Volume 121 — Minnesota Reports

Action in the district court for Ramsey county to recover $3,100 for assault and battery. The complaint alleged the assault was committed by defendant through its agents and servants, who were acting in the course of their employment and transacting the business of defendant in its behalf within the scope of their .employment. The answer was a general denial. The case was tried before Brill, J., and a jury which returned a verdict in favor of plaintiff for $'700.

Action in the district court for Ramsey county to recover $1,000 for breach of contract. The facts are stated in the opinion. The case was tried before Nelly, J., who denied defendant’s request for an instructed verdict, and a jury which returned a verdict in favor of plaintiff for $1,020. From an order denying defendant’s motion for a new trial, defendant appealed.

Action in the district court for Cass county to determine that defendant Hattie M. Cooper ivas the holder of the legal title to •certain lands in trust for plaintiffs and to require the execution of a conveyance of her interest in them. The substance of the complaint and the defenses set up in the answer will be found on pages 15 and 16, infra. The case was tried before McClenahan, J., who made findings and ordered judgment in favor of plaintiffs.

Action in the district court for Itasca county to annul a certain judgment entered upon default and to discharge certain real estate from any lien thereunder. The facts are stated in the opinion. The case was tried before Stanton, J., who made findings as stated in the opinion and ordered judgment in favor of defendants. From sen order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to foreclose a. mechanic’s lien. The Johnson Service Company filed an answer to-the complaint, claiming a lien upon the premises described for $3,-362.10. The substance of the claim and of the counterclaim of defendant Edna D. Kruse will be found in the opinion. Defendant, Kruse demanded a jury trial upon certain specified issues and her motion was denied.

Action in tbe district court for St. Louis county' against E. A> Tessman & Co. and P. G. Kraemer to recover $2,016 upon five bank checks.

Action in the district court for Lac qui Parle county to determine: adverse claims. The answer alleged that defendant became the purchaser at an execution sale under the judgment mentioned in the-, opinion, received a sheriff’s certificate of sale, and no redemption had been made from the sale.

Action in the district court for Hennepin county to recover $25,000 for personal injury. The facts are stated in the opinion. The defense was a general denial and contributory negligence of the plaintiff. The case was tried before Dickinson, J., who denied plaintiff’s and defendant’s motions for directed verdicts, and a jury which returned a verdict for $6,300 in favor of plaintiff.

Action in the district court for Stearns county by tbe administrator de bonis non of tbe estate of Tbomas Ryckman, deceased, against bis widow, to obtain a decree tbat plaintiff was entitled to tbe possession of certain certificates of deposit and of tbe money represented by them, as well as tbe sum of $200 left on deposit by said decedent.

Action in the district court for Morrison county to recover $323.48' upon a written contract made a part of the complaint. The answer-admitted the execution of the contract but alleged that plaintiffs abandoned and failed to perform it; it further alleged that by the failure to perform the contract defendant had suffered a loss-of $500, for which he demanded judgment.

Action in the district court for Hennepin county to recover $558.33, the amount of interest accrued upon a promissory note from its date. The substance of the answer to the amended complaint is stated in the opinion. The reply denied the allegations summarized in the opinion. The case was tried before Steele, J., who sustained an objection to the introduction of testimony by defendant, on the ground that the answer did not state a defense.

Action in the district court for Hennepin county to recover $10,-000. The complaint alleged that plaintiff was a passenger for hire in an automobile then operated by defendant as a common carrier for hire, and through its negligence the automobile was driven out of the road and overthrown while going at a high rate of. speed, and in consequence plaintiff was injured. The defense was a general denial.

Action in the district court for St. Louis county to recover $4,S00 for standing timber and personal property destroyed by fire, allowed by the negligent and wilful acts of defendant to escape from its engines upon its right of way and communicated to plaintiff’s property. The substance of the answer will be found at the beginning of the opinion. The case was tried before Cant, J., and a jury which returned a verdict in favor of defendant.

Action in the district court.for Hennepin county to obtain judgment-against defendant Edna D. Kruse for $3,688, and to' foreclose a mechanic’s lien for that amount. The substance of the complaint and of the separate answer of Mrs. Kruse will be found at the beginning of the opinion. The case was tried before Steele, J., who denied defendant’s motions to strike out the complaint and to disallow plaintiff’s claim of lien.

Action in tbe district court for St. Louis county to restrain the city and its officers from issuing certain municipal bonds, from proceeding to let a contract for a certain sewer and from purchasing a certain automobile. From an order sustaining a demurrer to the complaint, plaintiff appealed.

W. H. Curran, as administrator with the will annexed of Martin Norseth, deceased, was granted by the probate court for Lyon county license to sell the homestead of decedent, and the probate court confirmed a sale made by the administrator. From the order of license and from the order confirming the sale, Emma Larson appealed to the district court for that county.

Action in the district court for Hennepin county to recover $775 •upon a written contract. The defendant defaulted. The case was tried before John Day Smith, J., who made findings and ordered judgment in favor of plaintiffs for $539.60. From the judgment entered pursuant to the order, defendant appealed.

Action by Eliza M. Arnold, tbe widow of Cassins C. Merritt, deceased, in tbe district court for St. Louis county against Hansen E..

Action in the district court for Ramsey county to recover the sum of $1,500 upon defendant’s certificate of insurance. Judgment was ■entered by default. Defendant appeared specially and moved to vacate the service of the summons and complaint. The motion was heard and granted, Brill, J. Erom the order granting the motion and vacating the judgment, plaintiff appealed.

Action in the municipal court of Minneapolis by the receivers of Keefe-Davidson Company to recover $94, balance due upon the purchase price of certain law books.

Action in the district court for Itasca county to obtain a decree that certain judgments and assignments thereof, and certain execution sales, be declared void and for other relief. Defendant James Sherry demurred to the complaint upon the ground that the facts stated did not constitute a cause of action. The demurrer was heard and overruled by Wright, J. Erom the order overruling the demurrer to the complaint, defendant Sherry appealed.

Action in tbe district court for Hennepin county to recover $2,800, and interest, for conversion of a certain certificate of stock for 230 shares. Tbe separate answers of defendants were general denials. Tbe case was tried before Jelley, J., wbo directed a verdict in favor of plaintiff for tbe amount demanded.

Action in the district court for Eamsey county against three insurance companies to set aside an award of $470.83, rendered by three arbitrators appointed under the terms of the policies, and to recover judgment against defendants for $1,855.

Action in the district court for Hennepin county to recover $6,500. The facts stated at the beginning of the opinion were set up in the complaint. The defendants admitted that, by their workmen, they did certain plumbing work in the building described at the request of and under the direction of the Five and Ten Cent Store, and did no other work there, and that the work was accepted and paid for.

Action in the district court for Brown county to recover $2,000 upon defendant’s certificate of insurance upon the life of John C. Lockway. The defense was that the insured died of delirium tremens caused by the intemperate use of alcoholic drinks. The case was tried before Olsen, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $2,224.67.

Tn the matter of proceedings in the district court for Morrison -county to enforce payment of real estate taxes delinquent in January, 1908, William C. Foster obtained an order directed to the clerk of “that court requiring him to strike from the certified copy of a certain resolution filed by the county auditor the indorsement on the ■back thereof to the effect that the same was filed on February 25, 1908, and to indorse thereon the fact that the same was filed on ^February…

After the decision of the former appeal, reported in 115 Minn. 430, 132 N. W. 750, the case was tried before Olsen, J., who denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict that defendant was guilty and plaintiff ought to have restitution of the premises. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Hpon the relation of Hugo Schwartzkopf and R. M. Sheets the district court for Crow Wing county granted its alternative writ of mandamus, directing the members of the city council of Brainerd to fix a time and place for hearing charges preferred against the president of the water and light board, and requiring the council to secure other counsel to advise them in the premises, or to show cause why they had not done so.

Action in the district court for Roseau county to determine boundaries and to recover $300 damages for use and occupation of a strip of land 37 rods in width. The answer prayed that the action be dismissed and demanded judgment for $220 upon a counterclaim for use and occupation of 31 acres. The case was tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff for the sum of $90.

Action in the district court for Ramsey county to determine adverse claims to vacant and unoccupied city lots. The answer of defendant Campbell set out the written agreement referred to in the opinion, and prayed that it be adjudged a valid lien upon the premises and that the same be sold under the direction of the court and the proceeds distributed pursuant to the terms of the contract.

Action, in the municipal court of Minneapolis to recover $400 for rent of a store building for the months of June, July, August and September, 1912.

Upon tlie petition of George E. Stone, tbe district court for Polk county issued its writ of habeas corpus directed to Aaron Eck. The defendant, as chief of police of the city of Orookston, made return that the petitioner was detained in custody by virtue of a criminal warrant issued because of the violation of a city ordinance in selling a ton of coal without first having the coal weighed or measured by the city sealer or city weighmaster.

Tbe district court for Hennepin county issued, its writ of babeas corpus requiring Erank McDonald, superintendent of tbe Minneapolis workhouse, to show cause wby be retained Annie Salter in custody. Tbe return to tbe writ showed that tbe detention was by virtue of a commitment, a copy of which was attached to tbe return.

Action in the district court for Dakota county to recover $500 which plaintiff had deposited with defendant, the same to be returned to this plaintiff “upon demand.” The answer alleged that plaintiff made the deposit mentioned in the complaint in connection with his bid or proposal for constructing certain sewers and waterworks ; that his bid was accepted and the contract awarded to him; that he had neglected to execute the contract and furnish, the required bond, by reason…

Two actions in the district court for St. Louis county to recover-$30,150 for personal injuries. The facts are stated in the opinion., The answers denied that the injuries were received through any negligence on the part of defendant and alleged that the negligence of plaintiffs directly contributed to their injuries; that they were familiar with and by their contract of employment assumed the risk and hazard of the danger from which the injuries were received.

Action in the district court for St. Louis county by the trustee-for the creditors of the Union Mutual Eire Insurance Company of Cincinnati to recover $1,106.88, the amount of a certain assessment levied against defendant as a policy holder in said company.

Action in tbe district court for Bamsey county to recover $1,000 upon defendant’s certificate of insurance upon tbe life of Jacob Sauerwein, in favor of plaintiff, his wife.

Action by the executor of tbe last will and testament of John Kennedy, deceased, to recover $4,000 and interest from May 28, 1901. The facts are stated in the opinion.

Action by tbe administratrix of tbe estate of Victor S. Ogren, deceased, to recover $7,500 for his wrongful death.

Two actions in the district court for Blue Earth county by the same plaintiff against different defendants to recover certain oats and wheat or the value thereof. The answers were general denials. The facts are stated in the opinion. The case was tried before Pfau, J., who denied defendants’ motions for directed verdicts, and a jury which returned a verdict in favor of plaintiff for $129.52 in the Scheidt ease and for $139.80 in the Bennett case.

Action in tbe district court for Hennepin county to recover $1,372.92, damages for the refusal of defendant to accept certain flower bulbs and to pay for the same pursuant to his order.

Action in the district court for Eamsey county by tbe father and natural guardian of Alois John Lutzer, a minor, to recover $10,000 for personal injury.

Action in the district court for Washington county to recover $3,820 for property destroyed by fire while in the possession of defendant as a common carrier. The case was tried before Stolberg, J., who denied defendant’s motion to direct a verdict in its favor and a |nry which returned a verdict for $3,205.12. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Hennepin eounty to recover $10,000 for personal injury. The case was tried before Hale, L, wbo, at the close of plaintiff’s case, denied defendant’s motion to dismiss and, at the close of the testimony, denied defendant’s motion for a directed verdict. The jury returned a verdict for $1,500 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict, it appealed.

Action in the district court for Hennepin county to recover $10,000 for personal injury. The negligence alleged in the complaint is stated at the beginning of the fifth paragraph of the opinion.

Action in the district court for Hennepin county to recover $7,730 ,for injury to a shipment of 37 cars of cattle. The'case was tried before Hale, J., and a jury which returned a verdict in favor of plaintiff for $2,004.40. From an order denying defendant’s motion for a new trial, it appealed.

After the former appeal reported in 114 Minn. 523, 131 N. W. 1133, the case was tried before Stanton, J., who at the close of plaintiff’s case denied motions for directed verdicts, and a jury which returned a verdict for $500 in favor of plaintiff. From an order denying their motions for judgment notwithstanding the verdict or for a new trial, both parties appealed.

Action in the district court for Scott county to recover $858.25 for services rendered by plaintiff as an attorney at law. The answer alleged a written agreement with plaintiff to perform the services for the sum of $100, and payment of that sum into court. The reply denied the new matter in the answer. The case was tried before Morrison, J., who made findings and ordered judgment in favor of plaintiff for the sum of $765.

<p>Action in the district court for Ramsey county to recover $4,500 upon a promissory note. Among other matters the amended answer alleged that Adolph C. Wilcken and Frederick W. Wilcken, in all transactions referred to, were acting solely as the agents of defendant, .and their agency for defendant was fully disclosed and fully known to plaintiff and other parties in interest; that plaintiff was practically ■the only stockholder of the TJnion Mattress Company, was its president, and on its behalf conducted the negotiations in question. The amended answer set out the terms of the guaranty quoted in the •opinion on page 292, infra, alleged that the note described in the •complaint was executed and delivered to plaintiff as a part of the purchase price of the property, and of the consideration of $35,500 mentioned in the bill of sale. It alleged that the books of account ■described in the bill of sale were false and misleading to the knowledge of plaintiff in certain specified particulars; that defendant bought the capital stock of the Mattress Company, and all its property and assets, upon the faith and credit of their book value as ■shown by the books of account, especially upon the faith and credit •of the control account or accounts which were kept for the purpose -of showing the condition and value of the business, and that in purchasing the property it believed and relied upon the representations •and warranty concerning the same, made by the Mattress Company and the plaintiff in the bill of sale; that, by reason of tbe falsity of tbe books of account, the property at tbe time of tbe purchase by defendant was actually worth $6,095.70 less than it would have been worth if its condition and value bad been what tbe books of account made it to appear, and as plaintiff represented and warranted it to be, and that defendant bad been damaged by reason thereof in that sum; and set up tbe sum of $6,095.70 as a counterclaim against tbe note of $4,500 and prayed judgment in favor of defendant in tbe sum of $1,595.70, or such other amount as might be shown upon an accounting to be justly due to tbe defendant. Tbe reply denied that tbe purchase of tbe property of tbe Mattress Company was made by defendant and averred that it was bought by tbe Wilckens.</p> <p>Tbe case was tried before Olin B. Lewis, J., who made findings of fact as stated in tbe opinion, and ordered judgment in favor of defendant for tbe sum of $1,033.28. TJpon tbe motion of plaintiff, tbe findings of fact were amended but tbe order for judgment was left unchanged. From an order denying plaintiff’s motion for a new trial, be appealed.</p>

Action in the district court for Polk county to recover $7,973.26. Defendants demurred to each of the four causes of action in the complaint on the ground that it did not state facts sufficient to constitute a cause of action. Prom an order overruling the demurrer to the second, third and fourth causes of action, defendants appealed. Prom the order sustaining the demurrer to the first cause of action, plaintiff appealed.

Action in the district court for Otter Tail county to determine-adverse claims to vacant and unoccupied land. Defendant Foster answered separately and alleged that he was the owner in fee simple-of part of the land and prayed that the plaintiff and all the other defendants be decreed to have no title or interest in the same.

After tbe former appeal reported in 119 Minn. 113, 137 N. W. 289, the case was tried before Dickson, J., who directed a verdict in favor of plaintiff for the amount demanded. From an order denying defendant’s motion for judgment notwithstanding the verdict or a new trial, it appealed.

Action in the district court for Hennepin county to recover $1,071.88, the value of grain alleged to have been lost in certain enumerated shipments over defendant’s road. The amended answer admitted the various shipments and alleged that defendant duly transported the grain and promptly delivered the same to the consignees at destination.

Action in the district court for Ramsey county to recover $40,000 for personal injury. The facts and the substance of tbe complaint and answer are stated in tbe opinion. Tbe reply denied that tbe accident was due to plaintiff’s failure to exercise proper care for bis •own safety or that plaintiff assumed the danger of such an accident.

Action in the district court for Ramsey county to recover $25,000 for personal injury. The answer alleged that plaintiff while engaged in switching operations at Herndon, Iowa, placed his foot between the coupler of one car and the coupler of another while those cars were coming and came together, resulting in an injury to his foot, and that the cars were equipped with automatic couplers. It further alleged that the injury was caused by plaintiff’s want of due care.

Action in the district court for Todd county to determine adverse claims to certain real estate. ' After the death of defendant, Lucy J. Stilson, the executors of her last will and testament were substituted as defendants.

Action in the district court for Washington county to recover $69.95, charges due plaintiff upon shipments of hay to Stillwater in that county. The answer set up a counterclaim for damage caused by fire and water to a carload of hay after its arrival at Stillwater and while in plaintiff’s possession, and an agreement with plaintiff by which defendant was to sell the damaged hay and credit proceeds of the sale upon defendant’s claim against plaintiff.

Action in the district court for Goodhue county to■ recover $500. The facts are stated in the opinion. The case was tried before Johnson, J., and a jury which returned a verdict in favor of plaintiffs. 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 $5,000. The case was tried before Steele, J., and a jury wbicb returned a verdict in favor of defendants. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Itasca county to recover $4,000 for damage caused by fire set by defendant’s locomotive. Tbe facts are stated in tbe opinion. Tbe case was tried before Dibell, J., wbo, at the close of plaintiff’s case, denied defendant’s motion to dismiss the action, and, when defendant rested, denied its motion for a directed verdict, and a jury which returned a verdict of $1,800 in favor of plaintiff.

<p>Action in the district court for Ramsey county to recover $15,000 for personal injury to plaintiff brakeman while in the employ of defendant. The facts are stated in the opinion. The answer alleged plaintiff had inspected the air brakes and hose, before leaving-starting point and also again shortly prior to the time the hose burst, and reported that the train, including air brakes and hose, was in good condition, and, if there were any defects in the same, it was the duty of plaintiff to report that fact to defendant, through the conductor in charge of the train; that' plaintiff made no report or furnished any information in regard to any defect. The foregoing-allegations were denied in the reply. The case was tried before Brill, J"., who, at the close of plaintiff’s ease, denied defendant’s motion' to dismiss the action, and, at the close of the case, to direct a verdict for defendants, and a jury which returned a verdict of $6,000 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.</p>

Action in the district court for Ramsey county to determine adverse claims to certain vacant and unoccupied real estate. The answer alleged title in defendant by virtue of certain local assessment and general tax certificates of sale, and due notice of expiration of time for redemption and no redemption therefrom.

Action in the district court for Ramsey county to recover $17,500 for personal injury received while in defendant’s employ.

School District No. 40 of Rock county, by its school board, petitioned the district court for that county to condemn a certain parcel of land as a site for a school house.

Defendant was indicted by the grand jury for Faribault county of the offense of withholding certain information requested by the state-superintendent of banks concerning the State Bank of Commerce of' the Village of Winnebago.

Action in the district court for Rock county by the administratrix of the estate of James Kenneth Carver, deceased, against the Luverne Brick & Tile Company, R. B. Hinkly and Stanton Hinkly, to recover $7,500 for the wrongful death of plaintiff’s intestate.

After the former appeal reported in 114 Minn. 1, 130 N. W. 250, plaintiffs were allowed to amend their complaint as stated on page 391, infra.

Defendant was indicted by tbe grand jury of Steele county, and, after trial in the district court for that county before Childress, J., convicted of grand larceny in the first degree. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Todd county to determine adverse ■claims to certain vacant and unoccupied real estate. The defendants Freeman, Getchel and D. M. Campbell, as special administrator of fhe estate of John O. McClure, deceased, in their separate answer .alleged that defendants Freeman, Getchel and John O. McClure, were sole owners of the real estate described as children and devisees •of Clara O. McClure, deceased.

Action in the district court for Ramsey county by the administrator of the estate of Richard S. Popular, deceased, to recover $25,000 for the wrongful death of his intestate. The issues submitted to the-jury are given in the second paragraph of the opinion. The case was tried before Dickson, J., who, when plaintiff rested, denied defendant’s motion to dismiss the action and, at the close of the testimony, defendant’s motion to direct a verdict.

The Minnesota & Ontario Power Company appealed to tbe district court for Koochiching county from a reassessment made by the Minnesota Tax Commission upon its property in International Falls, in that county, under the provisions of Laws 1909, p. 343, c. 294, on numerous grounds, one of which was that the tax commission had no jurisdiction to make such reassessment and another of which was that the reassessment was not in fact made by the tax commission or by anyone having…

Action in the district court for St. Louis county to recover $3,000 for personal injury while in defendant’s employ. The complainant alleged that the action was brought under sections 7686 to 7691, both inclusive, and of chapter 38, and the Fellow Servant Act of 1907, (c. 203) of the state of North Dakota.

Action in the district court for St. Louis county to recover $4,500-damages for fire set by defendant’s locomotive. The answer alleged that plaintiff made claim against the Adriatic Mining Company for property consumed by a fire started from its steam shovel, which fire was the same referred to in the complaint, and thereupon plaintiff and the mining company adjusted plaintiff’s claim for damages- and paid plaintiff a valuable consideration in settlement.

Action in the district court for St. Louis county to recover $15,800“' for personal injury caused by a collision between an automobile1 which plaintiff was driving and defendant’s street car.

Action in the district court for St. Louis county by the widow of Jonas Koski against Mary Pakkala, as administratrix of the estate of Axel Pakkala, deceased, and the Bankers Surety Company of Cleveland, Ohio, to recover $2,000. Defendants demurred separately to the amended complaint. From an order overruling the demurrers, Dancer, J., defendants appealed.

Action in the district court for Carlton county to recover $1,800 for loss of services of, and medical attendance furnished to plaintiff’s minor son, occasioned by an injury alleged to have been caused because of his intoxication with liquor illegally sold him by defendant. The facts are stated in the opinion. The case was tried before Cant, J., and a jury which returned a verdict of $533 in favor of plaintiff.

Action in the district court for Blue Earth county to recover $208 upon a promissory note. The case was tried before Pfau, J., who, at the close of the testimony, denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, it appealed.

Action in the district court for Itasca county by the administrator of the estate of A. O. Clyde, deceased, against the Orth Lumber Company and E. M. Grimm to recover $5,000 for the wrongful death of plaintiff’s intestate. Erom an order, Stanton, J., overruling defendants’ demurrer to the complaint, it appealed.

Bobert Heilman, a legal voter of Lyon county, appealed to the district court for that county from the decision of the state canvassing board declaring that I. M. Olsen had received the highest number of votes cast for judge of the Ninth judicial district at the November, 1912, election, and that by reason thereof he was duly elected judge of that district.

Action in the district court for Le Sueur county to recover posses*sion of a strip of land described in the complaint and the sum of $100 damages for the withholding thereof.

Action, in tbe district court for Itasca county to recover $5,000 for personal injury while in the employ of defendant. The complaint, among other matters, alleged that defendant ordered plaintiff and its other servants to work rapidly and with great and unusual haste, and pursuant to such orders they did so work.

Action in the district court for Hennepin county against Edna D. Kruse, the Radisson Shop Company, the trustee in bankruptcy of that company, and others, to obtain judgment against certain of the defendants for $856.56 and foreclose a lien for the same upon certain premises.

Action in the district court for Itasca county to recover $5,366.58, excess charges made by defendant carrier against plaintiff over and above the amount charged the Itasca Lumber Company for similar shipments between the same points. Defendant demurred on the grounds (1) that the court had no jurisdiction of the subject matter of the action and (2) that the complaint did not state facts sufficient to constitute a cause of action against defendant.

Action in the district court for Hennepin county to recover $1,000 for damage to plaintiff’s property while a tenant of defendant. The answer admitted the allegations concerning the lease and denied the other allegations. The case was tried before Steele, J., who, at the close of plaintiff’s case, denied defendant’s motion to dismiss the action and, at the close of the testimony, a motion to direct a verdict in favor of defendant.

Action in the district court for Blue Earth county to recover $3,-000 for personal injury to plaintiff’s infant son. The negligence charged is stated in the opinion.

Action in the district court for Pipestone county to recover $10,230 for personal injury. The facts are stated in the opinion. The answer alleged that, if plaintiff were injured, his injury resulted solely and proximately as the result of his own lack of care and by means of his own negligence.

Case followed. Action in the district court for Lac qui Parle county to determine adverse claims to certain real estate. The case was tried before Powers, J., who made findings of fact and as conclusion of law found that plaintiff was the owner in fee, subject to the lien of defendant acquired under a certain execution sale. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Defendant was convicted in the municipal court of Minneapolis of violating an ordinance of that city. The facts are stated in the opinion. Defendant’s motion to set aside the judgment and grant a new trial was denied, O. L. Smith, J. From the order denying a new trial, defendant appealed.

Action in the district court for Washington county to recover $200, the value of two colts which escaped through a fence negligently destroyed by defendant and were killed by its train. The answer was a general denial. The case was tried before Stolberg, J., in the absence of defendant, and a jury which returned a verdict for the amount demanded.

Action in the district court for Swift county to recover $1,498 for certain, goods, wares and merchandise. The answer was a general denial. The ease was-tried before Qvale, J., who directed a verdict in favor of plaintiff for the amount demanded. From an order denying defendant’s motion for a new trial, he appealed.

Case followed. Upon the petition of John Murphy, the district court for Hennepin county issued its writ of habeas corpus requiring Frank McDonald, superintendent of the Minneapolis workhouse, to show cause why he retained Alice Kent in custody. The return to the writ showed that the detention was by virtue of a commitment, a copy of which was attached to the return.

Case followed. Upon the petition of Louis Kurille, the district court for Hennepin county issued its writ of habeas corpus requiring Prank McDonald, superintendent of the Minneapolis workhouse, to show cause why he retained Irene Murphy in-custody.

Action in the district court for Ramsey county to foreclose an unrecorded mortgage by a sale of the mortgaged premises.

Action in the district court for Lac qui Parle county to restrain defendant village and members of the village council from granting an application for license to sell intoxicating liquor for the year beginning April 1, 1912. The case was tried before {¡¡vale, J., who made findings and ordered judgment in favor of plaintiff. Prom the judgment entered pursuant to the order for judgment, defendants appealed.

<p>Suspension of attorney.</p> <p>The State Board of Law Examiners, by one of its members, petitioned this court that Frank Elbert Downey be disbarred from practicing law in the courts of this state because of wilful misconduct in his profession in having appropriated various sums of money which he had collected for various clients, as specifically enumerated in the petition. The petition was personally served upon said Downey on September 16, 1912.</p>

Action in the municipal court of St. Paul to recover $500 for the conduct of defendant’s conductor in accusing plaintiff of fraudulently attempting to procure a ride on its car without paying her fare. The answer admitted that plaintiff boarded a car and presented an invalid transfer to the conductor in payment of her fare and that he refused to accept it, hut denied the other allegations of the complaint.

Action in the district court for Le Sueur county to recover $3,726 upon a judgr rnent rendered against defendant in a circuit court in the state of Illinois. The substance of the answer is given in the opinion. The case was tried before Morrison,. J., who granted defendant’s motion to dismiss the action. From an order denying their motion for a new trial, plaintiffs appealed.