Volume 124 — Minnesota Reports

'Action in the district court for St. Louis county to recover $20,000 for personal injury received while in the employ of defendant.

Motion in the district court for Wabasha county by W. H. Davis and George W. Bedmon and The Massachusetts Bonding & Insurance Company, plaintiffs, for a temporary injunction to restrain James Eorrestal and Nicholas Eeyen, as copartners, The Title Guaranty & Surety Company; the county of Wabasha, Simon Braun, Sarah Schurhammer and Joseph Schurhammer from commencing or maintaining any action against plaintiffs upon the transactions set forth in the attached complaint, to…

Action in tbe district court for Kamsey county to recover $10,000 for personal injury received while in the employ of defendant.

Action in the district court for Brown county to cancel- a deed and to adjudge plaintiffs to be the owners in fee simple of the land described therein. The answer set up that the transaction between the parties was completed by the execution and delivery of the deeds by each to the other; that plaintiffs acquiesced in the transaction for more than six months before beginning the action and that they are concluded from prosecuting it by their laches.

Arthur H. Rowland petitioned the probate court for Lyon county for the allowance of the last will and testament of Margaret Bullard,, deceased. Lelah McAllister, Beth Bullard, Zoe Bullard and Alma Bullard filed objections to the allowance of the will. From the order of the probate court admitting the will to probate, they appealed to the district court for that county. The appeal was heard before .

Tbe Minneapolis Milk Co. and 13 others were indicted by the grand jury for entering into a combination in restraint of trade, tending to fix the price of milk and cream and to prevent competition in the purchase and sale thereof. The milk company and Albert R. Ruhnke demanded a separate trial and were tried before Jelley, J.,, and a jury and convicted.

After the dismissal of the former appeal, reported in 120 Minn. 507, 139 N. W. 805, plaintiff’s motion to amend the complaint and findings was granted and his motion to amend the order for judgment was denied, Qvale, J. From the judgment entered pursuant to the order for judgment, plaintiff and defendants appealed. Affirmed on defendants’ appeal. Never sed on plaintiff’s appeal.

Action in the district court for Clay county to recover $179.90 upon a promissory note. The facts are stated in the opinion. The case was tried before Nye, J., who denied motions to return a directed verdict in favor of each party, and a jury which returned a verdict in favor of defendant. From an order granting plaintiff’s motion for judgment notwithstanding the verdict, defendants appealed.

William 0’Hagan was indicted by tbe grand jury, tried in the district court for Wright county before Giddings, J., and a jury, and convicted of the crime of arson in the third degree. From an order denying his motion for a new trial, defendant appealed.

Action in the municipal court of Duluth to recover a balance of $125. The facts are stated in the opinion. The case was tried before Windom, J., who granted plaintiffs’ motion to direct a verdict in their favor. From the judgment entered pursuant to the verdict, defendant appealed to the district court for that county, where the judgment was affirmed by Ensign, Cant and Dancer, JJ. From the order of the district court, defendant appealed.

Action in the district court for Hennepin county by the administratrix of the estate of Lome Mutton, deceased, to recover $7,500 for the death of her intestate.

Erom an order of the district court for Hennepin county, Leary, J., sustaining defendant’s demurrer to the complaint and ordering judgment in behalf of defendant, plaintiff appealed.

Action in the district court for Kandiyohi county by the assignee of one Tompkins against Peter Ylaar, Township of Holland and Township of Eoseland to recover $1,014 for the construction of a town ditch.

Action in the district court for Ramsey county to recover $11,200 for personal injury. The case was tried before Olin B. Lewis, 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. Affirmed.

From a decree of distribution in the matter of the estate of Garafilia Herrick, deceased, in the probate court for Hennepin county, George R. Smith, J., Izzie H. W. Lawton appealed to the district court for that county, where the appeal was heard before Leary, J. who made findings and ordered judgment that Luella H. Fiske was not an heir of decedent and was not entitled to any share in her estate and reversed so much of the decree of distribution of the probate court as…

Action in the district court for Hennepin county against John W. Norton and nine others to cancel a certain contract for the sale of real estate, that two other contracts be .reformed in respect to the price to be paid by the plaintiffs for the real and personal property therein, and to recover $9,000 from the defendants Norton, Samdal, Eichorn, Dreger, Thurman and Thwing. The facts are stated in the opinion.

Action in the district court for Hennepin county to recover $25,-000. Erom an order Hale, L, sustaining the demurrer of defendant Goódfellow, plaintiff appealed.

From the award of damages in the condemnation of land belonging to the Chicago, Milwaukee & St. Paul Railway Co. in certain proceedings to extend a street in the village of Le Roy across the right of way of the company, that company appealed to the district court for Mower county.

From an order of the district court for Polk county, Watts, J., denying the motion of defendants E. O. Lee and W. B. Lee to dissolve an attachment levied upon certain premises described in the motion, they appealed.

Action in the district court for Chippewa county to adjudge plaintiff to be the absolute owner of all property which belonged to Rachel J. Brasch, deceased, and to enforce specific performance of a verbal agreement between his mother and Rachel J. Brasch and her husband.

<p>Conversion — pleading.</p> <p>In an action for conversion of personal property, an allegation in the alternative that one or the other of two defendants converted the goods, but, which one, plaintiff is unable to determine, states no cause of action against either defendant.</p>

Action in the district court for Lyon county to recover $1,359.65 upon two promissory notes. The facts are stated in the opinion. The case was tried before Olsen, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant. Erom an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

From a judgment of the municipal court of St. Paul, Finehout, J.,, finding defendant guilty of the offense of selling intoxicating liquor without a license, he appealed.

Upon the relation of the city of Virginia the district court for St. Louis county issued its alternative writ of mandamus, directing the members of the county board of St. Louis county to order an election as provided by Laws 1909, c. 131, for the determination of the annexation to the city of Virginia of certain territory described in a certain petition for annexation on file in the office of the county auditor.

Action in the district court for Ramsey county tp foreclpse a mechanic’s lien. The case was tried before Brill, J., who made findings that plaintiff was entitled to a lien'of $1,503.85 for materials, and $100 for attorney’s fees, and ordered that the premises described be sold for the purpose of paying the lien. From an order denying her motion for a new trial, defendant Taylor appealed.

Action in the district court for Otter Tail county to recover $2,-437.10 for services rendered by the clerk of the district court of that county. From an order, Eoeser, J., overruling defendant’s demurrer to the complaint, it appealed.

Action in the municipal court of Minneapolis to recover $135 upon two promissory notes. The case was tried before C. L. Smith, J., who made findings and ordered judgment in favor of defendant for $5.53. From an order denying his motion for a new trial, plaintiff appealed.

Action in tbe district court for Ramsey county to recover $15,000' for personal injuries sustained while in defendant’s employ. The answer alleged contributory negligence on the part of plaintiff and that he assumed all the risks. The case was tried before Dickson, J., who at the close of the case denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $650.

Action in the municipal court of Minneapolis for the immediate restitution of certain chattels or for $58, the value thereof. The answer set up a lien of defendant as warehouseman, under E. L. 1905, §§ 3521, 3522, for the sum of $39.

Plaintiff appealed to the district court for Sibley county upon questions of law alone, from a judgment of $39.75, and costs, entered in justice court. The appeal was heard by Morrison, J., who ordered that the judgment be^reversed. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Ramsey county to recover $18,372.-75 from the treasurer of the State Board of Medical Examiners. From an order, Catlin, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for Ramsey county against Armour & Co. and Samuel Carlson to recover $15,000 for personal injuries. The case was tried before Dickson, J., who at the close of the testimony denied the separate motions of defendants for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $2,500. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

In garnishment proceedings against the county of Le Sueur in the district court for that county, the garnishee disclosed that its county commissioners had allowed four bills to defendant, but that the warrants which had been drawn had not been delivered.

Defendant was indicted by the grand jury of Clay county for tbe offense of selling intoxicating liquors to a minor, tried and convicted in the district court for that county before Nye, J., and a jury, and sentenced to pay a fine of $100 and costs of prosecution, and stand committed to the county jail until the fine was paid, for a period not exceeding 90 days. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Winona county against L. J. Holt and Neil Holt to recover $5,000 for personal injuries.

Action in the district court for Big Stone county by plaintiff individually, and as administratrix of the estate of Luke Bums, deceased, for an injunction to restrain defendant from redeeming from the foreclosure of a certain mortgage by virtue of a pretended mortgage for $4,500; that the mortgage be adjudged void and that defendant be held to have no right thereunder.

Action in replevin in tbe district court for St. Louis county to' recover possession of certain timber and its products or, in case possession could not be obtained, for $50,000 tbe value thereof and $10,-000 for its detention. Tbe case was tried before Stanton, J., who denied motions for directed verdicts, and a jury wbicb returned a verdict, that plaintiff was entitled to the possession of the property.

In the probate court for Hennepin county Catherine Martin filed a claim against the estate of Cornelius Martin, deceased, for $2,100 for services during 9 years. William M. Knight, the administrator of the estate, filed objections to the claim, and it was disallowed. From the order of disallowance, claimant appealed to the district court for Hennepin county.

Action in tbe district court for Hennepin county under statutes of Pennsylvania, approved April 15, 1851, and April 26, 1855, respectively, to recover $25,000 for the death of plaintiff’s husband on December 6, 1911.

Action transferred to the district court for Ramsey county by the minor plaintiff, by his guardian ad litem, against the Farmer’s Handy Wagon Co. and Willard B. Clow, to recover $40,000 for injuries received while in the employ of defendant Clow.

Action in the district court for Hennepin county by the trustee in bankruptcy of George R. Kibbee, bankrupt, to recover $18,444.46 rent paid in advance under a certain lease. The ease was tried before Molyneaux, J., wbo dismissed the action. From an order denying plaintiff’s motion for a new trial, he appealed.

Three actions in the district court for Clay county to recover for the destruction of wearing apparel and orn'aments and other private property in a hotel fire. The cases were tried together before Nye, J., and a jury which returned a verdict of $220 in favor of Henry L. Bodldn, $160 in favor of W. J. Bodkin and $620 in favor of Inger Bodkin. Erom an order denying defendant’s motion for a new trial in each action, it appealed.

Action in the district court for St. Louis county by the special administratrix of the estate of Henry Benson, deceased, to recover $10,000 for the death of her intestate while in the employ of defendant. The case was tried before Ensign, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for the amount demanded.

Action in the municipal court of Minneapolis for the restitution of certain premises. The case was tried before C. L. Smith, J., who at the close of the testimony denied defendant’s motion for a directed verdict and directed a verdict in favor of plaintiff. From the judgment entered pursuant to the verdict, defendant appealed.

Action in ejectment in the district court for Plennepin county and for $630 damages. The case was tried before Hale, J., who, at the close of plaintiff’s case, denied defendants’ motions for a directed verdict and for a dismissal of the action, and a jury which returned a verdict in favor of plaintiff. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action in the district court for Ramsey county against 10 railroad companies, 7 express companies, and Lyndon A. Smith, to determine that the act of 1913, regulating the shipment of cream upon the railroads of the state, was void; to enjoin defendants other than defendant Smith from observing the requirements of the act and from re-' fusing to receive and ship cream to plaintiff and others, and restraining defendant Smith, as attorney general or otherwise, pending the…

Action in the district court for Ramsey county to recover $20,000 for personal injuries received while in the employ of defendant Canadian company.

Action in the district court for Carver county to recover $260. The facts are stated in the opinion. The case was tried before Morrison, J., who denied plaintiff’s motion for a directed verdict and a jury which returned a verdict in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county by the trustee in bankruptcy of Arthur Grossman to recover $727.18. The case was tried before Brill, J., who made findings and ordered judgment in favor of plaintiff for $720.18. From an order denying its motion to amend the conclusions of law or for a new trial, defendant appealed.

Action in tbe district court for Bamsey county to recover $18,-000 for injury received while in tbe employ of defendant.

Action in the district court for St. Louis county to recover $2,000 damages for assault and battery. The case was tried before Dancer, J., and a jury which returned a verdict for $1,200 in favor of plaintiff. From an order denying their motion for a new trial, on condition plaintiff consented to a reduction of the verdict to $850, defendants appealed.

Action in tbe district court for Grant county against Robert Burgess and Charles Burgess, copartners as Burgess & Son, to recover $2,800. The facts are stated in the opinion. The case was tried before Flaherty, J., who denied the defendants’ motion to direct a verdict in their favor, and a jury which returned a verdict for $3,782.60 in favor of plaintiffs. Defendants’ motion for a new trial was denied. From the judgment entered pursuant to the verdict, defendants appealed.

Action in the district court for Hennepin county to recover $5,-545.35 for malpractice. The case was tried before Hale, J., who denied defendant’s motions to dismiss the action and to direct a verdict in his favor, and a jury which returned a verdict for $650 in favor of plaintiff. .From an order denying his motion for judgment notwithstanding the verdict and granting a new trial, defendant appealed.

The Independent School District of Virginia petitioned the district court for St. Louis county for an order adjudging that petitioner was entitled to condemn the land described in the petition, for the purpose of instruction, experimentation and demonstration in agriculture; for the appointment of commissioners to ascertain and appraise the damages occasioned by such taking and the compensation to be made to the owners and others interested in the real estate.

Action in the district court for Renville county to require defendants to .account for stock in plaintiff corporation fraudulently obtained by them, to recover the par Value of such stock, and for such other and further relief as to the court might seem just. The case was tried before Flaherty, J., who made findings and ordered judgment in favor of defendants dismissing the action. From the order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Beltrami county against Martin Aarstad and Lauritz Ask to recover $6,000 for assault and battery. The case was tried before Stanton, J., and a jury which returned a verdict in favor of defendants. From an order denying her motion for a new trial, plaintiff appealed.

Action in tbe district court for Marshall county against L. H. Amidon and Eebecca T. Amidon to cancel a conveyance from plaintiff to L. H. Amidon and one from the latter to his mother, the defendant Eebecca. The case was tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff. The court denied the motion of plaintiff and the motion of defendant Eebecca for amended findings.

The Midway Realty Co. made application to the district court for Ramsey county to register title to a certain lot in defendant city. In its separate answer defendant city set up a sale of the lot to defendant to satisfy a judgment for a local improvement and the execution and delivery to defendant of a certificate of sale thereof.

The Midway Realty Co. made application to the district court for Ramsey county to register title to two lots in defendant city. In its separate answer defendant city set up four sales to defendant to satisfy as many judgments for local improvements against the premises, the execution and delivery to defendant of certificates of sale for the same, and in respect to two of the sales notice of expiration of time of redemption.

Action in the district court for Ramsey county to determine adverse claims to a certain vacant and unoccupied lot. In its answer defendant set up eight sales to it under as many judgments for local assessments against the lot in question, and the execution and delivery to it of as many certificates of sale.

Six complaints were made to the municipal court of St. Paul against defendant for violation of the weight and measure law. Defendant voluntarily came into court and pleaded not guilty. Pour of the complaints were tried before Einehout, J., who- found defendant guilty and sentenced it to pay a fine of $100 in each case. The other two complaints were tried by Hanft, J., who found defendant guilty and imposed the same fine in each case.

Action in the district court for Hennepin county against Hennepin County Medical Society, IT. H. Kimball, as its president, E. J. Huenekens, as its secretary, and the members of its board of censors to restrain defendants from proceeding with and trying plaintiff upon a charge of having performed an abortion. Plaintiff obtained an order requiring defendants to show cause why a restraining order should not be granted.

Action in tbe district court for ITennepin county to recover $202.50 for labor and material and to foreclose a lien therefor. The separate answer of defendant investment company denied that it employed plaintiff to do the work mentioned in the complaint, or that it gave any consent therefor, and alleged that if any work was done or materials furnished it was done and they were furnished at the request of defendants Neamon & Economy, sublessees.

Action in the district court for St. Louis county to determine adverse claims to vacant and unoccupied real estate. The answer alleged that defendant was the owner in fee of all the lands described in the complaint and that plaintiff had no interest therein, except a possible lien for taxes.

Action in the district court for Ramsey county to recover $538 fqr injury received while a passenger upon defendant’s train. The answer alleged that the injuries were caused solely by the negligence of plaintiff.

Action in the district court for St. Louis county. The answer, among other matters, alleged that it was the intention of James W. Sherman, the grantor, and Gust Lee, the grantee, in a certain deed made in the year 1903 to convey and to purchase only that part of the 40-aere tract which lay west of the Tower and Embarrass road and if, as a matter of fact, the measurements were incorrect and the metes and bounds in the description covered any portion of the tract other than…

Action in tbe district court for Polk county by the administrator • of the estate of John Ekblaw, deceased, against Raymond Nelson and Rolland Nelson to recover possession of certain real estate and $600, the value of the use and occupation of the same.

The London Guarantee & Accident Co., Ltd., was summoned as garnishee in an action in the district court for St. Louis county, wherein defendant Kate Truan recovered judgment against the Kange Power Co. The disclosure was taken before Hughes, J., and plaintiff’s motion for judgment against the garnishee for the amount of her judgment was granted. Prom the judgment entered pursuant to the order for judgment, the garnishee appealed.

Action in tbe district court for Ramsey county to' recover $5,250 for injury received while in the employ of defendant. The answer admitted a contract between plaintiff and defendant by the terms of which plaintiff agreed for a stipulated price to construct certain tin eaves upon a certain building, and alleged that, if plaintiff met with any accident, it was occasioned solely by reason of his negligence in the premises.

Action in the district court for Winona county to adjudge plaintiff to be the owner of the premises described, that defendant Effie V. Miller has no interest therein by reason of the deed described in the opinion, that such deed be adjudged to be a cloud upon the record of plaintiff’s title to the premises, and that the same be canceled of record.

Action in tbe district court for Hennepin county to recover $2,500. The facts are stated in the opinion. Defendant’s demurrer to the complaint was overruled, Hale, J. The defendant then answered and the case was tried before Jelley, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant’s motion for judgment in its favor or for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the municipal court of Minneapolis to recover $400. The case was tried before Montgomery, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict for $350 and interest in favor of plaintiff. ■ From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Mille Lacs county to recover $5,495. The case was tried before Roeser, J., and a jury which returned a verdict for $3,241.88 in favor of plaintiffs. From an order denying its motion for a new trial, defendant appealed.

From the taxation of costs and disbursements in favor of the plaintiff in the above entitled action, in the district court for St. Louis county, both parties appealed. The appeals were heard before Dancer, J., who affirmed the taxation of the clerk except as to two items. From that order, plaintiff appealed.

Action in the district court for Hennepin county to recover $20,-000. Erom an order, Steele, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $75 for services. The defense is stated in the opinion. The case was tried before Montgomery, J., who denied plaintiff’s motion for a directed verdict and a jury wbicb returned a verdict for $83.66 in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $75,000 for injury received at a highway crossing over defendant’s railway. The answer alleged that, if plaintiff was injured by being struck by a train, his injuries were caused by his neglect to observe any care whatsoever and such negligence was the direct cause of any injury received.

Action in the district court for Cook county to recover $1,400 for fraudulent representations in the sale of a stallion. The case was tried before Nelson, J., and a jury which returned a verdict for $1,200 in favor of plaintiffs. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $10 per month from defendant between May, 1903, and May, 1907, and to determine that plaintiff is a pensioner of the second class and to recover a pension at the rate of $25 per month from May, 1907. The facts are stated in the opinion. The case was tried before Hale, J., who made findings and ordered judgment in favor of plaintiff for $15 per month from May, 1907.

Action in the district court for Ramsey county by the administrator of the estate of John Pearson, deceased, to recover $200 upon a promissory note. The case was tried before Gatlin, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $1,000 upon defendant’s policy of insurance. Defendant appeared specially and moved to set aside the pretended service of the summons. From three orders, Gatlin, L, denying as many motions to set aside the service of summons, defendant appealed.

Action in the district court for Rice county to determine adverse claims. The facts are stated in the opinion. The case was tried before Childress, J., who found that plaintiff was the owner in fee simple of the premises described at the beginning of the opinion. From the judgment entered pursuant to the order for judgment, defendant appealed.

In the matter of proceedings in the district court for St. Louis county to enforce collection of personal taxes within that county delinquent on April 1, 1912, defendant answered. The facts are stated in the opinion. The matter was tried before Dibell, J., who made findings and ordered judgment against defendant in the sum of $15.91. From an order denying his motion for a new trial, defendant appealed.

Defendant was indicted for the crime of selling liquor to a public prostitute, tried in the district court for the county of Blue Earth before Pfau, J., and a jury, and convicted. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Hennepin county against K. Copilovitch and O. E. Yan Duzee to recover $1,000 upon a promissory note. The facts are stated in the opinion. The case Avas tried before Hale, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. From an order denying his motion for a new trial, defendant Yan Duzee appealed.

Action in the district court of Mille Lacs county. The facts are stated in the opinion.

Action in the district court fox St. Louis county to recover $5,000 for services as a real estate broker rendered defendant in making a sale of land. The answer alleged as a bar to the action a former action between the same parties upon the identical cause of action. The case was tried before Dibell, J., who granted defendant’s motion for judgment on the pleadings. From an order denying plaintiff’s motion for a new trial, Fesler, J., he appealed.

Action in the district court for Ramsey county to recover $15,000 for services as real estate brokers in effecting an exchange of property belonging to defendants. The facts are stated in the opinion.

Action of replevin in the district court for Scott county to recover certain macbinery. The case was tried before Morrison, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From an order denying plaintiff’s motion for a new trial, it appealed.

Action in the district court for Ramsey county to recover $1,000 upon defendant’s certificate of insurance upon the life of plaintiff’s father. The case was tried before Quinn, J., and a jury which returned a verdict for $1,039 in favor of plaintiff. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Ramsey county to recover $2,000 upon defendant’s certificate of insurance upon the life of Osias Kulberg. The facts are stated in the opinion. The case was tried before Quinn, J., who denied defendant’s motion for a directed verdict and a jury which returned a verdict for $1,975.56 in favor of plaintiffs. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied.

Action transferred to the district court for Becker county. Tbe complaint alleged two causes of action, the first for damages for alleged fraud and deceit in the exchange of certain machinery and the second for damages for breach of an alleged oral warranty. The substance of the complaint is stated in the opinion. The case was tried before Nye, J., who granted defendant’s motion to dismiss the action. From an order denying plaintiff’s motion for a new trial, he appealed.

Upon the petition of W. M. O’Hara the district court for Aitkin county issued its writ of habeas corpus, directing O. G. TIaugen, as sheriff of that county, to have H. A. Graves before the court commissioner of Aitkin county at the time and place mentioned.

Action in the district court for Ramsey county to recover $2,000 upon defendant’s benefit certificate of insurance upon the life of John Hyland. ' The facts are stated in the opinion. The case was tried before Nelly, J., who submitted to the jury the single question of whether the insured had misrepresented his age, and a jury which returned a verdict in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $15,000 for injury received in Wisconsin while employed by defendant as a section hand. The complaint set out the provisions of chapter 254 of the laws of Wisconsin for the year 1907 and of chapter 485 of the laws for 1911.

In tbe matter of proceedings in tbe district court for Hennepin county to enforce payment of taxes assessed for tbe year 1910, delinquent in January, 1912, Catherine A. Burnes filed ber answer, objecting to a special assessment of $62.54 for a certain sidewalk in front of ber property described in tbe proceedings. Tbe substance of defendant’s objections will be found in tbe opinion.

Action in the district court for Washington county to recover $3,469, the.amount of judgments recovered against plaintiffs in actions against them by persons whose lands had been flooded by defendant’s use of the dam rented by him from plaintiffs. The case was tried before Stolberg, J., who made findings that the action be dismissed and that defendant recover his costs and disbursements. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Washington county to recover $475 upon defendant’s policy of accident insurance. The answer alleged, among other matters, that if plaintiff was totally disabled such disability had been caused by and was the result of locomotor ataxia; that locomotor ataxia is a form of paralysis and a chronic disability • and the alleged disability of plaintiff was not the result of accident.

Action in the district court for Ramsey county to recover $25,000 for injury received while in the employ of defendant. The answer alleged that whatever injuries plaintiff received were caused by his own negligent failure to exercise proper care for his own safety, and his negligence directly contributed to the accident.

Frank H. Wilkowske petitioned the probate court for Rice county for the appointment of a guardian of the person and estate of Margaret Lynch, an incompetent by reason of old age and imperfection of mental faculties. Margaret Lynch filed objections to the appointment of the person named in the petition and prayed that the petition be dismissed, but, if the court denied her prayer, that it would appoint the person named by her.

Action in the district court for Morrison county to recover $606.75 upon defendants’ bond, given pursuant to Laws 1905, c. 230, to secure payment of the preliminary expenses in a certain ditch proceeding. The case was tried before Nye, J., who made findings and ordered judgment in favor of plaintiff for the sum of $355.80. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Complaint was filed in justice court against Jack Martin for violating an ordinance of plaintiff village in exercising the trade of auctioneer without first having obtained a license. From the judgment rendered in justice court wherein defendant was fined $25, he appealed to the district court for Lyon county. The appeal was heard upon stipulated facts by Olsen, J., who made findings and affirmed the judgment of the justice court.

Action in tbe district court for Ramsey county to recover $60,000 for injury received while in the employ of defendant. The answer alleged that the injury was caused wholly by the negligence of plaim tiff, and set up a former action pending between the same parties upon the same cause of action. The case was tried before Stanton, J., and a jury which returned a verdict of $15,000 in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

TJpon the relation of the attorney general, this court issued its writ of certiorari to review an order of the probate court for Ramsey county, Bazille, J., determining the amount of the inheritance tax due to the state from the estate of George S. Heron, deceased.

Defendant moved tbe municipal court of Minneapolis to set aside tbe judgment convicting him of criminal libel and to grant bim a new trial for tbe reasons stated in the opinion. Tbe motion was denied, Bardwell, J. From tbe order denying bis motion, defendant appealed.

Action in the district court for Goodhue county to recover $8,000 for personal injuries.

Plaintiffs in the three above entitled actions against the Duluth Iron Range Railroad Co. obtained from the district court for St. Louis county an order requiring Joseph De La Motte, their attorney, to render to them an account of his receipts, disbursements and charges in each of the actions; to disclose the facts in reference to any claim of lien on his part in any of the actions, and to show cause why another attorney should not be substituted in his place and why he…

The State Board of Law Examiners, through its secretary, petitioned for the disbarment of the respondent because of his conviction of the crime of forgery in the second degree upon his plea of guilty.

The State Board of Law Examiners, through its secretary, petitioned for the disbarment of the respondent because of his conviction of the crime of forgery in the second degree upon his plea of guilty.

From an order of the district court for Ramsey county, Catlin, J., denying defendant’s motion to vacate a default judgment and for leave to interpose an answer, it appealed.

Action in the district court for Ramsey county by the administrators of the estate of Nicholas Jordanoff, deceased, to recover $7,500 for the death of their intestate. From an order, Dickson, J., overruling the separate demurrer of defendant St. Paul City Railway Company to the complaint, it appealed.

Action in the district court for Traverse county to recover $159.20 upon a promissory note. The case was tried before Plaherty, J., and a jury which returned a verdict in favor of defendant for $330.50. Prom an order denying plaintiff’s motion for a new trial, it appealed.

Defendant was indicted by the grand jury of Clay county for the crime of selling intoxicating liquor to a minor, tried in the district court for that county before Nye, J., and a jury who disagreed, and the case was certified to this court under G. S. 1913, § 9251.

From an order of the Railroad and Warehouse Commission requiring the Great Northern Railway Co. to remove the station building in Brook Park to a certain specified location, and that the company immediately comply with the law by bringing all trains to a full stop before reaching the railroad junction, the railway company appealed to the district court for Pine county.

Appeal by plaintiff from an order of the district court for Roseau county permitting a judgment entered by default against defendant to be opened, and allowing her to make her defense in the same and serve an answer thereto.

On the petition of Pauline Bisseberg this court issued its order directing Honorable I. M. Olsen, as judge of the district court for Lyon county, to show cause why a peremptory writ of mandamus should not issue commanding him to make and enter an order giving her leave to propose and serve a bill of exceptions in a certain action in the district court entitled Gifford v. Bisseberg.

Action in the district court for Meeker county. The facts are stated in the opinion. The case was tried before Powers, J., who denied plaintiff’s motion for judgment on the pleadings, made findings and ordered judgment in favor of plaintiff. Prom an order denying defendant B. B. Smith’s motion for a new trial, he appealed.

Case followed. Action in the district court for Hennepin county against the county of Hennepin and its treasurer and auditor, officially and individually, to restrain defendants from enforcing assessments for taxation upon memberships in the chamber of commerce of Minneapolis, incorporated under Laws 1883, c. 138, and to enjoin defendants from enforcing the same.

Case followed. Action in the district court for Hennepin county to recover $2,000 upon defendant’s policy of insurance upon the life of John Hyland, in favor of plaintiff, his daughter. The case was tried before Booth, J., who made findings of fact and ordered judgment in favor of defendant. From an order denying her motion for amended findings of fact and from an order denying a new trial, plaintiff appealed.

Action in the district court for Clay county to recover $243.65 upon two promissory notes. The case was tried before Taylor, J., who granted plaintiffs’ motion for a directed verdict. From an order denying his motion for a new trial, defendant appealed.