common council of tbe city of Waseca, commanding them to determine tbe time, place and manner in which a certain election and tie vote for tbe office of alderman for tbe Second ward of tbe city might be determined at tbe next regular meeting of tbe common council, to be held on tbe second Tuesday of July, A. D. 1911, or to show cause why they bad not…

Application to the district court for Kamsey county by David D. Smith to register title to a certain city lot.

Action in tbe district court for Olmsted county to recover $10,-000 for personal injuries. The negligence alleged in the complaint was that while plaintiff was lifting and removing a motor car from a freight car, the conductor and his fellow servants released their hold on the motor car, and let it drop and fall on plaintiff with great force.

Action in the district court for St. Louis county to recover $1,110 paid to defendant by plaintiff’s daughter.

Action in tbe district court for Olay county to recover $2,000 for personal injuries. Tbe answer to tbe amended complaint was a general denial. The case was tried before Johnson, J., and a jury which returned a verdict in favor of plaintiff for $1,200. Erom an order denying defendant’s alternative motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in tb'e district court for Hennepin county to enforce specific performance of an option contract for the purchase of certain land, and to ascertain the amount to be credited to plaintiff upon the purchase price because of the destruction of the buildings thereon. From an order, Booth, L, overruling defendant’s demurrer to the complaint, he appealed.

Relator, having been committed to an insane asylum under the circumstances related in the opinion, petitioned the district court for Otter Tail county, by his guardian, for a writ of habeas corpus directed to Dr. G. O. Welch, superintendent of the Minnesota State Hospital for the insane at Fergus Falls. The writ was granted and return thereto was made.

'Action in the district court for Morrison county to recover $275 upon a fire insurance policy. Tbe reply specifically denied tbe allegation of tbe answer tbat tbe bouse bad been vacant more tban ten days immediately preceding tbe fire.

Action in the district court for Hennepin county to recover $15,000 for personal injuries. The facts are found in the opinion. The answer alleged that at the time of the injury plaintiff and a fellow-workman were engaged in re-aligning and leveling an engine, and that plaintiff was removing from underneath the bed of the engine cement upon the top of the foundation upon which the engine rested and that while so engaged he sustained injuries. The reply was a general denial.

Action in tbe district court for Hennepin county for divorce, and for other relief. The complaint alleged the value of the homestead was $5,000 and of the Wisconsin land was $2,500. The answer denied that defendant was the owner of any real estate or personal property of greater value than $3,000, and alleged that the homestead was owned jointly by the parties. The case was tried before John Day Smith, J., who made findings and granted plaintiff a divorce.

Action in the district court for Ramsey county against John L. Whitaker and another, doing business under the name of John B. Hoxsie & Company, to recover $1,251.30 for conversion. The answer admitted the existence of plaintiff corporation and that defendants were copartners, but denied the other allegations of the complaint.

Action in the district court for Ramsey county by an assignee of the claim to recover $1,387.20, the unpaid balance of the stipulated commission for negotiating a sale of cement. The written contract between buyer and seller was made a part of the amended complaint.

Action in tbe district court for St. Louis county by the administratrix of the estate of Joseph J. Connelly, deceased, to recover $5,000 for the death of her intestate. The case was tried before Ensign, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. Erom an order denying defendant’s motion in the alternative for judgment notwithstanding the verdict or for a new trial, it appealed.

Petition to the probate court for Mower county to have set apart to petitioner for his life a certain tract of land as the homestead of his deceased wife. Prom an order denying the petition he appealed to the district court for that county.

Action in the district court for St. Louis county to recover $15,000 for personal injuries.

Petition to the district court for Hennepin county for a return of $500 bail, which the court declared was forfeited. From an order, Steele, J., directing the treasurer of Hennepin county to pay to Frank Edwards or his attorney the forfeited bail money, and that petitioner pay the sheriff the sum of ten dollars as and for costs in effecting his capture, the county of Hennepin appealed.

Action in the district court for Crow Wing county to determine adverse claims to certain vacant real property.

Action in the district court for Ramsey county to recover $2,000 lor 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 $1,550. From an order denying defendant’s •alternative motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for St. Louis county to recover $1,~ 521.77, the price of certain merchandise. The case was tried before-Ensign, J., and a jury which returned a verdict in favor of defendants. From an order denying plaintiffs’ motion for judgment notwithstanding the verdict or for a new trial, and from the judgment entered pursuant to the verdict, plaintiffs appealed.

Action in the district court for Brown county to recover $2,000 upon defendant’s certificate of insurance. The summons required defendant to answer the complaint, a copy of which was annexed, within twenty days after the service of the summons exclusive of the day of service.

Action in the district court for Ramsey county to recover $1,500, damages for alleged forcible ejection from defendant’s train.

Action in the district court for Beltrami county to recover $100 upon an order accepted by defendant. Tbe answer was a general denial. The case was tried before Stanton, J., wbo made findings and as conclusion of law found that plaintiff was entitled to judgment for tbe sum demanded. From tbe judgment entered pursuant to the order, defendant appealed.

Julius Karger and Solomon Karger appealed from an order of the district court for Hennepin county, Holt, J., granting defendant’s motion for an order staying execution and all proceedings upon a judgment recovered by appellants against defendant.

Action in. the district court for Hennepin County for suit money, alimony, attorney’s fees, for a division of the property of defendant or for an allowance, and for a limited divorce. The answer alleged that were it not for plaintiff’s relatives, and their relentless pursuit of defendant to gain control of his property by transfer of the same to plaintiff, defendant and plaintiff could and would live together in domestic tranquility.

Action in the district court for Wright county to recover $270, balance of rent alleged to be due upon a written lease.' The substance of the answer is given in the opinion.

Action in the district court for Ramsey county to recover $15,000 for personal injuries. The answer to the amended complaint alleged that plaintiffs injuries were directly due to his failure to exercise ordinary care. The case was tried before Iíallam, J., who at the close of plaintiff’s case granted defendant’s motion to dismiss the action. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Hennepin county by the guardian •of Leander Koski to recover $20,000 for personal injuries. The case was tried before Steele, J., who at the close of plaintiff’s case and at the close of the evidence denied defendants’ motion for a •directed verdict, and a jury which returned a verdict in favor of plaintiff for $1,500. From the' judgment entered pursuant to the verdict', defendants appealed.

Action in the district court for Ramsey county against Luther S. Cushing, Fred S. Berry and William Poppenberger, as trustees,, and C. A. Bettingen, to require defendant Bettingen to set up his-claims to the interest of plaintiff’s judgment debtor, Joseph A. Hurley, in the hands of defendant trustees, and to adjudge plaintiff’s, judgment to he a lien upon the moneys of said Hurley under and by virtue of a trust deed made by Mark J. Fitzpatrick and others, for the benefit of…

Action in the district court for St. Louis county to recover $600 upon defendant’s certificate of insurance.

Action in tbe district court for Hennepin county to recover $5,200 for alleged fraudulent representations in the sale of mining stock. The case was tried before Steele, J., and a jury which returned a verdict in favor of plaintiff for $3,515. From an order denying defendant’s alternative motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Action in the district court for Ramsey county against National Biscuit Company, J. T. McMillan Company and City of St. Paul to recover $1,690 for personal injuries. Froip an order, Brill, J.,. overruling the demurrer of defendant National Biscuit Company to> the complaint, it appealed.

Action in the district court for Hennepin county to recover $1,500 for breach of an agreement to keep plaintiff’s property covered by insurance in that sum in some good and solvent insurance company authorized to do business in Minnesota. The answer admitted that certain store fixtures belonging to plaintiff were destroyed by fire, without negligence on his part, but denied that they were of any greater value than $2,000, and denied the other allegations of the complaint.

Action in tbe district court for Steele county against Adam Diebel, Andrew Diebel and Emil Mann for specific performance of a certain contract for tbe sale of land. Tbe substance of tbe pleadings will be found in tbe opinion. Tbe case was tried before Buckbam, J., wbo made findings of fact and conclusions of law as stated in tbe opinion. Erom orders denying tbeir separate motions for a new trial, Childress, J., defendants Adam Diebel and Andrew Diebel appealed.

Action in the district court for Ramsey county to recover' $30,-000 for fraudulent representations in the purchase of real property. The answer alleged that in consideration of the sum of $35,000 defendant conveyed real estate and certain personal property to-plaintiff, for which he paid $20,000 in cash and made a mortgage-for $15,000 for the balance.

Action in tbe district court for Mahnomen county to recover $200.18, balance alleged to be due upon a certain contract of sale. Judgment against defendant was entered by default on November 4, 1910. On May 6, 1911, he gave notice of motion to set aside the judgment on the ground that the court never acquired jurisdiction over him. The motion was denied, Grindeland, J. From the order denying the motion defendant appealed.

Action in tbe district court for Ramsey county to recover $10,310 for personal injuries. Tbe answer alleged that plaintiff remained in tbe car after it arrived at tbe end of tbe line and started on its return trip to Minneapolis; that he refused to pay the fare demanded and refused to leave the car when requested so to do, whereupon he was ejected from the car, but denied that unnecessary force was used. The reply was a general denial.

Action in the district court for Hennepin county to determine a boundary line. The answer of defendant Wilcox prayed for the reformation of the deed from George Summers to defendant and of the deed from Ida G. Oedarstrand to plaintiff, and that, when reformed, the boundary be determined. Ida G. Oedarstrand, George Oedarstrand and another were made parties to the action and filed answers to the cross bill of defendant Wilcox.

After the former appeal, reported in 111 Minn. 287, the case was tried before Hallam, J., who submitted to the jury the special question stated in the opinion. The jury returned a verdict in favor of plaintiff for $1,319.82, and answered the special question in the negative. Erom an order denying defendants’ alternative motion for judgment in their favor notwithstanding the verdict or for a new trial, they appealed.

Action in the district court for St. Louis county to recover $10,000 for personal injuries. The answer admitted that plaintiff was employed in the mine as a shift boss; that he received an injury to one of his hands while in the performance of his duties, and alleged that his injury was the result of his own carelessness. The reply was a general denial. The case was tried before Ensign, J., who at the close of the evidence directed a verdict in favor of defendant.

Action begun in justice court to recover $50 damages to growing crops caused by defendant’s cattle. Judgment was entered in favor of plaintiff for the sum of $40. Defendant appealed to the district court for Carver county. The case was tried before Morrison, J., who directed a verdict in favor of plaintiff, and a jury which returned a verdict in the sum of $40. Erom an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Ramsey county by the assignee of D. R. Elder to recover $700, commission alleged to be due for selling a certain city lot.

Action in the district court for Rock county to recover $517.90’ for goods sold and delivered. The case was tried before Nelson, J., who directed a verdict in favor of plaintiff for $477.23. From an order setting aside the verdict and granting a new trial, plaintiff appealed.

Action in the district court for Wright county against Edward Bukosky and five others to recover $812. The two causes of action are stated in the opinion. The amended complaint further alleged that in a state of nature no drainage of defendants’ land could be had over plaintiff’s premises so as to benefit defendants’ lands.

Action in the district court for Hennepin county to recover $1,250, tbe value of an automobile offered in a newspaper contest.

Action in the district court for Blue Earth county to recover $21,500 for personal injuries.

Complaint in the municipal court of St. Paul that defendant had sold confectionery in that city which contained coal-tar dye, contrary to the Minnesota statute. Defendant pleaded not guilty. ■ The facts were stipulated. No other evidence being offered, defendant’s motion for dismissal was denied, and defendant was found guilty as charged in the complaint, Einehout, J. He was sentenced to pay a fine of $100.

Action in the municipal court of Minneapolis to recover $100 upon a promissory note. The answer alleged that about February 6, 1907, defendant made a series of notes to Smith & Nixon Piano Company, but that they had all been paid. The reply was a general denial. The case was tried before Leary, J., and a jur-y which returned a verdict in favor of plaintiff for $124.08. Defendant’s motion for a new trial was denied.

Case certified from the district court for Itamsey County, Orr, J., under It. L. 1905,, § 5409, for the determination of the questions stated in the opinion.

Action in the municipal court of Minneapolis against D. J. Gill-man and M. Berman to recover $35 upon a check. The reply was a general denial. The case was tried before Charles L. Smith, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff. Erom the judgment entered pursuant to the verdict, defendant Berman appealed.

Action in the district court for Hennepin county by the administratrix of the estate of Peter Gjorvad, deceased, to recover $5,000 for the death of her intestate. The reply was a general denial.

Two actions in the district court for Hennepin county against defendant railway company and Palph L. Munger, one by Dora Piper, individually, to recover $6,000 for medical services and loss of the services of her minor son, and the other by Dora Piper, as mother of James E. Piper, to recover $25,000 for the Son’s exclusive benefit.

Action in the district court for Ramsey county to recover $2,000 upon defendant’s benefit certificate. More than thirty days having elapsed after the summons and complaint were served, judgment by default was taken. From an order, Kelly, J., denying defendant’s motion to vacate the judgment and for leave to answer,, it appealed.

Action, in the district court for Hennepin county for partition of certain land. The answer admitted the value of the land alleged, denied the other allegations of the complaint, and alleged that any claim made to the premises by plaintiff was derived wholly through the deed mentioned in the opinion; that the instrument was never delivered to any person, and was wholly ineffectual to convey any interest in the land.

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

After the former appeal, reported in 114 Minn. 189, 130 N. W. 946, the action was tried before'Kingsley, J., and a jury which returned a verdict in favor of plaintiff for $360. Erom an order denying defendant’s motion' for a new trial, it appealed.

Action in. the district court for Goodhue county to have certain notes and mortgages canceled, to annul all proceedings to foreclose the mortgages, and to declare the mortgages to be not a lien upon certain land, and to hare them declared void on account of usury. The substance of the pleadings is given in the opinion. The case was tried before Johnson, J., and a jury which answered the five questions submitted to it in the manner stated in the opinion.

After the former appeal, reported in 112 Minn. 397, 128 N. W. ■671, the complaint was amended to allege that the summons in the •action brought to secure a deficiency judgment had never in fact been served upon plaintiff; that the dealings between plaintiff and ■defendant with reference to the foreclosure operated to set the foreclosure aside, and by reason thereof defendant’s right in and to the mortgaged premises was that of a mortgagee in possession.

Action in the district court for Ramsey county to recover $1,350 upon defendant’s benefit certificate. The defense is given in the opinion.

Action in the district court for Ramsey county upon a written contract of sale of land to recover $10,000; to compel defendant to execute and deliver to plaintiff a promissory note for $15,000, dated September 29, 1910, secured by mortgage on the land described and', that plaintiff have a lien on the land to secure the payment of the' $10,000.

'Action, in tbe district court for Hennepin county by tbe receiver of the Winslow Furniture & Carpet Company to recover $5,000,. defendant’s constitutional liability as owner of fifty shares of stock in that corporation.

Action in the district court for Ramsey county by the administrator of the estate of George E. Miller, deceased, to recover $5,000 for the death of his intestate: The action was tried before Brill, J., who at the close of plaintiff’s case granted a motion to dismiss the action as to defendant Morrisette, and at the close of the trial granted the motion of defendant building company for a directed verdict in its favor.

Action in the district court for Ramsey county to recover $390 upon a lease of a certain tenement building.

Defendant, conductor of a street car, was prosecuted in the municipal court of Minneapolis for the offense of overcrowding a street car, contrary to the ordinance of that city.

Action in the district court for Steele county to recover possession of a stock of dry goods or for $3,000, the value thereof.

Writ of certiorari, directed to Honorable Adolph O. Eberhart, Governor of the state of Minnesota, to review his action in removing John Kinsella from the office of county attorney of Lake county for nonfeasance and malfeasance in office.

Action in the district court for St. Louis county to recover $15,000 for personal injury. From an order, Dancer, J., overruling defendant’s demurrer to the complaint, it appealed.

Upon the petition of Inga Pederson, this court granted a writ of certiorari directed to William Watts and Andrew Grindeland, as judges of the district court for the Fourteenth judicial district, to review the records of proceedings relating to the establishment, of Judicial Ditch No. 25,. in the district court for that district.

Action .in tbe district court for Carlton county to recover $145.85, value of a suitcase and contents. The complaint alleged in substance the facts given in the second paragraph of the opinion. . The answer alleged that, if plaintiff delivered a suitcase to Edward Krook, it was a personal transaction between them, for which Krook alone was responsible. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for $75.

Action, in the district court for Traverse county to recover $160 for services performed under a written contract. The reply was a general denial. The case was tried before Flaherty, J., who denied a motion to dismiss the action at the close of plaintiff’s case, and directed a verdict in favor of plaintiff for the amount demanded. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Ramsey county to recover $5,000 actual damages and $2,000 punitive damages for personal injuries.

Action in the district court for St. Louis county by the administratrix of the estate of Albert Johnson, deceased, to recover $5,000 for the death of her intestate. The reply was a general denial. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for $2,437.50.

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

Action in the district court for Hennepin county by the widow of Charles H. Upton, deceased, to set aside a deed of certain real property which at the time of her marriage to him was owned and .occupied by him as a homestead, and for $1,500 damages.

Defendant was indicted and convicted in the district court for St. Louis county of the crime of arson in the third degree. From an order, Cant, J., denying defendant’s motion for a new trial, he appealed.

Action in the district court for Olmsted county by five citizens and taxpayers of defendant city against it, its treasurer, and the owners of the bonds in question to adjudge the proceedings of defendant city, upon which bonds for $2,500 were issued, illegal and void; that the expense incurred, and money paid out, in the joint venture by that city over and above $2,500 received from tbe bonds was likewise void; that tbe -defendant city be enjoined from raising any money from…

Action in the district court for Ramsey county against William H. Donahue, Charles Anderson, St. Paul Sash, Door & Lumber Company, Scandinavian American National Bank, Henry J. Burrow and 'Mary Gillen to recover $373.78; to have the demand adjudged to be a mechanic’s lien upon the premises; to determine the claims and liens of defendants, The St. Paul Sash, Door & Lumber Company, The Scandinavian American Bank, Henry J. Burrow and Mary Gillen, and to have the premises sold…

Two actions in the district court for Todd county, one by the administrator of the estate of Eobert Drews, deceased, against defendant railway company and E. A. Zimmer, to recover $5,000 for the death of his intestate, and the other by Carl Drews, individually, against defendant railway company to recover $500 for destruction of plaintiff’s property.

Action in the district court for Blue Earth county to recover $813.79, upon a written contract. The complaint alleged that, at the time of the execution and acceptance of, the agreement, there was due to plaintiff from defendant McCall the sum of $848.37, which the defendants by the conditions of the agreement promised to pay.

Action in the district court for Eamsey county to recov.er $958.50 ■damages.

Appeal by defendant from a judgment of tbe district court for St. Louis county, Ensign, J., sentencing bim to imprisonment in state’s prison for four years after conviction of grand larceny in tbe first degree.

Action in the district court for Fillmore county to determine adverse claims to certain real estate. The substance of the pleadings is given in the second paragraph of the opinion. From an order, Kingsley, J., granting, plaintiff’s motion to strike out the first amended answer as sham and frivolous, defendant appealed.

Action in the district court for Mower county to recover $20,000 for personal injuries. The facts are narrated in the opinion.

Action in the district court for Ramsey county to set aside a stipulation settling and dismissing the action mentioned in the opinion on the ground that the stipulation was secured by fraud..

Action in the district court for St. Louis county to recover $20,500 for personal injuries. The reply was a general denial. The case was tried before Dibell, J., who made findings and as conclusions of law ordered judgment in favor of plaintiff for $4,350. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Mille Lacs county to recover $730 upon a promissory note.

Upon the petition of L. S. Kenney, tbis court granted a writ of certiorari directed to L. S. Nelson, judge of 'the district court for tbe Thirteenth judicial district, commanding him to certify all of the proceedings had in the district court for Nobles county in the matter of Judicial Ditch No. 13, in Jackson county.

Action in the district court for Beltrami county to recover $1,264.-50. From an order, Stanton, J., overruling defendant’s demurrer to the complaint, he appealed.

William D. King and Lillie E. King appealed to tbe district court for Hennepin county from an award made and filed by commissioners appointed to award damages for tbe taking of certain property for an addition to the site of the Central High School building, in the city of Minneapolis. The appeal was tried before Griddings, J., sitting as a judge for the Fourth judicial district, and a jury which returned a verdict in favor of William D. King for $8,131.06.

<p>Action in the district court for Hennepin county to fecover $940.-57 alleged to be due upon an accounting. The case was tried before Booth, J"., who made the findings and conclusions of law as set forth in the opinion. From an order denying plaintiff’s motion for a new trial, it appealed.</p>

Action in the district court for Otter Tail county to recover $10,-000 for malpractice. The answer specifically denied negligence in the treatment of plaintiff’s arm and alleged that if it became permanently crippled, deformed, stiff and useless, the condition was due solely to plaintiff’s negligence. The reply was a general denial. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $2,000.

Claim against the estate of O-bah-baum, deceased, to recover $2,000, alleged to be due for services rendered, in accordance with a written contract between the deceased and plaintiff, in prosecuting her claim against the United States. The claim was not allowed by the probate court, and plaintiff appealed to the district court for Becker county. The substance of the pleadings is given in the opinion.

Action by the administrator of the estate of Edwin A. Brock, deceased, in the district court for Wright county to recover $5,000 for the death of his intestate. The substance of the allegations of the complaint will be found in the opinion. The answer specifically denied that plaintiff had sustained damages in any sum whatever by reason of defendant’s negligence.

Petitions by L. E. Jones and Mathias Skala to the district court for Red Lake county to have certain lands detached from the city of Red Lake Falls. The petitions were heard before Watts, J., who made findings and as conclusion of law in the Jones case granted his petition as to lot 5, section 14, township 151 north, of range 44 west, but denied it as to the northeast quarter of the northwest quarter of section 14. In the Skala case, the court denied the petition.

After the former appeal, reported in 114 Minn. 389, 131 N. W. 379, defendant moved to modify the judgment of divorce entered in 1894 by reducing the payments of alimony therein decreed and by modifying the order made December 23, 1910, so that the monthly payments of- alimony should be reduced without any requirement in connection with the order that defendant and his wife should convey any real estate to plaintiff.

Action in the district court for Hennepin county by the administratrix of the estate of William Casey, deceased, to recover $10,000 for the death of her intestate. Erom an order, Steele, J., overruling defendant’s demurrer to the amended complaint, it appealed.

Three actions in the district court for St. Louis county; the Lead and Schulze actions to recover $2,000 damages each, and the Gazett actioñ to restrain defendants from using and maintaining the barn in question for the stabling of horses, from allowing the barn to give off a stench, and to enjoin the use of indecent and obscene language by the men employed at the- barn, and to recover $2,000 damages.

Action in the district court for Kamsey county to recover $5,500, the full penalty of a bond given plaintiff to protect him against mechanics’ liens. The Pacific Surety Company of California, one of the defendants, demurred. Prom an order, Brill, J., overruling the demurrer to the complaint, it appealed.

Action in the district court for Ramsey county against defendant doing business under the name of Valley Iron Works, to recover $12,000 for personal injuries. The substance of the complaint and answer is given in the opinion. The reply was a general denial. The case was tried before Bunn, J., and a jury which returned a verdict in favor of plaintiff for $3,500.

Action in the district court for Martin county by five landowners over whose land the proposed ditch would be constructed, in their own behalf and for the benefit of all other persons, landowners, whose lands would be affected by, and assessed for, the construction of the ditch, against H. P. Edwards, as county auditor of that county, and as an individual, and L. P. Axelson.

Action in the district court for Freeborn county to recover $10,-'000 for malicious alienation of affection of plaintiff’s busband. The answer was a general denial. The case was tried before Kingsley, J., and a jury which returned a verdict in favor of plaintiff for1 $5,000.

On petition of William Morris, an alternative writ of mandamus was issued by tbe district court for Beltrami county, directing respondent, as treasurer of tbe town of Rockwood, in Hubbard county, to pay to relator two several warrants or orders, aggregating $200, out of tbe road and bridge fund available for tbe purpose.

Action, in the district court for Morrison county to vacate and set aside as to plaintiff certain ditch proceedings and the order of the county commissioners pretending to lay out and establish the ditch; to vacate and set aside the tabular list and lien statement and the record thereof; and to remove the cloud on plaintiff’s title to his land created thereby, and to forever quiet plaintiff’s title against the pretended ditch lien.

Action by the administrator of the estate of Albert J. Wendt, deceased, against defendant corporation and Oscar A. Fisher, to recover $5,000 for the death of his intestate. The separate answers alleged negligence on the part of deceased. The replies were general denials. The case was tried before Brill, J., and a jury which returned a verdict' in favor of defendants. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $600 for professional services.

Defendant was indicted, tried and convicted in tbe district court for Hennepin county of tbe crime of burglary in tbe third degree. Tbe substance of tbe indictment will be found in tbe opinion. His motion for a new trial was denied, Dickinson, J. Erom tbe order denying tbe motion, defendant appealed.

Action in the district court for Clay county to recover $160.50 for goods sold and delivered.

Action in the district court for St. Louis county to recover $1,990 for personal injuries. The answer admitted a slight injury to plaintiff on or about August 17, 1909, while alighting from defendant’s car at Fond du Lac, but alleged that it was caused solely through plaintiff’s negligence. The reply was a general denial. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for $200.

After the former appeal, the case was tried before Bunn, J., and a jury which returned a verdict in favor of plaintiff for $5,000. The jury also answered the special question submitted to it: “Did the engine stop between Minnehaha street and Reaney street, on the occasion of the accident?” in the affirmative. From an order denying defendants’ motions for a new trial, they appealed.

Action in the district court for Hennepin county to recover $393.21, balance alleged to be due upon two promissory notes. The answer alleged an agreement under which defendant sold farm implements for plaintiff, that plaintiff fraudulently represented that the notes were accounts of goods sold to defendant, and he had no opportunity to read the notes before signing them and there was no consideration for them. The reply was a general denial.

Action begun in the municipal court of Bemidji to recover $36.25 under an agreement for extra wages in defendant’s saw mill during the season of 1910. There was a verdict in favor of plaintiff for $36.25. From judgment entered pursuant to the verdict, defendant appealed to the district court for Beltrami county where the case was tried before Stanton, J., and a jury which returned a verdict for the amount demanded.

Action in the district court for Blue Earth county to set aside a judgment against plaintiff for the sum of $512.17, obtained in that court by defendant and another; to cancel the writ of execution by virtue thereof; to annul the sale and levy made pursuant to the execution; to cancel the sheriff’s certificate of sale issued pursuant thereto and to cancel any record of the certificate which may have been made in the office of the register of deeds.

Action in the district court for Bamsey county to recover $5,000 for personal injuries.

Action by the executor of the last will of James Nash, deceased, in the district court for Otter Tail county to recover $173, commission for making a sale of certain real estate. After the former appeal reported in 114 Minn. 42, 129 ÜST. W. 1048, the case was tried before Nye, J., and a jury which returned a verdict in favor of plaintiff for $203.90. From an order denying defendant’s alternative motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Action transferred to the district court for Mille Lacs county to recover $435 damages for breach of contract to buy five carloads of potatoes. The answer denied the making of the contract, and alleged that defendant received and fully paid for all potatoes at any time bought. The ease was tried before Taylor, J., who, at the close of the evidence, denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $175.

Action in the district court for Lake county against fifty-six defendants to determine adverse claims to some forty descriptions of vacant and unoccupied land. Judgment was entered by default in April, 1908. In October, 1910, plaintiff began proceedings to register title to one of the tracts described and served a summons upon defendant corporation.

Action in the district court for Hennepin county to recover $682, upon four causes of action, for breach of contract in the transportation of merchandise.

Action in the district court for St. Louis county to recover $418, balance due under an agreement to cut and deliver logs. The answer admitted the cutting of the logs and delivery to defendant, and that plaintiff had been paid therefor the sum of $3,647.12, and it was mutually agreed between them that defendant should pay plaintiff that sum in full satisfaction of plaintiff’s claim. The reply denied this allegation.

Action in the district court for Nicollet county to establish the boundary line between certain premises. The case was tried before Olsen, J., who made findings and as conclusions of law ordered judgment fixing and establishing the true location of the government quarter corner at the southeast corner of the northeast quarter of section 35, township 110, range 30. From an order denying plaintiff’s motion for a new trial, he 'appealed.

Action in the district court for Dodge county to recover $345 damages for the killing of one of plaintiff’s horses and the injury to another horse and other property by the negligent operation of defendant’s train. The answer admitted that as the team approached the crossing certain ears were moved thereon from the north, so that the progress of the team on reaching the track was impeded.

Action in the district court for Red Lake county to recover $70, balance alleged to be due upon an agreement of hiring. Besides the defense of full payment, the answer set up three counterclaims. The ease was tried before Watts, J., and a jury which returned a verdict in favor of plaintiff for $61.54. Prom the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Hennepin county to determine a deed from plaintiff to be a mortgage, and that plaintiff was the owner in fee of the premises described. The answer alleged that by reason of laches plaintiff had lost all right to the premises; that defendant was in the actual possession thereof and that plaintiff claimed some lien adverse to defendant.

Oases followed. Action in the district court for Morrison county by the administratrix of the estate of August Lindgren, deceased, to recover $5,000 for the death of her intestate.

Action in the municipal court of Minneapolis to recover $350 damages to a carload of sweet potatoes caused by alleged delay in transportation and delivery beyond a reasonable time.

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