Volume 130 — Minnesota Reports

Action in the district court for Hennepin county to recover $12,-800 for injuries caused by defendant’s negligence. The ease was tried before Hale, J\, who when plaintiff rested granted defendant’s motion to dismiss the action. Plaintiff’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for St. Louis county to recover $30,000 for personal injury caused by the negligence of defendant’s servants. The case was tried before Fesler, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Defendant was indicted by the grand jury, tried in the district court for Lake county before Cant, J., and a jury, and convicted of grand larceny in the second degree. Defendant’s motion to acquit and discharge defendant or for a new trial was denied. From the order denying his motion, defendant appealed.

Action in the district court for Hennepin county by the receivers of the United States Surety Co. against the persons doing business under the firm name of Cameron & Co. to recover $274.53. The ease was tried before Molyneaux, J., who made findings and ordered judgment for the amount demanded. From the order denying their motion to set aside the conclusions of law or for a new trial, defendants appealed.

Action in the district court for Winona county to recover $90 for the instruction of four pupils resident in defendant school district, under and by virtue of Laws 1909, c. 247, as amended by Laws 1911, c. 82. The case was tried before Snow, J., and a jury which returned a verdict in favor of plaintiff.

School District No. 36 of Marshall county, and the officers of that district, appealed to the district court for Marshall county from an order of the county board granting the petition of Frank Dahlgren and others for an enlargement of the boundaries of School District No. 31 as specified in the order. The appeal was heard before Grindeland, J., who set aside the order of the county board.

Action in the municipal court of Minneapolis to recover $172.13. The case was tried before Bardwell, J., who made findings and dismissed the action. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $15,000 for personal injury received while in the employ of defendant Minnesota Crushed Stone Company. The case was tried before Fish, J., who denied the motion of defendants Giguere for a dismissal of the action and a jury which returned a verdict for $5,000 against the defendants other than Charles Brown. The motion of defendants Giguere for judgment notwithstanding the verdict or for a new trial was denied.

Action in the district court for Ramsey county by the administratrix of the estate of Merlin E. Gotschall, deceased, to recover $5,000 for the death of her intestate. The case was tried before Brill, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,500.

Action in the district court for St. Louis county to recover $3,000 for personal injury received while in the employ of defendant. Defendant appeared specially and moved to set aside the service of the summons and complaint. The motion was heard before Cant, J., and denied. From the order denying his motion, defendant appealed.

Action in the district court for Ramsey county to recover $25,000 for personal injury received while a passenger upon defendant’s train. The case was tried before Brill, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,750. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Brown county to recover $6,000. From an order, Olsen, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Defendant’s motion in the district court for Brown county to vacate a judgment entered by default was heard and denied by Olsen, J. From the order denying the motion, defendant appealed.

Action in the district court for St. Louis county by Richard H. Terrill, as administrator of the estate of Russell Terrill, deceased, to recover $5,000 for the death of his intestate. The case was tried before Hughes, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,000.

Action in the district court for Steele county to recover $78.26. The case was tried before Childress, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Waseca county to recover $102.50. The case was tried before Childress, J., and a jury which returned a verdict for defendant. Plaintiff’s motion for judgment in his favor for $50, notwithstanding the verdict, was granted. From the judgment entered' pursuant to the order for judgment, defendant appealed.

Defendant was indicted by the grand jury of Pine county for the crime of carnal knowledge of a female child under the age of 18 years, tried in the district court before Stolberg, J., and a jury, and convicted. From an order denying his motion for a new trial, defendant appealed.

Otto Peiper and other resident freeholders appealed to the district court for Chippewa county from the action of the county superintendent of schools of Chippewa county in ordering the consolidation of common school districts Nos. 30, 41, 71 and 73 in that county. The appeal was heard before Qvale, J., who found that the county superintendent acquired no right or jurisdiction to order the consolidation, and ordered judgment quashing the order of consolidation.

From an order of the Railroad and Warehouse Commission requiring the Great Northern Railway Co. to operate and maintain its passenger trains Nos. 33 and 34 upon Sunday between Duluth and East Grand Forks, the Great Northern Railway Co. appealed to the district court for. Ramsey county. The appeal was heard before Dickson, J., who made findings and set aside the order of the commission. From the judgment entered pursuant to the order for judgment, the state appealed.

Action in the district court for Hennepin county against James B. Streeter and O. W. Kerr Co. to recover $20,318. The case was tried before Hale, J., who granted the motion of defendant Kerr Co. to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county. A number of corporations and individuals filed a complaint in intervention. The facts are stated in the opinion. Defendant’s demurrer to the complaint was overruled by Orr; J., who certified the question presented to be important and doubtful, in his opinion. From an order overruling its demurrer to the complaint, defendant appealed.

Action in tbe district court for St. Louis county to recover $700 for flooding plaintiff’s premises abutting upon Vermilion lake. The case was tried before Cant, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $300. 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 $225.

Defendant was indicted by the grand jury, tried in the district court for Hennepin county before Hale, J., and a jury, and convicted of forgery in the second degree. From an order denying bis motion for a new trial, defendant appealed.

EL. o deride M. Woodville, a brother of the testator, filed objections in the probate court for Rice county to the allowance of the last will and testament of Robert W. Woodville, deceased, presented to the court by Frank H. Morrill, the executor named therein. From the order of the probate court admitting the will to probate, contestant appealed to the district court.

Upon the relation of the attorney general the district court for Beltrami county granted its writ of quo warranto, directed to the Village of Island Lake and its president and recorder. Kespondents answered and the matter was heard before Stanton, J., who made findings and ordered that a writ of ouster issue. From the judgment entered pursuant to the order for judgment, respondents appealed.

Action in the district court for Blue Earth county to recover possession of two carloads of flour or $1,980, the value thereof. Defendants’ motion for change of venue was denied, Pfau, J. The case was tried before the same judge, who denied defendants’ motion to dismiss the action, and a jury which returned a verdict for $1,305.25. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Blue Earth county to recover $5,000 for malpractice. The case was tried before Pfau, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,000. 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 copartners doing business under the firm name of Brioschi-Minuti Co. and the Maryland Casualty Co. to recover $14,430. Defendant casualty company alleged that plaintiff did not notify the answering defendant of the default of the contractor until October 9, 1913, and that the action was commenced more than six months after the breach of contract by the contractor, in violation of the express provisions of the bond.

Action in the district court for Ramsey county to recover $674 for injury to a carload of strawberries. The case was tried before Kelly, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $561.-52. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was denied, unless plaintiff consented to a reduction of the verdict- by the sum of $32.64.

Action in the district court for Hennepin county to recover $40,000 for personal injury received while in the employ of defendant. The case was tried, before Dickinson, J., and a jury which returned a verdict in favor of defendant, and answered in the negative the question whether the settlement and release were of no effect because of the mental incapacity of plaintiff. From an order denying his motion for a new trial, plaintiff appealed.

Action in the municipal court for St. Paul to recover $324. The case was tried before Finehout, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for the amount demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Renville county to recover $1,600 as commission for selling land. the case 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 the amount demanded. From an order denying bis motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $20,500 for personal injury received when run over by defendant’s automobile. The case was tried before Brill, J., and a jury which returned a verdict for $9,015. Defendant’s motion for a new trial was granted on the ground of excessive damages, unless plaintiff consented to a reduction of the verdict to $7,000. From an order denying his motion for a new trial, defendant appealed.

Defendant was indicted in the district court for Ramsey county for the crime of criminal libel. His demurrer to the indictment was overruled, Orr, J. From the order overruling the demurrer, defendant appealed.

Action in the district court for Blue Earth county to recover $500. for rent. Defendant’s motion to vacate a writ of attachment was granted, Comstock, J. From the order vacating, the writ, plaintiff appealed.

Defendant corporation was indicted by the grand jury of Goodhue county of illegally charging and collecting from a person named more than two cents per mile for transporting him on its railroad from Frontenac to Ned Wing. Defendant moved the district court to quash the indictment and demurred to the indictment.

Action in the district court for Hennepin county to recover a balance of $1,787.50 for goods, wares and merchandise sold.

Action in the district court for Ramsey county to cancel a certain mortgage, the foreclosure thereof and the sheriff’s certificate of sale of the mortgaged premises. The facts are stated in the opinion. The case was tried before Kelly, J., who made findings and ordered judgment in favor of plaintiff. From an order denying his motion for amended findings and his motion for a new trial, defendant appealed.

Action in the district court for Mille Lacs county to determine adverse claims to certain vacant and unoccupied land. The case was tried before Parsons, J., who found that defendant William C. Doane was the owner in fee of the premises and that the contract, the deed from defendants Wilkes to plaintiff, and the mortgage from plaintiff to defendant bank, should be canceled. From the order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $5,000 for injuries received while in the employ of defendant. The ease was tried before Molyneaux, J., and a jury which returned a verdict for $500. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>William E. Rooney appealed to the district court for Stearns county from an order of the county board for that county, establishing a public ditch designated as No. 32 and confirming the reports of the engineer and viewers, on the ground that the benefits determined by the county board were in excess of the actual benefit to his land and that no .damages had been allowed him on account of the construction of the ditch. The appeal was heard before Roeser, J., and a jury which returned a verdict giving the number of acres which each parcel would receive from the lake bed and the amount of benefits by reason of the added land. From an order denying his motion for a new trial, William E. Rooney appealed.</p>

Action in the district court for Ramsey county by the father and natural guardian of the minor plaintiff to recover $2,500 for personal injury received by the minor while in the employ of defendant, and $25 for expenses. The case was tried before Brill, J., who at the close of plaintiff’s testimony denied defendant’s motion to dismiss the action and a jury which returned a verdict in favor of defendant.

Action in the district court for Ramsey county by the administratrix of the estate of James Conley, deceased, to recover $7,500 for the death of her intestate. The case was tried before Olin B. Lewis, J., who at the close of plaintiff’s testimony denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $4,300. From the order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was charged with violation of an ordinance of the city of Minneapolis, tried in the municipal court of Minneapolis, convicted and sentenced, Charles L. Smith, J., to pay a fine of $10 or in default thereof to be committed to the workhouse for the period of 10 days. From the judgment entered pursuant to the sentence, defendant appealed.

Action in the district court for Dodge county to recover $25,000 for services rendered defendant. The case was tried before Childless, J., and a jury which returned a verdict for $5,000. From an order denying her motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Two actions in the district court for Swift county, one by W. E. Tryon to recover $230 for services as physician and surgeon rendered a minor child of Martin Dornfeld, and the other by the Benson Hospital Association to recover $98.65 for care and attendance furnished the same child. From orders sustaining the demurrers of defendant Dornfeld to the complaints, Stanton, J., plaintiffs appealed.

Action in the district court for Ramsey county to determine adverse claims to vacant and unoccupied real estate. The ease was tried before Dickson, J., who made findings and ordered judgment in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Defendant was charged with the paternity of an illegitimate child. He was tried in the district court for Sherburne county before Giddings, J., and a jury which found him guilty as charged in the complaint. Defendant’s motion to set aside the verdict and for a new trial because of misconduct on the part of the jurors who tried the case was denied. From the order denying the motion, defendant appealed.

<p>Action in the district court for Blue Earth county to recover $1,600 upon the-promissory note of defendants. Defendant Himmelmann alone answered. The case was tried before Pfau, J., who denied the motion of defendant Himmelmann to dismiss the action, and a jury which returned a verdict in favor of defendant. From an order denying its motion for judgment in its favor notwithstanding the verdict or for a new trial, plaintiff appealed.</p>

Action in the district court for Roseau county to obtain judgment against defendant Bowe-Burke Co. for $1,114 and to foreclose a mechanic’s lien for that amount. the case was tried before Watts, J., who made findings and ordered judgment in favor of plaintiff and of certain lien claimants. the motion of defendant Bowe-Burke Co. to amend the findings of fact and conclusions of law or for a new trial 'was denied.

Action in the district court for Hennepin county to recover $2,000. The facts are stated in the opinion. The case was tried before Jelley, J., who denied defendant’s motion for judgment on the pleadings, 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 St. Louis county by the administratrix of the estate of Anton Kludzinski, deceased, to recover $10,000 for the death of her intestate, while in the employ of defendant.

Action in the municipal court of Minneapolis to recover $155. The case was tried before Bardwell, J., who when plaintiff rested denied defendants’ motion to dismiss the action and made findings and ordered judgment dismissing the action as to defendants Todd. Plaintiff’s motion to amend the findings was denied. Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Koochiching county to recover $5,500 for malicious prosecution. The case was tried before Wright, J., who when plaintiff rested denied motions to dismiss the action as to defendant railway and lumber companies and granted motions to dismiss as to the other defendants, and a jury which returned a verdict for $3,250.

Action in the district court for Goodhue county to recover $3,300 upon defendant’s policy of accident insurance. The answer alleged that the insured wrongfully took his own life by the intentional discharge of a pistol. The case was tried before Johnson, J., and a jury which returned a verdict for the amount demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Goodhue county to recover $3,000 for personal injury received while alighting from defendant’s train. The case was tried before Johnson, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $933.33. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Wilkin county to recover $500 for the conversion of grain. the case was tried before Flaherty, J., who denied defendant’s motions to dismiss the action, and a jury which returned a verdict for $173.88. From the 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 $90,-000. When the case was called for trial plaintiff’s motion to transfer the cause from the court calendar to the jury calendar was denied, Fish, J. When the case was thereafter reached for trial plaintiff’s demand for a jury was denied, Steele, J., and the plaintiff refused to submit any evidence without a jury. Defendant’s motion to dismiss the action for want of prosecution was granted.

From the final decree of the probate court for Ramsey county assigning the residue of the estate of Philip E. Reid to Josephine Reid Greene, Charles Clark Reid and Edward Reid, share and share alike, Bazille, J., Shelly Williams appealed to the district court for that county. The appeal was heard before Dickson, J., who found that Shelly Williams was the only surviving heir at law and next of kin of decedent and entitled to inherit the whole of his estate.

Action in the district court for Ramsey county to recover $5,000 for personal injury received while in the employ of defendant. The case was tried before Dickson, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,500. 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 to recover $5,000 for personal injury received from defendant’s automobile while crossing a certain street. The case was tried before Hanft, J., and a jury which returned a verdict for $6,750. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Winona county to recover $20,000 for personal injury received while a passenger upon one of defendant’s street cars. The case was tried before Snow, J., and a jury which returned a verdict for $5,000. From the order denying its motion for a new trial, defendant appealed.

Upon the relation of Arthur W. Selover as special administrator of the estate of Matilda Carlson, deceased, this court granted its alternative writ of prohibition directed to the probate court for Aitkin county, Hon. Frank Hense, as judge of probate for that county, and William T. Mount, requiring them to refrain from the exercise of any jurisdiction over the estate of said decedent and show cause why the writ should not be made absolute.

Plaintiff filed its complaint with the Railroad and Warehouse Commission questioning the reasonableness of defendant’s rate on washed sand and gravel from complainant’s plant, located on Henry’s Spur, to points within the city limits of Minneapolis, and asked the commission to establish a reasonable rate.

Action in the district court for Hennepin county to recover $10,000. The separate answer of defendant Webster denied that he and the other defendant were partners or ever executed either of the notes described in the complaint, and alleged that if any notes were ever issued, purporting to be made by a copartnership composed of defendants, the same were made without his knowledge or permission and were fictitious so far as he or any copartnership were concerned.

Action in the district court for Dakota county to recover possession of certain premises and $1,000 damages for the use and occupation. The case was tried before Johnson, J., who made findings and ordered judgment in favor of plaintiff for the possession of the premises and the sum of $350. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Rice county to recover $3,000 for breach of contract. The case was tried before Childress, J., who when plaintiffs rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,500. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted. From the order granting the defendant’s motion for a new trial, plaintiffs appealed.

Action in the district court for Hennepin county to restrain defendant E. L. Welch Co. from proceeding before defendant chamber of commerce or its board of directors in enforcing a certain claim against plaintiff and to enjoin defendant chamber of commerce from offering for sale or selling the membership of plaintiff in that body. The ease was tried before Molyneaux, J„ who made findings and ordered judgment in favor of defendants.

Action in the district court for Dakota county for the surrender and cancelation of written instruments and to adjudge plaintiff to be the owner of certain real estate described in the complaint.

Action in the district court for Traverse county to recover $159.20 upon a promissory note. The answer set up a counterclaim for $550 for labor and services rendered plaintiff at its special instance and request. The case was tried before Flaherty, J., and a jury which returned a verdict in favor of defendant and assessed her damages at $890.89. Plaintiff’s motion for a new trial was granted unless defendant consented to a reduction of the verdict to $783.15.

Action in the district court for Waseca county to recover $5,000 for disease contracted in defendant’s unheated waiting room at Mason City, Iowa. The case was tried before Childress, J., and a jury which returned a verdict for $2,500. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $1,709.-79 for breach of contract. The case was tried before Cant, J., and a jury which returned a verdict for $1,587.15. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Beltrami county to recover $2,999 for personal injury received while in the employ of defendant. The case was tried before Stanton, 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 Koochiching county by the guardian ad litem of plaintiff minor to recover $15,000 for personal injury. The case was tried before McClenahan, J., and a jury which returned a verdict for $6,225. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Ramsey county against-John Mann and the Lion Bonding and Surety Co. to recover $192 upon defendant’s bond to secure the faithful execution of a contract. The case was tried before Brill, J., who made findings and ordered judgment in favor of plaintiff against defendant Mann. From the judgment entered in favor of defendant surety company, plaintiff appealed.

Action, in the district court for Aitkin county by the administrator with the will annexed of the estate of Warren Potter, deceased, to recover possession of certain personal property or $100,000 the value thereof the case was tried before Wright, 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 Hennepin county to recover $5,000 for personal injury received while in the employ of defendant corporation. The case was tried before Steele, J., who denied defendant’s motion to dismiss the action and a jury which returned a verdict for $1,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $1,000 upon defendant’s benefit certificate upon the life of Louis Dechter. The case was tried before Olin B. Lewis, J., who denied defendant’s motions to dismiss the action. From an order denying its motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Upon, relation of L. J. Lalonde the district court for Koochiching county granted its writ of habeas corpus requiring Thomas B. White, as sheriff of that county, to show cause why relator was retained in custody. The respondent made return and upon a hearing the relator was remanded to custody, Stanton, J. From that order, relator appealed.

Action for a limited divorce in the district court for Waseca county. The case was tried before Childress, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and made findings and ordered judgment for an absolute divorce in favor of defendant. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $2,000 upon defendant’s benefit certificate upon the life of Rebecca Marnier. The case was tried before Olin B. Lewis, J., who when plaintiffs rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,836.07. From an order denying its motion’for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was indicted by the grand jury for the crime of arson in the second degree, tried in the district court for Otter Tail county before Parsons, J., and a jury, and convicted. Prom an order denying his motion for a new trial, defendant appealed.

Two actions in the district court for Ramsey county, one by Albert O’Neil to recover $3,500 for personal injury of his wife and deprivation of her society and services, and the other by Rose O’Neil to recover $5,000 for her own injuries. The case was tried before Johnson, J., and a jury which found a verdict in each case in favor of defendant. From the order denying their motions for a new trial, plaintiffs appealed.

Action in the district court for Hennepin county against the county of Hennepin and village of Tonka Bay to recover $2,000 for injury to plaintiffs’ property. The case was tried before Dickinson, J., and a jury which returned a verdict for $500. The motion of defendant village for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendant village of Tonka Bay appealed.

Action in the district court for Hennepin county to determine adverse claims of defendant to the premises described in the complaint. The court ordered additional parties to be made defendants in the action. The case was tried before Fish, J., who made findings and ordered judgment in favor of plaintiff. Defendant’s motion for amended findings was denied. From an order denying his motion for a new trial, defendant Nelson appealed.

Action in the district court for Redwood county to determine the adverse claims of defendants to certain real estate. The case was tried before Olsen, 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 Roseau county to recover $25,000 for personal injury received while alighting from defendant’s train. The case was tried before Watts, J., and a jury which returned a verdict for $8,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, if plaintiff consented to a reduction of the verdict to $6,618, defendant appealed.

Action in the district court for Ramsey county to recover $39,862 as a tax upon defendant’s incorporated gross earnings during each of the years 1899 — 1911 inclusive. The case was tried upon stipulated facts before Dickson, J., who made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to recover $332.48 as a tax of two per cent upon the premiums received by defendant during the year 1908. From an order, Leary, J., sustaining plaintiff’s demurrer to the answer, defendant appealed.

Action in the district court for Stevens county to recover $7,800 for defendant’s negligence in disconnecting its electric light wires with plaintiff’s premises. Glens Falls Insurance Co. and four other insurance companies filed complaints in intervention. The case was tried before Flaherty, J.,. who made findings and ordered judgment- in favor of the several interveners for the respective amounts named and in favor of plaintiff for $3,800.

Supplemental complaint by the judgment creditor in the above entitled action in the district court for Ramsey county to charge the garnishees with the sum of $3,792 to respond to such final judgment as plaintiff might recover. The garnishees thereafter paid the money into court. The case was tried before Catlin, J., who ordered judgment in favor of plaintiff for the sum of $2,000.

Action in the district court for St. Louis county to determine adverse claims to an undivided interest in certain vacant and unoccupied land. Charles McGillis intervened and filed a complaint in intervention.

Action in the district court for Meeker county to recover $35,000 for personal injury received while in the employ of defendant. The case 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 $12,000.

Action in the district court for Ramsey county to recover $15,000 for personal injury received in walking upon a defective sidewalk. The demurrer of defendant to the amended complaint was sustained, Kelly, J. Prom the order sustaining the demurrer, plaintiff appealed.

Action in the district court for Hennepin county to recover $5,000 for personal injury received in a collision with plaintiff’s automobile. The answer specifically denied that at the time and place indicated in the complaint defendant drove an automobile, and specifically denied that he ran into or came in contact with plaintiff. The case was tried before Steele, J., and a jury which returned a verdict for $2,100.

Action in the district court for St. Louis county to recover $1,000 upon defendant’s benefit certificate upon the life of Robert Whidden. The answer admitted that plaintiff was the beneficiary named in the certificate, but denied that she was dependent upon the insured at the time of bis death within the meaning of the law and the contract and set up in terms the by-law quoted in the opinion.

Upon the relation of William L. Kohlman the district court for Kamsey county granted its writ of habeas corpus directed to John Wagener, as sheriff of that county. The sheriff made return that he held relator by virtue of a commitment from the municipal court of St. Paul for selling intoxicating liquor without first obtaining a license therefor and requiring relator to give bail for his personal appearance before the district court to answer such charge.

Action in the district court for Ramsey county against S. G. Cobb, Hugh Reals and D. Gr. Brunjes to recover $12,800 for malpractice. The case was tried before Olin B. Lewis, J., who when plaintiff rested denied separate motions of defendants to dismiss the action, and a jury which returned a verdict for $1,250 in favor of plaintiff. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Clay county to recover $5,000 from the officers and directors of the independent school district of the village of Hawley and O. E. Smith, principal of schools of that district, for conspiracy to prevent plaintiff from exercising her lawful calling as a school teacher in that district by maliciously discharging her without any notice or hearing.

Action in the district court for Lake county by the partners doing business under the firm name of Wick O’Connell & Co. against Michael Ward and Munroe, Boyce & Co. to recover $27,814 for a balance due upon a logging contract. The case was tried before Besler, J., and a jury which returned a verdict for $29,793. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for St. Louis county to restrain defendant Costin from selling certain shares of stock of the Chandler Mining Co. and for an accounting in connection therewith. The case was tried before Hughes, J., who made findings and ordered judgment in favor of plaintiff for $14,583.34. Defendant Costings motion for amended findings was denied. From the judgment entered pursuant to the order for judgment, defendant Costin appealed.

Action in the district court for Koochiching county to recover $2,584. From an order, Stanton, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Peter Nordlund, as administrator de bonis non of the estate of Carrie Walberg, deceased, and the heirs at law of decedent filed objections to the allowance of the final account of Frank E. Dahlgren as representative of the estate of John O. Walberg, deceased, administrator of the estate of Carrie Walberg, deceased. The final account was allowed and the objectors appealed to the district court for Marshall county from the order of the probate court allowing the account.

Action in the municipal court of Minneapolis to recover $397 for injury to plaintiffs automobile truck caused by the careless operation of one of defendant’s street cars. The case was tried before Montgomery, J., and a jury which returned a verdict for the amount demanded. From the order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action for divorce in the district court for Hennepin county. Defendant made no appearance. The case was tried before John Day Smith, J., who made findings and ordered judgment in favor of plaintiff. From an order Leary, J., denying defendant’s motion for an order amending the judgment, defendant appealed.

Frank Hunstiger petitioned the town board of the town of St. Cloud, and ex-officio board of health of that town, for permission to conduct a rendering plant on the premises described in the petition. From its order denying the application, petitioner appealed to the district court for Stearns county. The appeal was heard before Roeser, J., and a jury which rendered a verdict in favor of petitioner.

Upon the relation of the village of Clara City the district court for Chippewa county granted its alternative writ of mandamus directing the Great Northern Railway Co. and the Willmar & Sioux Falls Railway Co. to build the sidewalk mentioned in the opinion or show cause why they had not done so. From an order, Qvale, J., sustaining the demurrer to the complaint, relator appealed.

Action of ejectment in the district court for Mahnomen county. The answer alleged that defendant Praun was the owner in fee of the premises described and defendant Larson was in possession thereof under a lease from defendant Praun. The ease was tried before Grindeland, J., who made findings and ordered judgment in favor of defendants. From an order denying his motion for a new trial, plaintiff appealed.

John Brown, Jr., a citizen and voter of the city of Duluth, gave notice of contest and appeal from the resolution of the city council of the city of Duluth acting as a canvassing board, by which it decided and certified that W. H. Smallwood was elected judge of the municipal court of that city for the term of four years, on the ground that more first choice votes were cast for William L. Windom than any other candidate at that election and that Windom having received the…

Action in the district court for Koochiching county by members of the Chippewa tribe of Indians to enjoin defendants from cutting or removing any merchantable white pine or Norway pine timber from the premises described in the complaint.

Action in the district court for St. Louis county by the administrator of the estate of Pasquale Jeanette, deceased, to recover $3,000 for the death of his intestate. 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. Defendant’s motion for judgment notwithstanding the verdict was denied.

Action in ejectment in the district court for Carlton county. The case was tried before Fesler, J., and a jury which rendered a verdict in favor of defendants. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

<p>Jurisdiction of supreme court —motion for amended findings.</p> <p>The jurisdiction of the supreme court over a cause comes to an end when the remittitur is filed in the trial court. For that reason an application to this court to direct the trial court to amend its findings of fact and render judgment for plaintiff, was denied. [Reporter.]</p> <p>Motion for judgment without new trial.</p> <p>An ex parte application to the trial court for amended findings and judgment, without a new trial, after the remittitur from this court has been filed in the trial court, is properly denied. [Reporter.]</p> <p>After the decision reported in 128 Minn. 207, 150 N. W. 798, and the remittitur had been filed in the trial court, application was made to this court as stated in the opinion. Denied.</p>

Action in the district court for St. Louis county to recover $900 for flooding plaintiff’s premises abutting upon Vermilion lake. The case was tried before Cant, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $550. 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 $375.

From a judgment of the municipal court of Winona convicting her of a violation of the city ordinance, defendant appealed to the district court for that county. The appeal was heard before Snow, J., who denied plaintiff’s motion to dismiss the appeal and affirmed the judgment. From the order affirming the judgment, defendant appealed.

Action in the district court for Hennepin county to recover $15,000 for personal injury received while in the employ of defendant. The case was tried before Molyneaux, J., and a jury which returned a verdict for $750. 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 to recover $5,200 for personal injury received from defendant’s automobile while crossing a certain street. The case was tried before Hanft, J., and a jury which returned a verdict for $2,500. From an order denying its motion for a new trial, defendant appealed.

After the decision in the former appeal reported in 126 Minn. 159, 147 N. W. 1095, defendant applied to the district court for Steele county for leave to serve a supplemental answer. From the order denying the application, Childress, J., defendant appealed.

Action in the district court for Waseca county to restrain defendant from trespassing on the land of plaintiff. The case was tried before Childress, J., who made findings and ordered judgment making the temporary writ of injunction permanent. Prom an order denying his motion for a new trial, defendant appealed.

Action in the district court for Waseca county to recover $433.65 as a tax of two per cent upon the premiums received by defendant during the year 1906. From an order, Childress, J., overruling plaintiff’s demurrer to the answer, plaintiff appealed.

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 Molyneaux, J., and a jury which returned a verdict for $6,000. From an order denying its motion for a new trial, defendant appealed.

After the opinion which appears on page 474, supra, was handed down, respondent filed a petition for reargument, and thereafter on October 23, 1915, the following opinion was filed: