Volume 120 — Minnesota Reports

Action in the district court for Clay county to have a certain contract declared void and to set aside certain assessments levied against, plaintiff’s property for a retaining wall and pavement. From an order, Taylor, J., sustaining defendants’ demurrer to the complaint,, plaintiff appealed.

Two actions in the district court for Hennepin county, one by Oavour S. Langdon, as guardian of Bertha Shaw Blakeley, an incompetent person, to recover $50,000 for personal injuries, and the other by Frank D. Blakeley, to recover $40,000 for personal injuries and $10,000 for the loss of the services and society of his wife.

Action in the district court for Hennepin county to compel defendant to assign to plaintiff an undivided ½ interest in the letters patent of the United States, No. 589,585, and in the pending application for letters patent in the U. S. No. 378,444, filed June 11, 1907; an undivided -J interest in said letters patent upon the same invention issued to defendant in Great Britain, Canada and Mexico; and to account for % of all profits and royalties obtained and received by him…

Action in the district court for Otter Tail county to recover $15,500 for personal injuries. The case was tried before Taylor, J., and a jury which returned a verdict in favor of plaintiff for $900. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Defendant was indicted by the grand jury of Stearns county of carnally knowing and abusing a female child under the age of sixteen years, and tried before the district court for that county, Taylor, J., and a jury which returned a verdict of guilty. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Lyon county by the administrator of the estate of Stephen Tegels, deceased, to recover $5,200 for the death of his intestate. The answer admitted that one of defendant’s locomotives struck Stephen Tegels with such force and violence that he died shortly after, and alleged that his death was due to his own negligence. The reply was a general denial.

Action in the dictrict court for Wright county against the Grand Lodge of the Ancient Order of United Workmen to recover $2,000 on defendant’s benefit certificate. The defense set up in the answer and the substance of the reply are to be found in the second paragraph of the opinion. The case was tried before Giddings, J., who made findings and as conclusion of law ordered judgment in favor of plaintiff for the amount demanded.

Action in the district court for Polk county to recover $8,498.50 for conversion. Prom an order, Watts, J., overruling defendants' demurrer to the amended complaint, they appealed.

Action in the district court for Carlton county to recover $1,065-for personal injuries. The complaint, among other matters, alleged that plaintiff, on the day mentioned, was “lawfully walking along-said sidewalk * * * in a careful manner,” when, owing to its slippery and uneven condition, she fell and was hurt. The answer was a general denial. The case was tried before Dibell, J., and a jury which returned a verdict in favor of plaintiff for $225.

Action in the district court for Clay county to recover $5,000 for personal injuries. The material allegations of the complaint are summarized in the second paragraph of the opinion. The answer alleged negligence on the part of plaintiff. The case was tried before Taylor, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,500 in favor of plaintiff.

Action in the district court for Hennepin county to recover $400, value of property lost while in possession of defendant carrier.

Action in the district court for Itasca county to recover $1,000 for breach of an agreement to place fire insurance upon a certain building. The answer was in effect a general denial. The case was tried before Stanton, I., 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, he appealed.

Action in the municipal court of Minneapolis to recover $500 for personal injuries. The complaint alleged that the work in question was necessarily done in haste in order to avoid trains that were or might be passing on the main track where the push car stood, and that the haste in doing the work was caused by the order of the foreman, and that such haste was a contributing cause to the accident, and the workmen were not then engaged in the construction of a new road.

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

Action in the district court for Ramsey county to recover $67 upon the second cause of action and $274 upon the fourth cause of action. The facts are stated in the opinion. The case was tried before Dickson, J., who directed a verdict in favor of plaintiff for $341. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Todd county for an injunction restraining defendant from the further use of a certain sewer and for $900 damages. The answer alleged that defendant constructed the sewer as a sanitary measure; that the outlet thereof was a natural watercourse; that there was no other feasible outlet therefrom.

Action in the district court for Hennepin county to recover $4,000 for personal injuries.

After the former appeal, reported in 115 Minn. 18, 131 N. W. 498, defendant moved for a new trial on the ground of newly discovered evidence. From an order denying the motion, Orr, J., defendant appealed.

From a judgment of the municipal court of Minneapolis, Leary, J., convicting her of the violation of an ordinance of the city of Minneapolis, defendant appealed.

Petition by Ballord-Trimble Lumber Company for an alternative writ of mandamus, directing the judges and clerk of the district court for Clay county to strike from the trial calendar of that court the case of Tully v. Ballord-Trimble Lumber Company, and transmit the records to the office of the district court for Hennepin county, or show cause why they had not done so.

Action in the district court for Hennepin county for specific performance of an agreement to buy 15 shares of stock or to recover $2,-250 in case specific performance be not decreed. From an order, Jelley, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for Winona county by the administratrix of the estate of Paul Pelowski, deceased, to recover $7,500 for the death of her intestate. The case was tried before Snow, J., who, at the close of the testimony denied the motion of defendant Wells Brothers Company for a directed verdict, and a jury which answered the special questions set out in the opinion and returned a verdict for the amount demanded.

Action in the district court for St. Louis county against Ab. Smith and Duluth Log Company, to recover $88.41 and to foreclose a lien for services in cutting, hauling and banking certain logs. The answer of the Duluth Log Company denied that plaintiff’s assignors ever performed services for it or that they had a lien upon its logs. The case was tried before Dibell, J., who made the findings and conclusions of law as stated in the opinion.

Gr. A. Westphal was appointed administrator of the estate of Stanislaw Lis by the probate court for Hennepin county. The facts are stated at the beginning of the opinion. From the order of appointment Hugo Silvestri, imperial and royal Austro-Hungarian consul of Chicago, who appeared in the proceedings and objected to the appointment, appealed to the district court for that county.

In the matter of proceedings in the district court for Morrison county to collect real estate taxes delinquent in January, 1909, plaintiff obtained an order upon defendants, as executors of the last will and testament of Howard P. Bell, deceased, to show cause why the judgment entered therein should not be set aside and the findings amended in accordance with the facts and the evidence.

Action in the district court for Washington county by the administrator of the estate of William K. Gaston, deceased, to recover possession of certain premises. The case was tried before Stolberg, J., who made findings and as conclusion of law found that at the time of his death William K. Gaston was the owner of the premises and that plaintiffs were entitled to the possession thereof. Erom an order denying defendants’ motion for a new trial, they appealed.

Action in the district court for St. Louis county, to recover $1,-518.95 on a policy of liability insurance. The facts found by the trial court are stated in the opinion.

Action in the district court for Ramsey county for partition of a certain city lot. The answer alleged that in October, 1908, plaintiff began a proceeding to register title to the real estate and defendant was required to answer the application, which it did, and the proceeding was still pending. Further answering defendant alleged that the court had no jurisdiction of the subject-matter of the action.

Action in the district court for Scott county for an accounting relative to the sale of certain lands and that plaintiff recover $4,800. The case was tried before Morrison, 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 Ramsey county to determine adverse claims to a certain city lot. The substance of the pleadings is given in the opinion. The case was tried before Dickson, J., who made findings and conclusions of law as set out on page 189, infra. Plaintiff’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the order denying his motion for a new trial, plaintiff appealed.

Two actions in the district court for Ramsey county by. the administratrix of the estate of Vaclav Havel, deceased, and by the administratrix of the estate of Rudolph Kroc, deceased, to recover. $7,500 in each case for the death of their intestates. The defense in each case was negligence on the part of plaintiff.

Action in the district court for St. Louis county for absolute divorce ; that plaintiff be awarded the custody of the child; that plaintiff be given her maiden name and for alimony.

Action in the district court for Crow Wing county to have a certain deed canceled on the ground of fraud. The case was tried before Wright, J., who, when plaintiff rested, denied defendant’s motion that the case be dismissed, and submitted ten questions to the jury, which answered them in favor of plaintiff.

Action in the district court for Pamsey county to recover $15,000 for personal injuries. The answer alleged that the injuries were sustained on account of plaintiff’s negligence; that be knew, appreciated and assumed each and every hazard in any manner connected with the work that in any manner caused or contributed to the accident. The case was tried before Dickson, J., who, at the close of plaintiff’s case, granted defendant’s motion to dismiss the action.

William. C. Riley made application to tbe district court for Ramsey county to register title to certain real estate in block 26, St. Paul proper. In his report the examiner of titles mentioned that the westerly 41.06 feet of lot 8 in that block had been registered and that a certificate from the registrar of titles could be filed in the proceeding, so that all matters in relation to easements and rights growing out of agreements might be settled.

Appeal by defendant from an order of the district court for Grant county, Elaherty J., denying its motion to vacate a judgment entered in the action and discharging an order to show canse why the writ of execution should not be quashed and the levy made by the sheriff of that county under the writ be discharged.

Action in the district court for Morrison county to recover $587.26. The facts are stated in the opinion. The answer pleaded payment and the statute of limitations. The case was tried upon the testimony taken before a referee, before Taylor, J., who made findings and ordered judgment for the sum of $479.67 in favor of plaintiff. Defendant’s motion to amend the findings of fact and conclusion of law was denied. From an order denying a new trial, defendant appealed.

Action in the district court for Nice county to recover $1,670, the amount paid by plaintiff on account of loss from fire alleged to have been set by the negligent operation of defendant’s locomotive and by reason of its defective character. The answer specifically denied that the property was destroyed by reason of any negligent act of defendant and that the fire was communicated from defendant’s engine. The reply denied the allegations of new matter in the answer.

Action in the district court for Benton county to recover $20,000 for personal injuries. The substance of the pleadings will be found in the third paragraph of the opinion. The case was tried before Taylor, J., and a jury which rendered a verdict for $1,150 in favor of plaintiff. From an order denying a new trial, defendants appealed.

Action in the district court for Ramsey county to recover a balance of $488.20 alleged to be due upon certain contracts.

Action in the district court for St. Louis county to recover the sum of $296, for manual labor and services in cutting, hauling, banking and skidding certain logs, to enforce a lien thereon for that sum, with an attorney’s fee and interest added, and to foreclose the lien. The Duluth Log Company, in its separate answer, denied the allegations of the complaint.

Upon the relation of the Morrison County Agricultural Association, the district court for Ramsey county issued its alternative writ of mandamus directed to Samuel G. Iverson, auditor of the state of Minnesota, directing him to execute and deliver to relator his warrant or voucher for $428 or show cause why he had not done so.

Appeal by defendant from an order of the district court for St. Louis county, Ensign, Cant and Dibell, JL, affirming an order of the municipal court of Duluth. The facts are stated in the opinion.

Action in the district court for Goodhue county for an account o£ the amount due defendant upon certain loans made by him to plaintiff’s husband, and to compel defendant to reconvey the interest o£ plaintiff in the lands conveyed to defendant to secure payment o£ the loans, or for a partition, or if that could not be made for a sale of plaintiff’s share and the balance due her after payment of the expenses. Plaintiff’s children were made parties plaintiff by order of court.

Action in the district court for Ramsey county by three creditors of defendant mineral water company, incorporated under the laws of South Dakota, for the appointment of a receiver of defendant company and for an accounting of the amount unpaid and due from the individual defendants upon the stock in that company held by them respectively, and to recover judgment against the individual defendants respectively, for the amounts unpaid by them to the extent necessary to satisfy…

Action in the district court for Otter Tail county to recover $2,385, the unpaid purchase price of certain land, to obtain a vendor’s, lien thereon for that amount and to foreclose the lien.

Action to recover $5,025 for personal injuries. The complaint, alleged that at the time of the accident defendant Olson was acting-in his capacity of servant and employee of defendant Carlson and was engaged in the performance of his duties as such servant and employee. The separate answer of defendant Carlson alleged on. information and belief that, if plaintiff sustained the injuries alleged, they were sustained solely by her own carelessness and negligence.

Action in the district court for Lincoln county to vacate a judgment for $770.75 against plaintiff, to cancel and expunge from the record an execution, levy and certificate of sale thereunder.

Action in the municipal court of St. Paul to recover $287.70 damages to a carload of strawberries alleged to have been negligently-delayed in transportation, and because defendant did not exercise due care for the preservation of the berries while in transit.

Action in the district court for Hennepin county to recover $500, the amount of earnest money paid upon the land contract set out in the opinion. The facts are stated in the opinion.

Betsy Corey, widow of H. A. Corey, deceased, petitioned the probate court for Winona county that it would require Clark G. Corey to show cause why he should not be removed as executor of the last will and testament of H. A. Corey, deceased. The petition was denied by the probate court, and an appeal from the order refusing to remove the executor was taken by petitioner to the district court for that county.

Boyd Thompson Williams appealed to the district court for Ramsey county from the action of the Minnesota State Board of Medical Examiners denying appellant a license to practice medicine and surgery in the state of Minnesota “upon questions of law and fact, as provided by section 2296 of the Revised Laws 1905,” as amended by Laws 1909, c. 474.

Action in the district court for Hennepin county to recover $26,509 for personal injury.

Defendant appeared specially for the purpose of the motion only and moved the municipal court of St. Paul to vacate (1) the service of summons and complaint, (2) the return of service of the summons and complaint, and (3) judgment entered in favor of plaintiff for $547.25. The ground of the motion was that the court did not acquire jurisdiction in the action over the defendant. The motion was denied, Pinehout, J. Prom the order denying the motion, defendant appealed.

In an action in the district court for Hennepin county to foreclose mechanic’s liens, the Grown Iron Works Company sought to ¡recover personal judgment against defendant Honstain for the sum of $811 and to foreclose a mechanic’s lien therefor.

Action of ejectment in the district court for Chippewa county in which William E. Kinyon, George E. Kinyon and Thomas H. Kelly, as trustees under the last will of William H. Kelly, deceased, were substituted as plaintiffs. The facts are stated in the opinion.

Action in the district court for Ramsey county by the father of Edna Piekell, acting in her behalf, to recover $10,000 for personal injury. The complaint, after setting out the circumstances of the accident, alleged that it occurred on a bright, clear day and the track was wholly unobstructed at the time, was straight and the view thereof and of objects near thereto wholly unobstructed for a distance of more than 400 yards at the place of the accident.

Action in the district court for Hennepin county to recover $5,000 for personal injury. The allegation of the complaint in respect to defendant’s negligence is quoted in the seventh paragraph >of the opinion. The answer alleged that if the accident occurred it was not due to any negligence whatsoever on the part of defendant or any of its employees, but was due to plaintiff’s failure to exercise ordinary care for his own safety.

Action in the district court for Hennepin county to recover $2,504.50. The substance of the complaint and answer will be found in the second and third paragraphs of the opinion. The case was tried before Waite, J., and a jury which returned a verdict for $2,489.50 in favor of plaintiff. At the hearing of defendant’s motion for a new trial plaintiff moved in open court to be allowed to amend its complaint. The court allowed the amendments and denied the motion for a new trial.

After the former appeal reported in 118 Minn. 223, 136 N. W. 743, judgment was entered in favor of plaintiff in the district court for Ramsey county. From the judgment entered, defendant appealed.

Action in the district court for Goodhue county to recover $2,800 upon two causes of action.

Action in the district court for Ramsey county to recover $5,000 for personal injury. The facts are stated in the opinion.

Action in the district court for Murray county to recover $30,000 for personal injury. Defendant demurred to the amended complaint on the ground that the facts stated therein did not constitute a cause of action. The demurser was sustained, Nelson, J., with leave to plaintiff to amend the complaint. From the order sustaining the demurrer, plaintiff appealed.

Action in the district court for Lyon county to recover $30,000 for personal injury. The facts are stated in the opinion. The defendant demurred to the complaint for the reason that on its face it did: not state facts sufficient to constitute a cause of action. The demurrer was overruled, Olsen, J. From the order overruling the demurrer, defendant appealed.

Action in the district court for Meeker county by the guardian &d litem of plaintiff against the executor of the last will of W. C. McElrath, deceased, and the legatees named in that will, to vacate .a judgment of that court rendered in December, 1897, dissolving the marriage contract between plaintiff and said W. C. McElrath. The facts are stated in the opinion.

Action in the district court for Ramsey county to recover $10,000 for personal injury. The answer alleged that, if plaintiff sustained injuries, they were caused by bis want of ordinary care and that he was fully informed of the physical conditions surrounding the work in which he was engaged and assumed all the risks of injury in connection therewith. The reply denied the new matter alleged in the answer.

Upon the relation of John H. Sagness and P. E. Fagerlie the district court for the county of Renville granted an alternative writ of mandamus directed to the Hawk Creek Telephone Company, requiring it to install telephone instruments and telephone service in the residences of relators or show cause why they had not done so. The matter was heard upon the relation and return by Powers,'J., who made findings and ordered judgment in favor of respondent.

After the former appeal, reported in 116 Minn. 307, 133 N. W. 795, a new trial was had before Childress, J., and a jury which •returned a verdict that plaintiff was the owner and entitled to the return of the property described in the complaint, or to the sum •of $1,050, and answered the special questions submitted to them as .stated in the first paragraph of the opinion.

Action in the district court for Hennepin county to recover $25, interest collected, upon a certain bond, and $40, rents collected from real estate referred to in the trust agreement mentioned in the opinion. The complaint made the trust agreement a part thereof.

Three actions in the municipal court of St. Paul to recover $294.-63, in which Ethel Spencer, Mary A. Spencer and Ambrose E. Spencer were the respective plaintiffs. Judgments were entered by default. Defendant, appearing specially for the purposes of the . motion, moved to set aside the judgments on the grounds mentioned in the first paragraph of the opinion. The motions were denied, Finehout, J. From the orders denying the motions, defendant appealed.

Action in the district court for St. Louis county by the trustee of the estate of Henry C. Henrickson, bankrupt, to recover $9,000. The answer denied all the allegations of the complaint, except those in regard to the appointment of plaintiff’s trustee and the business occupation of the bankrupt. The case was tried before Cant, L, who made findings and ordered judgment in favor of plaintiff for $5,765.-25. From an order denying defendant’s motion for a new trial, he appealed.

After the former appeal reported in 117 Minn. 122, 134 N. W. 508, defendant moved for a new trial upon the ground of material evidence newly discovered, which could not have been found and produced at the trial. The motion was heard before Dickinson, J., who granted it. Erom the order granting a new trial, plaintifE appealed.

<p>Assignment of mortgage — recorded after death of assignor.</p> <p>An assignment of a mortgage upon real property, though not recorded until after the death of the assignor, is valid and superior to the rights of the heirs of the assignor, who are not, within the recording act, in the position of subsequent bona fide purchasers.</p> <p>Unacknowledged assignment.</p> <p>An unacknowledged assignment of a mortgage is valid between the parties; the acknowledgment thereof being essential only to entitle it to record.</p> <p>Evidence.</p> <p>Evidence held insufficient to justify a finding that the assignment above referred to was obtained by fraud or undue influence.</p>

Action in the municipal court of St. Paul against the Illinois Central Railroad Company and Minneapolis & St. Louis Railroad Company to recover $214.27. The complaint alleged that each of defendants neglected to transport the shipment in question within a reasonable time as agreed, but negligently delayed the transportation .thereof and allowed it to become wilted, decayed and damaged.

Enoch Oppegaard and others appealed to the district court for Renville county from an .order of the board of county commissioners of Renville county in the matter of a petition affecting Independent School District No. 40 and common school districts Nos. 35, 41, 43, 94 and 128, on the ground (1) that the county board had no jurisdiction to act; (2) that the county board had exceeded its jurisdiction; and (3) that its action was against the best interests of the territory…

<p>Action in the municipal court of St. Paul to recover $500 for breach of contract. The answer specifically denied that plaintiff ever purchased the premises described in the complaint or agreed to purchase them. The case was tried before Finehout, J., who made findings and ordered judgment in favor of plaintiff for $200. Prom an order denying his motion for a new trial, defendant appealed.</p>

Action in the district court for Mille Lacs county to recover $5,000 for false imprisonment. The facts are stated in the opinion.

O. P. Johnson, and Carl P. Johnson obtained from this court an order directed to the district court for Waseca county, Hon. Arthur B. Childress, judge thereof, and the clerk thereof, to show cause why a peremptory writ of mandamus should not issue directing the officers above named to transfer the files and papers in the case of Dube v. City of Waseca, O. P. Johnson and Carl A. Johnson, co-partners as C. P. Johnson & Son, from the district court for Wáseca county to the…

<p>Refreshing recollection of witness.</p> <p>Entries made by witnesses in a book kept by the plaintiff insurance company, and known as its liability policy register, held to constitute sufficient and proper memoranda for use by the witnesses in refreshing their recollection.</p> <p>Reformation of policy — evidence.</p> <p>Refusal of the trial court to grant reformation of an employer’s liability insurance policy, so as to make it fully cover the amount paid by the insurance company upon a judgment against the insured in favor of an injured employee, and thus to defeat the insurance company’s claim against the insured for the excess so paid over and above the face of the policy, held sustained by the evidence.</p> <p>Finding sustained by evidence.</p> <p>The trial court’s finding as to the amount of indemnity called for by the policy, which had been destroyed by fire, held sustained by the evidence.</p> <p>Evidence against party’s contention.</p> <p>The defendant’s contention that the plaintiff was precluded from a recovery by its negligent failure to effect a settlement with the defendant’s injured employee before suit and judgment on his claim held not sustained by the evidence.</p> <p>Recovery of excess paid upon judgment.</p> <p>The plaintiff insurance company, having paid the full amount of the judgment against the defendant, the insured, in favor of the latter’s injured employee, in the mistaken belief that such amount was fully covered by the policy, was entitled to recover from the defendant the excess so paid over and above the amount of indemnity called for by the policy.</p>

<p>Finding sustained by evidence.</p> <p>Findings to the effect that plaintiffs, who possessed the right to redeem from a foreclosure sale, refrained from so doing in reliance on an oral agreement of the one who had procured the sheriff’s certificate that he would, after the time for redemption expired, transfer to them their respective interests, upon being paid their pro rata share, held sustained by the evidence.</p> <p>Statute of frauds — part performance.</p> <p>Held, following Williams v. Stewart, 25 Minn. 516, that where a person holding a valuable right refrains from exercising the same, in reliance upon an oral agreement of another to convey, until such right expires, it constitutes sufficient part performance to take the agreement out of the statute of frauds.</p> <p>Specific performance — party.</p> <p>The widow of the mortgagor, who was not a party to the oral agreement, and whose interest was extinguished when the time for redemption from the foreclosure sale expired, held not a necessary party to this action to enforce specific performance of the agreement.</p> <p>Evidence.</p> <p>The evidence does not show that the contract sought to be enforced was entered into for the corrupt purpose of unlawfully depriving a third party of property interests or rights.</p>

Action in the district court for Anoka county to recover $2,840 commission for making a sale of land belonging to defendant. The answer denied the allegations of the complaint. The case was tried before Giddings, 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, he. appealed.

Action of ejectment in the district court for St. Louis county. The case was tried before Dibell, J., who made findings and ordered judgment in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

On April 12, 1912, judgment in favor of plaintiff for $563.47 was entered in the district court for Hennepin county. The facts are stated in the opinion. Defendant Huhn’s motion to vacate the judgment was denied, Waite, J. Thereafter the same defendant obtained an order to show cause why the judgment should not be set aside and defendants permitted to answer. The matter was heard and the motion denied. From the order denying the motion, defendant Huhn appealed.

Action in the district court for Ramsey county against the Northwestern Trust Company and Florence von Schwerin to vacate a judgment entered June 21, 1910, which allowed the accounts of defendant trust company as trustee under the will of John Wann, deceased, to investigate the conduct and management of the trustee, and to surcharge its accounts for the period prior to June 21, 1910, as well as subsequent thereto, with the amount of loss and damage incurred.

Action in the district court for Yellow Medicine county to restrain defendants from individually operating an omnibus or baggage line in the city of Granite Falls. Defendants answered separately.

Action in the district court for Ramsey county to recover $785. The facts are stated in the opinion. At the trial before Dickson, J., it was agreed in open court that the issues in the case are as here stated, notwithstanding anything in the pleadings to the contrary: Plaintiff claimed he instructed defendant to sell the horses for $160 a head, and not less, and the sale made by defendant was in violation of these instructions.

Action in the district court for Ramsey county to recover $25,000 for breach of promise to marry. The answer alleged a former action between the same parties, for the same cause of action, and the execution and delivery of a release of all claims thereunder upon the payment of $250.

Action in the district court for Renville county to recover $20,500 for conspiracy to compel plaintiff and his wife to remove from their place of residence, and for trespass upon plaintiff’s premises and intimidation of him and his wife. Prom an order, Qvale, J., overruling defendants’ demurrer to the complaint, they appealed.

Action for conversion. After the former appeal, reported in 116 Minn. 79, 133 N. W. 167, the case was tried before Hallam, J., who directed the jury that if plaintiff was entitled to recover it was entitled to recover $1080, and interest thereon. The jury returned a verdict in favor of plaintiff. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Renville county to recover $20,000 for conspiracy to slander and circulate false and defamatory reports against defendant and compel her to leave her home. Prom an order, Qvale, J., overruling defendants’ demurrer to the complaint, they appealed.

Action in the district court for Clearwater county to recover $7,297.30, the value of money orders obtained from plaintiff by fraud. From an order, Mc-Clenahan, J., overruling defendant’s demurrer to the complaint, he appealed.

Action in the district court for Mille Lacs county to recover $8,950 for loss of a sawmill by fire.

Defendant moved for an order of the district court for Hennepin county staying all proceedings in the action until plaintiff paid defendant $74.71, the amount of two judgments for costs recovered by defendant against plaintiff in two other actions in the municipal court of Minneapolis, and to extend defendant’s time to answer.

Teófila Lijeski, plaintiff in an action against Kashm-'r C. Frozina, moved the district court for Big Stone county for an order remanding the action to the district court for Ramsey county, from which it had been removed.

Action of ejectment in the district court for Chippewa county by the assignees in trust of the Hastings & Dakota Railway Company. The action was tried before Qvale, J., who made findings and ordered judgment that defendant was the equitable owner of the land and entitled to the possession thereof. From the judgment entered pursuant to the order for judgment, plaintiffs appealed.

Defendant appeared specially for the purpose of the motion only and moved the municipal court of St. Paul to vacate (1) the service of summons and complaint, (2) the return of service of the summons and complaint, and (3) judgment entered in favor of plaintiff for $547.25. The ground of the motion was that the court did not acquire jurisdiction in the action over the defendant, The motion was denied, Finehout, J. Prom the order denying the motion, defendant appealed.

From a judgment entered in the district court for Winona county pursuant to the order of Snow, J., in favor of the administratrix and against Harriet May-croft, the claimant, the latter appealed.

Action in the district court for Renville county to adjudge that a certain road was not legally laid out or established and to restrain defendant township and its supervisors from laying out, working, or constructing a highway over the line of road described in the complaint where it crossed the land of plaintiffs.

Action in the district court for Carlton county against Northern 'Pacific Railway Company and Great Northern Railway Company to recover $15,975 for personal injury. The case was tried before Cant, J., and a jury which returned a verdict against the Great Northern Railway Company for $2,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, the Great Northern Railway Company appealed.

Action in the district court for Norman county to recover $2,500 for assault and battery. The answer was a general denial. The case was tried before Grindeland, J., and a jury which returned a verdict of $500 in favor of plaintiff. From an order denying a new trial, defendants appealed.

Action in the district court for Mille Lacs county to recover $5,000 for false imprisonment. The pleadings are substantially the same as in the case of Peake v. Milaca State Bank, supra, page 455, 139 N. W. 813. The case was tried before Taylor, J., who denied defendants’ motion to direct a verdict in their favor, and a jury which returned a verdict for $300. From an order denying defendants’ motion for judgment notwithstanding the verdict, they appealed.

Action in the district court for Cass county. Defendant demurred to the complaint. From the order overruling the demurrer, Stanton, J., defendant appealed.