Volume 125 — Minnesota Reports

McArthur’s Shoe Store, Incorporated, filed its petition and claim in the above entitled action, then pending in the district court for Ramsey county, for $2,753.30, for money received by defendant from the sale of merchandise in the department conducted by claimant, and prayed that the court would direct the receivers of defendant to pay over the amount to claimant, or, if the court determined that the above amount was not of the nature of a trust fund, that petitioner might…

Action in tbe district court for St. Louis county to recover $5,380 for injuries sustained by plaintiff brakeinan while in the employ of defendant. The answer alleged that plaintiff’s injury was caused wholly by his negligence, which contributed directly to his injury, and that he assumed the risks of his employment. The case was tried before Eesler, L, who denied defendant’s motion for a directed verdict, and a jury which returned a verdict of $1,529 in favor of plaintiff.

Action in the district court for Itasca county to recover $4,000 for injuries sustained by plaintiff while in the employ of defendant.

Action in tbe district court for Cass county to recover $3,800. The facts are stated in the opinion. The case was tried before Stanton, J., and a jury which returned a verdict for $3,200 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 enforce against the stockholders of defendant corporation their constitutional liability and to appoint a receiver of defendant. From an order, Cant, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

<p>Assignment for benefit of creditors — discharge of assignee.</p> <p>1. Where the assignee, under an assignment for the benefit of creditors, made a sale of real estate in which all parties in interest acquiesced, the discharge of the assignee by the court, on the ground that he had fully performed his trust, will be deemed an approval of such sale, as against an objection raised more than 10 years later by a stranger to both the assignment proceedings and the title.</p> <p>Same'— conveyance voidable not void.</p> <p>2. An assignment for the benefit of creditors is the exercise of a common-law right, and the assignee derives his title and power of sale from the deed of assignment and not from the statute. The statute merely regulates the manner of creating and executing the trust. If the assignee made the conveyance in question, without the court having approved the sale, such conveyance was not void but only voidable, and, all parties in interest having acquiesced therein, the title vested in the grantee.</p> <p>Adverse possession.</p> <p>3. To constitute adverse possession of real estate, the possession must have been maintained under the claim of ownership. If the one in possession recognized and conceded that, in fact, the title was in another and not in himself, such possession was not adverse. Held that the evidence sustains the finding that defendant’s possession was not adverse to the true owner.</p>

Action in the district court for Crow Wing county by the administratrix of tbe estate of Andrew H. Johnson, deceased, to recover $7,500 for the death of her intestate while in the employ of defendant in its machine shop. The answer alleged that the injuries sustained by plaintiff’s intestate were caused by his own negligence or resulted from the risks of his employment which he had assumed.

Action in the district court for Hennepin county to recover $20,150 for injury received by plaintiff while working upon a bean and pea thresher manufactured by defendant. The answer alleged that, if plaintiff was injured, his injuries were caused by his own contributory negligence and not by the negligence of defendant.

Ella Whitby petitioned the probate court for Wabasba county tbat in its final decree in the matter of the estate of George Motz, deceased, it assign to her such portion of the estate of decedent as though he had died intestate, petitioner being a daughter and having been omitted from the last will and testament of decedent, and it not appearing that such omission was intentional. Mary Motz, the executrix and residuary legatee of the estate, objected.

Action in the district court for Polk county to recover $197.33, to adjudge the amount a lien upon tbe premises described in the complaint, and to foreclose tbe lien by a sale of tbe premises. Separate answers were filed by tbe Workingmen’s Building and Loan Association of Crookston and tbe Crookston Lumber Co. Tbe case was tried before Watts, J., who made findings and ordered judgment in favor of plaintiff for tbe amount demanded.

Action in the district court for McLeod county by plaintiff in her own.behalf, and as administratrix of the estate of Ered C. Miller, deceased, Laura Miller and Elizabeth Miller, infants, by their guardian, to obtain specific performance of a contract to sell the real estate described in the complaint. The action was tried before Morrison, J., who made findings and ordered judgment in favor of plaintiffs, upon their depositing with the clerk of court the sum of $3,002.

Action in the district court for Ramsey county to recover $225 upon defendant’s policy from loss by burglary, theft or larceny of the property described.

Action in the district court for Martin county to recover $3,200’ paid by plaintiffs for money borrowed and used for the benefit of the Nashville Center Co-operative Creamery Association.

Upon the relation of N. A. Nelson, the auditor of Washington county, the district court for that county granted its alternative writ of mandamus directed to Samuel G. Iverson, as state auditor of the state of Minnesota, commanding him to draw his warrant upon the state treasurer for the balance of the amount of the gross-earnings tax of the Minneapolis, St. Paul & Suburban Railroad Co. due to the county of Washington and to each of the towns and taxing districts of Grant,…

Action in the district court for Winona county to recover $1,000 upon defendant’s benefit certificate of insurance upon the life of Herman Ladwig in favor of plaintiff. The action was tried before Snow, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict of $714.70 in favor of plaintiff.

Action in tbe district court for Crow Wing county against Western Union Telegraph Co. and Charles E. Geminder to recover $40,000 for personal injury received from defendant company’s messenger while in its employ.

Action in the district court for Eamsey county to recover $5,000 for personal injuries received while in the employ of defendant Hoy & Elzy Company.

Action in the district court for Itasca county. The facts are stated in the opinion. The answer expressly denied that defendant ever executed or delivered any contract agreeing that plaintiff might elect that defendant should take a part of the one-fifth interest in a certain state mineral contract.

Action in the district court for Hennepin county to recover $5,980' for breach of contract. The answer alleged that the cause of action, if any there was, accrued more than 10 years prior to the commencement of the action and was barred by the statute of limitations. Defendant’s motion for judgment in its favor upon the pleadings was granted, Jelley, J. From the judgment entered pursuant to the-order for judgment, plaintiff appealed.

Action in the district court for Marshall county by the father of Steinar Dahl, a minor, to recover $2,525 for personal injury received by the minor from an explosion of gasolene upon defendant’s dredging machine. The answer denied any negligence on its part and alleged that the negligence of the minor or that of his parents m permitting him to be upon the premises of defendant contributed to cause the injury.

Action in tbe district court for Ramsey county under tbe Federal Safety Appliance Act to recover $25,000 for personal injury received while in the employ of defendant.

Action in the district court for Goodhue county. The substance of the complaint and answer will be found in the opinion. Defendants’ motion to strike out the reply as false, frivolous and sham, and for judgment in their favor was granted, Johnson, J., as to defendant Robert W. Ramer, and as to him the action was dismissed. From the order striking out the reply and dismissing the action as to defendant Ramer, plaintiffs appealed.

Action in the district court for Hennepin county to recover $65,-000 for personal injury. The case was tried before Booth, J., and a jury which returned a verdict for $5,960 in favor of plaintiff. From an order denying their motion for a new trial, defendants appealed.

Upon the affidavit of John C. Benson, made pursuant to G. S. 1918, § 357, this court ordered Julius A. Schmahl, as secretary of state, to cancel the filing of the affidavit of Henry Bines, as a candidate for state auditor, on the Bepublican ballot, at the ensuing primary election, and refrain from certifying to the county auditors of the several counties of the state the name of Henry Bines as a candidate for state auditor, or show cause why he should not do so.

Action in the district court for Hennepin county against Elizabeth F. Parker, C. C. Whitney, C. C. Whitney Pure Food Oo., H. O. Eoberts Oo., Gardner Hardware Co., and W. S. Nott Oo. to recover $92.87, and to foreclose a mechanic’s lien therefor upon the premises described in the complaint. The action was tried before Steele, J., who made findings and ordered judgment in favor of the trustee in bankruptcy of defendant IT.

Action in the district court for Olay county by Olena Kragnes individually, and as administratrix of the estate of Andrew O. Kragnes, deceased, to recover $1,000 upon a promissory note. The substance of the answer is stated at the beginning of the opinion. Plaintiff’s motion for judgment upon the pleadings was granted, Nye, J. Erom the judgment entered pursuant to the order for judgment, defendant appealed.

Two actions in the district court for Washington county, one by Frances Ellen Robertson and the other by John Matthias Carr, against Charles Cochran as an individual, as executor of the last will and testament of Maurice Clancy, deceased, and as parish priest of the Church of St. Michael of Stillwater, and the Church of St. Michael of Stillwater, a corporation, to decree that each plaintiff was the owner and entitled to an equal undivided one-half of the property, real and…

Action in the district court for Hubbard county to recover $1,168.-13. The action was tried before Stanton, 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. Erom an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $159.69' for injury to plaintiff’s live stock. The answer was a general denial. The case was tried before Montgomery, J., who at the close of plaintiff’s testimony denied defendant’s motion for a dismissal of the action and, at the close of all the evidence, its motion for a directed vei’dict in its favor, and a jury which returned a verdict for $150 in favor of plaintiff.

Application by Joseph Garceau to the district court for Ramsey county to register title to a certain lot -in tbe village of White Bear. Defendant Michael McNamara filed his answer alleging that he was the owner and entitled to the possession of the premises described. Defendant McNamara’s motion to make Julius A. Haussner and Philip Gilbert parties defendant was granted, Kelly, J., and defendant Haussner filed his answer.

Action in the district court for Bamsey county to recover $780 upon defendant’s check. The defense is stated at the beginning of the opinion. The case was tried before Brill, J., who when plaintiff rested denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for the amount demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Pine county by the administrator of the estate of Henry J. Howell, deceased, to recover $3,200 for the death of the intestate, a child of seven years.

Action in tbe district court for Bamsey county to recover $1,000 upon defendant’s policy of insurance upon tbe life of George B. Doug'berty in favor of bis mother, tbe plaintiff. Tbe case was tried before Brill, J., wbo at tbe close of plaintiff’s testimony denied defendant’s motion for a dismissal of tbe action, and at tbe close of tbe case defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,399.16 in favor of plaintiff.

Action in the district court for Eillmore county to recover $10,000 for libel. Erom an order, Kingsley, J., sustaining defendant’s d©' murrer to the complaint, plaintiff appealed.

Action in the district court for Ramsey county to recover $2,000 upon defendant’s benefit certificate upon the life of Eranlt Pierson in favor of his wife, the plaintiff. The complaint alleged that the insured left home in January, 1905, and had not been heard from since plaintiff received a letter from Sacramento, California, written in April of the same year, stating that he was ill.

Action in the district court for Becker county to recover $2,475 for personal injury. The answer alleged that plaintiff’s injury was caused by his own negligence. The facts are stated in the opinion. The case was tried before Nye, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $2,400 in favor of plaintiff. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $25,000 for personal injury received while in the employ of defendant. The answer alleged that, if plaintiff received any injury, it was- caused solely by his fáilure to exercise ordinary care for his own protection, and that such omission was the proximate cause of any injury received.

Action in the municipal court of St. Paul to recover $500. The complaint alleged that while defendant company was cutting and removing ice from Bass lake it did not maintain any fence or guard at the openings made in the ice and waters until the ice had again formed in such openings to the thickness of sis inches, as by law required, and solely by reason of the negligence of defendant in the use of plaintiff’s horses they were drowned.

Action in the district court for Hennepin county to compel defendant to place plaintiff upon its pension rolls and to recover the sum of $25 per month from May, 1912, or such pension as plaintiff was entitled to under the statutes of the state and the by-laws of defendant.

Action in tbe district court for Ramsey county against J. G. Edwards and J. O. Eeltbous to recover $7,705.60 as commission of $3 per acre for finding- a purchaser for defendants’ land. Tbe facts are stated in the opinion. The case was tried before Quinn, J., who when plaintiffs rested granted defendants’ motion for a directed verdict. From an order denying their motion fpr a new trial, plainiffs appealed.

Action in the district court for St. Louis county by the partners ■of the firm doing business under the name of Pickands, Mather & Co., the Hobart Iron Co., and the Northwestern Trust Co., as administrator of the estate of John Mozina, to recover $409.50. The answer denied that plaintiffs performed the conditions of the policy ■of insurance mentioned in the opinion requisite to entitle them to recover any sum whatever under the policy.

Two actions by tbe administrator de bonis non with the will annexed of the estate of H. A. Corey, deceased, in the district court for Winona county.

Id the matter of the application of the state of Minnesota, by its attorney general, to the district court for Ramsey county, for the condemnation of certain lands, Effie K. Yan Reed, Louis S. Tainter and others, trustees under the will of Andrew Tainter, deceased, Yallie A, Knapp and others, trustees under the will of John II.

Action in the district court for Hennepin county against Hugh Y. Mercer, George M. Gillette and William E. McEwen to recover a balance of $519.06.

Action in the district court for Hennepin county to obtain a judgment that plaintiff is the owner of the leasehold interest, in the premises described in the complaint, for the period of 99 years from January 10, 1901, that a certain lease had never been canceled or forfeited, and defendant had no estate or interest in the premises adverse to the leasehold interest of plaintiff. The facts are stated in the opinion.

<p>Contractor’s Bond.</p> <p>1. A county ditch contractor’s bonds held to-be valid statutory obligations to the extent of the fair import of the language used in their conditions, but no further.</p> <p>Evidence.</p> <p>2. Evidence in actions on such bonds held sufficient to connect the items sued for with the ditches covered by the bonds.</p> <p>Meaning of “materials.”</p> <p>3. Axes, hack-saw blades, horse feed, and provisions, held not “materials” furnished in the execution of the contract, within the meaning of the bonds.</p> <p>Euel.</p> <p>4. Items for coal and wood consumed in generating power used in the ditching work, and for labor as cook for the workmen, held within the terms of the bonds.</p> <p>Assignment of wages.</p> <p>5. The issue of noncompliance with G. S. 1913, § 3858, requiring notice of assignments of wages to be given to the employer, held sufficiently raised by defendant’s general denial of assignments sued on.</p> <p>Act valid.</p> <p>6. This statute sttstained, as against a claim that it is unconstitutional as infringing upon freedom to contract and on the ground of class legislation.</p> <p>Note. — The authorities on the question of the nature of labor or materials which will support an action upon a contractor’s bond are collated in a note in 43 L.R.A. (N.S.) 162.</p> <p>Double costs.</p> <p>7. Double costs under G-. S. 1913, § 7975, held improperly allowed where no claim therefor was made in the complaint, and no proof of the right thereto on the trial.</p>

Action in the district court for Cass county to recover $454.50. The facts are stated in the opinion. The case was tried before Wright, J-, who niade findings and ordered judgment for $419.50 in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court for Hennepin county to recover $1,900, being a depreciation of $10 per month in the rental value of plaintiff’s property and $1,800 in the value of his real estate by the operation of defendant’s switching yard: The answer was- a general denial. The facts are stated in the opinion.

Upon the relation of N. Frederick Olson, the district conrt for Hennepin county granted its alternative writ of mandamus directed to Al. P. Erickson, as county auditor of Hennepin county, commanding him to receive and file relator’s affidavit of candidacy for the nomination of the Democratic party for the office of representative in the Thirty-third legislative district, Class 1, and to place his name upon the preliminary ballot of the Democratic party at the election to be…

Upon the affidavit of Charles J. Hunt, this court granted its order directing Louis O. Hoffman, as city clerk of the city of St. Paul, and the several members of the common council of that city, acting in their capacity as a canvassing board, to canvass the returns of a primary election held in that city on March 17, 1914, to correct their return and abstract of votes cast for city officers so as to show that Charles J. Hunt received 150 votes for councilman in the Second…

Action in the district court for Ereeboru county to recover $20,000 for the loss of plaintiff’s foot by amputation. The facts are stated in the opinion. The answer alleged that, if plaintiff sustained any injury, it was hy reason of his own acts and want of due care. The case was tried before Kingsley, J., who at the close of plaintiff’s case dismissed the action without prejudice, upon defendant’s motion. Erom an order granting a new trial, defendant appealed.

Action in the district court for Goodhue county to determine a boundary line. The case was tried before Hodgson, J., who made findings and ordered judgment in favor of plaintiffs. From an order denying his motion for judgment in his favor notwithstanding the decision or for a new trial, defendant appealed.

Action in the district court for Olay county to recover $600, the amount of dividends due to defendant upon certain shares of stock deposited by him with plaintiff bank. The case was tried before Taylor, J., who made findings and ordered that the action be dismissed. Plaintiffs’ motion for amended findings and conclusion of law was denied. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Clay county to annul an assessment made by defendants as directors of the State Bank of Iialstad, Minnesota, and restrain them from selling the stock of plaintiff in that bank. The case was tried before Taylor, J., who made findings and ordered that the action be dismissed. Plaintiffs’ motion for amended findings was denied. From an order denying their motion for a new trial, plaintiffs appealed.

Action removed to the district court for Clay county to recover $1,000 from defendant as his proportionate share of a promissory note which plaintiffs were compelled to pay. The case was tried before Taylor, J., who made findings and ordered judgment in favor of plaintiffs for the amount demanded. Plaintiffs’ motion for amended findings was denied. From an order denying his motion for a new trial, defendant appealed.

Action removed to the district court for Clay county to recover for money which plaintiff had been compelled to pay upon the joint notes of plaintiff and defendant. The case was tried before Taylor, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant’s motion for amended findings was denied. Erom an order denying his motion for a new-trial, defendant appealed.

Action removed to the district court for Clay county to recover $10,000' for selling certain horses and cattle in the possession of plaintiff and withholding the proceeds of the sale from him. The case was tried before Taylor, J., who made findings and dismissed the action. Plaintiff’s motion for amended findings was denied. Erom an order denying plaintiff’s motion for a new trial, he appealed.

Action removed to the district court for Clay county to recover $100. The case was tried before Taylor, J., who made findings and ordered judgment in favor of plaintiff for $99.90. Defendant’s motion for amended findings was denied. Erom an order denying his motion for a new trial, defendant appealed.

Action removed to the district court for Clay county to recover $4,288.82.

Action removed to tbe district court for Clay county to recover $7,712.87 for money received. The case was tried before Taylor, J., who made findings and ordered judgment in favor of plaintiff for tbe amount demanded. From an order denying its motion for a new trial, defendant appealed.

Action in tbe district court for Hennepin county to recover $1,-252.49 for injury to plaintiff’s automobile in a collision with defendants. The answer alleged that if plaintiffs suffered any damage it was caused by the negligence of plaintiffs and their servant in charge of their automobile to exercise ordinary care. The case _was tried before Hale, J., who at the close of plaintiffs’ testimony granted defendant’s motion for a directed verdict.

Action in the district court for Clay county against the village of Winnepeg Junction, and the treasurer and trustees of that village, to restrain defendants from distributing the balance collected from taxes by defendant village and to direct them to pay it over to plaintiff as the legal successor of defendant village. The ease was tried before Taylor, J., who made findings and ordered the dismissal of the action.

Action in the district court for Ramsey county for the appointment of a receiver for the purpose of carrying on the business conducted by plaintiff and defendant and to dissolve the partnership between them. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of plaintiff for the dissolution of the partnership with the right to either party upon notice to apply to the court for the appointment of a receiver of the partnership property.

Action in the district court for Hennepin county to cancel and discharge of record a certain judgment against plaintiff. The facts are stated in the opinion. The case was tried before Steele, J., who made findings 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 recover $3,-240.94 for professional services as attorney at law.

Action in the district court for Lyon county to recover $30,000 for injury received while in the employ of defendant as section man. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion to dismiss the action and its motion for a directed verdict, and a jury which rendered a verdict for $10,000 in favor of plaintiff.

From a judgment of the district court for Sibley county, entered pursuant to the order of Morrison, J., reversing a judgment of a justice of the peace in favor of plaintiff, he appealed.

Upon the relation of Eobert M. Works, the district court for Hennepin county granted him a writ of habeas corpus, directed to Otto S. Langum, as sheriff, and Neis Clausen, as county jailer, of that county.

Action in the municipal court of St. Paul to recover $154.69 with interest. The case was tried before Einehout, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Erom an order denying its motion for a trial, defendant appealed.

Action in tbe district court for Hennepin county by William C. Sinclair, doing business as Sinclair Advertising Co., to recover $225. Tbe case was tried before Steele, L, who wben plaintiff rested granted defendant’s motion for a directed verdict. Erom an order granting plaintiff’s motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury of the crime of carnally knowing and abusing a female child, was tried and convicted in the district court for Stearns county before Koeser, J., and a jury, and sentenced, to hard labor in the state prison for an indeterminate term. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $1,425 upon 12 promissory notes. The facts are stated in the opinion. The case was tried before Booth, J., who denied defendant’s motion to dismiss the action on the ground that the notes were executed without any consideration, and denied plaintiff’s motion to dismiss the counterclaim of defendant, and a jury which returned a verdict in favor of plaintiff for $1,262.63.

After the decision upon the former appeal, reported in 122 Minn. 97, 142 N. W. 1, plaintiffs moved separately both as trustees and as individuals to amend the findings as stated in the opinion. The motion was heard and denied by Dickinson, J. The motion of plaintiff Fryberger to be allowed the sum of $4,800 for legal services as attorney for the trustees, was heard and denied, Dickinson, ITale, Steele, Booth, Molyneux, Jelley and Leary, JJ.

Action in tbe district court for Hennepin county by a taxpayer of that county to restrain defendánt county and the members of the board of commissioners of that county and the county auditor from proceeding under a certain petition for a state rural highway, or from paying out any funds of the county for work or materials for the construction and improvement of a certain state rural highway to be known as Rockford Road, No. 33, under a certain resolution of the board of…

Defendant was accused in the municipal court of St. Paul of unlawfully shipping one can of cream over its railroad line a distance of more than 65 miles, said shipment not having been made in a refrigerator car effectively iced, and in a sanitary condition, and said cream not having previously undergone an effective process of pasteurization, contrary to the statute.

Upon the xelation of Thomas J.- Meighen, the district court for Fillmore county issued its alternative writ of mandamus, directing •George E. Weatherill, as county auditor of that county, to receive and file the affidavit of candidacy of relator for the office of state senator for the Fifth senatorial district, consisting of the county of Fillmore, at the primary election to be held on June 16, 1914, as a nonpartisan candidate for the nomination.

Action in tbe district court for St. Louis county to recover $6,045.-79. Tbe facts' are stated in tbe opinion. Tbe case was tried before Cant, L, who, at tbe close of plaintiff’s case, denied defendant’s motion to dismiss tbe action, and made findings and ordered judgment in favor of plaintiff for $5,007.56, less the sum of $719.20, the proportionate part of the sum of $3,100. From the order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Otter Tail county by tbe administrator of tbe estate of Dennis E. Wiles, deceased, to recover $50,000 for tbe death of bis intestate while in tbe employ of defendant.

Action in the district court for Nice county to enjoin defendant from maintaining a fence and in any way interfering with the free use of a certain highway, where the same crosses his land. The case was tried before Childress, J., who denied defendant’s motions to dismiss the action and for a directed verdict, and a jury which returned an affirmative answer to the question whether there was a public road along the line described in the complaint.

Action in the municipal court of Minneapolis to recover $428.84. From an order, Bardwell, <7., sustaining the separate demurrers of defendants, plaintiff appealed.

Action in the district court for Clearwater county against defendant Neslund and the town board of the town of Eddy, to enjoin them from trespassing upon plaintiff’s land for the purpose of opening a road.

Action in tbe district court for Brown county to recover $7,500 for the death of plaintiff’s intestate while in the employ of defendant. The answer alleged that if (he intestate died from electrocution, it was not by reason of defendant’s negligence, but entirely by reason of his own fault, and that such risk was assumed by him.

Action in the district court for Washington county to determine a boundary line. The facts are stated in the opinion. The case was tried before Stolberg, J., who made findings and ordered judgment in favor of defendant Andrew W. Johnson for his costs and disbursements. Erom the judgment entered pursuant to the order for judgment, plaintiff appealed.

After the former appeal reported in 117 Minn. 473, 136 N. W. 1, defendants answered the complaint. The case was tried before Dickson, J., who made findings and ordered judgment in favor of plaintiff for $9,876.19, and interest. Defendants’ motion to amend the findings of fact and conclusions of law was denied. From the judgment entered pursuant to the order for judgment, defendants appealed.

This court granted its writ of certiorari to review an order of the district court for Ramsey county, Brill, J., denying the application of the American Central Insurance Co. and six other insurance companies, in accordance with Laws 1913, p. 619, c. 421, to appoint a competent, disinterested and impartial umpire to act with C. S. Silk, who had been selected by them to act as their appraiser, to act with him as a board of appraiser's to determine the amount of loss to…

Action in tbe district court for Ramsey county to exclude defendant and its servants from plaintiffs premises on Raspberry Island in tbe Mississippi river, from tbe water in front of tbe premises and between the premises and the channel of the Mississippi river, and to require defendant to remove certain obstructions placed in the river in front of the premises, to enjoin defendant from entering upon them and for $1,000 damages.

Action in the district court for Hennepin county to recover $6,500 for services performed for defendant at its request. The case was tried before Dickinson, J., who at the close of plaintiff’s case denied defendant’s motion for a directed verdict 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 municipal court of St. Paul to recover $116.15. The facts are stated in the opinion. The case was tried before Einehout, J., who made findings and ordered judgment in favor of plaintiff for $91.15. Erom an order denying its motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $10,000 for assault and battery, committed while plaintiff was officiating at a religious service in the Synagogue of the Sons of Abraham. The case was tried before Catlin, J., who denied the motion of defendant David Fink for a directed verdict, and a jury which returned a verdict for $5,000 in favor of plaintiff.

Action in tbe district court for Sibley county to restrain tbe members of the town board of Bismarck and its clerk, and defendant Lawrenz, from establishing or constructing a certain ditch across the… Held: at which plaintiff without objecting to the jui’isdiction of the board took part, and that the time for taking an appeal from such action had elapsed and no appeal had been taken therefrom, and also set out proceedings taken subsequent to said decision of the board.

James A. Earrell served and filed notices of appeal to the district court for St. Louis county from the decision of the Common Council of the city of Duluth, acting as a .canvassing board of votes cast at the general municipal election held on April 1, 1913, for the election of mayor and four commissioners of that city, whereby the board certified Roderick Murchison received a total of first choice, second choice and third -choice votes aggregating 2,877, for the office of…

William E. McEwén served and filed notice that be appealed to tbe district court for St. Louis county from tbe decision of tbe Common Council of tbe city of Duluth acting as a canvassing board of votes ■cast at tbe general municipal election beld on April 1, 1913, whereby that board certified tbat contestant received 1,351 first cboiee votes, 806 second cboiee votes and 969 additional choice votes, William I. Prince received 1,546 first choice votes, 947 second choice votes…

Upon tbe relation of Charles Sholund, this court granted its writ of certiorari directed to the mayor and common council of the city of Duluth to review the proceedings of the mayor and council in relation to the revocation of relator’s license to sell liquor.

Action in the district court for Blue Earth county to recover $25,-000 for personal injury received while a passenger for hire in defendant’s automobile. In his answer defendant alleged that he was not engaged in the business of a common carrier and that he carried plaintiff as an accommodation. The case was tried before Pfau, J., and a jury which returned a verdict for $4,600 in favor of plaintiff.

Action in the district court for Nobles county to recover $368.75. The case was tried before Nelson, 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 removed to tbe district court for Polk county to recover $1,500. Tbe substance of tbe complaint and of tbe answer will be found in tbe opinion. Tbe case was tried before Watts, L, wbo made findings as stated in tbe opinion, and dismissed tbe action. Prom tbe judgment entered pursuant to tbe order for judgment, plaintiff appealed.

Action in tbe district court for Itasca county by a taxpayer of tbe village of Deer River to enjoin tbe defendant auditor of Itasca county from drawing bis warrant upon the county treasurer for any part of tbe funds derived from tbe taxes upon tbe property witbin defendant village of Deer River and from paying any part thereof to defendant town of Deer River or any of its bondholders, and to enjoin defendant county auditor from levying'upon tbe taxable property of tbe…

Action in the municipal court of St. Paul to recover $223 for medical and surgical services rendered defendants’ minor son. The case was tried before Hanft, J., who granted defendants’ motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in tbe district court for'Scott county to recover $1,650 for work and labor under a contract with defendant county. The defense pleaded is stated in the opinion. The case was tried before Morrison, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict of $840 in favor of plaintiffs. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Jackson county to recover $2,000 for personal injury caused by negligent driving of defendant’s motor vehicle. The case was tried before Quinn, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Norman county to recover $7,500 for personal injury and $125 for injury to one of plaintiff’s horses. The case was tried before Grindeland, J., who granted defendant’s motion to dismiss the action as to the second cause of action and denied its motion to return a directed verdict and a _ jury which returned a verdict for $1,000 in favor of plaintiff.

Action in the district court for Hennepin county against the Second Avenue Investment Co. and William E. Goodfellow to recover $25,000. The substance of the complaint is stated at the beginning of the opinion. The motion of the investment company for judgment on tbe pleadings was granted, Dickinson, J. From tbe judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to determine' adverse claims to a certain vacant and unoccupied city lot. The answer alleged that defendant was in the actual possession thereof as owner. The facts are stated in the opinion. The case was tried-before John Day Smith, J., who made findings and ordered judgment in favor of defendant Spear. From an order settling the case Steele, J., and from an order granting a new trial, Hale, J., defendant Spear appealed.

Action in the district court for St. Louis county to recover $555.51 upon defendant’s written agreement to be responsible to plaintiffs for the payment of any indebtedness of Lottie J. Barber on account of goods sold and delivered. The answer was a general denial. The case was tried before Ensign, J., who denied defendant’s motion to dismiss the action and his motion for a directed verdict, and a jury which returned a verdict in favor of plaintiffs for $585.67.

John A. Sinclair applied to the district court for St. Louis county to register his title to certain city lots. Samuel E. Matter objected to the application, alleged that he himself was the owner in fee simple of the premises and in actual possession of them, and made application to register the title in himself.

Action in the district court for Crow Wing county to determine adverse claims of defendant company to the minerals and mineral rights in certain premises described in the complaint. The defendant in its answer alleged that it was the owner of the premises and plaintiff had no right or title, interest or claim against it.

Defendant was charged in the municipal court of the city of Sleepy Eye with cohabiting with a single woman against the statute, was tried before Cutting, J., and a jury, and convicted and sentenced to pay a fine of $100 and costs or be committed to the county jail for a period not to exceed 90 days. From the judgment and sentence, •defendant appealed to the district court for Brown county upon questions of law alone.

Action in the district court for Lyon county to recover $1,000 from defendant DeCock, road overseer, and defendant DeLanghe. The case was tried before Olsen, J., who granted defendants’ motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in tbe district court for Ramsey county to recover $2,000 upon defendant’s policy of insurance upon tbe life of plaintiffs’ son. Tbe defense set up in tbe answer is stated in tbe opinion. Tbe case was tried before Kelly, J., wbo denied defendant’s motion for a directed verdict, and a jury wbi'cb returned a verdict for $1,456 in favor of plaintiffs. Erom an order denying its motion for judgment notwithstanding tbe verdict or for a new trial, defendant appealed.

Action in the district court for Swift county to recover $400 for defendant’s failure to rebuild plaintiff’s barn in as good condition as the one destroyed, and $200 for defendant’s failure to pay the loss on account of injury to its contents.

Action in ejectment in the district court for Hennepin county and for $300 for the use and occupation of the premises described. The case was tried before Jelley, J., who denied plaintiff’s motion for a directed verdict in his favor, and a jury which returned a verdict in favor of defendant. Prom an order denying his motion for judgment notwithstanding the verdict or for a new trial; plaintiff appealed.

Action in the district court for Polk county to recover $1,995 for services in procuring a purchaser for defendant’s land. The answer was a general denial. The case was tried before Watts, J., and a jury which returned a verdict in favor of defendant. Prom an order denying his motion for a new trial, plaintilf appealed.

John J. Kirby obtained from this court an order directing George J. Ries, as auditor of Ramsey county, to accept the filing- fee and accept and file the affidavit of candidacy of said Kirby for the office of judge of the municipal -court of St. Paul, or show cause why he should not do so. The respondent made answer.

Upon the relation of the Minnesota Investment Co. and three others, this court granted three orders to show cause, directed to the judge and clerk of the district court for Swift county, requiring them to show cause why three writs of manda mus should not issue ordering them to transfer to the district court for Hennepin county all the files and records in three certain actions in their court against relators in which one Cooper, one Loomans and one Opp were plaintiffs…

<p>Case followed.</p> <p>Action in the district court for Yellow Medicine county to recover $10,000 for injury received while in defendant’s employ. The case was tried before Powers, J., who denied defendant’s motions for a directed verdict in its favor, and a jury which returned a verdict of $900 in favor of plaintiff.</p>

. Action in the district court for Ramsey county by the administratrix of the estate of Merlin E. Gotschall, deceased, to recover $5,000 for his death while in the employ of defendant as a freight brakeman. The case was tried before Stanton, J., who granted defendant’s motion for a directed verdict. From an order granting plaintiff’s motion for a new trial, defendant appealed.

After the former appeal (see page 159, supra) judgment was entered in the district court in favor of plaintiff. From that judgment, defendant appealed.

Upon the relation of Joseph Gagnon the court commissioner of St. Louis county granted its alternative writ of mandamus, directing George Bjornstad, as clerk, and Ben Behnke and John Anderz, as trustees, of the village of Costin to call á special meeting of the village council of that village, for the purpose of considering a certain petition for a special election to vote upon the question of the dissolution of the village, or show cause before the district court for that…

Upon the relation of Aline Smith, doing business as the Samaritan Hospital, the district court for Beltrami county granted its alternative writ of mandamus directed to Theodore Welte, as chairman of the board of county commissioners of Clearwater county, and H. K. Rude, as county auditor of that county, requiring them to issue to the Samaritan Hospital a warrant of Clearwater county for the sum of $24.50, or show cause why they had not done so.

After the former appeal, reported in 121 Minn. 530, 141 N. W. 304, the action was tried before Finehout, J., who made findings and ordered judgment in favor of plaintiff for $150. From an order denying its motion for a new trial, defendant appealed.

Defendant was accused in the municipal court of St. Paul of selling a certain drug within the limits of that city, not being a registered pharmacist, voluntarily appeared in court, pleaded not guilty and was convicted and sentenced by Pinehout, J., as stated in the opinion. Prom the order suspending sentence until May 29, 1914, the state appealed.

Action by five corporations to recover $1,873.59. The case was tried before Dickinson, J., who denied defendant’s motion for a directed verdict and a jury which returned a verdict in favor of plaintiffs for $1,052. Prom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

After the former appeal (124 Minn. 503, 145 N. W. 381) judgment was entered in the district court in favor of plaintiff. From that judgment, defendant appealed.

After the former appeal (see page 96, supra) judgment was entered in the district court in favor of plaintiff. From that judgment, defendant appealed.

Upon the verified petition and motion of Charles B. Jack, a candidate for nomination at the primary election for the office of judge of the Nineteenth judicial district, this court granted an order directing Julius A. Schmahl, as secretary of state of the state of Minnesota, and J. T. Mider, to show cause why the court should not issue its order, directing said secretary of state not to certify the name of respondent Mider to the several county auditors of the several…

Action in the district court for Clearwater county to recover $16.10, balance due for goods sold and delivered. The answer expressly denied indebtedness in any sum whatever. The case was tried before Wright, J., and a jury which returned a verdict in favor of plaintiff. Prom an order denying his motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis by the guardian of Andrew Hanson, a minor, to recover $500 for injury suffered by plaintiff while delivering ice at defendant’s request upon the premises of the latter. The case was tried before Montgomery, J., who denied defendant’s motion to dismiss the action and his motion for a directed verdict, and a jury which returned a verdict for $100 in favor of plaintiff.

Action in the district court for Itasca county to determine adverse claims to certain vacant and unoccupied real estate.