Volume 117 — Minnesota Reports

Action in tbe district court by tbe sheriff of Polk county to recover $596.50, expenses incurred in transportation of eleven prisoners in obedience to writs of babeas corpus issued from tbe United States District Court for tbe district of Minnesota. Prom an order, Watts, J., sustaining defendant’s demurrer to tbe complaint, plaintiff appealed.

Action in the district court for Clay county to recover $1,500 for the alleged wrongful obstruction of Buffalo river by defendant’s embankment and for failing to place suitable culverts for the purpose of draining surface water from plaintiff’s land.

Action in the district court for Faribault county by tbe executor of the estate of Emeline Erskine, deceased, to recover a balance of $850 belonging to decedent on deposit in defendant bank at tbe time of her death.

Action in the district court for Koochiching county to restrain defendant from operating its lines of railway across Fourth street, in plaintiff city, and from constructing any further lines and from in any manner interfering with or obstructing any of the streets or alleys of the city. From an order, Stanton, J., denying plaintiff’s motion for a temporary injunction and vacating the temporary restraining order, plaintiff appealed.

Action in the district court for Steele county to quiet title to a certain strip of land against a certain unlawful claim of defendant city; to obtain a decree that the city had no right to retain its sidewalk thereon; that defendant Watowa, as county treasurer, be ordered to accept from plaintiff $24.24 in full satisfaction of a certain tax levy; that defendant Bosshard, as county auditor, be restrained from certifying to the clerk of court for Steele county the tax as…

Action in tbe district court for Steele county to recover $1,000 damages to plaintiff’s land caused by the construction of a ditch upon defendant’s land and the consequent overflow of surface water upon plaintiff’s land.

Action in the district court for Hennepin county to recover $1,400, ■damages for injuries to five horses while in defendant’s possession as carrier. The case was tried before Steele, J., and a jury which returned a verdict in favor of plaintiffs for $5Y5. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. One ground for the motion of defendant was misconduct on the part of the prevailing party on the trial of the action.

Action in the district court for Dakota county to recover $1,598 for personal injuries.

On information of the attorney general, in behalf of the state, this court issued its writ of quo warranto directing the county of St. Louis to appear and show by what warrant it assumed to exercise jurisdiction over the territory lying east of the boundary between the counties of St. Louis' and Lake, as fixed by the act of 1895 (c. 248).

Action in the district court for Roseau county to permanently enjoin the auditor of that county and the members of the county board from proceeding further in the matter of a certain bond issue and from signing, executing or delivering the bonds of the county. Prom an order, Grindeland, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Action in the municipal court of St. Paul to recover possession of certain rings or $445, the value thereof, and for $20.40 for the detention of the rings. The ease was tried before Hanft, J\, who made findings and as conclusions of law found that plaintiff was entitled to tbe rings or $445, their value. Prom an order denying defendant’s motion for a new trial, be appealed.

Action in the district court for Carlton county by plaintiff insurance company and Samuel B. Smith against Foley Brothers, Foley Brothers, Larson & Co. and Minneapolis, St. Paul & Sault Ste.

Action in the district court for Ramsey county to recover $6,200; to have a certain mortgage canceled and that defendant be restrained from assigning and disposing of the mortgage. The case was tried before Bunn, J.. who made findings and as conclusions of law ordered judgment in favor of plaintiff for $2,550. From an order Hallam, J., denying defendant’s motion for a new trial, it appealed.

Action in the district court for Waseca county by tbe administratrix of tbe estate of Neis Torkelson, deceased, to recover $5,000 for tbe death of her intestate. Tbe negligence complained of was that defendant and its servants failed to give any warning or signal of tbe approach of the train and engine by ringing tbe bell or sounding tbe whistle, and tbe train was running at an excessive speed. Tbe answer alleged want of care on tbe part of decedent.

Defendant was indicted and tried in the district court for Hennepin county for the crime of murder in the first degree. The jury found him guilty of the crime of murder in the second degree, and he was sentenced to hard labor in the state prison for his natural life. Erom an order, Hale, J., denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county by the receiver of the State Bank of St. Paul, to recover an assessment of $2,500 levied by that court upon the stock of defendant in the insolvent bank. The defense interposed is stated in the sixth paragraph of the opinion.

Action in the district court for Wright county to recover $3,122 for personal injuries. The case was tried before Hale, J., who, at the close of plaintiff’s testimony, denied defendant’s motion to dismiss the case, and, at the close of all the evidence, denied defendant’s motion to direct a verdict in its favor, and a jury which returned a verdict in favor of plaintiff for $605. Prom the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Washington county to recover $449.18, balance alleged to be due upon a promissory note. The case was tried before Stolberg, J., who, at the close of the testimony, directed a verdict in favor of plaintiff for $477.47. From an order denying the motion of the defendants other than T. F. MeCue for an order setting aside the verdict and for a new trial, they appealed.

Action in the municipal court of Minneapolis to recover $200 damages for injuries to a shipment of cattle caused by delay in transportation. The case was tried before C. L. Smith, J., and a jury which returned a verdict in favor of plaintiff for $120: Erom an order denying defendant’s motion for a new trial, it appealed.

Action in the municipal court of Minneapolis to recover $450.53 damages to a gasolene launch caused by its collision with a submerged post. The answer admitted the use of the launch for the purpose of delivering laundry to persons residing in the vicinity of Lake Minnetonka and alleged that if any injuries were incurred they were caused in whole or in part by the negligence of plaintiff, and that hé assumed the risks incident to the collision. The reply was a general denial.

Action in the district court for Pine county against Frank Booton and fifteen other defendants to recover $5,798.32 damages for the seizure and destruction of a quantity of intoxicating liquors and injury to plaintiff’s hotel business. The replies alleged that the complaint and warrant issued thereon did not state facts sufficient to show the commission of a public offense and did not afford any justification to defendants.

Action in the district court for Freeborn county to recover $2,000, damages to a threshing outfit struck by defendant’s train at a highway crossing. The case was tried before Kingsley, J., who, when defendant rested, denied its motion for a.directed verdict in its favor, and a jury which returned a verdict in favor of plaintiffs for $650'. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in tbe district court for Olmsted county to recover $7,531.-14, balance alleged to be due upon tbe purchase price of a quantity of coal. Tbe substance of tbe pleadings is stated in tbe opinion (page 118). Tbe case was tried before Snow, J., wbo made findings substantially as stated in tbe opinion 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 Hennepin county to recover $1,-470.50 upon an account stated. The answer interposed a counterclaim for $1,948.72. The reply was a general denial. The case was tried before Holt, J., and a jury which returned a verdict in favor of plaintiff for $1,552.89. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Action in the district court for St. Louis county against Greene Cananea Copper Company, the City Trust Company, the individual partners constituting the firm of Hamlin, Nickerson & Company, J. Thomas Reinhardt and Philip Tillinghast, as receiver of the First National Bank of Ironwood, Michigan, to determine that plaintiff was the sole owner of certain shares of stock in defendant mining company and of a certain certificate of stock, and to enjoin defendants Hamlin,…

Action in the district court for Waseca county to recover $5,000 for personal injuries. The answer alleged plaintiff’s contributory negligence. The reply was a general denial. The case was tried before Childress, J., and a jury which returned a verdict in favor of plaintiff for $1,500. From an order denying defendant’s motion for judgment in its favor notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Olmsted county by the trustee in bankruptcy of David W. Scott, bankrupt, to set aside a certain deed and subject the land described to payment of the bankrupt’s debts. The case was tried before Snow, J., who made findings and as conclusion of law found that defendants were entitled to a dismissal of the action on the merits. From the judgment entered pursuant to the order, plaintiff appealed.

Action in the district court for Ramsey county to recover $25,000 for personal injuries. The complaint, among other matters, quoted in full section 2054 of the Annotated Code of Iowa, 1897; Acts of 1909, c. 219; and section 2071 of the Supplement to the Code, 1907, as amended by Acts 1909, e. 124.

Action in the district court for Ramsey county to recover $30,150 for personal injuries. The ease was tried before Brill, J., who, at the close of the trial denied defendant’s motion for a directed verdict in its favor, and a jury which returned a verdict in favor of plaintiff for $4,582. From an order denying defendant’s motion for judg-. ment notwithstanding the verdict or for a new trial, it appealed.

Action in the district eonrt for Hennepin county by the administrator of the estate of Chester A. La Pray, deceased, to recover $5,100 for the death of his intestate. The answer of Lavoris Chemical Company alleged that deceased was killed by his own carelessness and not by any fault or neglect on its part.

TJpon petition of the Winona Motor Company, this court granted a writ of certiorari to review the action of the Minnesota Tax Commission in refusing to abate petitioner’s assessment of credits made pursuant to Laws 1911, c. 285.

Action in tbe district court for Hennepin county to recover $1,000 which defendant bad converted to its own use. Tbe answer was a general denial.

Action in the district court for Traverse county by the guardian ad litem of Dawson Sundell to recover $500 for personal injuries. From an order, Flaherty, J., overruling defendant’s demurrer to the complaint, it appealed.

Upon the petition of John R. Bullard, the district court for Waseca county issued its writ of habeas corpus directed to M. Mc-Donough, sheriff of that county. The matter was heard before the court commissioner of the county, who, at the close of the testimony, ordered the discharge of the prisoner, J. P. Wagner, from the custody of M. McDonough. Prom the order of discharge, respondent sheriff appealed.

Charles O. Baldwin and II. M. Levy, two of the three executors of the estate of Jacob D. Zien, deceased, petitioned the probate court for St. Louis county for its order determining what disposition they should make of the money in their rent fund, and that they be licensed to sell the lands belonging to the estate for the payment of debts, expenses and legacies. The substance of the will is stated in the opinion.

<p>Case certified from district court for Piue county. Defendant’s demurrer to an indictment against it was overruled, Stolberg, J.</p>

Hpon petition to the district court for Ramsey county by Henry A. Hildebrandt, the court granted its writ of mandamus directing Michael W. Fitzgerald, as registrar, of titles in and for Ramsey county, to show cause why he had not received, filed and registered the mortgage deed specified in the writ, as required by law. From the judgment entered upon the order sustaining relator’s demurrer to the answer, Olin B. Lewis, I., respondent appealed.

Action in the district court for Hubbard county by the administratrix of the estate of James M. Steele, deceased, to recover $5,000 for the death of her intestate. After the decision upon the former appeal, 110 Minn. 219, 124 N. W. 978, the case was tried before McClenahan, J., who at the close of the testimony granted defendant’s motion for a directed verdict in its favor. Prom an order denying plaintiff’s motion for a new trial, she appealed.

Action in the municipal court of Minneapolis to recover $100 paid as earnest money on an executory contract for the purchase and sale of certain real estate. The case was tried before Montgomery, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff for the sum demanded. From an order denying its motion to amend the conclusions of law and for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $255 damages for injuries to plaintiff’s wagon and horses, caused by collision with defendant’s automobile. In his answer defendant Black-man- alleged that the collision was due solely to plaintiff’s negligence, and interposed a counterclaim for $3,000 for injuries sustained. Erom an order overruling plaintiff’s demurrer to the counterclaim, he appealed.

After the former appeal of this case, reported infra, page, 522, the canse was remanded and judgment was entered in the district court affirming the order appealed from. From the judgment entered pursuant to the findings and order of Hallam, J., plaintiffs appealed.

Action in the district court for Hennepin county to cancel a certain written contract. Erom an order, Steele, J., overruling plaintiffs demurrer to the answer, he appealed.

In proceedings in the district court for Hennepin county for the dissolution of the Bibb Company, a corporation, William F. Olsen, a creditor, made a motion for an order setting aside an order appointing C. C. Wentworth trustee of said corporation, on the ground that the publication of notice in “Finance and Commerce” was insufficient to give the court jurisdiction over said Olsen, for the reason that “Finance and Commerce” was not a qualified newspaper as required by…

Action in tbe district court for Ramsey county against tbe Wisconsin Central Railway Company and tbe Minneapolis, St. Paul & Sault Ste. Marie Railway Company, to recover $15,921.74 upon two contracts for tbe use of a certain drawbridge and terminals. Tbe substance of tbe contracts is given in tbe opinion.

Action in the district court for Crow Wing county against James T. Joyce, John McAlpine and John C. Campbell to determine what consideration was paid for the real estate mentioned in the opinion by defendant Joyce; what, if any, right he or the other defendants had therein and to determine that plaintiff was the owner of an undivided one-third of the premises, that defendant Joyce held title to an undivided one-third interest in trust for plaintiff, and plaintiff was owner…

Action in the district court for Ramsey county by the administratrix of the estate of Ole O. Simonson, deceased, to recover $5,085 for the death of her intestate. The case was tried before Kelly, J., who denied defendant’s motion for an instructed verdict, and a jury which returned a verdict in favor of plaintiff for $2,500. Defendant’s motion to set aside the verdict and for judgment notwithstanding the verdict was granted.

Upon appeal to the district court for Cottonwood county from an order of the probate court of the county refusing to admit to probate a certain will of Eritz Bretzman, the matter was heard by L. S. Nelson, J., who submitted to a jury the question: Was the deceased induced or procured to sign the will by fraud, oppression or by tbe use of any undue influence? which they answered in tbe affirmative.

Action in tbe district court for Lac qui Parle county to recover $5,000 for false imprisonment. The case was tried before Qvale, J., and a jury which returned a verdict in favor of plaintiff for $500. Prom an order denying their motion for a new trial, defendants Ness and Halvorson took separate appeals. Reversed as to Halvorson.

Action, in the district court for Hennepin county to recover $25,000 for personal injuries. The case was tried before Holt, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, she appealed.

Action in the district court for Ramsey county to recover $1,038 from defendant Ritchie under a contract and to recover $500 from defendant George E. Lennon under the bond mentioned in the opinion.

Action in tbe district court for Clay county to recover $2,455.90 alleged to be due upon a judgment, mortgage note and mortgage. The case was tried before Taylor, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Big Stone county to recover $441.85 for money loaned. In Ms answer defendant admitted that he received certain sums of money from plaintiff, but alleged that the accounts between them had been fully settled and paid. The reply was a general denial. The case was tried before Flaherty, J., and a jury which returned a verdict in favor of plaintiff for $494.81. From an order denying defendant’s motion for a new trial, he appealed.

Plaintiff appealed to the district court for St. Lonis county from an award of damages, made in condemnation proceedings instituted by defendant company, for taking part of plaintiff’s farm. The appeal was tried before Ensign, J., and a jury which returned a verdict in favor of plaintiff for $4,999.99. From an order granting defendant’s motion for a new trial, plaintiff appealed.

Action in tbe district court for Clay county to recover $606.68 upon a promissory note. Tbe case was tried before Nye, J., and a jury wbicb returned a verdict in favor of defendants. From an order denying plaintiff’s alternative motion for judgment notwithstanding tbe verdict or for a new trial, it appealed.

Action in the district court for Bamsey county to recover $368.01, balance alleged to be due upon the purchase price of certain cut stone. The substance of the pleadings is given in the opinion (page 286). The case was tried before Dickson, J., and a jury which returned a verdict in favor of plaintiff for $355.37. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Petitioners for a public cartway appealed to tbe district court for Nicollet county from an order of tbe supervisors of tbe town of Courtland denying tlieir petition. Tbe appeal was tried before Olsen, J., and a jury wbicb returned a verdict in favor of Herman Mueller that tbe action of tbe supervisors refusing to lay out tbe cart-way in question be reversed and the cartway laid out as described in the petition.

Action in the district court for Cláy county to recover $1,000 for malicious prosecution.

After the former appeal reported in 114 Minn. 163, the action was'tried before Grindeland, J., and a jury which returned a verdict in favor of plaintiff for $12,500. From an order denying defendant’s motion for a new trial, defendant appealed.

After the former appeal, reported in 114 Minn. 247, 130 N. W. 1021, the action was tried before Watts, J., and a jury which rendered a verdict in favor of plaintiff for $1,100. Erom an order denying its motion for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court' for St. Louis county, Cant, J., granting a motion to strike from the files and records a pretended satisfaction of judgment and reinstating the judgment.

Upon relation of the city of St. Paul for a writ of mandamus to compel defendant to construct and maintain a certain street railway line, pursuant to a certain city ordinance requiring its construction, the district court for Ramsey county gTanted its alternative writ.

Upon information of A. Finlayson, an alternative writ of mandamus was issued by tbe district court for Polk county to compel James Gorman, as city clerk of the city of East Grand, Forks, and as secretary of tbe Water, Light, Power and Building Commission, to draw bis warrant upon tbe treasurer of tbe city of East Grand Forks in favor of A. Finlayson, assignee of G. A. E. Einlayson, for tbe sum of $225, and deliver tbe same to be countersigned by tbe president of tbe…

Upon petition of William Hogan, the district court for Polk county issued its writ of habeas corpus directed to P. J. Sullivan, as chief of police of the city of East Grand Forks.

The Allen Hotel Company appealed to the district court of Hennepin county from an order of the probate court for that county disallowing its claim against the estate of John G. Allen, deceased, for $9,450 rent. The appeal was tried before Booth, J., and a jury which returned a verdict in favor of defendant. From an order denying claimant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Benton county to recover $2,000 for assault and battery. The reply denied that plaintiff ever conducted himself in an offensive way towards defendant’s wife while he was working at her dwelling house or that he attempted an assault upon defendant. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $500. From an order denying defendant’s motion for a new trial, he appealed.

Action in tbe district court for St. Louis county by the administrator of tbe estate of Matti Karilainen, deceased, to recover $5,000 for tbe death of bis intestate. At tbe close of tbe testimony defendant moved for a directed verdict. Tbe court denied tbe motion. The case was tried before Cant, J., and a jury which returned a verdict in favor of defendant. Erom an order granting plaintiffs motion for a new trial, defendant appealed.

Action in the district court for Clay county to recover $60,000 damages for defendant’s negligence in running a locomotive or train of cars over and cutting a line of fire hose laid across its tracks, and thereby preventing the extinguishing of the fire mentioned in the opinion. The answer alleged that if any line of hose lying across defendant’s track was cut, it was not done through any negligence of defendant. The reply was a general denial.

Action in tbe district court for St. Louis county to recover $1,012.77 for conversion of a quantity of saw logs. Tbe answer was a general denial. Tbe case was tried before Dancer, J., who made findings as set forth in tbe opinion and as conclusion of law ordered judgment in favor of plaintiffs. From the judgment entered pursuant to tbe findings, defendant appealed.

Upon information of the city of Albert Lea the district court for Freeborn county issued its alternative writ of mandamus, directing the county of Freeborn and the members of the county board to appropriate the sum of $2,000 from the county road and bridge fund for the building of a certain bridge, dam and retaining works, and to issue to the city of Albert Lea warrants of the county in the sum of $2,000 therefor, or to show cause why a peremptory writ should not issue.

Appeal by defendant from a judgment of tbe district court for Otter Tail county, entered pursuant to the order of Baxter, J., after defendant’s motion to open the default judgment and to be allowed to defend had been denied, Nye, J.

Objectors to petition for the construction of a ditch appealed to the district court for Otter Tail county from the decision of the board of county commissioners granting the petition. The appeal was tried before Taylor, J., who made findings and as a conclusion of law dismissed the proceedings. From an order denying their motion for a new trial, petitioners appealed.

Action by the executors of the estate of John L. Dodge, deceased, in the district court for St. Louis county to recover possession of certain real estate. The case was tried before Dibell, J., and a jury which rendered a verdict in favor of plaintiffs in the form given in the second paragraph of the opinion. Plaintiffs moved for judgment notwithstanding the verdict or for a new trial. The court denied the motion for judgment but granted the motion for a new trial.

Action in the district court for St. Louis county to determine adverse claims.

Writ of certiorari to review an order of the district court for Hennepin county, Steele, J., directing relator, as county attorney, to furnish Michael McGuirk with a copy of evidence.

Erick T. Nelson appealed to the district court for Otter Tail county from the report of the canvassing board which declared that William H. McBride and Erick T. Nelson had each received 603 votes for the office of mayor of the city of Eergus Ealls at the preceding election,, and the vote being a tie, upon lots being cast, the lot went to McBride, who was declared duly elected.' The matter was heard by Nye, L, who made findings and ordered judgment in favor, of McBride.

Action in the district court for Stearns county to recover $2,500 commission alleged to be due in the sale of certain stock.

Action in the district court for Anoka county against Minnie L. Bricker, E. J, Bricker and Rudolph Babler to recover $4,500 damages for alleged fraudulent representations regarding the title to certain lands.

Action in the municipal court of St. Paul against the Illinois Central Railroad Company and the Minneapolis & St. Louis Railroad Company to recover $294.22, damages caused by the freezing of a carload of holly.

Action in the district court for Hennepin county to recover $575 upon a contract for the purchase of certain lots. The case was tried before Steele, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff. Erom the judgment entered pursuant to the findings, defendant appealed.

Defendant was indicted by the grand jury of Nicollet county of the crime of arson in the third degree. He was tried in the district court for that county before Olsen, J., and a jury which returned a verdict of “guilty.” From an order refusing to vacate the judgment sentencing him for one year and six months at hard labor in the state prison, defendant appealed.

Frank A. Bemis and Willie E. Bemis petitioned the probate court for Fillmore county to compel the executor of the estate of Levi Bemis, deceased, to file his account; that if correct such account be settled by the court; that a partial distribution be made in the sum of $10,000, or in such sum as the court should deem proper, to the heirs-at-law of decedent to the exclusion of the devisees and legatees mentioned in the will; and that the heirs-at-law and all persons…

Two actions in the district court for Ramsey county to recover a balance upon promissory notes. The answer admitted the execution of a promissory note, bnt alleged that the note was without consideration. By consent the cases were tried together before Brill, J. At the close of the testimony defendants’ motion to dismiss the cases was granted. From an order denying plaintiff’s motion for a new trial, he appealed.

Appeal by Southern Minnesota Investment & Loan Co. from the judgment of the district court for Martin county, entered pursuant to the order of Quinn, J., affirming an order of the probate court of that county, Goetz, J., and denying appellant’s application to open a default and permit it to file objections to the last will ánd testament of A¥illiam R. Livingston, deceased.

Action in the district court for Ramsey county to set aside the foreclosure of a mortgage by advertisement. The case was tried before Kelly, J., who made findings and as conclusions of law ordered judgment in favor of plaintiff that the foreclosure by advertisement and sale of the land be vacated. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Otter Tail county to determine adverse claims to certain real estate.

Eleven actions 1 in the district court for Polk county against the Canadian Northern [Railway Company to recover for damages to property caused by fire set by defendant’s locomotive. The substance of the pleadings will be found on pages 439, 440 and 442.

Action in the district court for Ramsey county against Great Northern Railway Company, Lake Superior Company, Limited, James J. Hill, Louis W. Hill and Robert I. Farrington, and James N. Hill, Louis W. Hill, Walter J. Hill and Edward T. Nichols, as trustees under an agreement of trust dated December 7, 1906, with Lake Superior Company, Limited.

As. attorney general of the state, George T. Simpson petitioned this court for a writ of quo warranto, directed to the city of Mankato, Charles T. Taylor, Ben Bangerter, Jr., Lawrence Henline, J. D. Hunniston and Kobert Lamm. The respondents made return that they were duly elected and qualified officers of respondent city,duly acting as such officers, and discharging the duties of their respective offices.

Action in the district court for Ramsey county to recover $100 actual damages and $100 exemplary damages, for wrongful ejection from a street car. The answer alleged that plaintiff boarded defendant’s car and did not pay any fare. The reply admitted that plaintiff did not pay her fare but alleged that at two different times plaintiff’s husband tendered sufficient fare to the conductor, who refused to take it.

Action in the district court for Ramsey county against Edward J. Schurmeier, Hubert O. Schurmeier, Emma A. Miller, and The United States Fidelity & Guaranty Company, to recover $9,876.19 upon an executors’ bond. From an order, Hallara, J., overruling their separate demurrers to the complaint, defendants appealed.

Action in tbe district court for Pamsey county to recover $2,000, damages caused by tbe grading of a street. From an order, Dickson, J., sustaining plaintiff’s demurrer to the fifth, sixth and seventh paragraphs of the answer, defendant appealed.

Action in tbe district court for Hennepin county for an absolute divorce; for tbe care and custody of tbe child, and for temporary and permanent alimony and expenses of action. Tbe answer- admitted the marriage and tbe existence of the child named, but denied tbe other allegations of tbe complaint.

Action in the district court for St. Louis county to determine adverse claims to certain vacant land.

Petition to the district court for Eamsey county for an injunction perpetually restraining defendants as state officers from paying out funds of the state in constructing a certain rural highway under the provisions of Laws 1911, c. 254. From an order, Olin B. Lewis, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Action in the district court for Kanabec county to recover $1,962 for negligent failure and refusal of defendant to furnish cars for shipment of potatoes. From an order, Stolberg, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Morrison county under E. L. 1905, § 912, to quiet title of plaintiff to certain lands, or if the title appear invalid, to ascertain the amount of taxes, penalties and costs adjudged a lien against the premises. The separate answer of defendant Gage alleged that several causes of action were improperly united.

Action in the district court for St. Louis county by the guardian ad litem of Emil Aho to recover $2,500 for personal injuries received by the minor while in defendant’s employ. The defense was contributory negligence on the part of plaintiff and that he voluntarily assumed the risk. The reply was a general denial. The case was tried before Ensign, J., and a jury which returned a verdict in favor of plaintiff for $950.

Action in tbe district court for Big Stone county to recover $1,875, balance alleged to be due upon tbe purchase price of a certain farm. Tbe reply was a general denial. Tbe case was tried before Johnson, J., acting for tbe judge of the Sixteenth judicial district, who made findings and as conclusion of law ordered judgment in favor of plaintiff for $2,349. From an order denying defendant’s motion for a new trial, it appealed.

Action by tbe administrator of the estate of Carl Upstrom, deceased, to recover $5,000 for the death of his intestate. The answer alleged that the accident was due to the negligence of deceased. The reply was a general denial. The case was tried before Hughes, J., and a jury which returned a verdict in favor of plaintiff for $1,000.

Action begun in justice court, where plaintiff recovered a verdict for $35. From the judgment defendant appealed on questions of law and fact to the district court for Marshall county. The case was tried before Grindeland, 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 Waseca county to recover $200 damages for injuries to a horse resulting in his death. Defendant Lovell answered alleging the injury was caused through plaintiff’s negligence. The case was tried before Childress, J., who dismissed the action as to the village of Janesville, and a jury which returned a verdict in favor of plaintiff for $175.

Action in the district court for Ramsey county to compel delivery of certain account books.

Action in the district' court for Carver county to set aside certain conveyances, assignments of mortgages and transfer of stock. From an order, Morrison, J., overruling Katherine Hoeffken’s demurrer to the complaint, she appealed.

Action in the district court for Hennepin county to recover $724 for conversion of household goods. The reply was a general denial. The case was tried before John Day Smith, J., who made findings and as conclusion of law ordered judgment in favor of defendant for $155. Plaintiff’s motion to dismiss the action was granted, and defendant appealed from the order of dismissal.

Action in the district court for St. Louis county to recover $2,325 fpr personal injuries. From an order, Dancer, J., overruling defendant’s demurrer to the complaint, he appealed.

Six actions begun in the district court for Roseau county, and transferred to Marshall county, to recover for damages to property caused by fire set by defendant’s locomotive. The answers were a general denial. The cases were tried before Grindeland, J., and a jury which returned a verdict in favor of plaintiff in each case. Prom an order denying its motion in each case for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $26,700 for personal injuries.

<p>Case followed.</p> <p>Action in the district court for Ramsey county to recover $1,500, damages caused by the grading of a street. Prom an order, Dickson, J., sustaining plaintiff’s demurrer to the fifth, sixth and seventh paragraphs of the answer, defendant appealed. Affirmed.</p>

<p>Case followed.</p> <p>Action in the district court for Ramsey county to recover $1,500, damages caused by the grading of a street. Wrom an order, Dickson, J., sustaining plaintiff’s demurrer to the fifth, sixth and seventh paragraphs of the answer, defendant appealed. Affirmed.</p>

<p>Case followed.</p> <p>Action in the district court for Ramsey county to recover $1,500, damages caused by the grading of a street. Prom an order, Dickson, J., sustaining plaintiffs demurrer to the fifth, sixth and seventh paragraphs of the answer, defendant appealed. Affirmed.</p>

Action in the district court for Hennepin county to recover $406.07; that the amount be adjudged to be a lien from and since June 18, 1909, against the premises superior and paramount to the claims of defendants therein and that the premises be sold to satisfy the lien. When plaintiff rested defendant moved that the action be dismissed. The motion was overruled.

Action in the district court for Koochiching county to determine adverse claims to certain real estate. The case was submitted upon the pleadings, and the admissions made by both parties in open court, to Stanton, J., who, disregarding the form of plaintiff’s motion for judgment on the pleadings and determining the action on the merits, made findings and as conclusion of law found that plaintiff was the owner of the premises, but did not add any order for judgment.

Appeal by plaintiff from an order of the district court for Benton county, Nye, J., vacating and setting aside the judgment theretofore ordered, upon defendant’s default, and reinstating the cause upon the calendar for trial.

Action in the district court for Ramsey county against Charles E. Glasspoole and the St. Paul Land Company to recover $11,400 commission alleged to be due upon a sale of land. From orders, Kelly, J., overruling their separate demurrers to the complaint, defendants appealed.

Action in the district court for Hennepin county for the specific performance of a contract for the exchange of real estate. The case came on for trial before Dickinson, J., and upon motion of defendant the action was dismissed on the ground the complaint did not state facts sufficient to constitute a cause of action. Prom the judgment entered pursuant to the order of dismissal, plaintiff appealed.

Action in the district court for Douglas county to recover $35,500 for personal injuries received while a passenger upon defendant’s train. From an order, Nye, J., vacating an order for judgment and a judgment entered thereon, defendant appealed.