Volume 128 — Minnesota Reports

Action in the district court for Swift county to recover $345 upon defendant’s policy insuring plaintiff’s crops from hail storms. The case was tried before Qvale, J., who directed a verdict in favor of plaintiff and a jury which fixed the amount at $251.12. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for St. Louis county upon two causes of action to recover $775.05. From an order, Dancer, J., sustaining defendant’s demurrer to plaintiffs’ amended complaint, plaintiffs appealed.

Two actions in the district court for St. Louis county to recover $299.46 and $668.74, respectively, for cutting, hauling and piling logs, and to foreclose liens for the same. The cases were tried before Fesler, L, who made findings and ordered judgment for plaintiff for $291.86 in the first action and for $286.33 in the second action. From the judgments entered pursuant to the orders for judgment, defendant appealed.

Action in the district court for Ramsey county by the administrator of the estate of Andrew Marz, deceased, to recover $7,500 for the death of his intestate. The case was tried before Brill, J., and a jury which returned a verdict in favor of plaintiff for $2,000. Erom the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Marshall county by the administrator of the estate of Clem William Carnegie, deceased, to recover $1,500 for the death of his intestate. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of plaintiff for $2,500. From. an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Mary Madson petitioned the probate court for Hennepin county for the allowance of the last will and testament of James P. Christenson, deceased. William L. Christenson, Anna Mogenson and Howard P. Christenson, a minor, filed objections to the allowance of the will. Prom the order of the probate court admitting the will to probate; the contestants appealed to 'the district court for that county.

Upon tbe relation of Lyndon A. Smith, Attorney General, the district court for Ramsey county granted its alternative writ of mandamus requiring respondent to promulgate, put in force and act upon a schedule of passenger rates conforming to chapter 536, Laws 1913, and prescribing therein for all distances other than and in excess of five miles a rate of two cents per mile for the transportation of passengers and their ordinary baggage not exceeding 150 pounds, and to charge…

Action in tbe district court for Ramsey county to restrain defendant land company from paying to the Northwestern Trust Co. and the trust company from receiving from the land company any interest upon the land company’s indebtedness, and to restrain the trust company from instituting proceedings to foreclose a mortgage given by the land company to the trust company to secure the payment of certain notes and interest.

Defendant Was indicted by -the grand jury for the crime of robbery, tried in the district court for Hennepin county before Booth, J., and a jury, and convicted. From an order denying his motion for a new trial, defendant appealed.

Upon tbe relation of Virginia & Rainy Lake Go. this court issued its writ of certiorari directed to the district court for St. Louis county and to Honorable Bert Fesler, one of the judges thereof, commanding them to return to this .court a transcript of all the records of proceedings in said court in an action wherein Stanley Bashko was plaintiff-employee and the Virginia & Bainy Lake Co. a corporation, was defendant-employer.

Action in the district court for Le Sueur county to recover $200 for the loss of plaintiff’s horse. The case was tried before Dickson, J., acting for the judge of the Eighth judicial district, and a jury which returned a verdict in favor of plaintiff for $125. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Crow Wing county to recover $24,898.36 for professional services in reference to exploring, developing and leasing mineral lands owned by defendant. Erom an order, Wright, J., sustaining plaintiff’s demurrer to paragraph 10 of the answer, defendant appealed.

Action in the district court for Ramsey county to recover $2,000 upon defendant’s certificate of insurance. The case was tried before (Vlin B. Lewis, J., and a jury which returned a verdict for $1,898.51 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 Ramsey county for an accounting under a contract and for one-half of the amount received by defendants upon the sale of certain land. The case was tried before Dickson, J., who made findings and ordered judgment in favor of plaintiff for $2,050. From an order denying defendants’ motion for a new trial, they appealed.

Action in the district court for Hennepin county to recover $1,105 for deceit in the sale of a carload of berries. The ease was tried before Molyneaux, J., and a jury which returned a verdict for $1,070.95 in favor of plaintiff. Erom an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Appeal to the district court for Hennepin county from an award of commissioners granting Martha A. Goodspeed $1,800 damages in condemnation proceedings. Erom an order, Booth, J., confirming the report of the commissioners, petitioner appealed.

TI. E. Mundwiler and others petitioned the county board of Big Stone county for the construction of a certain ditch designated as County Ditch No. 9, and the report of the engineer and viewers thereon was approved by the board. From the order establishing the ditch, Amos Bentson and others appealed to the district court for that county. The appeal was heard by Flaherty, J., who made findings and reversed the order of the county board.

Action in the district court for Mower county to recover $35,155 for personal injuries received while in the employ of defendant. The answer denied that defendant was negligent and alleged that the platform from which plaintiff fell was constructed by himself and his fellow workmen, and that it was wholly through his own carelessness and negligence that the accident happened.

Action in the district court for Le Sueur county to recover $983.10 for merchandise sold and delivered. The case was tried before Dickson, J., acting for the judge of the Eighth judicial district, who made findings and ordered judgment in favor of plaintiff for $938.13. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Waseca county by the administratrix of the estate of Walter E. Ewert, deceased, tó recover $7,500 for the death of her intestate. Erom an order, Childress, J., dated February 14, 1914, accepting the petition and bond for removal of the action to the United States District Court and ordering that it be removed to that court, and from an order entered March 23, 1914, striking the action from the calendar, plaintiff appealed.

Upon the relation of Lyndon A. Smith, as Attorney General, this court issued its writ directed to the city of St. Paul, Winn Powers, S. A. Farnsworth, O. E. Keller, Henry McColl, Anthony Yoerg, M. N. Goss, J. J. O’Leary and W. C. Handy, to show cause quo warranto they claimed to exercise any authority in matters pertaining to schools and libraries in that city.

Action in the district court for Ramsey county by the administratrix of the estate of Cyrus Kimball, deceased, to recover $1,500 for the death of her intestate. The case was tried before Dickson, J'., who when plaintiff rested denied separate motions of defendants to dismiss the action, and a jury which returned a verdict for the amount demanded. From the judgment entered pursuant to the verdict, defendants appealed.

Action in the district court for Hennepin county by the guardians of Eunice L. Butler to set aside a certain trust deed and for an accounting. The case was tried before Steele, J., who made findings that plaintiff was not entitled to any relief. From the judgment entered pursuant to the order for judgment and from an order vacating a lis pendens, plaintiff appealed.

Action in the district court for Traverse county to enforce specific ■performance of a certain oral contract. The case was tried before Parsons, J., who made findings and as conclusion of law found that •defendant L. A. Anderson should be required to specifically perform the conditions of the oral agreement of June, 1912, upon payment of the purchase price by plaintiff, and that defendant Kustad had no interest in the property.

Action in the district court for Hennepin county by the administrator of the estate of Constantine Nanos, deceased, to recover $25,-000 for the death of his intestate. The case was tried before Jelley, L, who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $3,750, to be apportioned between the surviving widow and children as specified in the verdict.

After the former appeal, reported in 123 Minn. 264, 143 N. W. 724, the case was tried before Kelly, J., and a jury which returned a verdict in favor of plaintiff for $12,000. Defendant’s motion for judgment in its favor notwithstanding the verdict was denied. Its motion for a new trial was denied, if plaintiff consented to a reduction of the verdict from $12,000 to $9,000. Erom that order defendant appealed.

Action in the district court for Polk county to recover $25,500 for personal injuries received while in the employ of defendant. The case was tried before Watts, I., who denied defendant’s motion for a directed verdict in its favor, and a jury which returned a verdict for $7,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Stearns county for judgment decreeing that Nancy E. Tenvoorde be declared trustee of the title of certain premises for the use and benefit of plaintiff and that she convey them to plaintiff upon being paid the amount of her advances to him.

Action in the district court for St. Louis county to recover $1,000 for injuries to plaintiff’s horses and $150 for the death of a pig. The case was tried before Ensign, J., and a jury which returned a verdict for $899.90. Erom an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Swift county by the administrator of the estate of Milton Kohler, deceased, to recover $7,500 for the death of his intestate by drowning in defendant’s mill pond.

Application to the district court for Ramsey county by the Midway Realty Co. to register title to certain land.

Action in the district court for St. Louis county to recover $700. The case was tried before Hughes, J., who denied motions for a directed verdict in favor of each party, and a jury which returned a verdict for the amount demanded. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for Isanti county to recover $27,500 for injuries sustained while in the employ of defendant. The answer alleged that if plaintiff sustained the injuries of which he complained, he sustained the same through his own carelessness and negligence and failure to exercise the care of an ordinarily prudent person for his own safety. The case was tried before Giddings, J., and a jury which returned a verdict in favor of plaintiff for $1,255.

Action in the district court for Waseca county to require defendant to remove and abate an obstruction in a ditch to the natural flow and drainage of water from plaintiff’s land, and for $200 damages. The facts are stated in the opinion.

Appeal by defendants from four judgments of the district court for Clay county, Nye, J., adjudging them guilty of contempt of court.

Action in the district court for Hennepin county to recover $50,000 for personal injuries received while in the employ of defendant. Defendant's motion for judgment in its favor on the pleadings was granted by Hale, J. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Defendant was indicted by the grand jury of Le Sueur county, tried in the district court for that county, convicted of the crime of arson, and sentenced to the State Prison for a term not to exceed seven years. From an order, Morrison, J., denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $6,-582.88 for goods sold and delivered. The case was tried before Steele, J., who granted plaintiff’s motion for judgment on the pleadings as to the counterclaim set up in defendant’s answer, and a jury which returned a verdict in favor of defendant.' Plaintiff’s motion for judgment in its favor for the amount demanded, notwithstanding the verdict, was granted.

Action in the district court for St. Louis county to recover $21,000 for personal injuries received while in the employ of defendant company. The case was tried before Cant, J., and a jury which returned a verdict for $11,000. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Defendant was indicted, tried in tbe district court for Nicollet county before Olsen, J., and a jury and convicted of tbe crime mentioned in the opinion. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ereebom county to recover $20,000 for injuries sustained while a passenger on defendant’s train. The case was tried before Kingsley, J., and a jury which returned á verdict against defendant railway company for $7,500. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant railway company appealed.

Action in the district court for Clay county to recover $162 for goods sold and delivered. The case was tried before Nye, J., and a jury which returned a verdict in favor of defendants. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Hennepin county by the administratrix of the estate of D. Arthur Davison, deceased, to recover $7,500 for the death of her intestate. The case was tried before Jelley, J., and a jury which returned a verdict in favor of plaintiff for $3,500. Defendants’ motion for judgment notwithstanding the verdict was granted. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Meeker county for the cancelation of a lease and a sale of the premises. The case was tried before Qvale, J., who made findings and dismissed the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Redwood county to recover $5,044 for injuries sustained while in defendant’s employ and $99.40 for wages. The case was tried before Olsen, J., and a jury which returned a verdict in favor of plaintiff for $2,107.71. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Ramsey county to recover $5,000 as commission for making a sale of real estate. The answer was a general denial. The case was tried before Dickson, J., who made findings and ordered judgment in favor of defendant. From an order denying plaintiff’s motion for a new trial, it appealed.

Upon the relation of Nelson-Spelliscy Implement Co., this court granted its writ of certiorari to review an order of the district court for Meeker county, Qvale, J., in an action by Minnie Y. Almquist .■against relator, directing judgment in favor of plaintiff.

Upon the relation of the Great Northern Railway Company the district court for St. Louis county granted an alternative writ of mandamus directing the municipal court of the city of Duluth and the judges of that court to proceed with the trial of the action mentioned in the opinion. From an order sustaining the demurrer of respondents to the petition and alternative writ, Eesler, J., relator appealed.

Action in the district court for Ramsey county to recover $50,000 for .personal injuries received while in defendant’s employ. The case was tried before Kelly, J., and a jury which returned a verdict of $35,000 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Beckér county to recover $10,450 for injuries caused by the attack of a vicious cow. The case was tried before Roeser, J., and a jury which returned a verdict in favor of plaintiff for $2,250. Defendant’s motion for judgment notwitbstanding the verdict was denied, and his motion for a new trial was. granted unless plaintiff consented to a reduction of the verdict to $1,500.

Action in the district court for Hennepin county to determine adverse claims to a vacant city lot. The case was tried before Leary, J., who made findings that defendant was the owner of the land subject to the lien of plaintiff for $7.97 and ordered that the land be sold to satisfy the lien. From an order denying plaintiff’s motion for a new trial and for the amendment of the findings of fact and conclusions of law, he appealed.

Action in the district court for Stearns county to recover $16,000 for injuries sustained while in defendant’s employ. The case was tried before' Eoeser, J., and a jury which returned a verdict in favor of plaintiff for $6,750. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $5,000.

Action in the municipal court of St. Paul to recover upon a promissory note. The case was tried before Einehóut, J., who made findings and ordered judgment in favor of plaintiff for $136.45 and interest. Defendant’s motion for a new trial was denied. Erom the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county by the father of Edith Graseth, a minor, to recover $25,000 for injuries sustained by her while operating a mangle in defendant’s factory.. The case was tried before Hale, J., who at the close of the evidence denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $12,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Meeker county to quiet title to certain land and to set aside the deed described in the complaint. By stipulation of the parties the matter was heard before a referee, who made findings and ordered that the deed dated March 4, 1913, be set aside, and that the deed of Elizabeth Wortz to plaintiff dated October 26, 1907, was á valid deed. Defendants’ motion to amend the findings was granted in part and denied in part.

Action in tbe district court for Swift county to ascertain the amount due to defendant under a certain mortgage and to permit plaintiff to redeem upon payment of the amount. The case was submitted upon stipulated facts to Flaherty, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to foreclose a mechanic’s lien. The case was tried before Fish, J., who made findings and ordered judgment in favor of plaintiffs for $1,800. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court for Bamsey county to recover $32,000 for personal injuries received while in defendant’s employ. The case was tried before Dickson, J., and a jury which returned a verdict in favor of plaintiff for $9,850. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Erom an order of tbe probate court for Hennepin county admitting to probate tbe last will and testament of Karen Paulson, deceased, Serena Moe and others appealed to tbe district court for that county.

Action in the district court for Yellow Medicine county to recover $80,000 for personal injuries sustained while brakeman in defendant’s employ. The case was tried before Flaherty, J., and a jury which returned a verdict in favor of plaintiff for $35,000. Defendant’s motion for judgment notwithstanding the verdict was denied, and its motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $30,000.

Action in tbe district- court for Hennepin county to foreclose a mechanic’s lien. The ease was tried before Steele, J., who made findings and ordered judgment in favor of the respective parties as set forth in the opinion. From the judgment entered pursuant to the order for judgment, defendant Westerdahl appealed.

Action in the municipal court of Minneapolis to recover $240 for work and services as a professional nurse. The case was tried before Charles L. Smith, J., and a jury which returned a verdict in favor of plaintiff for $248.72. From an order denying defendants’ motion for judgment notwithstanding the verdict or for a new trial, they appealed.

Action in the municipal court of Minneapolis to recover $500 for professional services as attorney for defendant. The case was tried before Montgomery, J., and a jury which returned a verdict in favor of plaintiff for $400. From an order denying defendant’s motion for a new trial, it appealed.

Action in tbe district court for Brown county to recover $12,525 for injuries received while in the employ of defendant. The case was tried before Olsen, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $725.50. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Ramsey county to recover $16,-438.42 for illegal cutting of timber under a logging permit. Defendants demurred to the complaint. From an order, Kelly, J., overruling their demurrer, defendants appealed.

Action in justice court to recover $57.60 for work and labor. Erom an order dismissing the action, plaintiff appealed to the district court for Traverse county. The appeal was heard by Elaherty, J., and a jury which returned a verdict in favor of plaintiff for $60.23. Erom an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tbe district court for Marshall county to recover $317.82 for conversion of certain crops and for an accounting. Defendants’ demurrer to the complaint was overruled. The case was tried before Grin deland, J., who made findings and ordered judgment in favor of plaintiff for $272.78. From an order denying tlieir motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to.recover $379.80 for labor and material. The case was tried before Leary, J., who directed a verdict in favor of plaintiff for $395.27. From an order denying defendant’s motion to vacate the verdict and to grant .a new trial, it appealed.

IJpon the relation of Lyndon A. Smith, Attorney General, the district court for St. Louis county granted its writ of quo warranto directing the Duluth Street Railway Co. to show by what warrant it assumed to exercise any right, privilege, immunity or franchise under or by virtue of the legislative act of 1881 (Ex. Sess.) c. 200.

Proceedings in tbe district court for Dakota county to condemn a right of way for defendant’s road. The facts are stated in the opinion. Prom an order amending the judgment, Johnson, J., defendant appealed. A motion to dismiss the appeal having been made the following ’ opinion was filed on January 5, 1915.

From an order of the probate court for Brown county appointing William Brust guardian of Anna Prokoseh, an alleged incompetent, she appealed to the district court for that county. The matter was heard before Olsen, J., who made findings and affirmed the order of' the probate court. From the judgment entered pursuant to the order for judgfaient, she appealed.

Action in the district court for Ramsey county to recover $26,702 for injuries received while in defendant’s employ. The case was tried before Quinn, J., and a jury which returned a verdict in favor of plaintiff for $7,000. Defendant’s motion for judgment notwithstanding the verdict was denied. Its motion for a new trial was granted, unless plaintiff consented to a reduction of the verdict to $6,000.

Action in the district court for Ramsey county by the administrator of the estate of Nikolai Lepisto, deceased, to recover $10,000 for the death of his intestate. The case was tried before Quinn, I., and a jury which returned a verdict in favor of plaintiff for $2,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Upon the relation of Charles Splady, James Albee, Harvey B. Smith, partners doing business under the name of Splady, Albee & Smith, and the Ocean Accident & Guarantee Corporation, Ltd. of London, England, this court issued its writ of certiorari directed to the district court for Hennepin county and the Honorable John H. Steele, one of the judges thereof, to review the proceedings of that court in an action against relators brought under the Workmen’s Compensation Act.

Action in the district court for Hennepin county for specific performance of an agreement to repurchase bank stock or to recover $2,250. The case was tried before Hale, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

Action of replevin in the district court for Mille Lacs county to recover possession of an automobile or $500, the value thereof, and $100 damages for its detention. The case was tried before Parsons,, L, and a jury which returned a verdict in favor of plaintiffs and fixed the value of the property at $1,500. From an order denying-defendant’s motion for a new trial, he appealed.

Action in tbe district court for Lyon county to enforce an attorney’s lien for $2,120. Tbe substance of tbe answer is given in tbe opinion.

Action in the district court for Lyon county to recover $20,000 for injuries received while in defendant’s employ. The case was tried before Olsen, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $5,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Petition to the district court for Lyon county by John I. Davis, Tom Davis and Ernest A. Michel, attorneys for the plaintiff, to recover from defendant $2,000, by virtue of defendant’s settlement of his cause of action with plaintiff, wherein it agreed to become liable and pay to petitioners all fees or sums legally due to them as such attorneys. The matter was heard before Olsen, J., who made findings and ordered judgment in favor of plaintiffs for the amount demanded.

Upon the relation of Melvina W. Graff, in person and as executrix of the estate of Edmund D. Graff, deceased, this court issued its writ of certiorari directed to the district court for St. Louis county and Honorable S. W. Gilpin, as judge thereof, to review the proceedings in that court in determining the amount of the inheritance tax due the state of Minnesota from said estate.

Upon the relation of the St. Paul City Railway Co. this court issued its writ of certiorari directed to J. G. Armson, Samuel Lord and O. M. Hall, as the Minnesota Tax Commission, to review and correct the proceedings of said commission in the matter of assessment for taxation of the personal property of St. Paul City Railway Co. under Laws 1913, c. 483.

Action in the district court for Polk county against Crookston Lumber Co. and Robert Mitchell to recover $15,000 for personal injuries. The case was tried before Watts, J., who at the close of the testimony denied separate motions of defendants to dismiss the action as to each, and separate motions to direct verdicts in favor of each, and a jury which returned a verdict for $1,150 in favor of plaintiff.

Action in the district court for Hennepin county to cancel and rescind certain leases for the removal of sand and gravel from premises belonging to plaintiff, to enjoin defendant from removing sand and gravel, and from retaining possession of the premises for that purpose, and for $1,650 damages. From an order, Waite, J., granting defendant’s motion to vacate a temporary injunction, plaintiff appealed.

Action in tbe district court for Fillmore county to recover $1,568.-63 for leg'al services. From an order Kingsley, J., dismissing the action upon the merits, plaintiffs appealed.

Action in the district court for Hennepin county to determine adverse claims to certain real estate. The case was tried before Hale, J., who made findings and ordered judgment in favor of defendant. From an order denying plaintiff’s motion for a new trial and an order denying his motion for amended and substituted findings of fact and conclusions of law, he appealed.

Action in the district court for Ramsey county to foreclose a mechanic’s lien. The case was tried before Gatlin, J., who made findings and ordered judgment in favor of Butler Brothers in the sum of $68.50. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to recover $3,000 for injuries received while in the employ of defendant. The case was tried before Molyneaux, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,500. Prom.'an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Ramsey county to recover $800.63 value of the goods alleged to have been converted. The case was tried before Oatlin, J., who at the close of plaintiff’s case granted the motion of defendant Credit Bureau-to dismiss the case as to it. From an order denying plaintiff’s motion for a new trial, she appealed.

In the matter of the application of Otter Tail Power Oo. to the district court for Otter Tail county, to condemn certain land and a perpetual easement of diverting water of the Otter Tail river from flowing past certain land, Edward A. Brastad appeared, filed objections to the appointment of commissioners, and appealed from the award of the commissioners. The matter was heard before Taylor, J., and a jury which assessed his damages at $425.

Defendant was indicted by tbe grand jury of Martin county, tried in the district court for Faribault county before Quinn, J., and a jury, and convicted of the crime of murder in the first degree. From the judgment of conviction, sentencing defendant to imprisonment in the state prison for life, defendant appealed.

Upon the relation of Gustave Kafka this court issued its writ of certiorari' to review the decision of the district court for Kamsey county, Brill, J., confirming an assessment made by the board of public works of the city of St. Paul for property condemned for the purpose of widening a street.

Action in the district court for Hennepin county to recover $40,-000 for personal injuries. The case was tried before Leary, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict in favor of plaintiff for $15,000. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

. Action by a minor, by her father, in the district court for St. Louis, county to recover $10,500 for injuries sustained by her in a fall from a sidewalk in defendant city. The case was tried before Fesler,, J., and a jury which returned a verdict for $5,000. Defendant’s, motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the order for judgment defendant appealed.

Action in the district court for Ramsey county to recover $25,000 for personal injuries. The case was tried before Steele, J., and a jury which returned a verdict in favor of plaintiff for $6,000. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

• Action in the district court for Hennepin county to recover $1,-335.18, balance due upon a written contract for services. The case was tried before Hale, J., who made findings and ordered judgment in favor of plaintiff in the sum of $1,155.12. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action begun in tbe municipal court of the city of Duluth to recover $59.41. The case was tried before Windom, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict and granted defendant’s motion for a directed verdict.

Action in the district court for Wright county by the father of Gladys Sehaar, a minor, to recover $9,300 damages for injuries received by her. The case was tried before Giddings, J., and a jury which returned a verdict for $2,500. From an order granting defendant’s motion for a new trial, plaintiff appealed.

After the former appeals reported in 114 Minn. 523, 131 N. W. 1133, and 121 Minn. 280, 141 N. W. 179, the action was tried before'Stanton, J., and a jury which returned a verdict of $1,133.56 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Steele county to recover $759 for breach of agreement to execute a written lease of certain farm land,. The case ivas tried before Childress, J., and a jury which returned a verdict in favor of plaintiff for $400. Defendant’s motion for judgment in his favor notwithstanding the verdict was granted. From the order and the judgment entered pursuant to the order, plaintiff' appealed.

Action in the district court for Mower county by a minor to recover $1,500 upon defendant’s accident insurance policy in favor of plaintiff’s father. The answer set up several defenses, one that decedent was violating the law governing the driving of automobiles, another that his injuries were caused by' his intoxication, a third that he was an intemperate person during the life of the policy.

Action in the district court for Cass county to recover $2,999 for injuries received while in the employ of defendant. The case was tried before Stanton, J\, and a jury which returned a verdict in favor of plaintiff for $1,500. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Francis C. Cary, with others, was indicted by the grand jury, tried in the district court for Clay county before Parsons, J., and a jury, and convicted of the crime of grand larceny in the first degree. From an order denying defendant’s motion for a new trial, he appealed.

Upon tbe relation of tbe Gaylord Farmers Co-operative Creamery Association this court issued its writ of certiorari directed to tbe district court for Sibley county to review the proceedings of that court, Morrison, L, in tbe matter of tbe compensation demanded by his widow for tbe death of L. II. Kuhlmau, wherein it was found that she was entitled to a sum equal to 35 per cent of decedent’s monthly salary, that is, to monthly payments of $38.50 for not exceeding 300 weeks.

Action in tlie district court for Hennepin county. Erom an order granting plaintiffs’ motion for a new trial, Leary, J., after verdict for defendant, defendant appealed.

Action in the district court for Hennepin county to recover $1,-521.77 for failure to discharge plaintiff’s debt. The case was tried before Dancer, J., who when plaintiff rested dismissed the action as to A. L. ITenricksen, and a jury which returned a verdict in favor ■of plaintiffs for $1,743.71. Defendants’ motion for a new trial was •denied, if plaintiffs consented to a reduction of the verdict by the ■sum of $100.20.

In the matter of the estate of Cinderella M. Lansing, deceased, Meda LI. Lansing filed a claim for $1,120 for services rendered the decedent, and Frances E. Gregory, one of the next of kin of decedent, filed objections.

Action in the district court for Cass county to determine adverse claims to certain unoccupied land. The history of the case is given in the opinion. The ease was tried as to defendant Ida C. Mulliken before McClenahan, J., who made findings and ordered judgment in favor of defendant, subject to the lien of plaintiff for the several amounts for which the parcels of land were sold with interest from the date of such sales.

After tbe former appeal reported in 120 Minn. 376, 139 N. W. 713, the case was tried'before Olsen, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $5,000. Defendant’s motion for judgment notwithstanding the verdict was denied, and its motion for a new trial was denied if plaintiff consented to a reduction of the verdict to $3,500. From the order denying these motions, defendant appealed.

Action in the district court for Ramsey county to recover $5,500 for injuries received in falling over an obstruction upon the sidewalk. The case was tried before Catlin, J., who when plaintiff rested granted the motion of the American Radiator Co. to dismiss the action as to it and of his own motion extended the order to apply to defendant Cavanaugh Transfer & Storage Company. Erom an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Washington county to enjoin defendant from draining bis swamps or wet lands by tiles, open drains or otherwise in such manner as to bring down onto the land of plaintiff any water that would otherwise be gathered and held in the swamps and low places on defendant’s land. The case was tried before Stolberg, J., who made findings and dismissed the action on its merits. From an order denying his motion for a new trial, plaintiff appealed.

Action transferred to the district court for Rice county to recover $168 for alleged negligence in hauling and delivering certain marble slabs. The case was tried before Childress, L, and a jury which returned a verdict in favor of defendant. From an order denying its motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in tbe district court for Olmsted county to recover $390 upon two promissory notes. The ease was tried before Snow, J., who made findings and dismissed the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the municipal court of Mankato to recover $215 for failure to deliver a box of dry goods shipped over defendant’s road. The case was tried before Comstock, J., and a jury which returned a verdict in favor of plaintiff for $106.60. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tbe district court for Le Sueur county to cancel a mortgage and to set aside its foreclosure. The case was tried before Morrison, J., who made findings and ordered judgment in favor of plaintiffs. From an order denying defendants’ motion for a new trial, they appealed.

Upon the petition of Izzie H. W. Lawton this court made an order directing the district court for Hennepin county to show cause why a writ of mandamus should not issue requiring that court to grant petitioner a new trial. Upon the return day respondent moved to dismiss the writ upon the ground that mandamus was not the proper remedy.

Appeal by Morris Noodelman from an order of the district court for Hennepin county, Steele, J., dismissing his appeal to that court from an order of the city council of Minneapolis confirming the award of commissioners in the matter of condemnation of land.

Action in the district court for Hennepin county for the reconveyance of certain real estate. The case was tried before Molyneux, J., who denied defendants’* motion to dismiss the’ action, made findings and ordered judgment in- favor of plaintiff. From the judgment entered pursuant to the order for judgment; defendants appealed.

Action in justice court for forcible entry and unlawful detainer. From a judgment in favor of defendants, plaintiff appealed to the district court for Goodhue county, where the appeal was heard before Johnson, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court for Carver county to determine adverse claims to two lots. The case was tried before Morrison, J., who made findings and ordered Judgment in favor of plaintiffs. From an order'denying .her. niotion for a new trial, Emma Diessner appealed.

Action in the district court for Lyon county to enforce an attorney’s lien for $3,000. The answer alleged a settlement with and payment to James H. Wesse ■of the sum of $1,000. The case was tried before Olsen, J., who made findings and ordered judgment in favor of plaintiffs for $522.30. From the judgment entered pursuant to the order for judgment, defendant appealed.

After the former appeal reported 127 Minn. 144, 149 N. W. 14, defendant appealed from a judgment entered in favor of plaintiff in the district court for Ramsey county.

Upon the relation of Rose Felton this court issued its alternative writ of mandamus directed to Honorable P. H. Stolberg, as judge of the Nineteenth judicial district, to settle a “case,” in an action in the district court for Ramsey county between relator and the St. Paul City Railway Co.

Action in the district court for Hennepin county for partition. The case was tried before Hale, J., who made findings and ordered judgment for partition according to the respective interests of the parties. From an order denying defendants’ motion for a new trial and for amended and substituted findings of fact and conclusion of law, they appealed.

Respondent moved for an order restraining the enforcement of the execution issued upon the judgment for costs, and for an order setting aside the levy made under such execution on the ground that the statutes provide that the costs in partition actions shall be apportioned and adjusted by the court and paid out of the proceeds of the sale of the property involved; that the costs of the action have never been apportioned by the court; and that appellant is not entitled to…