Volume 118 — Minnesota Reports

Action in the district court for Hennepin county to recover $2,200 for an alleged failure to fulfil the terms of a contract for repurchase of certain stock.

Defendant was indicted by the grand jury for the crime of rape and tried in the district court for the county of Pine before Stolberg, J., and a jury which rendered a verdict of guilty. Defendant’s motion for a new trial was denied. Prom the order denying the 'motion, defendant appealed.

Action in the district court for Todd county to compel defendants to convey to plaintiff certain real estate of which plaintiff was-the owner and deprived of the possession. The case was tried before Taylor, J., who made findings and conclusions of law as set forth-in the opinion. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Big Stone county against defendant as a common carrier. The answer denied negligence on the part of defendant. The case was tried (defendant not appearing) before Flaherty, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff for $800. Defendant moved to set aside the findings and order for judgment, and to vacate the judgment.

Action in the district court for Norman county to recover $5,000 for diversion of the waters of Wild Nice river whereby plaintiff’s mill could be operated only one-third of the time during the years 1908, 1909 and 1910. The case was tried before Grindeland, L, and a jury which returned a verdict in favor of plaintiff for $2,500. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Hennepin county to recover $15,000 for personal injuries. The answer alleged negligence on the part of plaintiff. The case was tried before Hale, J., and a jury which returned a verdict in favor of plaintiff for $6,000. 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 Le Sueur county to have a certain deed canceled; to have defendants execute to plaintiff a full warranty deed of the premises upon payment of the purchase price by plaintiff and to recover $1,200 damages for retaining- possession of the premises. With the exception of the execution of the contract, the allegations of the complaint were denied in the separate answers of Emily and Joseph Chromy.

Action, by the trustee of the estate of Herman Wiese, bankrupt, in the district court for Murray county to recover a payment of $5,503.50, made by the bankrupt as part of the purchase price of land under a certain contract. From an order, Nelson, J., overruling plaintiff’s demurrer to the second defense in the answer, he appealed.

Action in the district court for Ramsey county to determine the adverse claim of defendant to certain real property. The reply denied the defendants, its predecessors or grantors had been in the actual, open, notorious or exclusive possession of the property for more than fifteen years. 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 findings, plaintiff appealed.

Action in the district court for St. Louis county to recover $1,583.60, balance of the purchase price of certain electric drills. Prom an order, Cant, J., overruling plaintiff’s demurrer to the answer, it appealed.

Don Lynn Shattuck appealed to the district court for Hennepin county from an order of the probate court for that county allowing the will of Arthur O. Shattuck and appointing as executors the persons named in the will.

John J. Stickney was indicted by the grand jury of Hennepin county of the crime of enticing a person named to enter a house of prostitution. The defendant demurred to the indictment. The demurrer was overruled by Jelley, J., who, at the request of the defendant, certified to this court the questions of law enumerated in the opinion.

Action in the district court for Clay county to recover $1,900 for personal injuries. The answer alleged plaintiff’s injuries were caused solely by his own negligence. The reply was a general denial.The ease was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $1,000. From an order denying defendant’s alternative motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Plaintiff, having recovered a judgment against defendant in the district court for Hennepin county, garnished his wages. Defendant thereupon moved upon the pleadings and files and records in the action, and the files and records in a certain proceeding and discharge in bankruptcy, that plaintiff be forever enjoined from attempting to collect his judgment. The motion was heard by John Day Smith, J., who granted it. From the order granting the mo- tion, plaintiff appealed.

Defendant was indicted by the grand jury of Beltrami county for the crime of attempted arson in the third degree and was tried in the district court for that county by McClenahan, J., and a jury which rendered a verdict of guilty as charged in the indictment. At the request of the defendant, the court certified to this court the questions enumerated at the beginning of the opinion.

Defendant was indicted by the grand jury of Blue Earth county, charged with the crime of selling oleomargarine manufactured in imitation of butter of a shade or tint of yellow, contrary to the provisions of the statute in such case made and provided. The defendant pleaded not guilty, and was thereafter tried in the district court for that county before Pfau, L, and a jury which convicted him of the offense charged in the indictment.

Action in the district court for Ramsey county to recover $3,000 actual damages, and $10,000 punitive damages, for trespass and personal injuries.

Action in the district court for Hennepin county to recover $1,100 upon a bond. The condition' of the bond is quoted in the opinion. The substance of the answer is found in the opinion. The reply was a denial of new matter in the answer. The ease was tried before Dickinson, J., who made findings and ordered judgment in favor of defendants. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county by Albert L. Ordean, Margaret Sullivan, Alfred Jaques, Theodore J. Hudson, John G. Williams, Christiana Alstead, Alice E. Butchart, as administratrix and trustee under the last will of Ida Michaud, deceased, Frank Woodman, and Oliver Iron Mining Company against Henry J. Grannis and Charles J. Dickerman, to determine adverse claims to certain vacant and unoccupied real estate.

Defendant was charged in the municipal court of St. Paul with the offense of offering and exposing for sale a quantity of pork of less weight than represented. The complaint was tried on stipulated facts by Finehout, J., who found defendant guilty as charged. From the judgment and sentence, defendant appealed.

Action in the district court for Beltrami county to recover $800 for conversion of a stock of liquors and saloon fixtures. The ease was tried before Wright, J., and a jury which returned a verdict in favor of plaintiffs for $400. From an order overruling 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 $200 for services. The answer, on plaintiff’s motion, was stricken out as sham and frivolous, and' judgment ordered in favor of plaintiff for the amount demanded, Montgomery, J. Defendant’s motion that plaintiff show cause why he should not be allowed to file an amended answer was denied, C. L. Smith, J. From the judgment entered pursuant to the order, defendant appealed.

Action in the district court for St. Louis county to recover $330 upon an accident insurance policy. The case was tried before Ensign, J., and a jury which returned a verdict in favor of plaintiff for $335.72. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Hennepin county to recover $3,000 balance alleged to be due upon two promissory notes. The case was tried before Waite, J., who made findings of fact and conclusion of law as set forth in the opinion. From an order denying plaintiff’s motion for a new trial, it appealed.

Upon the petition of I. W. Smith, the district court for Polk county issued its writ of habeas corpus directed to the sheriff of that county. The sheriff made return that relator was detained in custody by virtue of the criminal warrant set out in the opinion. The relator demurred to the return of the sheriff.

After the former appeal, reported in 115 Minn. 378, 132 N. W. 290, the defendants amended their answer, setting tip the defenses stated in the opinion. The case was tried before Olsen, J., acting in place of the judge for the Sixth judicial district, and a jury which returned a verdict in favor of plaintiff for $6,920.14. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Writ of certiorari to review the judgment of the district court for Hennepin county, Waite I., convicting relator of contempt of court. The facts are stated in the opinion.

Action in the district court for Hennepin county to recover $2,000, procured through fraudulent representations, and a second cause of action for $135, balance alleged to be due for services rendered. The substance of the complaint is given in the opinion. The answer was a general denial.

Action in the district court for Hennepin county by the receiver of the Minnesota Title Insurance & Trust Company to adjudge that from and after March 2, 1906, defendants held title to certain real estate in trust for that company, until plaintiff became receiver thereof, and thereafter held title in trust for plaintiff; that plaintiff was the lawful owner thereof; to obtain restitution of the premises and for $10,000 damages, the value of the rents and profits thereof.

After the former appeal, reported in 114 Minn. 362, 131 N. W. 463, issues were framed, and the matter was tried before Cant, T., who denied defendant’s motion to direct a verdict in its favor, and then denied defendant’s motion to direct a verdict in favor of applicant for $350, together with the costs and disbursements, and then discharged the jury, and ordered the dismissal of the original action set aside and an entry of judgment for the amount due the applicant, to wit…

Action in the district court for Ramsey county to recover $2,000 for personal injuries. The answer admitted its existence as a municipal corporation but denied all the other allegations of the complaint. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict in favor of plaintiff for $500. From an order granting defendant’s motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to foreclose a mechanic’s lien for $92.87, and to determine plaintiff’s lien claim superior to the rights of defendant Parker, the owner, and paramount to any other lien on the premises, and that the premises be sold to satisfy the liens.

Annie Collins, as guardian of John J. Collins, insane, appealed to the district court for Ramsey county from an order of the probate court for that county admitting to probate the will of Sarah Collins, deceased.

Action in the district court for Hennepin county to recover $50,221 for personal injuries. The separate answers of defendant Curtis and the Tri-State Telephone & Telegraph Company admitted plaintiff’s injury while in the employ of defendant telephone company and that there was an X-ray picture taken of plaintiff, but alleged that it was taken by a competent physician and with plaintiff’s consent. The reply to the separate answer of the telephone company was a general denial.

In an action in the district court for Polk county to enjoin the construction of a certain judicial ditch plaintiffs moved for a temporary restraining order enjoining defendant county auditors from entering into any contract for the construction of the ditch pending the final determination of the case. Prom an order, Watts and Grindeland, JJ., denying the application for a temporary injunction, plaintiffs appealed.

Action in the district court for Ramsey county to recover $598.65 damages for loss of certain personal property received by defendant for shipment.

Action in the district court for Hennepin county to recover $748.80 for advertising claimed to have been furnished between October 17 and 22, 1910. The case was tried before Holt, J., who denied defendant’s motions to dismiss the action and a jury which returned a verdict in favor of plaintiff for $792.25. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Ramsey county to recover $21,250' for personal injuries.- The separate answers of defendants alleged contributory negligence on the part of plaintiff. The replies were general denials.

Action in the district court for Hennepin county to recover $5,421.50 for personal injuries. The substance of the allegations in reference to the negligence of the defendant is given in the opinion on page 247. The answer alleged contributory negligence on the part of plaintiff and that he knew and assumed the risks of the work. The reply was a general denial.

Action in the district court for Waseca county to recover $1,900 for personal injuries. The substance of the pleadings is given in the opinion. The case was tried before Buckham, J., and a jury which returned a verdict in favor of plaintiff for $50. Defendant’s motion for judgment notwithstanding the verdict was granted. From a judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Wright county to have a certain deed canceled, to have plaintiff declared to be the owner of a life estate in the premises, and of an undivided seven-ninths interest in fee simple, subject to a certain mortgage, and to require Anna S. Saarenpaa and Esther Augusta Hardy to account to plaintiff for the proceeds of the sale of personal property, and for the rents and profits of the land since Anna S. Saarenpaa received the same.

Action in the district court for St. Louis county to recover $20,000 for personal injuries. The substance of the complaint is stated in the opinion.

Action in the district court for Hennepin county to determine adverse claims to certain vacant and unoccupied real estate. The case was tried before Hale, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff, and found that defendant had no interest in or lien upon the premises. From that part of the judgment entered pursuant to the order which adjudged that defendant had no lien upon the premises, it appealed.

After the former appeal reported in 115 Minn. 491, 132 N. W. 992, the complaint was again amended, an answer to it was served, and a reply to the answer. From an order, Holt, J., striking from the files the third amended complaint, the answer thereto, and the reply, plaintiff appealed.

Action in the district court for St. Louis county to recover $1,253.60 for the conversion of a quantity of railway ties. The answer alleged that defendant was the owner of the ties mentioned in the complaint, denied that they were of the value of $1,253.60, and alleged that they were worth $997.68. The reply was a general denial.

Action in the district court for Blue Earth county to recover $4,500, the difference between the actual value of certain premises and $12,000, the value as represented by defendants; to recover $396, being the difference between the actual rental value of the premises as they were on December 24, 1905, and $83 per month, the rental value represented by defendant; and to recover $200 damages resulting from defendant’s permitting the premises to be left unoccupied, the…

Action in the district court for Ramsey county by the administrator of the estate of Orando Savino, deceased, to recover $5,000 for the death of his intestate. The substance of the pleadings is given on page 292, infra. The ease was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $2,000. Prom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Morrison county by the administratrix of the estate of F. E. Gourd, deceased, to vacate certain ditch proceedings, the order of the board of county commissioners establishing County Ditch No. 12, and to remove the cloud on plaintiffs title to certain real estate.

Action in the district court for Hennepin county to recover $10,000 for personal injuries. The answer alleged negligence on the part of plaintiff. The reply denied plaintiff’s negligence. The case was tried before Steele, J., and a jury which'returned a verdict in favor of defendant. From an order denying plaintiff’s, motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $2,000 upon a membership certificate in defendant. The case was tried before Holt, J., and a jury which returned a verdict in favor of plaintiff for $2,108.32. From'the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court of Hennepin county by the administrator of the estate of Ralph Young, deceased, to recover $5,000 for the death of his intestate. The case was tried before Steele, J., and a jury which returned a verdict in favor of plaintiff for $3,750-From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Judgment in an action in the municipal court of Minneapolis, begun in 1909, was entered upon default in June, 1911. In January, 1912, defendant moved for an order requiring plaintiff or his attorney to satisfy the judgment, or for an order perpetually enjoining further proceedings on such judgment, or for such relief as to the court might seem proper. The motion was denied.

lipón the petition of Olaf Th. Sherping the district court for Ramsey county granted its alternative writ of mandamus, directed to Julius A. Schmahl, as secretary of state for the state of Minnesota, commanding him to receive and record in his office on payment of the legal recording fee, a certificate of incorporation of the Park Region Ski Club or to show cause why he had not done so, and why a peremptory writ should not issue.

Action in the district court for Stearns county to recover $867 upon a promissory note. The replies to the separate answers were general denials. The case was tried before Taylor, 3., and a jury which rendered a verdict in favor of defendants. From an order denying plaintiffs motion for judgment notwithstanding the verdict or for a new trial, he appealed.

In proceedings in the district court for Dakota county to enforce-the collection of certain personal property taxes assessed for the year-1905, defendant filed its answer. The matter was tried before Johnson, J., who made findings and conclusions of law as set forth in the opinion. From the judgment in favor of plaintiff for $228.38 entered pursuant to the findings, defendant appealed.

Defendant was indicted by the grand jury of Beltrami county for the crime of permitting the vending of poison in his place of business without the supervision of a registered pharmacist or assistant, which resulted in the death of a human being. Defendant’s demurrer to the indictment was overruled by Stanton, J., who, at the request of defendant, certified to this court the questions enumerated in the opinion. The questions were answered in the affirmative.

After the former appeal, reported in 115 Minn. 536, 132 N. W. 326, the case was remanded with directions to amend the conclusions of law. The proceedings in the district court are narrated in the opinion.

After the former appeal, reported in 114 Minn. 303, 131 N. W. 324, the action was tried before Qvale, J., who made findings and ordered judgment in favor of plaintiff. From a judgment entered pursuant to the order, defendant appealed.

Two actions in the district court for Carver county against the-administrator of the estate of Frederick Greiner, deceased, one action by George G. Eitel and A. Y. Bayne to recover the sum of $750,. and the other by A. Y. Bayne and six others to recover the sum of' $1,250, In the former action the complaint alleged that all the parties-, to the written contract mentioned in the opinion, except decedent,, paid the several amounts apportioned to them in that contract; that,…

Action in the district court for Douglas county to recover $10,500 for personal injuries. The reply was a general denial. The case was tried before Nye, J., and a jury which returned a verdict in favor of plaintiff for $1,500. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Waseca county to recover $1,800 for injuries tó a trotting horse caused by defendant’s negligence.

In the municipal court of Minneapolis, defendant admitted he had wilfully, unlawfully and illegally stored, placed and kept at a-. certain place within the city a quantity of boxes, barrels and similar inflammable materials, without having obtained a special permit from the city council, contrary to the ordinance of the city, pleaded not guilty, and attacked the ordinance upon which he was arrested upon the ground that it was unreasonable and unconstitutional.

Action in the district court for Yellow Medicine county to recover $2,000 upon a benefit certificate.

Andrew N. Lodoen appealed to the district court for Marshall county from the decision of the canvassing board of the city of Warren declaring that license to sell intoxicating liquor was defeated at the annual election of 1912. The appeal was heard upon stipulated facts by Watts' and Grrindeland, JJ., who made findings and as conclusion of law affirmed the decision of the city council. From the judgment entered pursuant to the findings, A. N. Lodoen appealed.

Action in the district court for Fillmore county to recover possession of certain land, $1,200 for -unlawful retention thereof, and $300 for reasonable value of its use, rents and profits during the six years in which plaintiff .was deprived of its possession. The case was tried before Kingsley, J., who made the findings and conclusions set forth in. the opinion. From the judgment entered pursuant to the findings, plaintiff appealed.

Upon the relation of George T. Simpson, Attorney General, the district court for Ramsey County issued its writ of mandamus directing defendant to furnish transportation to the adjutant general, or show cause why it should not be furnished. The matter was heard by Kelly, L, who directed the writ be made peremptory. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Ramsey county to adjudge void the order of the insurance commissioner of New Hampshire mentioned in the opinion; that the association and its officers be enjoined and perpetually restrained from enforcing the order and that the association and its secretary be ordered by judgment of court to notify members of the Tenth division that the commissioner’s order is of no force or validity.

Action in the district court for Renville county against the administrator of the estate of Peter J. Haubricb, deceased, and the beirs at law of decedent, to enforce specific performance of a contract. The case was tried before Powers, J., who made findings and conclusion of law as set forth in the opinion. From the judgment in favor of defendants, entered pursuant to the findings, plaintiff appealed.

Action in the district court for Blue Earth county to recover $517.-55 for alleged fraudulent representations in exchange of real estate. Defendant demurred to the amended complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled and defendant’s answer was a general denial. The case was tried before Pfau; J., and a jury which returned a verdict in favor of plaintiff for $636.39.

Action in the district court for Hennepin county to determine adverse claims to a certain city lot. The answer alleged that Lucius A. Hughes was the sole owner and plaintiff had no right in or title to the lot. The reply alleged that the deed of Hughes was delivered with the name of the grantee left blank, was invalid and conveyed no title, and plaintiff had no notice of the deed until December, 1910.

Action iii the district court for Hennepin county to restrain defendants from interfering with the business of plaintiffs, or of either of them, and from enforcing the rule mentioned in the opinion. Defendants’ demurrer to the complaint was sustained, and the action dismissed, Waite, J. From the order sustaining the demurrer, plaintiffs appealed.

Action in the district court for Lake county to. recover $1,950 for personal injuries. The answer alleged negligence upon the part of plaintiff. The reply was a general denial. The case was tried before Cant, J., and a jury wbich returned a verdict in favor of plaintiff for $1,357.50. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action in the district court for Hennepin county to recover $990 for services rendered in an exchange of real estate. The reply was a general denial. The case was tried before Waite, J., and a jury which returned' a verdict in favor of plaintiff for $862. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Dakota county by the administratrix of the estate of John Kleis, deceased, to recover $5,000 upon an accident insurance policy. The answer denied that the death of Anna Maria Kleis was caused by the burning of a building while she was therein, or by any other cause or risk covered by such policy.

Action, in the district court for Hennepin county to. recover '$5,811.38 damages occasioned through interference with plaintiff’s contractor. As a counterclaim the answer alleged that prior to March 31, 1908, plaintiff failed to bank and deliver at Haupt 34,710 feet of white pine logs and 26,781 feet of spruce logs, standing, lying or being upon the premises on November 16, 1907, as he had promised to do, and that defendant thereby sustained damages in the sum of $100.

Actions in the district court for St. Louis county to recover $680.-07, and to obtain and foreclose a lien for the same upon certain logs. Plaintiffs attached certain ties, logs, etc. Defendant moved to vacate the attachments and set aside the returns on the ground that the purported levies and returns were unauthorized and void. The motions were denied, Cant, J. From the order denying defendant’s motion, it appealed.

After the former appeal reported in 116 Minn. 414, 133 N. W. 986, plaintiff moved for an order dismissing the action on the merits upon the ground that he had not complied with the conditions of the order requiring plaintiff to pay defendant money. The motion was granted and the clerk of court was directed to enter judgment of dismissal upon the merits, Olin B. Lewis, J. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Ramsey county by Charles Brunette, as the father of Guy J. Brunette, a minor, to recover $25,000 for injuries sustained by the son. The case was tried before Kelly,. J., who 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 Ramsey county by the widow of Charles F. Rodell, deceased, to recover $1,200 upon a benefit certificate.

Action in the district court for Hennepin county to recover $500 upon agreement to rescind a contract for the purchase of a motor truck The case was tried before Pfau, J., who, at the close of the testimony, denied separate motions to direct verdicts in favor of plaintiff and respondent, and a jury which returned a verdict in favor of plaintiff for $500. From an order vacating and setting aside the verdict and granting defendant a, new trial, plaintiff appealed.

. Action in the district court for Blue Earth county against H. M. Hitchcock, as guardian of the estate of Horton W. Nelson, an incompetent, and Horton W. Nelson, to have two deeds declared to constitute a mortgage; for an accounting of the rents and profits of the-premises during the possession of defendants; to permit plaintiff to-pay defendants, or into court for their use, such sum as shall be found’ due from him to defendant Nelson, and that thereupon a reconveyance of…

Action in the district court for Polk county to determine adverse claims to cértain real estate. The case was tried before Watts, J., who made findings and as conclusion of law found that plaintiff was the owner in fee simple of the land described in the complaint. From an order denying defendant city’s motion for a new trial, it appealed.

Action in the district court for Hennepin county by John G. Allen against Olaf Eneroth and Illinois Surety Company on their bond to secure the faithful performance of a building contract by defendant Eneroth and to indemnify Allen from any loss by reason of mechanics’ liens. After plaintiff’s death Cemelia Allen and A. E. Nel.son, as administrators of the estate of plaintiff, were substituted as plaintiffs.

Action in the district court for Waseca county by the guardian ad litem of Lillian Kanne to recover $75. From an order, Dickinson, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for Traverse county to recover $4,060 for personal injuries.

Action by twenty plaintiffs in the district court for Hennepin county to restrain defendant, its servants and agents from removing, disconnecting, tearing up or otherwise interfering with, or rendering-useless to plaintiffs certain sidetracks, sidings and switches connecting plaintiffs’ establishments with the main track upon the right off way of defendant’s Hastings & Dakota division, and from excavating; its right of way or depressing its tracks so that it could not…

Action in the district court for Ramsey county to foreclose a mechanic’s lien for $55.80. The answer of defendant Haslam admitted ownership of the property. The case was tried before Orr, J., who made findings and as conclusions of law ordered judgment in favor of plaintiff for the amount demanded with costs, including the sum of $10 double costs as provided by law. From the judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for St. Louis county to recover $15,000 for personal injuries. The substance of the complaint and the defense set up in the answer are stated in the second paragraph of the opinion. The reply was a general denial. The ease was tried before Dibell, J., who when plaintiff rested and again at the end of the trial refused defendant’s request to direct a verdict in its favor, and a jury which returned a verdict in favor of plaintiff for $1,9'75.

From an order of the probate court for Ramsey county denying a petition for the removal of Eugene A. Towle, as administrator of the estate of tíri L. Lamprey, the petitioning bank appealed to the district court of that county. The appeal was submitted to Kelly, J., upon the return on appeal and certain exhibits and documents specified in a stipulation between the parties. The court made no findings, but filed an order affirming the order of the probate court.

Action in the district court for Crow Wing county by the receiver of the-Farmers’ Co-operative Company to recover a balance of $80, claimed to be due-upon a subscription for one share of stock. The defense was a general denial,, save of plaintiff’s appointment as receiver. The case was tried before McClenahan, J., who directed a verdict in favor of plaintiff for the amount claimed. From,, the judgment entered pursuant to the verdict, defendant appealed.

Upon the petition of J. W. Smith, the district court for Polk county issued its writ of habeas corpus directed to the sheriff of that county. The sheriff made return that relator was detained in custody by virtue of a criminal warrant. The relator demurred to the return of the sheriff on the ground that the return did not state facts sufficient to constitute a public offense.

Upon the petition of L. R. Knebel, the district court for Polk county issued its writ of habeas corpus directed to the sheriff of that county. The sheriff made return that relator was detained in custody by virtue of a criminal warrant.

After the former appeal, reported in 115 Minn. 360, 132 N. W. 321, the case was remanded with directions to amend the conclusions of law in accordance with the opinion and enter judgment accordingly, and proceedings were taken in the district court similar to those mentioned in the opinion on page 340, supra.

Action in the district court for Hennepin county to recover $1,468.80 damages to goods caused by fire occasioned through defendant’s alleged negligence. The case was tried before John Day Smith, J., (there being no appearance for the defendant), who made findings and as conclusion of law ordered judgment in favor of plaintiff for the amount demanded. Prom an order vacating the judgment and giving defendant leave to answer, plaintiff appealed.

Action in the district court for Sibley county for absolute divorce on the ground of cruel and inhuman treatment. The case was tried before Morrison, J., who dismissed the action. From an order denying her motion for judgment in her favor notwithstanding the order for judgment of dismissal or for a new trial, plaintiff appealed.