Volume 126 — Minnesota Reports

After the former appeal, reported in 115 Minn. 404-, 132 N. W. 321, defendant Owen answered the complaint, setting up as a bar to the action the judgment in the action between the parties which is mentioned in the opinion, and also setting up the order of the district court in the condemnation proceedings referred to in the opinion, pursuant to which the money involved in the action was paid to defendant Owen.

Upon the relation of Joseph Miller, the district court for Martin county granted its writ of habeas corpus directed to the sheriff of that county, requiring him to show cause why relator was detained in custody. The matter was heard before Quinn, J., who quashed the writ and remanded relator to custody. Prom the order discharging the writ, relator appealed.

Action in the district court for Ramsey county to recover $25,000 for slander. Erom an order, Gatlin, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

After the decision upon the former appeal reported in 122 Minn. 444, 142 N. W. 705, judgment was entered as directed by this court. Erom the judgment, defendant appealed.

Action in tbe district court for Aitkin county to recover $15,000. The facts are stated in the opinion. The case was tried before McClenahan, J., who granted defendant’s motion to dismiss the action as to all of the plaintiffs except J. C. Knapp. From the order denying their motion for a new trial, plaintiffs appealed.

Action in tbe district court for Goodhue county against William McVey individually and as administrator with the will annexed of the estate of Hugh Vallely, deceased, to recover $423.29.

Action in the district- court for Ramsey county by the administrator of the estate of John Nichols, deceased, to recover $10,000 for the death of her intestate while a passenger upon one of defendant’s trains. From an order denying plaintiff’s motion to substitute Delia Skinner as plaintiff, and to amend the complaint, plaintiff appealed.

Two actions in the district court for St. Louis county. They were tried before Fesler, J., who denied defendant’s motion to dismiss the action and its motion for a directed verdict, and a jury which returned a verdict of $500 in the father’s case and of $1,000 in the boy’s case. From an order granting defendant’s motion for judgment in its favor notwithstanding the verdict, plaintiff appealed.

Upon the petition of Harry L. Fowler, the district court for Hennepin county issued its writ of habeas corpus directed to Otto S. Langum, as sheriff of that county. The respondent made return that the petitioner was placed in his custody by virtue of a warrant issued by the Governor of Minnesota, upon the requisition of the Governor of Wisconsin for the delivery of petitioner as a fugitive from justice.

Action in the district court for Otter Tail county to recover $330.-99 on a promissory note.

Defendant was indicted by the grand jury, tried in the district court for Itasca county before Stanton, J., and a jury, and convicted of the crime of selling intoxicating liquor to an intoxicated person. From an order denying her motion for a new trial, defendant appealed.

Action in the district court for Eamsey county by the administrator of the estate of Doris Thoreson to recover $5,000 for the death of his intestate. The ease was tried before Stanton, J., and a jury which returned a verdict in favor of defendant. Erom an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Nicollet county to obtain a conveyance of certain premises described in the complaint pursuant to the written contract between the parties, upon the payment by plaintiff of the unpaid purchase price, and to declare a certain deed from plaintiff and her husband to defendant to be a mortgage. The facts are stated in tbe opinion.

Action in the district court for Le Sueur county to recover $85.50 for the conversion of certain chattels. The case was tried before Morrison, L, who made findings and ordered judgment for $93.62 in favor of plaintiffs. From the order denying his motion for a new trial, defendant appealed.

Action for divorce in the district court for Ramsey county. The ■case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of plaintiff. From an order denying her motion for judgment notwithstanding the findings or for a new trial, defendant appealed.

Defendant was indicted by the grand jury of the crime of unlawfully taking and receiving an order for the sale of intoxicating liquor, in a village in which a majority of the votes at the last election was not in favor of license. Defendant’s demurrer to the indictment was overruled, Watts, J., who, at the request of defendant, certified to this court the two questions whose substance is given in the opinion. Case remanded, after answering the questions in the negative.

Action in the district court for St. Louis county to recover $2,-090.59.

Action in the district court for Hennepin county by the county attorney in the name of the state against defendants Lane, Kalogerson, Hadris, Isadore Weisman, William Weisman, and all other persons or parties unknown claiming any right, title, estate, lien or interest in the personal property and real estate described in the complaint, to abate a nuisance, to enjoin defendant Lane from maintaining the nuisance, to enjoin the other defendants from permitting such use of the…

Action in the district court for St. Louis county to foreclose a mortgage. The defense is stated in the opinion. The case was tried before Cant, J., who made findings and ordered judgment annulling the deed from plaintiff to defendant Hans, the mortgage described therein and the note secured by the mortgage, and ordering judgment for $1,318 in favor of defendant Hans. Erom the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Sibley county to recover $120, defendant’s share of the cost of the necessaries provided by plaintiff for the destitute infant grandchildren of plaintiff and defendant. Defendant’s demurrer to the complaint was overruled, Morrison, J. Defendant answered and the case was tried before the same judge, and a jury which returned a verdict in favor of plaintiff for $100. From the judgment entered pursuant to the verdict, defendant appealed.

Upon tbe relation of tbe Minnesota Telephone Co. the district court for Crow Wing county issued its alternative writ of mandamus, directed to tbe city of Brainerd and its mayor and tbe members of its city council, requiring them to approve tbe plans submitted by relator for tbe construction of its telephone exchange within tbe city of Brainerd, or to designate such other streets and alleys for tbe use of petitioner in tbe construction of its telephone exchange as their…

Three actions in the district court for Ramsey county under Laws 1913, p. 815, c. 562, for abatement of bawdy houses.

Action in the district court for Waseca county. The motion of defendant to dismiss the action for want of prosecution was granted, Childress, J. From the judgment entered pursuant to the order, plaintiff appealed.

Upon the relation of George J. Bradley and the other members of the Game and Eish Commission of the state of Minnesota and Alfred De Smidt, this court-granted its writ of certiorari to review the ruling of Samuel G. Iverson, as auditor of the state of Minnesota, declining to grant the request of relators and to approve for payment vouchers to be presented to him prior to August 1, 1914, for expenses and services incurred in the maintenance of the Game and Fish Commission,…

Action in the district court for Stearns county to recover $468 under the terms of a certain agreement. The case was tried before Nye, J., who denied plaintiff’s motion for a directed verdict for the amount claimed, and a jury which returned a verdict for $480.87 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 against A. D. Clarke, A. D. Clarke & Co. and C. M. Best to cancel certain instruments, to recover $19,621.60, and to restrain defendants from negotiating or transferring certain mortgages. The case was tried before Steele, J., who made findings and ordered judgment in favor of plaintiffs for $7,324 and for the relief demanded.

Action in the district court for Washington county to recover $201. The answer admitted the receipt of the message mentioned in the complaint and opinion, denied any negligence on the part of defendant or any of its servants in the transmission or delivery of the message, and expressly denied that plaintiff suffered any damage by reason of any act or omission of defendant.

Action ■ in the district court for Lincoln county against Marcus Lauritsen, H. H. Baldwin and Thiel Detective Service Co. to recover $30,200 for malicious prosecution. The answer was a general denial. The case was tried before Olin B. Lewis, J., and a jury which rendered a verdict for $10,000 in favor of plaintiff. Defendant’s motion for judgment notwithstanding the verdict was granted. From the judgment of $750.99-for costs and disbursements, plaintiff appealed.

Action in the district court for Le Sueur county by the administrator of the state of John Kennedy, deceased, to recover $7,500 for the death of plaintiff’s intestate. The case was tried before Morrison, J., who sustained defendant’s objection to the introduction of any testimony upon the ground the complaint did not state a cause of action. From an order denying his motion for a new trial, plaintiff appealed.

Action in justice court to recover $75, under defendant’s policy insuring plaintiff against accident; On appeal to tbe municipal court of St. Paul, tbe case was tried before TIanft, J., wbo made findings and ordered judgment for $45 in favor of plaintiff. From an order denying its motion to amend tbe findings or for a new trial,'defendant appealed.

Action in the municipal court of Duluth to recover $36.17 for conversion of personal property delivered to defendant at Cohasset, Minnesota, for shipment to Duluth and for $25 penalty under Laws 1911, p. 426, c. 306. The case was tried before Windom, J., who denied plaintiff’s and defendant’s motions for a directed verdict, and a jury which returned a verdict for $61.17 in favor of plaintiff.

Action in the district court for Stearns county to determine that the real estate described in the complaint was the property of defendant Patrick B. Gorman, although the title of record stood in the name of defendant Louise Gorman; that the judgment in favor of plaintiff in the district court for Morrison county he decreed to be a lien upon the premises, subject to a certain lease and mortgages, and that the court command an execution to be issued and the sheriff of…

Action in the district court for Ramsey county by the special administratrix of the estate of Jeanette Wilfond, deceased, to recover $5,000 for the death of her intestate from injuries received at a fire in defendant’s building. The case was tried before Dickson, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $930 in favor of plaintiff.

Action in the district court for Ramsey county to recover $15,000 for personal injury received at tbe time of a fire in a building owned by defendant. Tbe facts are stated in tbe opinion. Tbe case was tried before Olin B. Lewis, J., wbo denied defendant’s motion to dismiss tbe action, and a jury wbieb returned a verdict of $3,713 in favor of plaintiff. From an order denying her motion for judgment notwithstanding the verdict, defendant appealed.

Action in the district court for Ramsey county to enjoin the enforcement of a judgment against plaintiff, and to satisfy the same uf record. From an order, Catlin, J., denying plaintiff’s motion for an injunction, plaintiff appealed.

Action, in the district court for Stearns county against Clarke Waite and Ida Waite, his wife, to obtain specific performance of a -certain agreement and to reform its terms. The ease was tried before Parsons, L, who, at the close of plaintiff’s case, denied defendants’ motion to dismiss the action and made findings and ordered judgment reforming the agreement in certain respects but denied its specific enforcement.

Action in tbe district court for Steele county. The case was tried before Childress, J., and a jury which answered in the negative the question whether plaintiff was justified in refusing to accept the bond of February 12, 1910, and a general verdict in favor of defendant for the return of the property or $2,260.51 in ease it could not be returned. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Waseca county to recover $25,000. The facts are stated in the opinion. The case was tried before Childress, J., who denied separate motions of the defendants for directed verdicts in their favor, and a jury which returned a verdict of $500 in favor of plaintiff and answered in the affirmative the question ■whether Gates Phillips was in the employment of defendant railway company at the time he made the investigation in the case.

Five actions in the district court for Hennepin county against the same defendant to recover $1,300, $3,000, $1,000, $5,000 and $15,-000, respectively. The cases were tried together before Jelley, J.,. and a jury which returned a verdict in each case in favor of the defendant. From an order denying in each case plaintiff’s motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $15,000 for personal injury received while in the employ of defendant. The answer denied that the injury was caused by any negligence on the part of defendant or its employees and alleged that the accident resulted from the negligence of plaintiff and that his negligence contributed to the accident. It also denied that at the time and place of the accident plaintiff was engaged in interstate commerce work.

Action in the district court for Hennepin eounty to recover $50,-000 for breach of contract to sell standing timber in the state of Washington. The former appeals in this action are reported in 111 Minn. 418, 127 N. W. 395, 923; 115 Minn. 491, 132 N. W. 992, 118 Miuu. 273, 136 N. W. 738, and 122 Minn. 266, 142 N. W. 305. The case was tried before Steele, J., who at the close of plaintiff’s case granted defendant’s motion to dismiss the action.

In tbe matter of tbe estate of Roswell R. Hurlburt, William Frank Hurlburt appealed from tbe probate court for Hennepin county to tbe district court for that county. Tbe appeal was tried before Hale, J., and a jury. Hpon tbe return of tbe verdict William Frank Hurlburt objected to tbe reception of tbe verdict, for tbe reason that tbe jury bad not deliberated 12 hours and that the verdict was not a unanimous verdict. Tbe verdict was signed by 10 jurors.

Application to the district court for Nobles county to open a default judgment. The motion was granted, Nelson, J. From the order vacating the judgment and allowing defendant to defend, plaintiff appealed.

Action in the district court for Ramsey county against G. N. Berggren, Scandinavian American Bank, John Gorman and Prank Adsit to recover $321.45. The facts are stated in the opinion. The case was tried before Gatlin, J., who made findings and ordered judgment in favor of defendant Adsit for the amount demanded. Prom an order denying its motion to amend the conclusions of law and or-der for judgment or for a new trial, plaintiff appealed.

Application to the municipal court of Duluth to set aside a judgment in favor of plaintiff for the sum of $107. The motion was granted, Windom, J. From the order granting the motion and setting aside the judgment, defendant appealed to the district court for that county where the order was affirmed, Ensign, Cant, Dancer and Fesler, JJ. From the order of the district court affirming the order of the municipal court, defendant appealed.

Action in the district court for St. Louis county against Northwestern Clearance Co. and Frank M. Kreidler to compel defendant company to issue to defendant Kriedler the number of shares of stock which he was entitled to receive from that company and to transfer the stock to plaintiff in accordance with the agreement mentioned in the opinion.

Action in the district court for Hennepin county to recover $10,-000 for personal injury received while the infant plaintiff was in the employ of defendant.

Action in ejectment in the district court for Houston county to recover a strip of land about one rod in width on the south boundary of a 40-acre tract. The case was tried before Kingsley, J., who at the close of the testimony directed the jury to return a verdict in favor of defendant. From the judgment entered pursuant to the verdict, plaintiff appealed.

Upon the relation of School District No. 44 of Wright county the district court for that county granted its writ of certiorari, directed to the county board of Wright county, its members, and John A. Berg, county auditor, to review the proceedings of the county board relating to the division of funds of relator. Thereafter school district No. 139 of Wright county was ordered to show cause why the order of the county board should not be reversed.

Application by John S. Tucker to the district court for Lincoln ■county to register title to certain land.

Action in the district court for Koochiching county to determine adverse claims to certain vacant and unoccupied premises. Defendant answered that it was the owner and entitled to the possession of a portion of the land described in the complaint.

Action in tbe district court for Ramsey county to recover $105. Tbe case was tried before Dickson, J., who made findings and ordered judgment in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,440. Defendant’s motion for judgment on the pleadings was granted, Molyneux, J. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

<p>Libelous words.</p> <p>1. Written publications calculated to injure a man’s character and to lower him in the confidence and respect of his fellow men are, if false, libelous per se. The publication here in question is within this rule.</p> <p>Notice to retract.</p> <p>2. Under G. S. 1913, § 7901, it is not indispensable that the notice of retraction specify each particular part of a published article which contains false and defamatory matter. It is sufficient if from the article and the notice together the publisher can, without difficulty, determine the words that contain the sting and which it is expected to retract.</p> <p>Pleading truth of charge — evidence admissible.</p> <p>3. Where the article was called forth by a particular sale transaction, and in effect charges generally that plaintiffs were crooks and dishonest, and defendant pleads the truth of the charge, any evidence tending to prove that plaintiffs perpetrated a fraud in the sale is pertinent to the issue. It is proper to show that the thing sold was worth much less than the selling price, that plaintiffs knew it, and that they made false representations in the sale. Evidence of what the article sold for in the market is material evidence of its value.</p> <p>Offer of proof.</p> <p>4. Where proof is sought to be elicited on cross-examination, and is excluded, it is not necessary to make an offer of proof to present the question for review.</p> <p>Examination of adverse party — impeachment.</p> <p>5. Where an adverse party is called for cross-examination under the statute, the party calling him may impeach or contradict him. The attention of a witness may be called to testimony given by an adverse witness, and he may be asked if such testimony is true.</p> <p>Note. — The authorities on the question of truth as a defense to a civil action for libel or slander are discussed in notes in 21 L.R.A. 502 and 31 L.R.A. (N.S.) 132.</p>

Action in the district court for Hennepin county to recover $91.10. The case was tried before Olsen, L, who when plaintiff rested granted defendant’s motion to dismiss the action. Plaintiff’s motion for a new trial was denied. From the order denying its motion for.a new trial and from the judgment of dismissal, plaintiff appealed.

In the matter of the estate of George E. Hamilton, deceased, Mary O. Johrden, Anna Lord and Jane McGrath, formerly Jane Power, appealed from the final decree of the probate court for the county ■of Wilkin to the district court for that county. The appeal was heard upon stipulated facts by Elaherty, J., who in all things affirmed the decree.

Action in tbe municipal court of Stillwater to recover $350 for professional services rendered to Walter Palmersten while in the •employ of defendant. From the judgment in favor of plaintiff, defendant appealed to the district court for Washington county where the' appeal was heard before Stolberg, J., who denied defendant’s motion to dismiss the action and its motion for a directed verdict, and a jury which returned a verdict for $366.33 in favor of plaintiff.

Action in the municipal court of St. Paul to recover $159.54. The case was tried before Finehout, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $500. The case was tried before Bardwell, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $175 in favor of plaintiff. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county by the guardian ad litem of the infant plaintiff to recover $25,000 for personal injury received by the infant while in the employ of defendant.' The amended answer alleged that the injuries received were due solely to plaintiff’s own carelessness and inattention to his own safety and because of his failure to observe for his own protection ordinary care, and that such omission on his part was the proximate cause of any injury…

<p>Garnishment — compensation of attorney.</p> <p>1. Compensation ordered, under G. S. 3933, § 8513, in favor of an attorney at law for defending an indigent accused of crime, is not exempt from garnishment as being fees of a state or public officer.</p> <p>Debt of county garnisliable.</p> <p>2. Such an order is neither a judgment nor the amount thereof in custodia legis, but merely creates a county debt which is garnishable as such.</p> <p>Jurisdiction of court — subsequent writ of mandamus.</p> <p>3. Where prior to the institution of mandamus proceedings in the district court to compel the county auditor to issue his warrant upon an order for compensation under G. S. 1913, § 8513, the municipal court had acquired jurisdiction of an action against the beneficiary of the order and garnishee summons had been served on the county auditor and treasurer before presentation of the order to them, it had the right to proceed to final determination of the rights of the parties, notwithstanding and without regard to a writ of mandamus subsequently issued against the auditor out of the district court.</p> <p>Party not bound by judgment.</p> <p>4. Plaintiff in the action in the municipal court not being party or privy to the judgment in the mandamus proceedings, was not bound thereby.</p>

Action in tbe district court for Hennepin county for an accounting for all sums of money received by defendants as secret profits at the expense of plaintiff in connection with the purchase mentioned in the opinion. The case was tried before Dickinson, J., who made findings- and ordered judgment in favor of defendants. From an order denying its motion for additional findings of fact, for an amendment to the conclusion of law, or for a new trial, plaintiff appealed.

After' the former appeal reported in 123 Minn. 159, 143 N. W. 257, defendant Hanke interposed a separate demurrer to the complaint. The demurrer was sustained, Jelley, J. Erom the order overruling the demurrer, plaintiff appealed.

From an order of the probate court for Dodge county admitting to probate the last will and testament of Lewis Buck, deceased, Dennis Buck appealed to the' district court for that county. ■ The appeal was heard before Childress, J., and a jury which answered in the affirmative the special questions submitted to it, as stated at the beginning of the opinion.

Action in the district court for Ramsey county to recover $35,000 for personal injury to the minor plaintiff. The answer alleged that if plaintiff received personal injury the same was due solely to his negligence which was the sole and proximate cause of the injury.

Action in the district court for Ramsey county to cancel a warranty deed and a quitclaim deed and the record of the same. The case was tried before Gatlin, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $26,-000 for personal injury received by plaintiff while in the employ of the city of Minneapolis and engaged in paving along the tracks of defendant company.

John H. Hanson and two others served notices of contest, under G. S. 1913, § 529, from the canvass of votes cast at an election in the village of Adrian on March 10, 1914, on the question whether license for the sale of intoxicating liquor should be granted in that village. The defendant village and four individuals were named as contestees.

Action in the district court for Becker county by the administrator of the estate of Nay-tah-waush, deceased, to recover $5,490 •upon defendant’s due bill.

In the matter of the estate of We-sng, deceased, the administrator, Gus H. Beaulieu, appealed to the district court for Becker county from the order of the probate court for that county amending his final account as administrator of the- estate. The appeal was heard before Taylor, J., who made findings and modified the order of the probate court by striking therefrom the real estate therein described.

Action in the district court for Renville county to recover from defendant association the sum of $631.02, the amount necessarily expended by plaintiff in connection with an action against plaintiff for malpractice. The answer, among other matters, denied any knowledge on the part of defendant concerning the action for malpractice.

Plaintiff obtained from tbe district court for Hennepin county an order requiring defendant to show cause why it should not be punished for contempt in refusing to obey the judgment in an action requiring defendant to place plaintiff upon its pension roll as a pensioner of defendant from February 14, 1911, and to pay her the sum of $25 a month so long as she should remain unmarried.

. Action in the district court for Hennepin county to obtain a permanent injunction enjoining defendant from erecting an ice house-upon his premises and compelling him to remove any part of the-building already constructed that was contrary to the covenants of’ restriction set forth in the complaint. A motion of plaintiffs- for a temporary injunction was heard before Jelley, J., who granted the-same during the pendency of the action upon filing an indemnity bond.

Action in tbe district court for Winona' county to recover $330.40. Tbe case was tried before Snow, J., and a jury wbicb returned a verdict of $300 in favor of plaintiffs. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to tbe verdict, defendant appealed.

Action in the district court for Hennepin county to recover $4,100 .alleged to have been converted by defendant, and for an injunction. The case was tried before Hale, J., who made findings and ordered judgment in favor' of plaintiff for $3,900. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Washington county to recover '$1,357.72 commissions earned by plaintiff under the agreement mentioned in the opinion. The answer denied the allegations of the complaint. The case was tried before Stolberg, J., and a jury which returned a verdict of $1,136.10, and interest, in favor of plaintiff. From the order denying its motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $25,000' for breach of promise of marriage. The facts are stated in the opinion. The case was tried before Dickson, J., and a jury which returned a verdict for $17,425 in favor of plaintiff. From an order’ denying defendant’s motion for judgment in his favor notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $300 for injury to a consignment of live stock. The amended answer set up the contention mentioned in the third paragraph of the opinion. The case was tried before Bardwell, J., and a jury which returned n verdict for $172.41 in favor of plaintiff. From an order denying defendant’s motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $10,200 for personal injury received while in the employ of defendants. The case was tried before Dickson, J., who denied defendants’ motions to dismiss the action, and a jury which returned a verdict for $1,555 in favor of plaintiff. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Frank E. Hubachek, upon the disallowance of bis claim against tbe estate of Henry F. Brown, deceased, by tbe probate court for Hennepin county, appealed to tbe district court for that county and framed a complaint demanding judgment for $27,100.

Action in the district court for Hennepin county to recover $10,-000 for personal injury received while in the employ of defendant. The case was tried before Jelley, J., who at the close of plaintiff’s case directed a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

TTpon the relation of Cora R. Clark, the district court for Dakota ■county granted its alternative writ of mandamus directed to J. N. Jack, requiring him, as clerk of a certain school district, to issue to relator an order on the treasurer of the school district for- her salary .as teacher for the month beginning November 12, 1913, or show cause why he had not done so. Respondent’s demurrer to the petition ■of relator was overruled.

Erom a judgment of the district court for Hennepin county, Montgomery, J., convicting him of a violation of the ordinance of the city of Minneapolis, and from an order denying him a new trial, defendant appealed.

Action in the district court for Dakota county to recover $775. The case was tried before Hodgson, J., who made findings and ordered judgment for $775 in favor of plaintiff. From an order denying its motion for amended findings or for a new trial, defendant appealed.

From a decision of the common council of the city of Eveleth, acting as a canvassing board, declaring John J. Gleason to be elected mayor of that city, J. S. Saari appealed to the district court for St. Louis county. From the order of the district court, Dancer, J., overruling John J. Gleason’s demurrer to certain allegations in the notice of appeal, he appealed.

Gust Seeling and six other defendants, having been convicted of fishing with a net or seine by a jury in justice court, appealed to the district court for Martin county upon questions of law alone. The appeal was heard before Quinn, J., who made findings and ordered judgment, affirming in all things the judgment of the justice. Erom the judgment entered pursuant to the order for judgment, defendants appealed.

After the decision of the former appeal, reported in 119 Minn. 1, 137 N. W. 162, defendant demanded a second trial. The case was tried before Hodgson, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiffs’ motion for judgment in their favor notwithstanding the verdict or for a new trial, they appealed.

Defendant was indicted by tbe grand jury of tbe' crime of manslaughter in tbe second degree, tried in tbe district court for Benton •county before Boeser, J., and a jury, and Convicted.

Defendant was indicted for the crime of assault in the second degree, tried in the district court for St. Louis county before Hughes, J., and a jury, and convicted. Defendant’s motion for a new trial ivas denied. From the judgment entered pursuant to the verdict, defendant appealed.

Upon the relation of Henry Hines, this court granted its order directing the district court for Hennepin county, and the eight judges of that court, to show cause, pursuant to G. S. 1913, § 8276, why a peremptory writ of mandamus should not issue directing respond-' ent judges and the clerk of that court to desist from taking further ' proceeding in the primary election contest of Henry Nines, as contestant, against Jacob A. O. Preus, as contestee, and to return to tho clerk…

Action in the municipal court of Minneapolis. The case was tried before Charles L. Smith, J., who denied defendant’s motion to transfer the case to the district court because a .question of title was involved, and a jury which returned a verdict in favor of plaintiff. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Stevens county to recover $32,605 for commissions in making sale of farm lands. Tbe case was tried before Flaherty, J., who directed a verdict in favor of defendant M. C. Keating, and a jury which returned a verdict in favor of defendant Keating Land & Mortgage Co. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to set aside a judgment against plaintiff and recover $734 from defendant Lindquist and plaintiff’s expenses in defending his claim for lien, and to recover $205 from defendant Bruce Edgerton Lumber Có.. From orders, Steele, J., striking out certain portions of the complaint, plaintiff appealed.

Two actions in the district court for TIennepin county. The-cases were consolidated by order of court and tried before Hale, J.,. who made findings and ordered judgment for $116,870.61 against, defendant hotel company and for specific performance against defendants Collins. Defendants’ motion to amend the findings or for a new trial was denied. From the judgment entered pursuant to-the order for judgment, defendants appealed.

Action in the district court for Hennepin county against Leonard Nelson, James E. Cummings and the Glenwood-Inglewood Co. to recover $25,000. The case was tried before Jelley, J., who directed a verdict in favor of defendants pursuant to a stipulation between the parties in open court. Erom an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Freeborn county to recover $2,000. The case was tried before Kingsley, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From an order •denying his motion for a new trial, plaintiff appealed.

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

Action in tbe district court for Eed Lake county to recover $175.-33. Tbe facts are stated in tbe opinion. Tbe case was tried before Grindeland, J., wbo made findings and ordered judgment in favor ■of pláintiff for tbe amount demanded. From tbe order denying its motion for amended findings or for a new trial, defendant appealed.

Action in tbe district court for Olay county for tbe appointment of a receiver. Plaintiff obtained an order directing defendants to show cause wby a receiver should not be appointed to take charge of the property and assets of defendants mentioned in the complaint, together with the proceeds of any sales of such property, and an order restraining defendants from selling or disposing of the property mentioned.

Action in the district court for Goodhue county by the administrator de bonis non of the estate of Henry Maetzold, deceased,, against Dora Maetzold and the United States Fidelity & Guaranty Co. to recover $6,904.12. The facts are stated in- the opinion. The-case was tried before Johnson, J., who directed a verdict in favor-of plaintiff for the amount demanded, and interest.

• Action in the municipal court of Minneapolis to recover $3,500. The case was tried before Charles L. Smith, J., and a jury which returned a verdict for $203 in favor of plaintiff. Prom an order ■denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to determine adverse claims to a certain platted lot. The case was tried before Steele, J., who made findings and ordered judgment in favor of defendant for an easement and right of way for street purposes over the 25 feet in question. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Wright county to recover a piano nr $250, the value thereof. The case was tried before Giddings, J., and a jury which returned a verdict for $116 in favor of defendant. From the judgment entered pursuant to the verdict, plaintiff appealed.

Action in tbe district court for Scott county by the partners composing the firm of Lindeke, Warner & Sons against the Scott County Co-operative Co. and its shareholders to sequester the assets of the defendant company, to appoint a receiver and ascertain the individual liability of the defendant stockholders for the indebtedness of the defendant company to the plaintiffs.

Action in the district court for Washington county against two railway companies. The case was tried before Stolberg, J., who made findings, and a jury to which was submitted the question of. damages only, which returned a verdict for $3,500 in favor of plaintiff. From an order denying their motion for judgment notwithstanding the verdict or for a new trial and denying their motion to strike out the findings of fact, defendants appealed.

Defendants were tried and convicted in the municipal court of Minneapolis, before Bardwell, J., and a jury, of a violation of the city ordinance mentioned in the opinion. From an order denying their motion for a new trial and from judgments against each defendant,, they appealed.

After the former appeal reported in 122 Minn. 316, 142 N. W. ‘328, the case was tried before Kingsley, J., who denied defendant ■company’s motions to dismiss the case and for a directed verdict, ¡and a jury which returned a verdict for $2,312.33 in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant Massachusetts Bonding <& Insurance Co. appealed.

Action in tbe district court for Dakota county to restrain the village of Farmington, E. J. Chapel and J. H. McAndrews, from entering upon plaintiff’s land and constructing a street and for $1,-000 damages.

Action in the district court for Ramsey county to recover $5,000 for injury to plaintiff received while walking upon a sidewalk in •defendant city. The case was tried before Catlin, J., who granted plaintiff’s motion to dismiss the action against the defendant insurance company and denied defendant city’s motion for a directed ■verdict in its favor, and a jury which returned a verdict for $3,000 in favor of plaintiff.

Action in the district court for Bamsey county to recover $2,000 upon defendant’s benefit certificate. The case was tried before Gatlin, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,883.33 in favor of plaintiff. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Yellow Medicine county by the administrator of the estate of Gunhild Iverson, deceased, to recover $200 upon defendant’s promissory note. The case was tried before Qvale, J., who denied plaintiff’s motion for a directed verdict .in his favor, and a jury which returned a verdict in favor of defendant. From the judgment entered pursuant to an order granting plaintiff’s motion for judgment notwithstanding the verdict, defendant appealed.

Upon the relation of William C. Prall this court issued an order directing the district court for Waseca county and Arthur P. Childress, judge of that court, to show cause why a peremptory writ of mandamus should not issue requiring the court to proceed with the. trial of the action mentioned in the opinion.

Upon the petitions of H. K. Lower and Joseph King the district court for St. Louis county granted its writs of habeas corpus directed to H. W. McKinnon, as sheriff of Carlton county. From orders, Fesler, J., granting the discharge of relators from custody, respondent sheriff appealed.

Action in tbe district court for Hennepin county to recover $15,-(000 for personal injury. The case was tried before Booth, J., who •denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $6,182. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $741.-80 for medical, surgical and burial expenses incurred in behalf, of Nellie L. Bisch. The ease was tried before Waite, J., who denied defendant’s motion for a directed verdict in its favor, 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 Mulle Lacs county to recover $1,-000. The case was tried before Roeser, J., and a jury which returned a verdict in favor of defendants. Erom an order denying his motion for a new trial, plaintiff appealed.

Defendants were convicted, in the municipal court of Mankato, of the violation of ordinance No. 143 of the city of Mankato. From .an order denying their motion for a new trial, Comstock, J., defendants appealed.

Upon the affidavit of Daniel Fish the court made its order directing Al. P» Erickson, county auditor of Hennepin county, to insert in the official notice of the-primary election to be held in that county on June 16, 1914, a statement that candidates for three district judgeships, instead of two, were to be voted for at. that election and to make provision that six names for such judgeships, instead of four, be selected from the names appearing on the primary ballot as…

Action in the district court for Lincoln county to determine a boundary. The-case was tried before Hodgson, J., who made findings and ordered judgment in favor of defendant Lemon. From the judgment entered pursuant to the-order for judgment, plaintiff appealed. Affirmed.

<p>Case followed.</p> <p>Action transferred to the district court for Cottonwood county to recover $160.79, the amount of assessments levied against defendant for the years 1910, 1911, 1912, and 1913. The case was tried before Nelson, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From an order denying its motion for a new trial, plaintiff appealed. Affirmed.</p>

<p>Injunction.</p> <p>The facts did not warrant the court in aiding a surety by restraining the enforcement of a judgment, pending an action by the surety to compel the principal debtor to pay it. [Reporter.]</p> <p>Action in the district court for Ramsay county against the Connecticut Mutual Life Insurance Co., Edward J. Schurmeier, Hubert C. Schurmeier and Emma A. Miller, to require defendant company to collect the amount of its judgment against plaintiff first from the principals, or out of the property of the estate and to restrain defendant company from collecting it out of the plaintiff, until after defendant company had exhausted the property from the estate and of the other defendants, and to restrain defendant company from filing with the insurance commissioner of the state, under the provisions of E. L. 1905, § 1603, any certified transcript of judgment and of the docket entry of judgment until defendant company had first exhausted the property of the other defendants and of the estate, and for a temporary injunction. The plaintiff’s motion for a temporary injunction was denied, Dickson, J. Erom an order denying the motion, plaintiff appealed. Appellant obtained from this court an order directing defendant company and the insurance commissioner of the state to show cause why, during the pendency of the appeal, they should not be restrained from taking any steps under section 1603 of the Eevised Laws of 1905. Order discharged.</p>

Action in the district court for Hennepin county against the Flour City Ornamental Iron Works and Frederick Johnson, to recover $5,000 for personal injury received while in the employ of defendant company. The action was tried before Hale, J., and a jury which returned a verdict for $750 in favor of plaintiff. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Goodhue county to recover $275.25, and interest, the amount of a compromise of plaintiff’s claim against defendant. The •case was tried before Johnson, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $444.99 in favor of plaintiff. Defendant’s motion for judgment in his behalf, notwithstanding the verdict, was •denied. Shorn an order denying his motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $7.60. The case was tried before Charles L. Smith, J., who denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment and from the order for judgment, plaintiffs appealed.