Volume 122 — Minnesota Reports

Action in the district court for Koochiching county to determine that defendants had no title to vacant and unoccupied land.

Action in the district court for St. Louis county to recover $15,000 for personal injury received while in the employ of defendant. The facts are stated in the opinion.

Action to recover $66.40 for goods sold and delivered. The case was transferred to the district court for Dakota county and tried before Hodgson, J., who made findings and ordered judgment in favor ■of defendants. Erom an order denying plaintiff’s motion for a new trial, it appealed.

A petition for a change of highway was granted by the board of commissioners of Otter Tail county, and all that part of the road which lay between the point of beginning and the point of termination of the changed road vacated. Erom the order of the board R. Obert and J. W. Nelson appealed to the district court for Otter Tail county.

Action in the district court for Rock county to cancel certain so-called promissory notes described in tbe complaint, and to restrain defendant from any further prosecution of any action on such notes in tbe supreme court of New Jersey or elsewhere, until tbe final determination of tbis action. Tbe plaintiff obtained an order to show cause why a restraining order should not be made.

Action in tbe district court for Itasca county to recover $35,000 for personal injury received while in the employ of defendant. The answer alleged on information and belief that plaintiff’s injury was the result of his own negligence and that of a coemployee, or was the result of risks and dangers incident to the work in which plaintiff’ was engaged, all of which were understood and appreciated by him and voluntarily assumed.

Action in tbe district court' for Pennington county to restrain defendant city, its officers, and the Tri-State Telephone Company, from entering into a proposed contract for the construction and operation of a telephone system within the city. From an order sustaining the demurrers of defendants to tbe complaint, plaintiff appealed.

Action in tbe municipal court of Minneapolis to recover $280 for breach of an oral contract. The facts are stated in the opinion. The case was tried before Montgomery, J., and a jury which returned a verdict in favor of plaintiff for $250. Erom an order denying defendant’s motion for a new trial, he appealed.

Action in the municipal court of Minneapolis to recover $495. The case was tried before Charles L. Smith, J., who directed a verdict in favor of defendant, and judgment was entered pursuant to the verdict. Erom an order denying plaintiff’s motion to vacate the judgment and for a new trial, he appealed.

Action in the district court for Waseca county to recover $7,500 for the death of plaintiff’s intestate.

Action in tbe district court for Ramsey county to recover $5,0Y5 for personal injury. The complaint alleged that defendant negligently allowed the railing upon the stairway to become so worn, rotten and defective as to become dangerous to the life and limb of any person having occasion to use the stairway, which defective condition was known to defendant but unknown to plaintiff.

From an order of the clerk of the district court for Le Sueur county taxing plaintiff’s costs and disbursements at $56.17 and refusing to tax defendant’s costs and disbursements, defendant appealed to the court.

Defendant railway company appealed to the district court for Todd county from an order of the Railroad and Warehouse Commission ordering defendant to erect a six ton platform scale in its stock yards at its station at Bertha. The appeal was heard before Nye, J., who made findings and affirmed the order of the commission. From the order of the district court, defendant appealed.

Action in the district court for Otter Tail county to restrain defendant school district and its officers from issuing and negotiating-the bonds of the school district, from levying or collecting any taxes, for the purpose of payment of the bonds, from abandoning the present, sehoolhouse site and the sehoolhouse thereon, and from building a new sehoolhouse upon the site described in the complaint.

Action in tbe district court for Hennepin county to recover $8,-150, alleged to be one-half of the net proceeds which plaintiff and defendant would have made by a sale of certain premises which defendant agreed to purchase from one Grant.

Action in the district court for St. Louis county against John Christie and others, and the Modern Samaritans, a corporation, to restrain defendant corporation and the individual defendants from interfering with certain other persons in the discharge of their duties as officers of the corporation.

Plaintiff obtained from the district court for Marshall county an order directing Gay Halvorson, his attorney, to show cause why an order should not be made compelling him to account to plaintiff for the money received from defendant and that he pay over to plaintiff ■one-half of the total amount received and in addition thereto an amount sufficient to pay the bill of a certain physician.

Defendant was indicted by tbe grand jury of Hennepin county of the crime of manslaughter in the first degree, in causing the death of a woman by the use of instruments in attempting to procure an illegal abortion, and was convicted in the district court of that county after a trial before Steele, J., and a jury. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Hennepin county by H. E. Eryberger and A. P. Peterson, as trustees and also individually, against Swan Anderson, Isaac Ekberg, individually and also as trustee, and 16 other defendants. The facts are stated in the opinion.

Action in the district court for Olay county to recover $2,995 for personal injury at a highway crossing of defendant’s railway. The answer denied that the collision was caused by any negligence on the part of defendant’s employees and alleged that the injuries were caused by plaintiff’s negligence.

Action in tbe district court for Ramsey county to recover $32,426.-82, unpaid taxes upon tbe gross earnings of defendant companies at tbe rate of four per cent, with tbe statutory penalty of five per cent added. Tbe facts are stated in tbe opinion. Tbe case was tried before Olin B. Lewis, J., who made findings of fact and ordered judgment in favor of defendants. Erom tbe judgment entered pursuant to tbe order for judgment, plaintiff appealed.

Action in the district court for Redwood county to recover $408.35, overpayments to defendant upon monthly bills for electric current furnished under a written contract. The case was tried before Olsen, J., who made findings of fact and ordered judgment in favor of plaintiff for $314.11. Erom an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Sibley county against defendant McMabon and the sureties upon bis bond as administrator de bonis non with the will annexed of the estate of Thomas McMahon, deceased, to recover $453.47, the amount of plaintiff’s claim against the estate which had been allowed by the probate court of that county.

Action in the district court for Ramsey county to recover $1,000 upon a benefit certificate of defendant. The facts are stated in the opinion. The case was tried before Kelly, J\, and a jury which returned a verdict in favor of defendant. Erom an order granting plaintiff’s motion for a new trial, defendant appealed.

Defendant appealed from justice court to the district court for Sibley county. The appeal was tried before Morrison, L, who denied defendant’s motion for a directed verdict and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for judgment notwithstanding the verdict was granted. From the order granting the motion, defendant appealed.

Action in the district court for Chippewa county to recover $396 for work, labor and material furnished in building two bridge piers. The answer alleged payment to plaintiff of the agreed contract price for the construction of the piers and in full for extra work and material furnished, and denied the allegations of the complaint.

Action in the district court for Murray county to recover $1,116, because of false representations that the land conveyed to plaintiff contained 160 acres when in fact it contained only 145 acres. The facts are stated in the opinion.

Albin Johnson appealed to the district court for Chisago county from the order of the town board of defendant town refusing to lay out a roadway prayed for in his petition. The appeal was heard before Stolberg, J., and a jury who found in favor of appellant that the proposed road be laid out as prayed for in his petition. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

C. O. Moon, contestant, appealed to the district court for Beltrami county from the decision of the county canvassing board declaring J. O. Harris duly elected at the November, 1912, election to the office of register of deeds in that county by a plurality of five .votes. The contestee, Harris, appeared specially and objected to further proceedings in the contest on the ground that the court had no jurisdiction ■of the contest.

Action in the district court for Bamsey county against J. W. Cunningham and the city of St. Paul to recover $18,500 for injury received by falling upon a slippery and dangerous coal-hole cover in the sidewalk in front of defendant Cunningham’s building. The separate answer of defendant Cunningham alleged that the iron cover had a rough surface and was at all times safe, and' not smooth or dangerous, and alleged that defendant’s negligence contributed to his injuries.

W. T. Hanford appealed to tbe district court for Freeborn county from tbe action of tbe village council of Alden, declaring tbe result at the March, 1913, election on tbe question of license for tbe sale of intoxicating liquors in tbe village, to be in favor of license.

Action in the district court for Lincoln county to recover $5,125 for defendant’s negligence as a physician and surgeon in his care of plaintiff. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. From an order, Olsen, J., overruling the demurrer, defendant appealed.

Action in the district court for Wilkin county to recover $5,200 for personal injury. The answer alleged upon information and belief that any injury sustained by plaintiff was caused by his contributory negligence and not by any negligence on the part of defendant. A motion for judgment on the pleadings for want of a reply or a demurrer on the part of plaintiff to the new matter in the answer constituting a defense was granted.

After the former appeal, reported in 116 Minn. 358, 133 N. W. 977, judgment was entered as stated in the opinion (page 160, infra). Plaintiff then demanded a second trial of the action, which was denied. Defendants moved to strike the demand for a second trial from the files and the motions were granted, Waite, J. From the order granting the motions, plaintiff appealed.

Upon tbe petition of relator the district court for Kainsey county •granted its alternative writ of mandamus, directing defendant railway company to forthwith construct a double track line of street railway, with all necessary appliances for the operation thereof, upon St. Clair street from West Seventh street to Oxford street, in the city of St. Paul, and to connect the tracks with those on West Seventh street, and when so constructed to run and operate cars over the same,…

Action in the district court for St. Louis county by the administratrix of the estate of Timothy Demerce, deceased, to recover $7,500 for the death of her intestate. The facts and negligence alleged are ■stated in the opinion. The answer specifically denied that any of ■defendant’s cars or the couplings thereof were out of order, or that it was guilty of negligence in any manner, and alleged that the decedent was injured through his own negligence.

Action in tbe district court for Watonwan county to recover $2,000 for slander. Tbe facts are stated in tbe opinion. Tbe case was tried before Pfau, J., wbo denied plaintiff’s motion for an instructed verdict in sucb sum as tbe jury deemed proper, under tbe instructions of tbe court, and a motion by defendant for an instructed verdict in bis favor, and a jury wbicb returned a verdict for $275 in favor of plaintiff.

Action in the district court for Cottonwood county for restitution of premises and the sum of $300 damages for the withholding thereof. The facts are stated in the opinion.

Action in the district court for Bamsey county to recover $1,760 upon a bank check. The facts are stated in the opinion. The State Bank of Halstad, substituted as defendant in place of the State Bank of Culbertson which had paid into court the amount demanded, moved to set aside the judgment entered by default, and to be permitted to defend the action. The motion was granted, Olin B. Lewis, J. Erom the order granting the motion, plaintiffs appealed.

Frederick D. Owsley, having filed in the probate court for St. Lonis county a renunciation of tbe provision made for bim by bis wife, Marie M. Owsley, in ber last will and testament, petitioned tbat court to determine petitioner’s rights in the estate and to assign and distribute tbe estate to tbe persons entitled thereto.

Action in the district court for Watonwan county to recover $5,~ 470 for fraudulent representations in the sale of land. The facts are stated in the opinion. The case was tried before Pfau, J., who-submitted 5 special questions to a jury and made findings and ordered judgment for $2,800 in favor of plaintiff. Defendant’s motion for additional findings was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in tbe district court for Blue Earth county to.recover $3,-900 for breach of warranty upon the sale of a boat dredge. The answer alleged that the machine was constructed in accordance with the contract and specifications and defendant complied with all the other requirements of the contract and alleged that plaintiffs accepted the machine and operated it in the year 1911.

Action in the district'court for Morrison county to recover $300 Nffpon a promissory note sold and indorsed to plaintiff before maturity. The facts are stated in the opinion.

Action in the district court for Kamsey county by tbe brother and sisters of John A. Devaney, deceased, to recover $1,000 upon defendant’s benefit certificate upon his life. The answer set up the payment of the amount by defendant to John Heinen, as special administrator of the estate of decedent, who surrendered the benefit certificate and delivered his receipt as such administrator to defendant. John Heinen, as administrator, was brought in as an additional party defendant.

Action in the district court for Rock county to recover possession of certain personal property or $257, the value thereof. The answer alleged the property was taken by defendant, as deputy sheriff, under a writ of execution duly issued by a justice of the-peace.

Action in the district court for Pennington county to determine adverse claims to certain real estate. The facts are stated in the opinion. The case was tried before Grindeland, J., who denied defendant’s motions to dismiss, made findings, and ordered judgment that defendants Erickson were the owners in fee and entitled to the immediate possession of the land described. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in tbe district court for Hennepin county to recover $10,000 for malicious prosecution and loss of employment in consequence thereof. The facts are stated in the opinion. The case-was tried before Dickinson, J., and a jury which returned a verdict of $1,500 in favor of plaintiff. Erom an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Goodhue county to recover $600. Defendant appeared specially and moved to set aside a pretended service of the summons and complaint. From an order denying the motion, defendant appealed.

Action in the district court for Ramsey county by tbe receivers of tbe Empire Casualty Company, a foreign corporation, tp recover $974.79. Erom an order, Brill, J., overruling bis demurrer to tbe amended complaint, defendant appealed.

Action in tbe district court for 'Renville county to recover $157.50 for instruction furnished certain nonresident pupils in the agricultural and industrial departments of defendant’s high school. From an order Powers, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the district court for Hennepin county to recover upon three promissory notes. The facts are stated in the opinion. The case was tried before Steele, J., who at the close of the testimony denied the motion of defendant Anna Sheridan to direct a verdict in her favor, and a jury which returned a verdict in favor of plaintiff for $919.75. Erom an order denying her motion for judgment notwithstanding the verdict or for a new trial, defendant Anna Sheridan appealed.

After tbe former appeals reported in 111 Minn. 418, 127 N. W. 395, 923, 115 Minn. 491, 132 N. W. 992, 118 Minn. 273, 136 N. W. 738, the action was tried on tbe plea of abatement set ont in tbe answer to tbe third amended complaint, before Hale, J., who made findings and ordered judgment dismissing tbe action. From an order granting plaintiff’s motion for a new trial, defendant appealed.

Action in the district court for Le Sueur county to recover $1,000 upon the benefit certificate of defendant association, known as the 'Zapadni Oesko-Bratrska Jednota, upon the life of Benjamin S. Vanaseis. The case was tried upon stipulated facts before Morrison, J., who made findings and ordered judgment in favor of plaintiff. Erom an order granting the motion of Thomas E. Vanasek, intervener, for a new trial, plaintiff appealed.

Upon the petition of the relator, the city of St. Paul, the district court for Ramsey county granted its alternative writ of mandamus directing defendant railway company to proceed forthwith to depress its tracks at the point where they cross West Seventh street in that city, in accordance with the provisions of its ordinance No. 3013, or show cause why it had not done so.

Action in the district court for Marshall county to recover judgment against defendant Boyce for $418.15 and to foreclose a certain chattel mortgage upon certain animals and crops.

Action in tbe district court for Ramsey county to recover $2,077 upon tbe written instrument set out in tbe opinion. Tbe answer contained certain allegations referred to in tbe opinion on page 291, infra, in support of wbicb testimony, not considered by tbe trial court, was received.

Action in tbe district court for Wright county to rescind a land contract and to recover $2,000 paid upon the purchase price, together with $1,000 damages. The substance of the defense is stated in the opinion. The case was tried before Waite, J., who made findings and ordered judgment in favor of plaintiff for the sum of $2,000. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $3,000. The facts are stated in the opinion.

Action in tbe district court for Eamsey county to recover $1,000 upon defendant’s benefit certificate upon tbe life of plaintiff’s mother. Tbe substance of tbe defense is stated in tbe opinion. Tbe case was tried before Hallam, J., and a jury wbicb returned a verdict in favor of plaintiff for tbe amount demanded. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Ramsey county against defendant Enge and Massachusetts Bonding & Insurance Company to recover $2,519.21 from defendant Enge and $2,000 from defendant company. Defendant company demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action against it. From an order overruling the demurrer, Kelly, J., defendant company appealed.

Action in the district court for Hennepin county by the mother of John Berg, a minor, to recover $10,300 for injury to her son in a so-called bark machine or conveyor. The case was tried before Dickinson, J., who at the close of plaintiff’s testimony and at the end of the case denied defendant’s motions for a directed verdict, and a jury which returned a verdict of $775 in favor of plaintiff.

<p>«Complaint — allegations oí negligence.</p> <p>1. In this a personal injury action, the complaint contained sufficient allegations of negligence, and the objection to the reception of any testimony thereunder was rightly overruled.</p> <p>Baseball game — duty to spectators.</p> <p>2. One who maintains grounds to which the public is invited to witness games of baseball is not an insurer against the dangers incident to witnessing the game, but is required to use the care and precaution of the ordinary prudent person to protect the spectators against such dangers. He is not required to anticipate the improbable.</p> <p>Same — choice of seats by spectators.</p> <p>3. Persons who know and appreciate the danger from thrown or batted balls assume the risk, and they cannot claim the management guilty of negligence when a choice is given between a seat in the open and one behind a screen of reasonable extent.</p> <p>‘Question for jury.</p> <p>4. It is a question for the jury what precaution and care should be taken by the management of a baseball' exhibition to warn and safeguard the spectators against the dangers incident to the game.</p> <p>Special damages.</p> <p>5. If plaintiff prevailed, she was entitled to recover as special damages the reasonable value of the nursing necessitated on account of the injuries,' notwithstanding such nursing was rendered by a member of the family without expectation of payment.</p> <p>Evidence admissible.</p> <p>6. Evidence that in conspicuous places in the grand stand were signs in large letters, stating that the management will not be responsible for injuries received from thrown or batted balls, was admissible as tending to prove a precaution taken to warn spectators of the perils.</p> <p>Note. ■— As to the liability of one- maintaining place of amusement to which the public are invited, for safety of patrons, see notes in 3 L.R.A.(N.S.) 1132; 19 L.R.A.(N.S.) 772; 32 L.R.A.(N.S.) 713; and 42 L.R.A.(N.S.) 1070.</p> <p>Charge to jury.</p> <p>7. Parts of the charge held objectionable though not perhaps sufficient to require a reversal.</p>

Action in tbe district court for St. Louis county to recover $1,704 for wrongfully canceling defendant’s contract with plaintiff and preventing him from fulfilling it. The case was tried before Hughes, J., who at the close of the testimony denied defendant’s motion for a directed verdict and a jury which returned a verdict of $673 in favor of plaintiff. 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 Jackson county against Scott Searles and Henry A. Rhodes to recover $10,000 for maliciously procuring the board of education of a certain school district to annul its contract with plaintiff. The case was tried before Quinn, J., who at the close of plaintiff’s case denied defendants’ motions to dismiss the action and at the close of the trial defendants’ motions for a directed verdict in their favor.

Upon tbe relation of W. J. Armstrong Oo. tbe district court for Waseca county granted its alternative writ of mandamus requiring defendant city and its water and light board to furnish to relator the electric power required in relator’s bottling works, or show cause why it had not done so. The substance of the respondent’s return is stated in the opinion. The matter was heard before Childress, J., who made findings and discharged the writ.

Susanna Spitzhalc appealed from a judgment in justice court to the district court for Stearns county. When the case was called for trial, defendants moved for a dismissal of the appeal and the motion was denied. The case was then tried before Nye, J., who made findings of fact and ordered judgment in favor of plaintiff or, in case possession of the personal property could not be obtained, judgment in the sum of $25.

Action in tbe district court for St. Louis county to restrain defendants from voting certain stock of plaintiff corporation, evidenced by certain certificates field by defendants Rossman and McAlpine, at tfie annual meeting to be field August 1, 1911, and to fiave certain transactions mentioned in tfie opinion declared null and void and for otter relief. Tfie facts are stated in tfie opinion.

Action in the district court for Hennepin county by the administrator of the estate of Mark McDonnell, deceased, to recover $5,000 for the death of his intestate. The facts are stated in the opinion. The case was tried before Dickinson, J., who denied defendant’s motions for a directed verdict and a jury which returned a verdict for $3,500 in favor of plaintiff. 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 Benton county to recover $2,078.30 for breach of contract to convey certain premises pursuant to a contract of purchase. The answer admitted there was a public highway across a portion of the premises described in the contract and alleged that, prior to the execution of the contract, plaintiff had notice of the existence of the highway.

Action in the district court for Waseca county to recover $3,000. Defendant company demanded a transfer of the action from the county of Waseca to the county of Hennepin.

Action in the district court for St. Louis county to recover $1,-521.77. From an order overruling separate demurrers to the complaint, defendants appealed.

<p>Consolidation of school districts — appeal from order.</p> <p>1. An appeal from an order denying a new trial in proceedings for the consolidation of school districts ixnder the provisions of chapter 207, Laws 1911, held to have been seasonably taken, since the order of the district court directing a dismissal of the appeal from the order of consolidation was not a final order.</p> <p>Statute constitutional.</p> <p>2. The statute above referred to held not unconstitutional, as an attempt to confer upon the courts questions of purely legislative character.</p> <p>Jurisdiction of district court — delegation of authority.</p> <p>3. While the formation and organization of school districts and the consolidation thereof under the statute cited, is legislative, the statute properly confers upon the court, by way of appeal, authority to determine questions affecting the jurisdiction of the officers charged with the duty of organization, and with the power to determine whether a particular consolidation of districts is arbitrary, and unreasonably injurious to the rights of those affected thereby.</p> <p>Petition for election jurisdictional.</p> <p>4. The petition for an election on the question of consolidation is jurisdictional, and must, to confer authority to call an election, be signed by the number of legal voters required by the statute, namely “at least twenty-five per cent.”</p> <p>Same.</p> <p>5. A petition signed by less than the required number is ineffectual for any purpose, and confers no jurisdiction to call or hold the election.</p> <p>.Estoppel.</p> <p>6. Those who oppose the consolidation are not estopped to question the validity of the same by participating in the election.</p>

J. M. Cunningham and Edmund O’Connor appealed to the district court for Big Stone county from an assessment of benefits and award of damages in proceedings to establish Judicial Ditch No. 4 in the counties of Traverse and Big Stone. The appeals were heard before Elaherty, J., and a jury which assessed the benefits against certain specified parcels of land and found that other parcels of land were not damaged.

Appeal by defendant from an order of the district court for Traverse county denying defendant’s motion to vacate a judgment and grant him leave to defend the action on the merits.

Action in the district court for Hennepin county against defendant lumber company, William O’Brien and E. W. Bonness to recover $20,305.81 upon the bond of defendants for the faithful performance by defendant corporation of the terms of a certain logging permit.

Three actions for partition in the district court for Pipestone county. The cases were tried before Nelson, J., who made findings and ordered judgment in favor of intervener Asiesen in one case and of the defendants.in the other cases. Prom orders denying new trials, plaintiff appealed.

Action in the district court for Ramsey county to require defendants to redeem a certain alley mentioned in the opinion from an assessment sale and adjudge that the certificate of sale be canceled, ■and as between the parties to the action be a payment merely of the .assessment. The facts are stated in the opinion. The case was tried before Brill, J., who made findings and ordered judgment in favor of plaintiffs.

Action in the district court for Goodhue county to recover $6,000 for personal injury received while in the employ of defendant. The answer specifically alleged that whatever injury plaintiff sustained was due to contributory negligence on his part and without any negligence whatever on the part of defendant. The case was tried before Johnson, J., who denied defendant’s motions to dismiss, and a jury which returned a verdict for $2,750 in favor of plaintiff.

Action in tbe district court for Bamsey county to determine adverse claims to real estate occupied by plaintiffs as their homestead. The facts are stated in the opinion. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment that defendant was entitled to have its deed reformed to express the fact it was intended to be a mortgage to secure the sum of $2,190 and for foreclosure of the same by sale of the premises.

Action in tbe district court for Ramsey county to recover $2,900 for defendant’s negligence in tbe construction and maintenance of certain telephone lines, to have defendant ordered to remove the wires, and to restrain it from further injuring the trees on the boulevard in front of plaintiff’s premises. The answer was a general denial. The case was tried before Olin B. Lewis, L, and a jury which returned a verdict of $300 in favor of plaintiff.

John W. McLaughlin appealed to the district court for Chisago county from the result declared on the question of issuing license to sell intoxicating liquors at the annual 1913 election for the village of Eush Oity. The village of Eush City appeared as contestee and served an answer to the petition of the contestant on appeal. The court appointed inspectors for the examination and recount of the ballots.

After tbe former appeal reported in 109 Minn. 219, 123 N. W. 821, tbe case was tried before Steele, J., wbo made findings and or•dered judgment in favor of defendant. Plaintiff’s motion to amend fbe findings of fact was denied. Prom an order denying plaintiff’s motion for a new trial, it appealed.

Action in the district court for Stearns county by the trustee in bankruptcy of the Preiss & Wimmer Brewing Co. to recover $7,-409.06. Prom an order overruling defendant’s demurrer to the ■complaint, he appealed.

Action in the district court for St. Louis county to recover $12,000 for personal injury received while in the employ of defendant.

Action in the district court for St. Louis county against L. B. Manley, James A. McLennan and Philip. G. ILyde for an accounting for all moneys or properties received by them as compensation for effecting a sale of certain mining properties and to require defendants Manley, McLennan and Llyde to pay any sums which might remain unpaid on the notes executed by plaintiff and guaranteed by Manley and Hyde, and to discharge plaintiff from any liability on either of such notes.

Action in the district court for. Pennington county to recover $1,150, the value of goods delivered to defendant for shipment from Kindred, North Dakota, to Thief River Kails and destroyed in transit. The answer denied that plaintiff had suffered damage by reason of any negligence as a common carrier on defendant’s part.

Action in the district court for Ramsey county to recover $75,000 for personal injury received while in defendant’s employ. The action was brought under the laws of Wisconsin 1907, c. 254 [see Wis. St. 1911, § 1816, subd. 9]. The answer alleg'ed that whatever injuries were received by plaintiff were caused by his own negligence and not as a result of negligence on the part of defendant.

Mary Whipple Buck petitioned the probate court for Dodge -county to allow and admit to probate the last will and testament of Lewis Buck, her husband, and to be appointed executrix thereof. Dennis Buck filed objections to the allowance of the will.

Action in the district court for Hennepin county to recover $6,335 for personal injury received while in the employ of defendant. The case was tried before Hale, J., who at its close granted defendant’s motion to direct a verdict in its favor. From an order denying plaintiff's motion for a new trial, he appealed.

Action in the district court for Ramsey county to recover $1,500. The facts are stated in the opinion. Erom an order sustaining plaintiff’s demurrer to a portion of the answer, defendant appealed.

Defendant was indicted by the grand jury of Polk county for the crime of grand larceny in the first degree, was tried in the district court for that county before Watts, J., and a jury which found defendant guilty as charged in the indictment. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Traverse county to enjoin defendants from trespassing upon defendant’s property and to recover $200 damages. The case was tried before Flaherty, J., who made findings and ordered judgment that plaintiff was entitled to a permanent' injunction against defendants Isaacson.

James E. Jenks, a member of the State Board of Law Examiners, complained to this court that Thomas Y. Novotny had been guilty of wilful misconduct in his profession, specifying the matters referred to in the opinion, and others, and prayed for his removal from office as an attorney at law. Defendant filed an answer to the charges. A referee was appointed, who took and reported the testimony.

Defendant was indicted for the crime of highway robbery, tried1 in the district court for Hennepin county before Hale, J., and a. jury, and convicted. From the order denying defendant’s motion for a new trial and from the judgment of conviction, he appealed-

Action in the district court for Martin county against defendant Davison, and the sureties upon his official bond as engineer in the construction of a certain judicial ditch, to recover $671.45. From an order, Quinn, J., overruling defendants’ demurrer to the complaint, they appealed.

Action to recover $112,000 for the pollution of plaintiff’s spring. The case was tried in the district court for Hennepin county before Hale, I., who made findings and ordered judgment for $31,339.50 in favor of plaintiff. Defendant’s motion to amend the findings of fact was denied. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Eamsey county to recover $25,000 for personal injury received while in the employ of defendant.

Action in the district court for Ramsey county to recover $5,000 for slander. The case was tried before Dickson, J., and á jury which) returned a verdict for $1,500 in favor of plaintiff. From an order denying defendant’s motion for a new trial, lie appealed.

The issues raised by intervener’s complaint in intervention and the answer thereto in an action in the municipal court of Minneapolis were tried before O. L. Smith, J., and a jury which answered in the negative the question whether the assignment to the intervener was made in good faith. -Plaintiff appealed from an order setting aside the verdict and granting intervener’s motion for a new trial.

Action in the district court for Lyon county to recover $110 for work and labor. The facts are stated in the opinion. The case was tried before Olsen, J., who denied defendant’s motion to direct a verdict in his favor, and a jury which returned a verdict for $121.27 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial,, he appealed.

Action in the district court for St. Louis county to recover $1,000 for slander. Defendant’s demurrer to the complaint was overruled. Prom the order overruling the demurrer, defendant appealed.

From an order of the district court for Hennepin county, Steele, J., denying deiendant’s motion to suppress the settled case and strike it from the records, defendant appealed.

Action in the district court for Hennepin county to reform a written lease,. The case was tried before Steele, J., who made findings of fact and ordered judgment dismissing the action. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $500 upon a contract. The case was tried before Booth, J., who at the close of plaintiff’s case denied defendant’s motion to dismiss the action, and a jury which returned a verdict of $395.75 in favor of plaintiff. From an order denying the motion for a new trial, defendant appealed.

Defendant was arraigned in the municipal court of .Minneapolis, tried before Charles L. Smith, J., and found guilty of selling intoxicating liquor without a license. From an order denying defendant’s motion for a new trial, she appealed.

Petition to this court hy the secretary of the State Board of Law Examiners for the disbarment of C. D. Bensel. The facts are stated in the opinion.

Action in the district court for Rice county for an accounting of the amount due upon the debt of defendant Kuntze to defendant Juaire and that, upon payment by plaintiff of the amount due, defendant Juaire be required to reconvey certain premises to plaintiff.

After the decision reported in 120 Minn. 427, 139 N. W. 941, respondent and appellant made the motions mentioned in the opinion herewith.

Action in the district court for St. Louis county to require defendant to account for his official conduct in the management of plaintiff’s funds, to remove him from his offices of secretary, treasurer and director of plaintiff, to set aside all unauthorized alienations of property by defendant and, pending the determination of the action, to restrain defendant from voting certain shares of stock.

Action in the municipal court of Duluth to recover $275 for rent of an apartment for five months. The case was tried before Windom, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s, motion for judgment notwithstanding the verdict or for a new trial, he appealed' to the district court for that county, where the appeal was heard before Ensign,. Cant, Dibell and Dancer, JJ., who affirmed the order of the municipal court.