Volume 119 — Minnesota Reports

Action in the district court for Dakota county to recover possession of certain land and $100 damages. The case was tried before Johnson, J., who made findings and conclusions 'of law as set forth in the opinion. From an order denying defendant’s motion for additional findings and for a new trial, she appealed.

Action in the district court for Hennepin county to recover $2,-000 for personal injuries. The answer alleged that any injury was caused by the negligence of plaintiff and that the instrumentality causing the injury was simple, and any and all things connected therewith were open and obvious to plaintiff, and to any person of ordinary intelligence, and that he understood and assumed the risks. The reply denied these allegations.

Action in the district court for St. Louis county to recover $29,313 upon a contractor’s bond. The complaint, among other matters, alleged the making of a building contract, and the giving of the bond with defendant as surety; that the contractor was duly adjudged a bankrupt in the Federal court; that defendant did not elect to and did not complete the contract.

Action in the district court for Lac qui Parle county to set aside an assessment and to enjoin the county auditor from filing a lien statement in the office of the register of deeds as a lien against plaintiff’s-land, and that, if the lien statement be so fthed before the determination of the action, that the lien and cloud created thereby be removed. Prom an order, Qvale, L, sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Action in the district court for Olay county to recover $2,000 upon a mortgage, together with an attorney’s fee, and for a sale of the mortgaged premises to pay plaintiff the amount claimed. The answer of defendants Hanson alleged that the premises were conveyed by them to one Poehler, that he assumed and agreed to pay the mortgage, and that he conveyed the property to defendants Year and Martin.

Actions in the district court for Hennepin county, one by Mrs. Benjamin to recover from the insurance company $200 advance instalment of rent due under her lease on March 8, 1911; and the •other by the Benzes against Mrs. Benjamin to recover the .advance instalment of rent due on June 8, 1911, which the insurance ■company had deposited with the clerk of that court.

From an order of the probate court for Ned Lake county allowing James Meehan’s claim for $10,450 against the estate of Patrick Meehan for services rendered, John P. Meehan and Michael Carpenter, as executors of the estate of Patrick Meehan, deceased, appealed to the district court for that county. The appeal was heard before Watts, J., and a jury which returned a verdict in favor of plaintiff for $8,200.

Action in the municipal court of Minneapolis to recover $414.79 damages to a carload of apples, caused by negligent delay in shipment.

Action in the district court for Dakota county to recover $492 upon a promissory note. The substance of the answer is stated in the-opinion. The case was tried before Johnson, J., who directed a verdict in favor of plaintiff for $521. Erom an order denying defendants’ motion for a new trial, they appealed.

Action in the district court for Otter Tail county to recover :$11,000 for personal injuries. The answer alleged negligence on •the part of plaintiff. The case was tried before Taylor, J., who, when plaintiff rested, denied defendant’s motion to dismiss the ac-tion, and a jury which returned a verdict in favor of plaintiff for $2,900. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Chisago county to recover upon two promissory notes. The case was tried before Stolberg, J., who made findings as set forth in the opinion and as conclusion of law ordered judgment in favor of plaintiff for $3,190 and interest. From an order denying their motions for a new trial, defendants Anderson, Johnson and Hansen appealed.

Action in the district court for St. Louis county to recover $2,000 for personal injuries. The substance of the pleadings will be found in the third and fourth paragraphs of the opinion. The case was tried before Hughes, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. 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 •'$383.22 damages for alleged negligence of the officers of defendant ■corporation in failing to take a bond as provided by section 4535, B. L. 1905. The case was tried before Dickinson, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff for the amount demanded. From the judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Ramsey county to recover $20,000? for personal injuries. The case was tried before Dickson, J., who sustained defendant’s objection to the introduction of any testimony ■on the ground the complaint did not state a cause of action and ■granted defendant’s motion to dismiss the case. From the order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $837 switching charges collected from plaintiff. The substance of the complaint and answer will be found in the opinion. The case was tried before Holt, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff for one dollar. Erom an order denying plaintiff’s motion to amend the findings and conclusions of law and from an order denying its motion for a new trial, it appealed.

Action in the district court for Bamsey county by the administratrix of the estate of William H. Webster, deceased, to recover $5,000 for the death of her intestate. The case was tried beforeHallam, J., and a jury which returned a verdict in favor of plaintiff for $5,000. 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 Koochiching county by the International Lumber Company and the Koochiching Company to enjoin the American Suburbs Company and the American Tramways Company, and others, from in any manner interfering with the soil of plaintiffs’ lands and particularly that on Fourth street, and the extension thereof, in International Falls, and from laying rails on the land and highway.

Action in the district court for Waseca county to recover $200 for breach of contract and $200 for loss of time and money expended. The substance of the answer will be found in the opinion, on page 90. The case was tried before Childress, J., and a jury which returned a verdict in favor of plaintiff for $200. From an order granting defendant’s motion for judgment notwithstanding the verdict and denying his motion for a new trial, plaintiff appealed.

Application, by the sole surviving trustee under the last will of John L. Dodge, deceased, to the district court for St. Louis county, to register title to land under the Torrens law. Louis Polinslcy, one of the defendants brought into the proceedings in accordance with the report of the examiner, fthed his answer, and demanded a trial by jury. He also moved that the proceeding be dismissed upon the grounds enumerated in the first paragraph of the opinion.

Defendant was indicted by the grand jury of Hennepin county and convicted of the crime of perjury in the district court for that county. From a judgment, Booth J., sentencing him to hard labor in the state prison until discharged by due course of law or by competent authority, defendant appealed.

Action in the district court for Ramsey county to recover $2,000 upon a certificate of life insurance. The substance of the pleadings will be found in the second paragraph of the opinion. The case was tried before Brill, J., who, when plaintiff rested, dismissed the case. From an order denying plaintiff’s motion for a new trial, be appealed.

Appeal to the district court for Pine county by Independent School District No. 2 from an order of the board of county commissioners granting the petition of A. B. Irons and others for the formation of a new school district to be known as Common School District No. 93.

Action in the district court for St. Louis county against Drake & Stratton Company and Yern Lovdahl to recover $40,000 for personal injuries. The complaint alleged that defendant company was negligent in maintaining its tail track in the condition stated, and botli defendants were negligent in operating the train at an unsafe rate of speed, and in excess of the usual speed, at the point where the accident occurred.

Writ of certiorari to review the order of the district court for Kandiyohi county, Powers, J., confirming the report of assessors appointed to assess damages and benefits caused by raising the waters of Foot lake to a uniform beigbt.

E. E. Krassin, a taxpayer, appealed to the- district court for Waseca county from the decision of the city council of Waseca, acting as a canvassing board, that at the city election in April, 1912, the vote was in favor of granting retail licenses for the sale of intoxicating liquor. The appeal was heard by Quinn, J., acting for the judge of the Fifth judicial district, who made findings of fact and reversed the decision of the canvassing board.

Action in the district court for Ramsey county for an absolute divorce and suitable support for plaintiff and the minor children. The-case was tried before Dickson, J., who made findings and conclusions of law as stated in the opinion. From the judgment entered pursuant to the findings, defendant appealed. Affirmed, without prejudice to the right of defendant, if so advised, to apply to the trial court for a modification thereof as to the lien on his personal property.

Action in the district court for Itasca county against W. C. Lacroix, as president, and others as members, of the village council of Deer Eiver, and others, for a permanent injunction to restrain defendants, their officers and agents, from interfering with plaintiffs in the conduct of their business of operating a motion picture theater, or from destroying their business.

On the relation of John A. Nor din, a qualified voter of the city of Minneapolis, the district court for Hennepin county issued its alternative writ of mandamus directing respondent, as county auditor, to accept and fthe petitioner’s affidavit of candidacy for the office of member of the legislature for the Forty-second legislative district, and that petitioner’s name be placed upon the ballot at the primary election as candidate for such office without designation of class,…

George E. Cashman obtained from-the court an order directing Julius A. Schmahl, as secretary of state, to receive and fthe relator’s affidavit, and upon payment of the proper fee to cause relator’s name to be placed upon the ballots to be used at the primary election on September 17, 1912, as a.i candidate for nomination as a Democrat for the office of representative in the legislature from the Fifty-third legislative district, Class 1 thereof, or show cause why he had not…

P. D. Winship obtained from the court an order directing Julius A. Schmahl, as secretary of state, to receive and fthe relator’s affidavit, and upon payment of the proper fee to cause relator’s name to be placed upon the ballots to be used at the primary election on September 17, 1912, as a candidate for nomination as a Democrat for the office of representative in the legislature from the Fifty-third legislative district, Class 2 thereof, or show cause why he had not done so.

Action in the district court for Scott county to compel the removal of a fence from a certain street and enjoin defendant ana persons claiming under her from doing any act to interfere with the rights of the public therein. From an order, Morrison, J., overruling defendant’s demurrer to the complaint, she appealed.

Election contest in the district court for Hice county. The history of the contest in that court is narrated in the opinion. The court, Childress, J., made findings of fact and as conclusion of law found that the contestee, O. N. Calef, was not lawfully elected alderman of the Third ward of the City of Northfield, and ordered judgment accordingly. From that order, the contestee appealed.

Action in the district court for Marshall county against defendant Malberg and the sureties upon bis official bond to recover $3,500 upon the bond. From an order, G-rindeland, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Action in the municipal court of St. Paul to recover $400 damages for -wrongful eviction from defendant’s street car.

Upon petition of Herbert Johnson, this court issued its order directing Julius A. Schmahl, as secretary of state, to place the name of O. W. Brandborg upon the ballot for the ensuing election as candidate of the Socialist Labor party for the office of Governor, or show cause why he had not done so. The facts are stated in the opinion.

Action in the district court for Mower county against defendant railway company, Joseph Opie and D. S. Barr to recover $7,000 damages for loss of a church building by fire alleged to have been caused by sparks from defendant company’s locomotive. The separate answers of defendant company and defendant Barr denied knowledge as to whether the building was destroyed or damaged by fire. The replies were general denials.

Erom that part of the decree of the probate court for Heuuepiu county assigning to Mary Eairley certain property belonging to the estate of Josephine Scbtneidel, deceased, Joseph H. Empenger, as executor of the estate, appealed to the district court for that county.

Action in the district court for Eamsey county to recover $20,100 for personal injuries received through false representations. From an order, Olin B. Lewis, J., overruling his demurrer to the complaint, defendant John Till appealed.

Action in the district court for St. Louis county to quiet title to ■certain real property. From an order, Dancer, J., sustaining plaintiffs’ demurrer to a portion of the answer of'William Sutton and from .an order striking out a portion of his answer, he appealed.

Action in the district court for Hennepin county to recover $86.35. The substance of the pleadings is stated in the opinion. The case was tried upon stipulated facts before Holt, J., who made findings as set forth in the opinion. Erom the judgment entered pursuant to the findings, defendant appealed.

Action to recover $10,090 for personal injuries, tried in the district court for Kamsey county. The facts are stated in the opinion. The complaint alleged that plaintiff’s injuries were directly caused by the negligence of defendants in permitting the feed water pipó to be and remain improperly and insecurely attached to the bother.

Action in the district court for Morrison county to determine adverse claims to certain real estate. The case was tried before Taylor, J., who made findings of fact and ’conclusions of law as stated in the opinion. From an order denying his motion for judgment in his favor notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Cottonwood county against the C. E. Stevens Land Company and the Title Guaranty & Trust Company, to recover $3,264.79 upon a bond. The facts are stated in the opinion.

Action in the district court for Le Sueur county to recover possession of a certain strip of land and $100 damages for its retention.

Action in the district court for Hennepin county to recover $615.55 and to foreclose two mechanic’s-liens for that amount upon a certain city lot. The answer admitted the filing of the lien statements, alleged that plaintiff fathed to fulfil his contract in accordance with the plans and specifications, wasted and appropriated materials of the value of $250, and prayed for judgment for $750.

Upon petition of William H. Mason the district court for Ramsey county issued its alternative writ of mandamus, directed to the Consumers Power Company, commanding it to connect relator’s dwelling house with its service wires constructed in the vicinity of the house; that such connection be made through the alley in block 10 of Macalester Park, or by such other authorized route as respondent might select, and that respondent furnish and supply to relator electric current…

Action in the district court for St. Louis county to recover $900 damages to plaintiff’s land alleged to have been caused through defendant’s negligent operation of its dam. The answer denied the allegations of the complaint and set up that the action was barred by-a former judgment in a similar action between the same parties. The facts are stated in the opinion. The case was tried before Dancer, J., and a jury which returned a verdict in favor of plaintiff for $500.

Three actions in the district court for Brown county, one to recover possession of a sorrel mare or $200, her value, one to recover possession of a gray mare or $175, her value, and one to recover possession of a bay mare or $175, her value, in case of nondelivery, and $50 in each action for the detention.

Action in the district court for Itasca county to recover $10,000 fo.r the destruction of timber, lumber, cord wood, mining timber, poles and posts. The answer alleged that if plaintiff suffered any damage by reason of any fire, the same was caused or contributed to by his negligence. The case was tried before Stanton, J., and a jury which returned a verdict in favor of plaintiff for $800. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Eamsey county against defendant company and Walter Smith by the special administrator of the estate of Daniel H. Smthey, deceased, to recover $7,500 for the death of his intestate. The replies denied that the collision was caused by the negligence of the intestate. The case was tried before Brill, J., and a jury which returned a verdict in favor of the special administrator for $3,750.

Action in. the district court for Morrison county to set aside and vacate as to plaintiff’s lands a certain tabular statement, list or assessment for a certain ditcb, and to discharge the lands from the apparent lien and cloud on the title. The substance of the answer will be found in the second paragraph of the opinion. The case was tried before Nye, J., who made findings of fact and as conclusion of law ordered judgment dismissing the action.

Action in the district court for the county of Waseca by the trustee in bankruptcy of Frederick F. Kanne against Frederick F. Kanne, Augusta M. Kanne, his wife, Tobias Broadbent and Martha A. Broadbent, to decree that the contract mentioned in the opinion be adjudged null and void, that the property specified in the contract be subject to sale to pay the debts of the bankrupt, and for other and further relief as to the court should seem meet.

Action in the district court for Carlton county to recover $1,999 for personal injuries.

Action by John Vills, as the father and natural guardian of John W. Vills, his 'infant son of six years, in the district court for the county of Carlton, to recover $25,000 for the benefit of the son.

Action in the district court for Ramsey county to recover $21,000' for personal injuries. The answer alleged that, prior to the accident,, plaintiff requested defendant to permit him to ride in defendant’s automobthe for the pleasure and convenience of plaintiff, and at the-time of the accident plaintiff was so riding voluntarily for his own satisfaction and convenience and at his own risk, and denied that the-accident occurred through any fault or negligence of defendant.

Action in the district court for Waseca county to recover $145.75, the balance due upon the price of a corn husker, and freight thereon from the factory to Waseca.

Action in the district court for Waseca county to recover $113.50 upon six causes of action for work and labor performed by plaintiff and his assignors. The facts are stated in the opinion.

Action in the district court for Waseca county to set aside a certain deed from Michael McGonagle, deceased, to defendant Elizabeth Donovan and for an accounting of rents and profits.

Action in the district court for Mille Lacs county upon twenty-three causes of action to recover $46,525 for breach of contract to furnish refrigerator cars for the shipment of potatoes at the several stations mentioned in the complaint.

After the order in the district court for Ramsey county denying a new trial of the action, defendant appealed from that order to this court but gave no supersedeas bond. Thereafter judgment was entered in the district court, and an execution was issued against him and returned unsatisfied, he having departed from the state.

Action in the district court for Hennepin county to recover possession of certain premises and $300 for unlawful detention thereof.

Defendant was indicted by the grand jury of Aitkin county of the crime of assault in the first degree and pleaded not guilty. He was tried in the district court before McOlenahan, J., and a jury which returned a verdict of guilty of assault in the second degree, and was sentenced to hard labor in the state prison. Erom the judgment rendered and from an order denying his motion for a new trial, defendant appealed.

The probate court for Goodhue county discharged and denied the petition of Carrie Stromberg for an order directing Louis 0. Stromberg, as administrator of the estate of her deceased husband, to turn over to her such sums as she was entitled to under law as widow of deceased.

Action in the district court for Eamsey county to recover $650 damages for obstructing a street and cutting off access to plaintiff’s house. The facts are stated in the opinion.

In proceedings under Sp. Laws 1889, p. 567, c. 30, § 4, to assess-the special benefit from the purchase of certain lands in the city of Minneapolis for park purposes, the park assessors fthed their report in the district court for Hennepin county and application was made to the court for the confirmation of the same. James EVerington, and other landowners whose property was assessed, objected to the confirmation, of the assessment.

<p>Res judicata ■—estoppel of plaintiff’s grantor.</p> <p>In this action of partition, the issue was as to whether or not plaintiff had any title to an undivided one-third interest in the land. It is held:</p> <p>1. That a judgment in a former action between plaintiff’s grantor and others, as plaintiffs, and certain of the defendants in this case as defendants, estopped plaintiff’s grantor and those in privity with him from asserting title to the interest claimed by plaintiff in the case at bar.</p> <p>2. An unrecorded quitclaim deed from plaintiff’s grantor to plaintiff, construed together with a contract entered into between them at the same time, constituted plaintiff the agent or attorney of the grantor to conduct litigation, sell the property described in the deed, and divide the proceeds, and did not make plaintiff a bona fide purchaser or give him a title that can prevail as against the subsequent estoppel of his grantor by the judgment and decision in the former suit.</p>

Action in the district court for St. Louis county by the administratrix of the estate of William J. Nelson, deceased, to recover $5,000 for the death of her intestate. The answer admitted that on or about December 23, 1910, deceased was fatally injured by being struck by one of defendant’s trains whthe upon or near Fifty-seventh avenue west in the city of Duluth; and alleged that the injuries of deceased were caused by his own negligence.

Action in the district court for Dodge county to recover $1,000 for libel. From an order, Childress, J., overruling their demurrers to the complaint, defendants appealed.

Action in the district court for Meeker county to recover $15,000 for personal injuries. In its answer defendant alleged that plaintiffs injuries were caused by her own negligence in not exercising care to ascertain whether trains were approaching. The reply was a denial of that allegation. The case was tried before Powers, J., who. denied defendant’s motion for a directed verdict and a jury which returned a verdict in favor of plaintiff for $1,500.

Action in the district court for Hennepin county to determine that .defendant Weum hold the title to certain land in Polk county in trust for defendant Hoidal, and to permit plaintiff to issue a writ of attachment against the land until the final determination of two •other actions by plaintiff against defendant Hoidal. Erom an order, Dickinson, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Action in the district court for St. Louis county to recover $25,-'250 for personal injuries. Prom an order, Ensign, J., overruling ■defendant’s demurrer to the complaint, it appealed.

Upon the petition of John F. Kelly, the district court for Washington county issued its writ of habeas corpus directing Henry Wolf-er, as warden of the Minnesota state prison, to have the body of Paul C. Kelly before the court. The substance of the petition for the writ is stated in the opinion. After hearing, the court, Stolberg, J., made findings and as conclusion of law quashed the writ and remanded Paul C. Kelly to the custody of respondent.

Action in the district court for Hennepin county to recover $3,380 for breach of contract.

Action in the district court for Eice county for an injunction restraining defendant from in any way interfering with the free use of a certain highway. The case was tried before Childress, J., who submitted to a jury the question whether there was a road at the locus in quo, made findings, and as conclusion of law ordered judgment in favor of plaintiff, making permanent the temporary injunction theretofore issued.

In proceedings in the district court for Martin county to assess the benefits arising from the construction of Judicial Ditch No. 14, L. A. Dodge and A. E. Jones demanded a jury trial to assess the benefits resulting to their land. The appeal was heard before Quinn, J., and a jury which assessed the benefits in the sum of $2,135, the exact amount fixed by the viewers in the proceedings. Erom an order denying their motion for a new trial, they appealed.

Action in the district court for Yellow Medicine county to recover $2,500 for personal injuries. The answer alleged that the injury was caused solely by plaintiff’s own negligence. The case was tried before Powers, J., who granted defendant’s motion to direct a verdict in its favor. Erom an order setting aside the verdict and granting a new trial, defendant appealed.

Action in the district court for Clay county to recover $300 upon •a promissory note. Defense of defendants Bayer and Beck is stated in the opinion. The case was tried before Nye, J., who directed a verdict against defendants Hanson and denied a motion to direct a verdict against defendants Bayer and Beck, and a jury who returned .a verdict in their favor. From an order denying plaintiff’s motion for a new trial, he appealed.

• The district court for Ramsey county issued its alternative writ of mandamus requiring George T. Redington, as city clerk of the city of St. Paul, to issue to petitioners a license in the usual form, authorizing them to use their building as a theater for the conduct of a moving picture show, or show cause why he had not done so.

Upon the petition of E. W. McGill, the district court for Hennepin county issued its alternative writ of mandamus directing O. A. Cook, as clerk of ITiawatha Camp, No. 1931,' Modern Woodmen of America, to draw up and sign a written order of that camp in favor of relator McGill for the sum of $285, and directing Arthur E. Cook, as consul of that camp, to sign the order as such consul, or show cause why they had not done so.

Action in the district court for St. Louis county to recover $12.82 and to foreclose a mechanic’s lien for that amount upon certain premises.

Action in the district court for Ramsey county to recover $5,000 upon a policy of fire insurance. The case was tried before Dickson, J., wbo, at the close of the testimony, denied defendant’s motion for a directed verdict and directed a verdict in favor of plaintiffs for $5,142.50. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $200 upon a promissory note. Erom an order, Montgomery, L, overruling defendant’s demurrer to the complaint, he appealed.

Action, in the district court for Nobles county to recover $4,500 damages for fraudulent representations in the exchange of farms. The facts are stated in the opinion. The answer alleged that, before the exchange was made, plaintiff went to defendant’s land and •carefully examined it and the buildings thereon. The reply was a •denial of the new matter set up in the answer.

Action in the district court for Hennepin county to recover $1,800 for fraudulent representations made in a sale of an electric automobthe. The case was tried before Dickinson, J., who denied defendants’ motions for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $339.25. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action in the district court for Yellow Medicine county to recover $10,000 for an assault and injuries received by being thrown from a moving freight train.

From an order of the district court for Olmsted county, which denied his motion for a new trial and for an amendment of the findings, Snow, J., Edward W. Beneke appealed.

Action by the trustee in bankruptcy of the Washington County Co-operative Company to recover $400, the value of property belonging to the insolvent which defendants levied on and sold upon execution, the same constituting a preference in favor of defendants, an unlawful preference alleged to have been paid defendants. The case was tried before Dickson, J., and a jury which returned a verdict in favor of defendants.

Action in the district court for St. Louis county to recover $1,305 for the destruction of certain pulp-wood, fencing and standing timber. The case was tried before Cant, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $740. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted, unless plaintiff consented to a reduction of the verdict to $500.

Action in the district court for St. Louis county to recover $6,000. From an order, Dancer, J., overruling defendant’s demurrer to the complaint, he appealed.

Action in the district court for Swift county to recover $971.79, deficiency after foreclosure of a mortgage. The defense is stated in the opinion. The case was tried before Qvale, J., who directed a verdict in favor of plaintiff for $1,020.84. From an order granting defendants’ motion for a new trial, plaintiff appealed.

Action in the district court for Clay county to recover $15,350 for personal injuries.

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

Action in the district court for Bamsey county to enjoin defendant, from infringement of a certain patent; to have defendant account for profits made in the sale of disc drills in infringement of letters patent and plaintiff’s rights thereunder, and for $30,000 damages.

Action in the district court for Hubbard county to recover $1,296 for conversion of certain saw-logs.

Motion in the district court for Hennepin county to modify the judgment in an action for divorce, by reducing the amount of alimony to be paid to plaintiff. After the former appeal, reported in 116 Minn. 10, 132 N. W. 1129, the motion was heard by Hale, J., who made findings as set forth in the opinion. From an order denying the motion, defendant appealed.

Application to the district court for Crow Wing county to register title to certain land. The facts are stated in the opinion. From an order, McClenahan, J., discharging the order to show canse and denying the application of William H. McGrath, James E. McGrath and Eobert W. McGarry, for leave to answer and defend in that proceeding, and from the rulings, decisions and orders adverse to them, they appealed.

Action in the district court for Nobles county to recover $10,000 for personal injuries. The case was tried before Nelson, J., and a jury which returned a verdict in favor of plaintiff for $300. From the judgment entered pursuant to an order granting defendants’ motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in the district court for Big Stone county to recover $303.08 for breach of an alleged agreement to accept a .sight draft. The answer denied the allegations of the complaint and prayed that the action be dismissed. The case was tried before Elaherty, J., who granted plaintiff’s motion to direct a verdict in its favor for $366. From an order denying defendant’s motion for a new trial, lie appealed.

Two actions in the district court for Steele county, one to recover $217.55 and the other to recover $150., upon two promissory notes.

Action in the district court for Wright county to recover $5,000 for personal injuries. The case was tried before Giddings, J., and a jury which returned a verdict in favor of plaintiff for $2,450. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Defendant was convicted in justice court of the offense of obstructing a certain highway by building and maintaining a fence therein. From the judgment sentencing him to a fine of five dollars and costs amounting to $50.57, and in default of payment to stand committed to the county jail, he appealed to the district court for Good-hue county upon questions of law alone. The appeal was heard by Hodgson, J., who affirmed the judgment of the justice.

Action in the district court for St. Louis county by Abraham Juntti, for the benefit of his minor son, to recover $5,000 for personal injuries. From an order, Dancer, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Rice county to recover $10,000 for personal injuries. Defendant’s motion for judgment on the pleadings was granted by Childress, J. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to recover $10 upon a check drawn upon defendant bank. From an order, Waite, J., overruling plaintiff’s demurrer to the answer, he appealed.

Respondents fthed a claim for $250 in the probate court for Ramsey county for services rendered as attorneys. The probate court allowed the claim in the sum of $50. Respondents appealed to the district court for that county, where the case was tried before Dickson, J., who made findings and conclusions of law as set forth in the opinion. From an order denying Albert P. Hendrickson, Jr.’s, motion for a new trial, he appealed.

To the will of Catherine Myler, propounded by William D. Kelly to the probate court for Ramsey county for allowance, Mary Mullaney, Maurice J. Dore, Johanna Grace and Mary Kennedy fthed objections. The will was allowed by the court and Mary Kennedy appealed to the district court for that county from the order admitting the will to probate. The appeal was heard by Hallam, J., who made findings and affirmed the order of the probate court.

The State Board of Law Examiners in its complaint charged 0. D. Bensel with wilful misconduct in his profession of attorney at law. The facts are stated in the opinion. The evidence tended to show that the paragraph referred to in the opinion was inserted in the complaints mentioned at the request of defendant’s client, who gave him the names of witnesses by whom she asserted she could prove the matters alleged.

Action in the municipal court of Minneapolis to recover $383.98, proceeds of a sale of a carload of sweet potatoes.

Action in the district court for Lyon county to determine the location of a certain boundary line.

The amended petition of George Harrison and 33 other contestants, qualified' voters residing in the Fortieth legislative district, to the district court for Hennepin county, alleged that on August 26, 1912, Charles S. Cairns duly fthed his. affidavit and paid the legal fee as a candidate for nomination of the Republican party in class No. 2 at the. ensuing primary election for representative from that district; that his name was placed upon the official ballot of the…

<p>Appeal from an order of the municipal court of Minneapolis denying plaintiff’s motion for judgment against the garnishee, Montgomery, J.</p>

After the former appeal, reported in 114 Minn. 293, 131 N. W. 330, the cause was remanded for a new trial.

Action in the district court for Hennepin county to recover $8,289.80 for personal injuries. From an order, Dickinson, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for St. Louis county to recover $1,000 for injuries sustained by plaintiff’s minor son. The complaint, with other allegations, contained the same averments as the complaint in the other action. Prom an order, Dancer, J., overruling defendant’s demurrer to the complaint, it appealed.