Volume 123 — Minnesota Reports

Action in the district court for Ramsey county by taxpayers and owners of real estate abutting upon Snelling avenue in tbe city of St. Paul, for their own benefit and the benefit of all other property owners similarly situated who desired to join therein, to restrain defendant city and its officers from constructing a pavement upon that part of Snelling avenue described in the opinion, from issuing or selling any bonds on account of that improvement, and for a temporary…

Action in the district court for Hennepin county to recover ownership and possession of one-half of certain real estate or one-half of its value on May 7, 1912. From an order, Jelley, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for Steele county by D. E. Virtue and tbe Owatonna Eanning Mill Company against tbe Creamery Packag'e Manufacturing Company and the Owatonna Manufacturing Company to recover $165,000 actual damages and $60,000 exemplary ■damages, in all $225,000. The case was tried before Childress, J., ■and a jury which rendered a verdict for $57,500 in favor of plaintiffs.

’Action in tbe district court for St. Louis county against tbe city of Virginia and its officers to restrain them from executing and delivering an issue of $450,000 of water and light bonds of defendant city; to enjoin them from carrying out a contract between defendant city and Bolger Mosser & Willaman for the sale of such bonds; and to restrain defendants from carrying out the contract of purchase of a water and light plant with the Virginia Electric Power & Water Company…

The secretary of the state board of law examiners filed a petition praying that Joseph Van Burén De La Motte be removed from his office as attorney at law, specifying the charges upon which the petition was founded. The accused served his answer to the accusation.

Mary Jane Lukes petitioned the probate court for Aitkin county for leave to file a claim against the estate of Nathan Tibbetts. The petition was denied for the reason that the time for filing claims had long since expired, and no reason appeared to the court why the petition should be granted. Petitioner obtained a writ of certiorari from the district court for Aitkin county to review the proceedings of the probate court and thereafter the writ was discharged.

J. B. Arpin. and others, doing business under the firm name of J. B. Arpin Dredging Company, obtained from the district court for Beltrami county a writ of mandamus directing J. L. George, as county auditor of that county, to issue to the dredging company a county warrant upon the drainage, fund for the sum of $9,142.50, or show cause why he had not done so.

Action in the district court for Ramsey county to recover $500 upon a promissory note.

Action in the district court for Hennepin county to recover $250 rent of leased premises for the months of March and April, 1912.

Action in tbe district court for Beltrami county to recover $35,000 for personal injury received while in tbe employ of defendant.. Tbe answer alleged that plaintiff well knew, prior to tbe time of tbe accident, tbe dangers incident to tbe operation of tbe machine for filling bottles, with or without tbe hood or protector thereon, and entered into his employment in c-perating the machine with that knowledge and assumed all the risks incident to it.

Action in the district court for Hennepin county to recover $2,500 for breach of contract and loss of profits. The answer denied all the allegations of the complaint except that which alleged that defendant was the proprietor of the shop in question. The case was tried before Dickinson, J., who at the close of plaintiff’s case denied ■defendant’s motion to strike Exhibit A from the records, and granted defendant’s motion to direct a verdict in his favor.

Upon the relation of C. Beekley the district court for Hennepin county granted a writ of habeas corpus directed to Frank McDonald, superintendent and keeper of the workhouse of the city of Minneapolis. The writ was discharged, Booth, J. From the order discharging the writ, relator appealed.

Action in the municipal court of Minneapolis to recover $295.75 for loss of personal effects delivered to defendant for transportation as passenger’s baggage. The amended answer set out tbe paragraphs from defendant’s schedule, filed with the Interstate Commerce Commission, which are quoted in the opinion.

Action in tbe district court for Ramsey county by the special administratrix of the estate of Eric Uggen, deceased, to recover $5,000 for the death of plaintiff’s intestate.

Action in the district court for Ramsey county in behalf of the minor plaintiff to recover $50,000 for personal injuries received while in the employ of defendant. The facts are stated in the opinion. The case was tried before Brill, J\, who denied defendant’s motion for a directed verdict in it? favor and a jury which returned a verdict for $18,500 in favor of plaintiff.

Action in the district court for Freeborn county to recover $2,000 for personal injury received while in plaintiff’s employ. The facts are stated in the opinion. The case was tried before Kingsley, J., who denied defendant’s motion for a directed verdict in its favor and a jury which returned a verdict for the amount demanded. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Two actions in tbe district court for Ereeborn county, one by the father on behalf of his minor son to recover $5,000 for personal injuries sustained by the latter, and the other by the father on his. own behalf to recover $1,400 for medical expenses incurred and for loss of services of the minor during his minority. The cases were tried together before Kingsley, J., who when plaintiff rested granted defendant’s motion to dismiss the actions without prejudice.

Erom an order of tbe superintendent of schools of Anoka county ordering a consolidation of six school districts in tbe county of Anoka and one district in tbe county of Isanti, L. E. Hitchcock, a freeholder of one of tbe districts, in Anoka county, appealed to tbe district court for that county on the following grounds: (1) .That the superintendent had no jurisdiction to máke tbe order; (2) that be exceeded his jurisdiction; and (3) that tbe order and formation of tbe…

Action in the district court for Hennepin county to recover $4,-'777.03 for breach of contract to deliver lumber. The case was tried .before Jelley, J., who denied defendants’ motion to dismiss the action and their motions to direct a verdict in their favor, and a jury which returned a verdict upon the first cause of action of $2,777, less the sum of $911.59 damages allowed plaintiff for breach of contract, leaving to defendants the sum of $1,865.41.

Defendant was indicted for the crime of incest, tried in the district court for the county of McLeod before Morrison, J., and a jury, and convicted. Erom an order denying defendant’s motion for a new-trial, he appealed.

Action in the district court for St. Louis county against Pittsburgh Iron Ore Company and the Consumers Ore Company to recover $30,-550 for personal injury received while walking on a public highway in close proximity to defendants’ mines.

Action in the district court for Ramsey county against George Thompson and the Dispatch Printing Co. to recover $15,000 for libel.

Action in the district court for Ramsey county by the children of Samuel Schlesinger to recover $2,000 upon defendant’s certificate of insurance upon the life of their father. The case was tried before Hallam, J., who directed a verdict in favor of defendant. From an order denying plaintiffs’ motion for a new trial, they appealed.

Action in the district court for Waseca county to recover $5,000 for disease contracted while exposed to cold awaiting the arrival of defendant’s train at its station at Mason City, Iowa.

Action in the district court for Hennepin county to recover $500 from Hugh K. Scott for neglect of his duty as auditor of Hennepin county and from Henry C. Hanke for neglect of his duty as treasurer of that county. From an order overruling defendants’ demurrer to the complaint, Leary, L, they appealed.

Action in the district court for St. Louis county by the administrator de bonis non of the estate of Philip Vukmirovich, deceased., against V. D. Nickolich and the Massachusetts Bonding & Insurance Co. to recover $1,350.41. The facts are stated in the opinion. The case was tried before Dancer, J., who made findings and as conclusion of law ordered judgment against defendants in the sum of $811.41.

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

Action in the district court for Grant county to recover $31,875 for’ personal injury. Tbe answer set up the contributory negligence and assumption of risk on the part of plaintiff. The case was tried before Flaherty, J., who denied defendant’s motion for a directed verdiet and a jury which returned a verdict of $16,000 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 Ramsey county to recover $10,000 for personal injury received while in the employ of defendant. The case was tried before Gatlin, J., who granted defendant’s motion for a directed verdict. Erom an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Morrison county under R. L. 1905, ?§ 972, to quiet title. The answer of August Berg alleged that he was owner in fee simple of the land described. The case was tried before Nye, J., who made findings and ordered judgment that defendant Berg was owner in fee, subject only to the lien for taxes held by plaintiff, and ordered that the land be sold to satisfy the lien. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Ramsey county to foreclose a •mortgage executed by defendant Gould. The case was tried before Dickson, J., who made findings of fact which are summarized in the •opinion and ordered judgment in favor of defendant White. From .an order denying plaintiff’s motion for a new trial, Orr, J., he appealed.

Action in tbe district court for St. Louis county against Asa Paine and A. M. Russell to recover various sums of money paid to tbem. The facts are stated in the opinion. The case was tried before Dibell, J., who denied separate motions for a directed verdict in favor of each defendant and a jury which returned a verdict of $6,-871.93 against both defendants.

Action in the district court for Ramsey county to recover $25,000 for personal injury. The complaint set out at length section 2071 •of the Supplement to the Iowa Code of 1907, as amended by Laws 1909, c. 124, and section 2072. The facts are stated in the opinion. The answer alleged that plaintiff’s injury was due to his own ■negligence and his failure to exercise ordinary care for his own safety. This allegation of the answer was expressly denied in the reply.

Action in the district court for St. Louis county to recover possession of certain real estate and the value of its use and occupation. The case was tried before Dibell, J., who directed a verdict in favor of plaintiff and a jury which found the value of the land without the improvements to be $9,000. From an order denying defendants’ motion for a new trial, they appealed.

Action in the district court for Iiennepin county against W. P. Mason and the Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co. to recover $1,000 for malicious prosecution. The separate answer of the traction company was a general denial. The case was tried before Dickinson, J., who denied defendants’ separate motions for a directed verdict and a jury which returned a verdict in favor of plaintiff for $250.

Action, in the district court for Washington county by the trustee in bankruptcy of the Washington County Co-operative Co. to recover $100 upon a promissory note made by defendant in favor of the bankrupt company.

Action in tbe district court for Hennepin county against defendant company and Asa Paine to recover $1,900 for conversion of an automobile. The answer denied the allegations of the complaint. The case was tried before Leary, J., who denied defendants’ separate motions for a directed verdict in their favor, and a jury which returned a verdict in favor of plaintiff for $1,317. From an order denying defendants’ separate motions for a new trial, they appealed.

After the former appeal, reported in 119 Minn. 209, 131 N. W. 1101, tbe ease was tried before Nelson, L, who made findings and ordered judgment in favor of plaintiff against defendant surety com-party for $2,650.84. From the judgment entered pursuant to the •order for judgment, defendant surety company appealed.

Action in the district court for Hennepin county against John A. McLeod and the American Surety Co. of New York to recover $3,989.25 upon defendants* bond. The case was tried before Leary, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict against defendant McLeod in the sum of $4,000 and against defendant surety company in the sum of $4,200.

Defendant was indicted, tried in the district court for Hennepin county before Jelley, J., and a jury, and convicted of the crime of advertising and soliciting for divorce business. From the judgment requiring defendant to pay a fine of $200 or in default thereof to be committed to tbe common jail until tbe fine should be paid, tbe term of confinement not to exceed five months in duration, defendant appealed.

Action in the district court for Hennepin county to determine that an ordinance fixing the rates to be charged by plaintiff for gas to defendant city and to private Consumers was unreasonable and void; that the rates were confiscatory and insufficient to afford plaintiff a reasonable return on its plant and property and to restrain defendant city, its officers and agents from completing the publication of the ordinance or from putting it into effect, and for a temporary…

'Action in the district court for St. Louis county by the administrator of the estate of August Lehto, deceased, to recover $5,000 for the death of plaintiff’s intestate. The answer denied that the injury and death of the intestate were caused by any negligence whatever •on its part. The case was tried before Dibell, L, who granted defendant’s motion for a directed verdict. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for St. Louis county to recover $10,000 for personal injury received while in defendant’s employ. From an order overruling its demurrer to the complaint, defendant appealed.

After the former appeal reported in 119 Minn. 531, 137 N. W. 456, the appeal from the order of the probate court allowing the will of Catherine Myler, deceased, was tried in the district court for Kamsey county before Brill, J., who made findings and ordered judgment reversing the order of the probate court. Erom an order denying William D. Kelly’s motion for an order to amend the findings of fact and conclusions of law and for a new trial, he appealed.

Actiou in the district court for Ramsey county to recover $25,000 for personal injury received while in the employ of defendant. The answer denied that the injury was caused by the negligence of defendant or its servants other than plaintiff, and alleged that the accident was caused or contributed to by his negligence. The case was tried before Brill, J., who granted defendant’s motion for a directed-verdict.

Action, for forcible entry and unlawful detainer in the municipal1 court of Minneapolis to recover possession of the premises described in the complaint. Defendant’s motion to dismiss the action was denied, O. L. Smith, J. The case was heard before Bardwell, J., who-made findings and ordered judgment in favor of plaintiff. Erom the.* judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Morrison county to determine adverse claims.

Defendant was indicted for the crime of murder in the first degree, tried in the district court for Hennepin county before Jelley, J., and a jury, and convicted of the crime of murder in the second degree. From' an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Marshall county by the administratrix of the estate of Charles M. Green, deceased, to recover $5,-000 for the death of her intestate and $500 for the destruction of the automobile in which he was riding.

Action in the district court for Murray county to declare void a policy issued by plaintiff upon the life of Lillian Grace Omberson in which defendant was named as beneficiary. From an order, Nelson, J., overruling a demurrer to the complaint and ordering judgment in favor of plaintiff, and granting a temporary injunction against defendant upon plaintiff’s filing an approved bond in the sum of $250, defendant appealed.

Action in tbe district court for Ramsey county to vacate an execution sale of tbe real estate described in tbe complaint. Tbe case was tried before Dickson, J., who made findings and ordered judgment in favor of plaintiff. From an order denying defendant’s motion for a new trial, be appealed.

Action in the municipal court of Minneapolis to recover $160 rent for the months of May, June, July and August, 1912. ■ The-answer was a general denial. The case was tried before Bardwell, J., who made findings and ordered judgment against defendant for the amount demanded. From an order denying defendant’s motion for a new trial, he appealed.

Plaintiff having obtained a decision against defendant in an action for divorce in the district court for Steele county, defendant moved for an order discharging him from the judgment and that the judgment be discharged and satisfied of record. Erom the order denying the motion, Childress, J\, defendant appealed.

Action in the district court for St. Louis county to recover $600 for injury to plaintiff’s premises caused by changing the grade of the ■street in front. Prom an order, Dancer, J., overruling his demurrer to the complaint, defendant appealed.

Action in the district court for Hennepin county to recover $26,300 for breach of promise. The answer alleged that at the suggestion of plaintiff the engagement to marry was canceled and defendant was released from his promise. The case was tried before Dickinson, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $4,500 in favor of plaintiff.

Action in the district court for Ramsey county to recover $3,-114.15', under defendant’s policy of insurance. Among other matters the answer alleged that it was agreed between these plaintiffs and defendant that defendant might appear, through its attorney, for plaintiffs and defend the action for them without prejudice to the rights of defendant to deny any and all liability upon its part to plaintiffs under said policy of insurance.

Action in the district court for St. Louis county by tbe administratrix of the estate of Olof Nilsson, deceased, to recover $5,000 for the death of her intestate while in defendant’s employ.

Action in the district court for Ramsey county against defendant telephone company, F. F. Murray and J. R. Beggs, to recover $1,700 upon a promissory note. The answers of the individual defendants alleged that at the maturity of the note, and without their knowledge and consent, plaintiff extended the time of payment, and it was paid by a renewal note which was in turn paid by a second renewal note.

Action in the district court for Mille Lacs county to recover $3,-075 for malpractice. The case was tried before Nye, J., and a jury which returned a verdict of $1,500 in favor of plaintiff. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to obtain the-removal of obstructions in a highway and reopen it for travel, and to-recover $3,'750. From an order Dickinson, J., overruling defendant’s demurrer to the complaint, he appealed.

Action in the district court for St. Louis county to recover $1,350 upon defendant’s policy of insurance against fire. The case was tried before Dancer, J., and a jury which returned a verdict in favor of defendant. From an order granting plaintiff’s motion for a new trial, defendant appealed.

Action in the district court for Ramsey county. The Philadelphia Casualty Company was served with garnishee summons as a supposed debtor of defendant in that action.

Action, transferred to the district court for Beltrami county, against defendant sheriff and the sureties upon his official bond to recover the sum of $1,000 for personal property taken by him upon a search warrant. The case was tried before Stanton, J., who sustained defendant’s objection to the reception of any evidence under the complaint on the ground that it did not contain facts sufficient to constitute a cause of action.

Action in the district court for Cottonwood county by the assignee of a contract to recover $1,945.80, the price of goods, wares and merchandise sold to defendant Bates. The action was tried before Nelson, J., who denied plaintiff’s motion for a directed verdict, and a. jury which returned a verdict in favor of defendants. Plaintiff’s motion for judgment notwithstanding the verdict or a new trial was denied.

■ IFrom an order of the district court for Hennepin county, Dickinson, J., denying defendant’s motion to discharge the notice of lis pendens, defendant appealed.

Action in tbe district court for Hennepin county to determine adverse claims to certain real property.

Action in the district court for Waseca county to recover $10,560-' for personal injury caused by the negligence of defendant. The answer set up that the injury was caused solely by the negligence of plaintiff, and such negligence was the sole and proximate cause of' the injury.

Action in tbe district court for Beltrami county to recover $3,048.65 for failure of defendant as attorney to foreclose a certain mechanic’s lien. The case was tried before Wright, J., who denied defendant’s motion for a directed verdict and a jury which returned a verdict in favor of defendant.

Two actions in the district court for Rice county, one by the guardian of Margaret Buckley, incompetent, and the other by Julia Ryan, against the same defendant. The eases were tried together upon stipulated facts before Childress, J., who made findings and ordered judgments in favor of plaintiff. Erom orders denying defendant’s motions for a new trial, he appealed.

P. H. Coffey, one of the defendants, appeared specially for the purpose of objecting to the jurisdiction of the court and moved the district court for Hennepin county to vacate the service of the summons. The motion was heard before Hale, J., who denied the same. Prom the order denying the motion, defendant appealed.

Action in the district court for Wright county by the administrator of the estate of Katherine C. Locke, deceased, against J. G. Hayter, James A. Maxwell, Henry II. Schrottky, Fred W. Borchardt and George G. Sawyer, to recover judgment upon a mortgage note; to obtain a decree that the deed from defendant Maxwell to defendant Hayter be adjudged a mortgage and a lien upon the premises described; and to foreclose the mortgage. The facts are stated in the opinion.

Action in the district court for Hennepin county to recover $8,000 as commissions earned under a certain contract.

Action, in the district court for Cottonwood county to recover $100 upon a promissory note. The answer alleged that the note was procured by specified fraudulent representations of one Loffler who •claimed to be a physician. The case was tried before Nelson, J., who denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant.

Upon the relation of M. M. Gillilian the district court for Polk county granted its alternative writ of mandamus, requiring the municipal court of the city of Crookston, L. E. Gossman, judge thereof, and Nicholas B. Moran, clerk thereof, to show cause why a writ of restitution had not been issued upon a judgment in an action of unlawful detainer in the case of Gillilian ag'ainst W. H. Blake to restore to relator the possession of the premises described, and why the bond…

A member of the board of charities of the city of St. Cloud petitioned the probate court for Stearns county to name Eva F. Donnelly the guardian of her six dependent children, all under the age of 10, and to fix the amount of money not exceeding $10 per month, for each of said children which it deemed necessary for the county to contribute toward their support in the home of their mother.

Action in the municipal court of St. Paul to recover $45 which plaintiff had paid to defendant without receiving credit therefor. The answer alleged that the defendant in this action recovered judgment in the same court against plaintiff in this action in June, 1910,. for the sum of $94.05, and that the facts set up in the complaint in this action were involved in the issues between the parties in the-former action and were duly adjudicated.

Defendant was indicted, tried in tbe district court for tbe county of Morrison before Nye, J., and a jury, and convicted of tbe crime of adultery. From an order denying defendant’s motion to set aside tbe verdict and quasb tbe indictment and dismiss tbe same as to defendant, be appealed.

Upon the relation of Annie O. Coburn the district court for Ramsey county issued its alternative writ of mandamus, requiring George ,J. Ries, as county auditor for that county, to execute and deliver to relator a proper warrant upon the treasurer of the county in the sum «of $226.27, with interest, or show cause why he had not done so.

Action in the municipal court of Minneapolis to recover $408.34 for failure to deliver ice under an agreement.

Action in the district court for Waseca county to recover $2,500 fop personal injury while a passenger on one of defendant’s trains. The complaint alleged, among other matters, that by reason of defendant’s negligence, plaintiff was thrown from his seat in the caboose with great violence against the window thereof, breaking the glass and severely injuring his hand.

Action, transferred to tbe district court for Hennepin county, to. recover $2,240 for failure on the part of defendant to perform an agreement in writing’, consisting of a series of letters between the parties and subscribed by them, for the sale of the premises described in the complaint. The answer was a general denial. The case was. tried before Dickinson, J., who granted defendant’s motion for a directed verdict in his favor.

Defendant was indicted by the grand jury, tried in the district court for Hennepin county before Booth, J., and a jury, and convicted of murder in the third degree. From an order denying a new trial, he appealed.

Plaintiff’s motion in the district court for Hamsey county for an order amending the record, verdict and judgment in the above entitled action, so as to show that the verdict and judgment were not upon the merits but upon the sole defense of the defendant therein that there was another action pending, was heard before Dickson, J\, who ordered that the verdict theretofore entered in the action be amended by adding thereto the words “that there is a prior action now pending…

Action in the district court for St. Louis county to recover $1,399.-50 for defendant’s negligence in operating a locomotive so as to throw sparks which set fire to the dry grass and other combustible material upon defendant’s right of way, whereby certain cedar ties located on such right of way were totally destroyed.

<p>Jurisdiction over property of nonresidents.</p> <p>1. The power of a state over property within its limits is supreme. Under proper legislative authority almost any kind of an action may be instituted and maintained against nonresidents to the extent of any interest in property they may have within the state, and the court may make any form of decree known to the law which can be enforced through the control of property within the state, if the property is brought within its grasp, either by seizure or by specifically making it the subject of the action, and jurisdiction in this kind of cases may be obtained by publication.</p> <p>Same — title to land by judgment.</p> <p>2. This power to render judgment affecting title to property in such eases must be conferred by statute. The statutes of this state confer power to pass title to land by a judgment in all eases in which such relief is appropriate to carry the judgment of the court into effect and in which the court has jurisdiction over the land, even though it has not jurisdiction over the person.</p> <p>Partnership — interest of nonresident.</p> <p>3. The courts of this state may, by constructive service, acquire jurisdiction in an action against a nonresident partner to determine the plaintiff’s interest in real estate of the partnership, even though a partnership accounting may be necessary to determine that interest.</p> <p>Note. — Upon the validity of personal judgments rendered upon constructive process against nonresidents, see note in 16 L.R.A. 231. And as to whether jurisdiction of suit to quiet title or remove cloud on title of land within the territorial jurisdiction may rest upon constructive service of process against a nonresident, see note in 29 L.R.A. (N.S.) 625. And on the question what service sufficient as basis of judgment in proceedings in rem against nonresident, see note in 50 L.R.A. 582.</p>

Action in the district court for Dakota county against August Haedecke, Erank C. Palón, Sarah Babb and J. C. Jamison to recover $500. The answer alleged that in November, 1910, plaintiff was. indebted to defendant Babb in the sum of $75; that defendant Babb authorized defendant Haedecke to collect from plaintiff the amount, due; that a suit was instituted in the name of defendant Babb against plaintiff and that thereafter the suit was dismissed on technical grounds.

<p>County flitch — bond to pay preliminary costs.</p> <p>Action to recover on a bond executed under Laws 1909, c. 469, § 2, conditioned to pay all expenses of a proposed ditch proceeding in case the county board or the court on appeal should fail to establish the ditch. It is held:</p> <p>(1) It having been established that the engineer took the oath, acted as such engineer in the ditch proceedings, and that his compensation and expenses were paid by the county, it will be presumed in the absence of evidence that he gave the bond required by law,</p> <p>(2) Under Laws 1909, c. 469, § 12, providing that the county auditor shall be allowed and paid such reasonable compensation as shall be fixed by tbe county board, it is not necessary that the amount of such compensation be fixed before the auditor does his work, or at any particular time. The bill of the auditor for compensation having been presented for approval to the county board, and having been approved by such board, such action amounted to fixing his compensation at the amount of the bill approved, and entitled him to be paid such amount.</p> <p>(3) Conceding that, as against the bondsmen, the question of the reasonableness of the auditor’s compensation was an open one on the trial, there was no error in directing a verdict on this issue, as there was no conflict in the evidence, and as each party requested a directed verdict, and there was no request by defendants to have this issue submitted.</p>

Action in the district court for Clay county against D. W Meeker, receiver for E. W. Humphrey, and defendants Spring, Olstad and Hanson, copartners as the Boston Clothing Company, and E. W. Humphrey, to recover a balance of $230.94. The case was tried before Taylor, J., who denied plaintiff’s 'motion for a directed verdict, and a jury which returned a verdict for $122.57 in favor of plaintiff.

Action in the district court for Sibley county. From tbe disclosure; of the garnishee in the action, it appeared that C. J. Swanson claimed! certain property in the hands of the garnishee and he was ordered to< appear and maintain his right, or be barred of his claim. The-claimant filed his complaint and the plaintiff his answer thereto..

Action, in the district court for Bamsey county to recover $100 and to restrain defendant and his employees from entering certain premises or interfering in the occupancy thereof by plaintiff and his employees. From an order, Kelly, J., overruling his demurrer to the first counterclaim in defendant’s answer, plaintiff appealed.

Defendant was indicted by the grand jury, tried in the district court for Polk county before Watts, J., and a jury, and convicted of the crime of keeping a disorderly house. Erom an order denying her motion for a new trial, she appealed.

Action in the district court for Swift county to recover $1,000 .upon defendant’s policy on the life of her son.

Action in the district court for Faribault county against Henry *0.

From an order of the Railroad and Warehouse Commission requiring the Great Northern Railway Company to build and establish at Lawndale station a certain depot with a suitable platform, and a custodian in charge thereof, the railway company appealed to the district court for the county of Wilkin. The appeal was heard beforeFlaherty, J., who made findings affirming the order of the commission and ordered judgment in favor of the state.

Action in the municipal court of Minneapolis against the Doctor Nelson Company and A. C. Moorhead to recover $168 for breach of defendants’ agreements and warranties as physicians to cure plaintiff of a certain disease. The action was tried before Bardwell, J., who, when plaintiff rested, denied defendant Moorhead’s motion that the case be dismissed as to him, and a jury which returned a verdict in favor of plaintiff for the amount demanded.

Defendant Cannon moved tbe district court for Ramsey county ■to open the judgment in the above entitled action, and for leave to file and serve his answer to the complaint therein, and obtained an •order requiring plaintiff and the defendants other than himself to show cause why the judgment should not be opened and he be allowed to defend. The motion was heard before Kelly, J., who granted it upon terms. Erom the order, defendant Cannon appealed.

Action in tbe district court for Clearwater county against Crooks-ton Lumber Company and Robert Neving to recover $5,852. The •case was tried before Wright, J., who directed a verdict in favor of ■defendants. From an order denying plaintiff’s motion for a new .trial, be appealed.

Action in the district court for Eamsey county to recover $10,000 for injury received while a passenger upon defendant’s train. The answer admitted that plaintiff was a passenger on one of defendant’s trains and that, at a point near the station known as J ordan, the car in which plaintiff was riding was derailed. The case was tried before Dickson, J., and a jury which returned a verdict of $1,900 in favor of plaintiff.

Action, in the district court for Ramsey county. The facts are stated in the opinion. The case was tried before Dickson, J., who granted defendant’s motion for a directed verdict. From the judgment entered pursuant to the verdict plaintiff appealed.

Defendant was indicted by tbe grand jury of tbe crime of murder in the first degree, tried in tbe district court for St. Louis county before Dibell, J., and a jury, and convicted of murder in tbe second degree. From an order denying bis motion for a new trial, defendant appealed.

Action in tbe district court for St. Louis county to recover $337 for injury to plaintiff’s borse by tbe negligence of defendants. Tbe case was tried before Hughes, L, and a jury wbicb returned a verdict of $148.50 in favor of plaintiff. From an order denying tbeir motion for judgment notwithstanding tbe verdict or for a new trial, defendants appealed.

Actiou in tbe district court for Hennepin county to recover $l,00t for negligence of defendant in transporting plaintiffs’ borses iron Minneapolis to Park Eapids. The case was tried before Hale, J., who denied defendant’s motion for a directed verdict in its favor, and a jury which returned a verdict for $750 in favor of plaintiffs. From an order denying its motion for judgment notwithstanding the ver* diet or for a new trial, defendant appealed.

Action in the district court for Lac qui Parle county to recover $10,000 for breach of promise of marriage. The case was tried before Qvale, J., who directed a verdict in favor of plaintiff, and a jury which assessed her damages at $800. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Hennepin county to recover $780 upon defendant’s policy of insurance. The answer alleged that plaintiff received no injury at the time and place alleged, or any injury entitling him to any insurance under the certificate, and specifically alleged that plaintiff had not lived up to the contract of which his certificate of membership was a part.

TJpon the relation of the Evangelical Lutheran Kinderfreund Society of Minnesota, the district court for Wright county issued its writ of heabeas corpus directed to Charles E. White. The matter was heard by G-iddings, J., who made findings and ordered judgment discharging the writ and awarding the custody of the child in •question to respondent. From that order relator appealed and the appeal was tried de novo.

Action in the district court for St. Louis county by a taxpayer of the city of Duluth against the Board of Education and its officers and members to restrain the issue or disposal of its bonds in the sum of $200,000. Rrom an order Resler, I., sustaining the-defendants? demurrer to tbe complaint, plaintiff appealed.

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

Motion of respondent granted, under rule 13, to affirm the order of the district court for Ramsey county for appellant’s failure to furnish points and authorities.

Action in the district court for Norman county to recover $1,000 for diverting the waters of Wild Rice river for four months preceding August 1, 1911, and. to enjoin defendants and its servants from diverting any of the waters from the-channel of the river, which diversion should in any manner lessen or affect the-use and enjoyment of plaintiff’s water power. The ease was tried before Grindeland, J., and a jury which returned a verdict of $900 in favor of plaintiff.

Action in replevin in the district court for Aitkin county. The case was tried before Stanton, J., who denied defendant’s motion for a directed verdict and a jury which returned a verdict in favor of plaintiffs, and assessed the value of the property at $72. 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 Hennepin county against W. O. Johnson and M. C. Williams to recover $2,500 upon a promissory note. The facts stated in the opinion were set up in the amended answer.

'Case followed. Action in the district court for St. Louis county to recover $600 for injury •to plaintiff’s premises caused by a change of grade in the street in front. From ¡an order overruling its demurrer to the complaint, Dancer, J., defendant appealed.

Charges against defendant, one of which was conviction of a misdemeanor involving moral turpitude, to-wit: The crime of advertising and soliciting for divorce business, were filed in this court. Objections to the sufficiency of the accusation were overruled. Thereupon a plea of not guilty was entered. The testimony was taken and reported to the court.

Action in the district court for Chippewa county to recover $599.89 upon a promissory note payable to the order of defendant and by him indorsed to plaintiff for value before maturity. The complaint alleged that before maturity defendant duly waived in writing on the back of the note presentment to and demand for payment from the maker of the note and notice to defendant of nonpayment.

Defendant White obtained from the district court for Hennepin county an order requiring plaintiff to show cause why the judgment in the above entitled action should not be set aside and defendant White allowed to answer on the ground that the judgment was taken through his mistake, inadvertence and excusable neglect. The application was denied, Waite, J. From the order denying the application, defendant White appealed.

Action in the district court for St. Louis county to recover $125 for services rendered to defendant. The answer set up an express agreement and a counterclaim for the breach thereof in the sum of $206.94. The case was tried before Hughes, J., who, when plaintiff rested, denied plaintiff’s motion to amend his complaint.