Volume 129 — Minnesota Reports

Action in the district court for Hennepin county for specific performance of an agreement to convey certain land. Tbe case was tried before Fish, J., wbo made findings and ordered judgment in favor of plaintiff. From tbe judgment entered pursuant to tbe order for judgment, defendants appealed.

Action iu the district court for Hennepin county to recover $920.-86 for partial loss in a shipment of barley. The case was tried before Jelley, J., who at the close of the testimony directed a verdict in favor of defendants. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $3,000 for personal injuries. The case was tried before Molyneaux, J., and a jury which returned a verdict in favor of defendant. From an order granting plaintiff’s motion for a new trial on the sole ground of errors of law, defendant appealed.

Action in the district court for Pipestone county to determine a boundary line. The case was tried before Nelson, J., who made the findings set ont in the opinion. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Ramsey county to recover $3,000 for negligence of defendant as sheriff of that county. From an order, Brill, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in tbe district court for Wrigbt county to recover $5,250 for personal injuries. Tbe case was tried before Stolberg, J., and a jury which returned a verdict for $4,225. From an order denying defendant’s motion for a new trial, provided plaintiff consent to a reduction of the verdict to $3,500, defendant appealed.

Action in the district court for Washington county by the administrator of the estate of A. L. Swenson, deceased, to recover $600 upon defendant’s policy of insurance for the death of his intestate. The case was tried before Stolberg, J., and a jury which returned a verdict for the amount demanded. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Itasca county to recover $10,473.99 for cutting and removing timber from plaintiff’s land. The case was tried before Stanton, J., and a jury which returned a verdict for $2,077.38. 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 $2,111 taxes and $621 accrued penalties upon gross earnings from the operation of freight car lines of defendant during the years 1907 to 1912, inclusive, levied by the Minnesota Tax Commission. The case was submitted upon stipulated facts to Olin B. Lewis, J., who made findings and ordered judgment in favor of the state. Prom the judgment entered pursuant to the order for judgment, defendant appealed.

Action in tbe district court for St. Louis county to recover $675.33 for damage to plaintiff’s automobile caused by defendant’s negligence. Tbe answer set up a counterclaim for $1,220. Tbe Insurance Company of North America intervened.

Upon tbe relation of tbe Oliver Iron Mining Co. tbe district court ■for St. Louis county granted an alternative writ of mandamus, directing tbe city of Ely, its mayor, clerk and aldermen to levy against and collect from property abutting upon tbe local improvements described tbe amounts required by tbe charter of tbat city to be levied tbereon; to refrain from paying out of tbe city treasury any further sums on account of such improvements, and in no event to pay out more…

Action in tbe district court for Ramsey county by tbe administratrix of tbe estate of Samuel J. Manning, deceased, to recover $Y,500 for tbe death of ber intestate. Tbe case was tried before Gatlin, J., and a jury wbicb returned a verdict for $5,000. Irom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Freeborn county to restrain defendant city and its officers from trespassing upon a certain strip of land and for damages. The case was tried before Kingsley, J., who directed a verdict in favor of plaintiff on the question whether he was the owner, and submitted to the jury the question of the amount of damage to the land caused by defendants’ acts.

Action transferred to tbe district court for Hennepin county to recover $2,503.83 upon a policy of fire, insurance. Tbe case was tried before Waite, J., wbo when plaintiff rested granted defendant’s motion to dismiss tbe action. Erom an order denying plaintiff’s motion for a new trial, be appealed.

Action in the district court for Bamsey county to recover $10,127 for injuries received while in defendant’s employ. The case was tried before Catlin, J., and a jury which returned a verdict for $1,-970. From 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 determine adverse claims to unoccupied real estate. The case was tried before Hale, L, who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant S. C. Campbell appealed.

Action in the district court for Hennepin county by the administrator of the estate of Henry Diebel, deceased, to recover $7,500 for the death of his intestate. The case was tried before Dickinson, J., who when plaintiff rested granted defendant Doerr’s motion for a directed verdict and denied defendant corporation’s motion to dismiss the action, and a jury which returned a verdict for $2,500.

Action in tbe district court for Ramsey county by tbe administrator of tbe estate of Hugh J. Fitzgerald, deceased, to recover $3,000 for tbe death of bis intestate. Tbe case was tried before Olin B. Lewis, J., wbo dismissed tbe case as to defendant Peterson, and a jury wbicb returned a verdict for $1,500. From an order denying its motion for judgment notwithstanding tbe verdict or for a new trial, defendant company appealed.

Action in the district court for Ramsey county to recover $736.75, •which plaintiff had been compelled to pay. From an order, Brill, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Upon the relation of James Kennedy and tbe Ocean Accident & Guarantee Corporation, Limited, of London, this court granted a writ of certiorari directed to the district court of Clay county and the Honorable Carroll A. Nye, one of the judges thereof, to review the proceedings in that court in a personal injury action wherein Alex Rohrenbaeh recovered compensation of $1,227.07 under the Workmen’s Compensation Act.

Upon the relation of Light & Power Co. the district court for Crow Wing county granted an alternative writ of mandamus directed to V. N. [Roderick, as city clerk of the city of Brainerd, requiring him to correct the notation upon Ordinance No. 259 as to the time that ordinance was presented to the mayor of the city, and to cause the ordinance to be published as required by law or to show cause why he had not done so.

Action in the district court for Ramsey county to recover $2,999 for malicious arrest and criminal prosecution. The case was tried before Olin B. Lewis, L, who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for the amount demanded. 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 $2,000.

Action in the district court for Itasca county to recover $50,000 for wilful injury to plaintiff’s minor son. Tbe answer denied that the accident was caused by any negligent act of defendant and alleged that it was caused solely by the negligence of Kenneth Palón who was, at the time of the accident, a trespasser upon defendant’s right of way.

Action in the district court for Waseca county to recover $303.29 for damage to a shipment of goods over defendant’s railroad. Defendant appeared specially and moved to set aside the service of the summons. The motion was heard before Childress, J\, who denied it. From the order denying the motion, defendant appealed.

Action in the district court for Hennepin county by the executors of the last will and testament of M. W. Skinner, deceased, and V. H. Van Slyke to recover $19,200 for damages to their land caused by defendant’s interference with a natural watercourse by the construction of an embankment and culvert on its right of way. The answer alleged that the cause of action was barred by the statute of limitations.

W. W. Clayton appealed to the district court for St. Louis county from the decision of the mayor and commissioners of the city of Duluth, acting as a canvassing board, that at the special municipal election held September 16, 1913, 4,791 votes were cast in favor and 4,683 votes against Ordinance No. 355, and that the ordinance was adopted. ' The court appointed inspectors of ballots and the appeal was heard before Dancer, L, who made findings and ordered judgment in favor of…

Action in the district court for Itasca county to recover $1,543, the total amount of trackage charges paid to defendant on 1543 cars of freight.

Action in the district court for St. Louis county by the sole surviving executor of the last will and testament of George W. Norton, deceased, to remove a cloud on plaintiff’s title created by a deed from the executors of the last will and testament of said deceased to the Duluth Transfer Eailway Co. conveying to that company an easement for right of way purposes, and for a permanent injunction restraining defendant Northern Pacific Eailway Co. from interfering in any way…

Action in tbe district court for Ramsey county to recover $11,000 for injuries received while in tbe employ of defendant. Tbe case was tried before Nelly, L, wbo at tbe close of plaintiff’s testimony denied defendant’s motion to dismiss tbe action, and a jury wbicb returned a verdict for $850. Erom an order denying its motion for judgment notwithstanding tbe verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $2,000 upon defendant’s benefit certificate upon tbe life of Bernard A. Ledy. Tbe case was tried before Brill, J\, wbo made findings and ordered judgment in favor of plaintiff for $309.10. From an order denying ber motion for a new trial, plaintiff appealed.

Action in the district court for Dakota county by the administratrix of the estate of Thomas Gill, deceased, to recover $2,995 for the death of her intestate. The case was tried before Johnson, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,500. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Martin county to rescind plaintiff’s agreement to purchase defendant’s stock and to recover $2,500. The answer denied that defendant sold its stock to plaintiff directly and alleged that the stock was sold to him by one Perry who was its agent. The case was tried before Quinn, J., who made findings and ordered judgment in favor of defendant. Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Martin county to recover $1,679.50 upon defendants’ bond to pay expenses in connection with the proposed construction of a public ditch. The case was tried before Quinn, J., who made finding’s and ordered judgment for the amount demanded. Defendants’ motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendants appealed.

Upon the relation of John Garwin this court granted its writ of certiorari directed to the district court for Cass county and J. Neils Lumber Go. to review the decision of Stanton, J., that relator was entitled to $525 from respondent lumber company under the Workmen’s Compensation Act.

Anna Connelly Olsen instituted a contest in tbe district court for Roseau county to cause Eddy E. Billberg to be removed from office of county superintendent of schools in that county for violation of Laws 1912, p. 23, c. 3. Tbe matter was beard before Watts, J., wbo made findings and ordered judgment against petitioner. From tbe judgment entered pursuant to tbe order for judgment, contestant appealed.

Action in tbe district court for St. Louis county against tbe county commissioners, county treasurer and county auditor of that county, to restrain them from executing and selling state rural highway bonds for the benefit of state rural highway No. 4. From an order, Fesler, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Upon the relation of the Duluth Brewing & Malting Co. this court granted a writ of certiorari directed to the judges and clerk of the district court for St. Louis county to review the proceedings in the matter of compensation for injury to Charles DeCóok, an employee of relator, whereby he was granted, Cant, L, compensation for personal injuries at the rate of $8.10 per week for a period of 100 weeks.

Upon the relation of William F. Lowe the district court for Polk county granted an alternative writ of mandamus, directed to the aldermen, mayor and city clerk of the city of East Grand Forks, commanding them to cause to be submitted to the voters of that city the proposed home rule charter of the city or show cause why they had not done so.

Action in the district court for Hennepin county. Mengelkocb & Oulhane were garnished and disclosed that they owed defendant. $25 for services rendered by him at the time of the garnishee summons and within 30 days preceding the garnishment they had paid him $35 for services rendered during the preceding 30 days.

Action in the district court for Bamsey county to recover $12,875. The Eirst National Bank of St. Paul was garnished and disclosed that it had in its possession at the time of the service of the garnishee summons certain notes and mortgages forwarded to it by the Eirst National Bank of Conrad, Montana. The motion of the garnishee for an order discharging it was granted, Kelly, J. From the order discharging the garnishee, plaintiff appealed.

Two actions in tbe district court for Hennepin county, one by tbe father to recover $1,000 for loss of services, and $250 for disbursements caused by tbe personal injury of bis minor son, and tbe other in behalf of tbe minor to recover $30,000 for the same injuries.

Action in tbe district court for St. Louis county by tbe receivers of tbe Segerstrom Piano Manufacturing Co. to recover possession of 14 upright pianos or $1,500, tbe value thereof. Tbe case was tried before Pesler, J., who made findings and ordered judgment in favor of defendant. Prom an order denying their motion to amend tbe findings and conclusions of law or for a new trial, plaintiffs appealed.

Action in the district court for Hennepin county by the administratrix of the estate of George E. Wilkins, deceased, to recover $7,-500 for the death of her intestate. The case was tried before Hale, J., who at the close of plaintiffs testimony denied defendant’s motion to dismiss the action, and a jury which returned a verdict of $5,000. Erom an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Action in the district court for Mille Lacs county against S. L. Kennedy and the National Surety Company of New York to recover $1,000 upon their bond for the negligence and malfeasance of defendant Kennedy as engineer of a certain ditch.

Action in the district court for Ramsey county to recover $1,000 upon defendant’s benefit certificate upon the life of Rosa Rosenthal. The case was tried before Olin B. Lewis, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $791.96. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Douglas county for reformation of a contract and promissory notes. The case was tried before Iloeser, J., who made findings and ordered judgment in favor of plaintiffs. From an order denying their motion for a new trial, defendants apjiealed.

Action in tbe district court for St. Louis county against Emma Heiskary Solbeim and M. N. Triplett, one of the sureties on her notarial bond, to recover $1,300 for making a false certificate of acknowledgment. Tbe case was tried before Ensign, J., and a jury which returned an affirmative answer to the question whether Mrs. Stein appeared before defendant Solbeim and signed and acknowledged tbe mortgage, and a general verdict in favor of defendants.

Action in the municipal court of Cloquet to recover $129.52. The city of Cloquet was ■ served with garnishee summons, whereupon it was stipulated that the Duluth Brewing & Malting Co. should intervene in the original action and the garnishee proceedings. The intervener filed its complaint and plaintiff demurred to it.

Action in the district court for Meeker county for an accounting. Plaintiff procured an order requiring defendant to show cause why certain property should not be turned over by defendant to a receiver. From an order, Qvale, J., discharging the order to show cause, except as to the books of account, plaintiff appealed.

Action in the distinct court for Houston county to recover $2,625 for false representations in the sale of defendant’s stock.

Action of ejectment in the district court for'Hennepin county and to recover $1,000 damages. The case was tried before Steele,. L, 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 Benton county to cancel a deed and to adjudge that plaintiff was owner in fee of the property described and entitled to tbe possession thereof, and to compel defend-, ant to account for tbe rents and profits. From an order, Nye, J., sustaining defendant’s demurrer to tbe complaint, plaintiff appealed.

Action in tbe municipal court of Minneapolis to recover $84 for wages and $52.50 for loss of time caused by plaintiff’s discharge. The ease was tried before Montgomery, J., who granted plaintiff’s motion for judgment on the pleadings on the first cause of action and defendant’s motion for a directed verdict in its favor on the second cause of action.

Nicholas B. Gergen petitioned the probate court for Dakota county to admit to probate the last will and testament of Maria Latto, deceased. From the order of that court admitting the will to probate, Sebastian Schleiderer appealed to the district court for the county. The appeal was heard before Hodgson, J., who made findings and reversed the order of the probate court.

Action in the district court for Grow Wing county against Chester D. Tripp and Crow Wing Land Co. to dissolve a partnership, for an accounting between the parties, and to restrain defendantland company from paying to defendant Tripp the royalties mentioned in the opinion and to decree plaintiff to be the owner of an undivided one-half interest in and to the agreement mentioned in the opinion.

Action in the district court for Marshall county to annul the action of the village council of Argyle in vacating part of Fourth street in the village, to restrain defendants from closing that part of the street, and to restrain them from paying $1,000 to defendant railway company. The case was tried before Grindeland, J., whc granted the motion of defendants for judgment on the pleadings. From the judgment entered pursuant to the order for judgment, plaintiffs appealed.

Action in the district court for Pennington county to recover $1,000 for injury to plaintiff’s automobile at a street crossing in ^Thief River Falls. The case was tried before Grindeland, 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 $400. Defendant’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county to recover $1,500 upon defendant’s benefit certificate upon the life of Henry R. Erickson. The case was tried before Pfau, L, acting for the judge of the Second judicial district, who made findings and ordered judgment in favor of defendant. Plaintiff’s motion for additional findings of fact and for a new trial was denied. Erom the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in tbe district court for Hennepin county to recover $55,-500, for damages caused by water from a broken water main of defendant city. From an order sustaining defendant’s demurrer to tbe complaint, Hale, J., plaintiff appealed.

Action in the district court for Lake county to determine adverse claims. Joseph Visenaux, otherwise known as Joseph Vezina, moved to set aside the judgment so far as it affected his interest in an undivided two-thirds of certain land described on the ground that the judgment was entered without service of any summons or complaint, without any appearance on the part of defendant, and was without jurisdiction and void.

Action in the district court for Brown county to recover $3,380.30 for injuries received and expenses incurred by tbe wilful act of defendant. The case was tried before Olsen, J., and a jury which returned a verdict for $750. From an order denying his motion for a new trial, defendant appealed.

Action in'the district court for Yellow Medicine county for partition of the premises described in the complaint. From an order sustaining the demurrer of certain of the defendants, Qvale, J., plaintiff appealed.

Erom an order of tbe district court for St. Louis county sustaining defendant’s demurrer to tbe complaint in intervention of Henry E. Greene, Eesler, J., Henry E. Greene appealed. Tbe facts are stated in tbe opinion.

Action in the district court for Grant county to recover $3,500 for damage caused by the diversion of surface water from its natural watershed.

Action in the district court for Winona county to adjudge the respective interests of plaintiff and defendants in the premises described, and to decree that defendant Edna Oisewski held the title to the same in trust for the benefit of plaintiff and defendant Mary Oisewski.

Action in the district court for Ramsey county to reform a deed from defendants and to restrain defendants from erecting a fence across a certain alley at the rear. The case was tried before Dickson, T., who made findings and ordered judgment in favor of plaintiffs. The motion of defendants to amend the findings was denied, and the motion of plaintiffs to amend the findings was granted.

Action in the district court for Bamsey county upon insurance policies of eight insurance companies to determine the damage to plaintiff’s stock of merchandise from a certain fire, and when ascertained to apportion the same, among defendant companies. The case was tried before Olin B.. Lewis, J., who denied defendants’ motion for judgment on the pleadings, and submitted to the jury the question of the amount of plaintiff’s damage. The jury returned a verdict for $13,279.39.

Upon the relation of Common School District No. 74 and the officers of that district, the district court for Lincoln county granted its writ of certiorari to review the decision of the board of county commissioners of that county apportioning school funds between the respective districts within the county. From an order denying their motion to dismiss the writ, Olsen, J., respondents appealed.

Peter O. Scow appealed to the district court for Todd county from the action of the canvassing board of that county in declaring that, at the general election of November 3, 1914, he and William J. Gutches each received 1914 votes for the office of clerk of court of that county and the result of the election was a tie.

Henry L. Balch and others petitioned the district court for Ramsey county to vacate the plat of St. Anthony Park West so far as blocks 2, 5 and 8, except as to the portions of three streets affected thereby or abutting thereon, were concerned. The matter was heard before Dickson, J., who granted the petition to vacate the plat but denied petitioners’ application to vacate the public streets or alleys. From that order, petitioners appealed.

Action in tbe district court for Hennepin county to recover $5,-000. The motion of defendant Suggit to strike out tbe reply of plaintiff to bis separate answer, and for judgment on tbe pleadings, was granted, Steele, J. From tbe judgment entered pursuant to tbe order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to set aside an attempted redemption from a sale on .foreclosure of mortgage, to annul a decree of registration of title in the name of George W. Bruner, and to determine that plaintiffs were the owners of the premises upon payment of such sum as the court should determine. From an order, Steele, J., sustaining the separate demurrers of defendants, plaintiffs appealed.

From an order, Childress, J., granting defendant’s motion to set aside the order and judgment of the district court for Waseca county, plaintiff appealed.

Action in tbe district court for Le Sueur county to recover $5,000 ■ for injuries inflicted by defendant Stavanaugh. Erom an order sustaining tbe demurrer of defendant city to tbe complaint, Morrison, •J., plaintiff appealed.

Action in the district court for Hennepin county to recover $2,-500 for personal injuries received while in the employ of defendant corporation. The case was tried before Dickinson, J., and a jury which returned a verdict in favor of defendant. Erom an order granting plaintiff’s motion for a new trial, defendant corporation appealed.

Action in the district court for Hennepin county against 30 insurance companies to recover $8,300 for lumber destroyed by fire. The case was tried before Leary, L, who made findings and ordered judgment against two of the defendants and in favor of the other defendants. Plaintiff’s motion for amended findings was denied. From an order denying plaintiff’s motion for judgment in its favor as demanded in the complaint or for a new trial, it appealed.

Action in the district court for Swift county to recover $2,500. The case was tried before Qvale, J., who made findings and ordered judgment dismissing the action. From an order denying plaintiff’s motion to amend the findings of fact or for a new trial, he appealed.

Action in the district court for Hennepin county to recover $2,-000 upon defendant’s benefit certificate upon the life of Rosa Silver-stein. The case was tried before Hale, L, who 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 Olmsted county to recover $75 upon a promissory note. Erom an order sustaining defendant’s demurrer to the complaint, Snow, J., plaintiff appealed.

Action by tbe administratrix of tbe estate of Edward M. Brown, deceased, in the district court for Blue Eartb county, to recover $30,-000, for tbe death of ber intestate. Tbe case was tried before Pfau, J., who denied defendant’s motion to dismiss tbe action, and a jury wbicb returned a verdict of $7,000. From an order denying its motion for judgment notwithstanding tbe verdict or for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $250. The facts are stated in the opinion. The case was tried before Charles L. Smith, J., and a jury which returned a verdict for $231.25. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Lincoln county against the county of Lincoln and the sheriff of that county to set aside an execution sale of real estate and to recover $500 deposited with the sheriff. The case was tried before Olsen, J., who made findings and ordered judgment directing the sheriff to pay to the county of Lincoln the sum of $293 and return to plaintiff the balance of the $500 deposited by'him.

Arthur Prenevost gave notice of appeal to the district court for Red Lahe county from the determination of the county canvassing board of that county certifying that Omer Delorme was elected to the office of county commissioner. The appeal was heard before Watts, J., who made findings and ordered judgment in favor of contestant. Prom the judgment entered pursuant to the order for judgment, contestee Delorme appealed.

Action in the district court for Yellow Medicine county to recover possession of certain personal property or for $596.92, the value thereof, and $100 damages. The ease was tried before Qvale, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $419.17 in favor of plaintiff and that defendant was entitled to the return of three calves or the sum of $63.

Action in the district court for Mahnomen county to determine defendant’s adverse claim to certain real estate under a certain tax certificate. The case was tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff, subject to defendant’s lien for the sum of $102.58 taxes paid, and in favor of defendant for the amount of taxes. Erom the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the municipal court of Minneapolis to recover $187.50 for broker’s commission upon an exchange of property between defendant and one Hayter. The case was tried before Charles L. Smith, • J., and a jury which returned a verdict for $125, with interest. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Hennepin county to recover $972.50 for services and material. The case was tried before Waite, J., who denied tbe motion of defendant Strite to dismiss tbe action as to him, and a jury wbicb returned a verdict for $1,064.28. From an order denying bis motion for a new trial, defendant Lyons appealed.

Action in the district court for Wilkin county to recover $356 as commission for obtaining a purchaser for defendant’s real estate. The case was tried before Flaherty, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $375. From an order denying his motion for a new trial, defendant appealed.

After the decision upon the former appeal reported in 124 Minn. 85, 144 N. W. 455, Luella Herrick Fiske moved to amend the findings of fact and conclusions of law to conform to the decision of the supreme court therein, on the ground that no new trial was ordered by the supreme court and that none was necessary as all questions ■of law and fact were decided by the supreme court adversely to the ■contention of Izzie H. W. Lawton and the administrator of the estate, and…

Defendant was prosecuted in the municipal court of St. Paul for violating Ordinance No. 3,218 with intent to defraud the St. Paul Oity Railway Company. Defendant was tried before Finehout, J., pleaded not guilty, and was convicted and sentenced to pay a fine of $5, or in default thereof to 'be imprisoned in the workhouse not to exceed five days. From the judgment of conviction, defendant appealed.

Defendant was prosecuted in the municipal court of St. Paul for failing to furnish food, clothing and shelter to his wife and their two minor children. He was tried before Boemer. J., who found him -guilty and sentenced him to 30 days in the workhouse. Erom the judgment and order denying a new trial, defendant appealed.

Martin Martinson appealed to the district court for Scott county from an order of the town board of Eagle Creek denying Ms petition for a cartway. The appeal was heard before Morrison, J., who granted the motion of the town of Eagle Creek to dismiss the proceedings. From the order denying a new trial, Martin Martinson appealed.

Action in the district court for Kandiyohi county to recover $215.-89 for supplies furnished a pauper and her minor children. The case-was tried before Qvale, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the municipal court of Mankato to recover $70.15 for medical services rendered defendant. The case was tried before Comstock, J., who made findings and ordered judgment for the amount demanded. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Christ Lucken was indicted by the grand jury of the crime of forgery in the second degree, tried in the district court for Chippewa county before Qvale, J., and a jury, and convicted. From an order denying his motion for a new trial on the ground of errors occurring at the trial and that the verdict was not justified by the evidence and from an order denying his motion for a new trial on the ground of newly discovered evidence, defendant appealed.

Defendant was indicted by tbe grand jury of Pennington county of tbe crime of selling liquor to an habitual drunkard. He was tried before Grindeland, J., wbo at tbe close of tbe state’s case denied defendant’s motion to dismiss tbe prosecution, and a jury wbicb returned a verdict of “guilty?’ Erom an order denying bis motion for a new trial, defendant appealed.

Two actions in the district court for Dakota county by the administratrix of the estate of James H. Fitzgerald, deceased, one against the administratrix of the estate of Thomas Fitzgerald to recover $825, and the other against Annie Fitzgerald and others to cancel certain deeds. At the trial before Johnson, J., it was stipulated in open court that judgment in each action might be entered in favor of defendant upon payment to plaintiff of $500.

Action in the district court for St. Louis county to recover a balance of $967-83. The facts are stated in the opinion. The case was tried before Ensign, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict 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 Rudolph Babler and Colin C. Joslyn. The case was tried before Hale, J., who made findings and dismissed the action. Erom an order denying her motion for a new trial, plaintiff appealed.

Upon the relation of.the Duluth Diamond Drilling Oo. this court granted a writ of certiorari to review the proceedings in the district court for St. Louis county, Hughes, J., in an action by Emil Clemets, employee against relator employer.

Action in tbe district court for Hennepin county to recover $990.70. The answer alleged that the work done by plaintiff was performed under an agreement to do it for the sum of $3,0$2 and tendered judgment for $27.70. The reply denied the contract. The case w'as tried before Fish, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $569.70.

Action in tbe district court for Hennepin county by tbe administrator of tbe estate of William Horkovice, deceased, to recover $7,500 for tbe death of bis intestate. Tbe case was tried before Molyneaux, J., wbo at tbe close of plaintiff’s case denied defendant’s motion to dismiss tbe action, and denied its motion for a directed verdict, and a jury which returned a verdict for $3,000. Defendant’s motion for judgment notwithstanding the verdict was denied.

Action in the municipal court of St. Paul to recover $104.34. The case was tried before Einehout, J., who when plaintiff rested denied defendant’s motion to dismiss the action, made findings and ordered judgment against defendant Alberto. Erom an order denying his motion for a new trial, defendant Alberto appealed.

Action in the district court for Crow1 'Wing county to determine adverse claims to certain real estate. The amended answer alleged that defendant was the owner in fee and prayed judgment that plaintiff be adjudged to have no estate therein. The case was tried before Wright, J., who made findings and -ordered judgment in favor of defendant. From-the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of the Minnesota Loan & Trust Co. as executor and trustee under the will of ^Curtis H. Pettit, deceased, and as testamentary guardian of the estates of Deborah Louise Douglas, Elizabeth Pettit Douglas and Eleanor George Douglas, minors, this court granted its writ of certiorari to review a decree of the probate court for Hennepin county, Dahl, J., in the matter of the estate of relator’s testator.

Action in tbe district court for Hennepin county by tbe administratrix of tbe estate of Lome Mitton, deceased, to recover $7,500 for tbe death of ber intestate.

Action in the district court for Lac qui Parle county to recover a balance of $4,029.25. Tbe case was tried before Qvale, J., who when plaintiff rested denied defendant’s motion to dismiss tbe action, and a jury wbicb returned a verdict for $3,984.56. Prom an order denying its motion for judgment notwithstanding tbe verdict or for a new trial, defendant appealed.

To the petition of Ellen Orowley for the admission to probate of the last will and testament of Edward Lawrence, deceased, Gertrude Earley filed objections. Erom the order of the probate court for Hennepin county allowing tb.e will, Gertrude Earley appealed to the district court f'or that county. The appeal was heard by Dickinson, J., who made findings and reversed the order of the probate court.

Action in the district court for Otter Tail county to recover $7,200 for personal injuries received -while in the employ of defendant.

Action in the district court for Polk county against Northwestern Marble Works, a corporation, Crookston Marble Works, a corporation, P. N. Pingdahl, John L. Sundet and F. R. Hamel to enjoin defendants from using the name Crookston Marble Works as the name of the corporation, firm or individuals who might conduct defendants’ business. The action was tried before Watts, J., who made findings and dismissed the action.

Action in the district court for St. Louis county to recover $20,000 for injuries received by plaintiff while employed as a grain inspector by the state of Minnesota. The case was tried before Dancer, J., who when plaintiff rested granted the motion of defendant railway company for a dismissal of the action as to it, and a jury which returned a verdict for $1,500.

Action in the district court for Blue Earth county to determine the indebtedness of defendants Monks & McKinley and George W. Monks to plaintiff bank and to the First National Bank of Mankato, and to foreclose the mortgage mentioned in the opinion. The case was tried before Olsen, J., of the Ninth judicial district, who made findings and ordered judgment in favor of plaintiff. The findings were amended upon the motions of plaintiff and of defendants Hoerr and McKinley.

Action in the district court for St. Louis county to recover $1,350 as rent for the months of August, September and October, 1913. The case was tried before Fesler, L, and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for judgment notwithstanding the verdict was granted. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in tbe district court for Yellow Medicine county against the receiver of the Sterling Securities Corporation, G. W. Hannah and J. D. Pedersen. The action was tried before Qvale, J\, who granted a motion to dismiss the action as against the receiver, and denied a motion to dismiss the action as to the other defendants, and a jury which returned a verdict for the amount demanded. The motion of the defendants for judgment notwithstanding the verdict was granted.

Action in the municipal court of St. Paul. Defendant set up a counterclaim. The jury returned a verdict in favor of defendant. Plaintiff objected to the taxation of defendant’s costs and disbursements on the ground that defendant was not the prevailing party in -the action, and appealed from the taxation by the clerk. Upon appeal the taxation of costs was set aside, Finehout, J., who ordered that no costs and disbursements be allowed either party.

Action in the district court for Yellow Medicine county to recover $2,999 for personal injury caused by the defective condition of defendant’s premises. The case was tried before Powers, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict for $2,000.

Upon the relation of Peoples Coal & Ice Co., this court granted its writ of certiorari to review the judgment of the district court for Ramsey county, Kelly, J., in the case of Caroline Newmann against relator.

Action by the administratrix of the estate of John W. Lawler, deceased, in the district court for Stearns county to recover $7,500 for the death of her intestate at a highway crossing over defendant’s railroad, and $500 for property destroyed. The case was tried before Koeser, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $7,900. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied.

Action in the district court for Ramsey county to recover $37,000 for personal injury received while riding on a handcar. The case was tried before Dickson, 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 Beltrami county to recover $5,000 for assault and battery. The case was tried before Stanton, J., and a jury which returned a verdict for $1,200. Erom an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Several persons applied to the district court for Steele eonnty for an order directing the payment to them of a reward for procuring the arrest and conviction of George Thomas Greer as a horse thief. The court, Childress, J., made findings and denied the applications. Erom the order denying the applications, Bernhard Eischer and C. J. Ost appealed.

Action in the district court for Beltrami county to recover $5,588.69. The case was tried before Wright, J., and a jury which returned a verdict for $4,683.32. From an order denying its motion for a new trial, defendant appealed.

Upon its petition defendant obtained from this court an order directing plaintiff to show cause why his appeal from a judgment entered in the district court for Hennepin county should not be dismissed. The facts are stated in the opinion.

Anna L. Chamberlain petitioned the probate court for Steele county to admit to probate the last will and testament of Polly Gordon, deceased. Charles Hudson Gordon filed objections to the allowance of the will on the ground that undue influence had been used to obtain its execution. Prom an order of the probate court denying the petition to admit the will, proponent appealed to the district court for that county.

After the former appeal reported 128 Minn. 283, 150 N. W. 922, defendant appealed from a judgment entered in favor of plaintiff in the district court for Yellow Medicine county.

Action in the municipal court of Minneapolis to recover possession of a certain automobile or $450, its value, and $40 damages. • The answer was a general denial. The case was tried before Montgomery, J., who when plaintiff rested denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of plaintiff for the possession of the car, or in case such possession could not be obtained for $300.

Action in the district court for St. Louis county by Matthew P. Montee, as father and for the benefit of his minor son Cecil. Prom an order of the court, denying defendant’s motion for judgment in its favor and upon its own motion granting a new trial, defendant appealed.

Appeal, by defendant from an order of the district court for Hennepin county entered May 27, 1913, purporting to vacate an order for judgment made on September 16, 1912, and from an order of November 2, 1914, denying defendant’s motion to vacate the order of May 27, 1913, and denying his motion to strike the case from the calendar.

Action in the district court for Ramsey county to recover $1,780, balance due for services as manager of defendants’ business. The case was tried before Kelly, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and a jury which returned a verdict for $1,200. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $1,000 upon defendant’s certificate upon the life of Waldemar Ness. The case was tried before Hale, J., who at the close of the testimony denied defendant’s motion to dismiss the action, and a jury which returned a verdict for the amount demanded. From an order denying its motion for judgment notwithstanding the verdict and granting its motion for a new trial, defendant appealed.

Action for divorce in the district court for St. Louis county. The case was tried before Cant, J., and a jury which returned an affirmative answer to the question whether defendant had committed adultery with a certain person and a negative answer to the question whether plaintiff had committed adultery. The court made findings and ordered judgment dissolving the marriage 'relations of the parties, and awarding the custody of the minor children to plaintiff.

Action in the district court for Otter Tail county to recover $270 as commission for making a sale of real estate. The case was tried before Flaherty, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for the amount demanded. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Yellow Medicine county to recover $56.50 for medical services rendered an indigent person. The case was tried before Qvale, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Upon the relation of Frank H. Klemer the district court for Rice county granted its alternative writ of mandamus directing the city recorder of the city of Faribault to act upon a petition demanding the recall and removal of George L. Smith,^ as mayor of that city, and certify the same to be sufficient, and immediately thereafter submit the same to the council of the city as by the charter thereof provided.

From an order of the district court for Crow Wing county, MeClenahan, J., denying its motion to file an amended and supplemental complaint, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $60.48, rent for the months of April and May, 1914, and $3.84 paid to the city of Minneapolis for water. The answer alleged that on February 2, 1911, defendant notified plain-till that he would vacate the premises on April 1, 1914, and that pursuant to-said notice he surrendered the premises to plaintiff.

Defendant obtained from the district court for Ramsey county an order requiring plaintiff to show cause why he should not make certain payments to defendant. From an order, Brill, J., denying the application and discharging the order to show cause, defendant appealed.

<p>Disbarment of attorney.</p> <p>Attorney at law disbarred because of wilful misconduct in his profession. [Reporter.]</p>