Volume 131 — Minnesota Reports

Upon the information, of the attorney general, this court granted its writ of quo warranto requiring the respondent Bergit Billberg to show by what warrant she assumed to hold the office of county superintendent of schools in Eoseau county.

Action in the district court for Martin county against defendant railway company and George Smith to recover $10,000 for personal injury received while a passenger upon defendant’s train. The case was tried before Quinn, J., and a jury which returned a verdict in favor of defendants. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Hennepin county by the members of the firm of Judson Brothers to recover $1,153.12, the value of a carload of beans wrongfully delivered by defendant carrier. The case was tried upon an agreed statement of facts before Dickinson, J., who made findings and ordered judgment in favor of plaintiffs. From an order denying its motion for judgment notwithstanding the findings of fact and conclusions of law or for a new trial, defendant appealed.

Action in the district court for Bamsey county by plaintiff minor to recover $200 and the surrender of his promissory note for $800 in favor of defendant. The case was tried before Brill, J., who made findings and ordered judgment in favor of plaintiff. From the order denying its motion_ for amended findings or for a new trial, defendant appealed.

Action in the district court for Scott county to recover a balance of $676.06 for services rendered. The case was tried before Morrison, J., and a jury which returned a verdict for $147. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to cancel plaintiff’s benefit certificate for $2,000 upon the life of defendant, and to restrain him from enforcing the same. The case was tried before Kelly, J., who made findings and ordered judgmerit in favor of plaintiff upon payment of the sum of $228.15. From an order denying its motion to vacate the decision and for a new trial, plaintiff appealed.

Action in the district court for Kamsey county against 25 insurance companies to recover $125,000 and apportion the same among the respective defendants. The complaint alleged that there was no controversy as to plaintiff being entitled to receive from some or all of defendants the sum of $125,000, but that a controversy had arisen between the companies comprising the first group and those comprising the second group, so-called, as to the distribution of liability.

Upon the relation of the Crookston Lumber Company this court granted its writ of certiorari directed to the district court for Beltrami county and the Honorable C. W. Stanton, one of the judges thereof, commanding them to return to this court all the records and proceedings and all evidence introduced or offered at the trial in relation to the matter of compensation for the death of Tobias Olsen Hadde-land, also known as Tom Hedland, against the Crookston Lumber Company.

Action in the district court for Hennepin county to recover $308.78 and to foreclose a mechanic’s lien for that amount. The cause was heard before Jelley, J., who made findings and ordered judgment in favor of plaintiffs. Prom an order denying the motion of defendant Warner Hardware Company for a new trial, it appealed.

Action in the district court for St. Louis county to recover $10,000 for injury received while in the employ of defendant. The case was tried before Dancer, 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 its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Big Stone county to recover $1,072. The facts are stated in the opinion. The case was tried before Flaherty, J., and- a jury which returned a verdict for $1,044.80. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $'¡'41.80 for medical care and burial. expenses incurred in behalf of Nellie L. Risch. The case was tried before Jelley, J., who at the close of the testimony denied defendant's motion to dismiss the action and plaintiff's motion for a directed verdict for the sum of $693.40 and interest, and a jury which returned a verdict for $651.81.

Upon the relation of T. S. Bjorem, J. P. Grothe, G. Gilbertson, Alex Holden and George W. Wishard, freeholders, this court granted five writs of certiorari directed to the district court for Norman county and Andrew Grindeland, one of the judges thereof, to review the order of that.court in establishing Judicial Ditch No. 51.

Action in the district court for Hennepin county to recover $10,000 for personal injury caused by being struck by an automobile driven by defendant, and $300 for medical and hospital expenses. The case was tried before Hale, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for 81,000. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Crow Wing county to recover $10,000 for personal injury received while in defendant’s employ. The case was tried before McClenahan, J., and a jury which returned a verdict for $2,000. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court lor Lac qui Parle county. The substance of the complaint will be found at the beginning of the opinion. From an order sustaining a demurrer to the amended complaint, plaintiff appealed.

Action in the district court for Bed Lane county to determine adverse claims to real estate in plaintiff’s possession. The case was tried before Watts, J., and a jury which returned a negative answer to the question whether at the time plaintiff delivered the deed of his land it contained the name of Alford G. Eddy .as one of the grantees therein.

Defendant was indicted by the grand jury of the county of Lincoln, tried before Olsen, J., and a jury, convicted of the crime of attempted extortion, and thereupon sentenced to hard labor at the state prison for a period not exceeding two and one-half years. The execution of the sentence was stayed, and at the request of defendant the case was certified to this court.

Action in the district court for St. Louis county to recover $3,000 for false imprisonment. The defense is stated in the opinion. The ease was tried before Hughes, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $800. Defendant’s motion for a new trial was granted on the ground that the court erred in its instructions to the jury and the further ground that the damages were excessive.

Action in tbe district court for Ramsey county. The Maryland Casualty Company of Baltimore was served with garnishee summons and the garnishee made the disclosure mentioned in the opinion. The garnishee’s motion for discharge was denied and plaintiff’s motion for judgment against the garnishee was granted, Dickson, J. Prom the judgment entered pursuant to the order for judgment, the garnishee appealed.

Lewis I. Husebo, a freeholder of School District No. 74, petitioned the boaid of county commissioners of Lac qui Parle county to be set off from that school district and attached to District No.. 94, because the taxes in the former district were so high as to be confiscatory. The petition was granted.

Action in the district court for Hennepin county by the beneficiaries thereunder to recover $3,000 upon defendant’s benefit certificate upon the life of Taube Tennen. The case was tried before Fish, J., who when plaintiff rested and at the close of all the testimony denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,978. 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 $6,280 for personal injuries caused by a fall upon an icy sidewalk, and $75 for expenses incurred. The case was tried before Dancer, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $3,575. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant city appealed.

Upon the relation of Gustave A. Carlson this court granted its writ of certiorari directed to the district court for Hennepin county, to review the order of that court in a proceeding against relator under the Workmen’s Compensation Act brought by Dorothy Eapley, on behalf of herself as surviving spouse and as mother of their minor children, to recover compensation for the death of Charles J. Eapley, deceased.

Edward Lasher and another were indicted by the grand jury, tried in the district court for St. Louis county before Hughes, J., and a jury, and convicted of adultery. The case was certified to this court upon the question whether Anna Lasher, wife of defendant Edward Lasher, was a competent witness against her husband.

Application of John Christopher Crowley for registration of title. Jennie Norton claimed title to two of the four lots involved. The matter was heard before Jelley, J., who made findings and ordered judgment in favor of applicant. From the judgment entered pursuant to the order for judgment, Jennie Norton appealed.

William A. Tautges and P. J. McLaughlin, attorneys for plaintiff in an action in the district court for Ramsey county, moved for an order vacating a stipulation for dismissal of an appeal taken by defendant which was signed by plaintiff in person and the attorneys of defendant, and for an order determining the fees of plaintiff’s attorneys to which they were entitled for services rendered in the action, on the ground that they had a lien on the cause of action for their…

Action in the district court for Norman county to recover a balance of $900 due upon a contract and $120 deposited by plaintiff as security for its performance. The case was tried before Grindeland, J., and a jury which returned a verdict for $900 and interest. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for St. Louis county by the administrators of the estate of Alfonso Capozzi, deceased, to recover $15,000 for the death of their intestate while in the employ of defendant. The complaint alleged that the train which killed the decedent was running at a speed of about sixty miles an hour contrary to the city ordinance and gave no warning of its approach.

Action in the district court for Hennepin county. Defendants’ demurrer to the complaint was sustained, Hale, J. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for St. Louis county by the father of plaintiff minor to recover $2,500 for personal injury.

Upon the relation of Eobert Peers the district court for St. Louis county granted its writ of habeas corpus directed to William Fitzgerald, court officer of the municipal court of the city of Virginia. Upon the hearing before Hughes, J., the writ was discharged and relator remanded to the custody of the officer. From the order discharging the writ and remanding relator, he appealed.

Action in the district court for Hennepin county to recover $30,000 for personal injuries received while in the employ of defendant and $750 for medical and surgical expenses. The case was tried before Molyneaux, 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 Becker county to recover $162 upon a written contract. The defense is stated in the first paragraph of the opinion. The case was tried before Eoeser, J., who when plaintiff rested fieTn'p.il defendant’s motion to dismiss the action and plaintiff’s motion for judgment on the pleadings, and a jury which returned a verdict for eight dollars.

Action in the district court for Koochiching county to recover $450 upon a promissory note. From an order of the court commissioner for the county vacating a judgment entered by default and allowing defendant to defend, plaintiff appealed.

Action in tbe district conrt for Eamsey county to recover $2,000 upon defendant’s agreement to insure the life of Osias Kulberg. The defendant appeared specially for the purpose of objecting to the jurisdiction of the court and moved to vacate the service of the summons, on the ground that defendant was a foreign corporation, had never transacted business within the state of Minnesota and had never been authorized so to do.

Action in the district court for Koochiching county against James Brennan and the American Surety Company of New York to recover $2,-000 for personal injury received while in defendant Brennan’s saloon for the sale of intoxicating liquors, in violation of the provisions of the liquor license bond and the laws of the state. From orders overruling separate demurrers of defendants, McClenahan, J., defendants took separate appeals.

Action in the district court for Becker county for specific performance of an agreement for the sale of real estate. The case was tried before Parsons, J., who when plaintiff rested denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Eamsey county to recover $3,150 upon defendant’s policy of accident insurance. 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 $3,682. Defendant’s motion for judgment notwithstanding the verdict was granted. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Ramsey county to recover $5,000 upon defendant’s agreement to insure the life of Izer H. Hertz in favor of plaintiff. The case was tried before Dickson, J., who made findings and ordered judgment in favor of defendant. From an order denying his motion to amend the findings of fact or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $682.86 and $223.36, with an added penalty of $25 in each case, upon two shipments of flax from Lansford, North Dakota, to Minneapolis, Minnesota.

Action in the district court for Marshall county to cancel the instrument quoted in the opinion. Upon the motion of defendant the persons named in the opinion were made parties defendant. The case was tried before Grindeland, J., who made findings, ordered judgment in favor of plaintiff and dismissed the action against the interveners. Defendant Mathwig’s motion to set aside the decision and amend his answer so as to ask for a reformation of the contract was denied.

Action in the district court for St. Louis county. The Ontario & Minnesota Power Company, Limited, obtained an order to show cause why the attempted service of the summons upon the president of that company should not be set aside. From the order denying the application, Dancer, J., the Ontario & Minnesota Power Company, Limited, appealed.

Action in the district court for Ramsey county by the administratrix of the estate of John Everett Nash, deceased, to recover $25,000 for the death of her intestate from injuries received while in the employ of defendant, and $125 for funeral expenses. The case was tried before Hanft, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $18,000.

Action in the district court for Morrison county to recover a balance of $5,740.89 and to foreclose a mechanic’s lien for the same. Plaintiff moved for an order amending the summons and complaint by changing the name of defendant P. O. Duelos to Odilon Duelos. The motion was heard before Parsons, J., who granted it.

Action in the municipal court of Minneapolis to recover $159.69 for failure to furnish for value plaintiff’s live stock with water or food of any kind while awaiting shipment from the station of Stephen, Minnesota, and for failure to maintain defendant’s yard or pen in a reasonably dry and sanitary condition. The answer was a general denial.

Action in the municipal court of Minneapolis to recover $411.45 for negligence in storing apples and cranberries belonging to plaintiff. The case was tried before Bardwell, J., who made findings and ordered judgment for $100 in favor of plaintiff. Prom an order denying his motion to vacate the decision or for a new trial, plaintiff appealed.

After the former appeal, reported in 126 Minn. 260, 148 N. W. 106, the action 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 $8,000. Prom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Pennington county to enjoin defendant from maintaining and operating its railway upon Davis avenue in the city of Thief Eiver Falls and to compel it to remove its track and leave the street in the condition which existed prior to its occupancy.

Action in the district court for Pennington county to compel defendant to restore the Eed Lake river to its old channel at the place described in the opinion along the south side of plaintiff’s premises. The answer alleged that defendant had never had title to the land where it was alleged the water of the river was forced out of its natural course.

Upon the relation of B. E. Allen the district court for Eamsey county granted its alternative writ of mandamus directing A. J. Bush, as chief state inspector of oils for the state of Minnesota, to reappoint relator to the office of deputy inspector of oils for McLeod county or show cause why he had not done so.

Action in the municipal court of Thief River Falls to recover $100 and interest upon a promissory note. The history of the case is given in the opinion. From the judgment entered in favor of intervener, the First National Bank of Thief River Falls, defendant appealed to the district court for Pennington county upon questions of law alone. The appeal was heard before Grin del and, J'., who modified the judgment.

Action in the district court for Hennepin county to enjoin defendant city, W. G. Nye, as mayor of the city, and Oscar Martinson, as its chief of police, from revoking the license of defendant city for the operation of plaintiffs theatre.

Action in the district court for Ramsey county to recover $50,000 for personal injury received while in the employ of defendant. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict for $14,000. From an order denying its motion for a new trial defendant appealed.

Action in the district court for Marshall county against Lars M. Tell and four other individuals, the Mamrelund Swedish Evangelical Lutheran Congregation, a corporation, and the president, secretary and trustees of that corporation, to recover possession of church premises, in said county and the books and records, and to enjoin the defendants and their agents from interfering with plaintiffs as the true and only Mamrelund Swedish Evangelical Lutheran Congregation and C. G.…

Action in the district court for Hennepin county to recover $30,000 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 $1,875. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Cottonwood county to obtain specific performance of defendant’s agreement to exchange land and the execution of a warranty deed to plaintiff of the land belonging to defendant. The case was tried before Nelson, J., who made findings and ordered judgment in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Marshall county to recover $280 for injury- to a shipment of live stock over defendant’s road. The case was tried before Grindeland, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $250. 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 $6,200 paid by plaintiff on account of the purchase of land. The case was tried before Brill, J., who granted defendants’ motion to dismiss the action on the ground that the complaint did not state a cause of action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county. John P. Galbraith and John P. Galbraith, as trustee, were garnisheed. 0. G. Kinney, as trastee in bankruptcy of Robert R. Porter, bankrupt, intervened. The facts are stated in the opinion. The case was tried before Dickson, J., and a jury which returned a verdict that there was a partnership agreement existing between Robert R. Porter and George H. Porter.

Action in the district court for Sherburne county to recover $5,000 for conversion of 50 shares of the capital stock of the Daly Hardware Company. The case was tried before Steele, J., and a jury which returned a verdict for the amount demanded. Erom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

-Action in the district court for Ramsey,county to recover $10,000 for injury received while in the employ of defendant. The case was tried before Dickson, J., and a jury which returned a verdict for $4,250. From an order denying its motion for a new trial, defendant appealed.

After the former appeal reported in 125 Minn. 458, 47 N. W. 444, the answer was. amended to set up as a new defense that the minor, prior to the performance of plaintiffs services, had been emancipated. The case was tried before Finehout, J., and a jury which returned a verdict in favor of defendants. Prom an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Pennington county against defendant Mageau and Equitable Surety Company to recover $7,188.70 upon a statutory bond to secure the construction of Judicial Ditch No. 2 in the Fourteenth judicial district. The case was tried before Grindeland, J., who when plaintiff rested and at the close of the tria] denied the motion, of defendant surety company to dismiss the action, and a jury which returned a verdict for $5,793.51 against defendant company.

Action in the district court for Hennepin county to recover $1,200 upon defendant’s benefit certificate upon the life of Robert T. Mack-nick. The case was dismissed and judgment entered in favor of defendant. Plaintiff obtained an order requiring defendant to show cause why the order of dismissal and all proceedings subsequent thereto should not be set aside and the action be reset for trial. The application was heard before Leary, J., and granted upon condition.

Action in the district court for Dakota county against defendant Erickson, the city of Hastings and United States Fidelity & Guaranty Company to recover $1,056.60 for material furnished defendant Erickson in connection with a certain contract between him and defendant city. The answer of defendant city alleged that it had paid defendant Erickson in full.

Defendant and another were indicted by the grand jury for the crime of murder in the first degree, tried in the district court for Hennepin county before Jelley, J., and a jury which rendered a verdict of guilty as charged in the indictment. From the order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $20,000 for personal injury received while in the employ of defendant. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict for $3,760. Defendant’s motion for judgment notwithstanding the verdict was denied and her motion for a new trial was denied on condition that plaintiff consented to a reduction of the verdict to $2,750.

Action in the district court for Ramsey county to recover $15,000 for personal injury received while in the employ of defendant. The answer alleged that the physical conditions surrounding the work done by plaintiff at the time of the accident were patent and observable, well known to plaintiff, and he knew, understood and appreciated the risk of being injured in the manner in which the accident occurred.

Action in the district court for Hennepin county to recover $1,700. The facts are stated in the opinion. The case was tried before Steele, J., who made findings and ordered judgment in favor of plaintiff for $1,-250. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $694.95. The facts are stated in the opinion. The case was tried before Steele, J., who made findings and ordered judgment in favor of plaintiff for $589.95. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Olmsted county to recover $5,000 for injury sustained from an assault and battery by defendant. The case was tried before Granger, J., and a jury which returned a verdict for $450. From an order denying his motion for a new trial, defendant appealed.

Defendant and another were indicted by the grand jury, tried in the district eonrt for Polk county before Watts, J., and a jury, and convicted of stealing wheat. From an order denying his motion for a new trial, defendant Christianson appealed.

Action in the district court for Lyon county by the administrator of the estate of E. M. Hanks, deceased, to recover $7,500 for the death of Ms intestate. The answer alleged that at the time of decedent’s death he was a trespasser upon the railroad tracks of defendant, and alleged that his death was not in any manner caused by any act or omission of defendant or its servants and that the death was directly caused by decedent’s own negligence.

Herman Eikmeier and others, legal voters in the county of Pipestone, appealed to the district court for the county from the canvass and declared result of the county canvassing board of that county of the election held on June 7, 1915, under the provisions of Laws 1915, p. 24, c. 23, on the question whether the sale of intoxicating liquor should be prohibited, wherein the canvassing board declared there were 1,069 votes in favor of and 1,073 votes against the proposition.

Action for specific performance in the district court for Crow Wing county. Henry Spalding filed a complaint in intervention and asked for a decree that neither plaintiffs nor defendants had any right, title or interest in the premises described. The case was trieil before Wright, J., who made findings and ordered judgment in favor of intervener. From the order denying his motion for amended findings or for a new trial, plaintiff appealed.

William Schultz, a qualified elector of the county of Meeker, gave notice of appeal to the district court for that county from the decision of the board of canvassers, declaring that at a special election on June 14, 1915, a majority of votes was east in favor of prohibiting the sale of intoxicating liquor in that county. The appeal was heard before Qvale, J., who denied the motion of contestees to dismiss the appeal, made findings and ordered judgment in favor of contestees.

Action in tbe district court for Hennepin county by the county attorney against J. Stroup, 0. F. Merriman, Mary B. Wheeler and others to abate a nuisance.

Action in the district court for Wabasha county to recover $35,000 for injury received while alighting from one of defendant’s passenger trains. The case was tried before Snow, J., and a jury which returned a verdict for $3,500. Defendant’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action by the mother of plaintiff minor to recover $50,000 for injury received by him while in the employ of defendant. The case was tried before Dickson, J., who ruled that he would compel plaintiff to elect upon what theory he would proceed, as stated in the second paragraph of the opinion. Plaintiff declined to make the election and the court dismissed the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county against M. Kamerer and John J. Frey to recover $1,350 for malicious prosecution. The case was tried before Fesler, J., who when plaintiffs rested denied defendants’ motion to dismiss the action, and a jury which returned a verdict for $3,-750. Defendants’ motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court for Ramsey county to recover $20,000 for personal injury and $500 for medical expenses. The case was tried before Kelly, J., and a jmy which returned a verdict for $8,871. 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 quiet' title to a certain city lot. The answer alleged that the notice of expiration of redemption mentioned in the complaint and in the opinion was not substantially in the form required by the laws of the state and was void.

Action in the district court for Ramsey county to recover $10,000 for assault and battery. Defendant appeared specially and moved to set aside tbe attempted service of summons and complaint. The motion was heard and denied by Michael, J. Prom the order denying its motion, defendant appealed.

Action in the district court for Ramsey county to cancel certain land contracts and the promissory notes described therein and to recover $24,-343.33. Plaintiff obtained an order requiring defendant to show cause why a temporary injunction restraining defendant from disposing of the promissory notes described in the complaint should not be granted pendente lite. The application was heard before Dickson, J., who granted the application upon filing a statutory bond for $5,000.

Action in the district court for Ramsey county to abate a nuisance. The case was tried before Kelly, J., who made findings, ordered judgment in favor of plaintiff for one dollar and granted a permanent injunction. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action by the county attorney in the district court for Ramsey county to abate a nuisance, to enjoin the use of the building described as a house of ill fame and for a sale of all the furniture and movable property therein and to collect the statutory penalty of $300 against defendants Terrett. The case was tried before Olin B. Lewis, J., who granted a motion to dismiss the action as to defendant Mick, made findings and ordered judgment in favor of plaintiff.

Upon the relation of the city of Northfield this court granted its writ of certiorari directed to the district court of Rice county and Hon. Arthur B. Childress, judge thereof, to review the action of the court in the matter of compensation for injuries of Christ Johnson, employee, against the city of Northfield, employer.

Action in the district court for Hennepin county against W. S. Win-gate, O. 0. Lundquist, G. A. Gruman, B. T. Allen and George B. Saf-ford, to recover $28,000 for malicious publication of the letter which is quoted in the opinion. From an order, Leary, .J., overruling the demurrer of defendants to the complaint on the ground that the facts stated therein did not constitute a cause of action, defendants appealed.

Action in the district court for St. Louis county by the special administrator of the estate of Alida Hubert, deceased, to recover $5,000 for the death of his intestate.

Action in the district court for Ramsey county to cancel the beneficiary certificate issued by plaintiff in favor of defendant and to enjoin him from attempting to enforce it. The beneficiaries named in the certificate were subsequently substituted as parties defendant, as stated in the opinion. From the order substituting them as defendants, Michael, J., they appealed.

Action in the district court for Ramsey county by the administrator of the estate of Leo Leitner, deceased, to recover $7,500 for the death of his intestate. 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 $1,500. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

In the matter of proceedings in the district court for Norman county to establish Judicial Ditch No. 52 in Norman and Polk counties, the court, Grindeland, J., established the ditch in accordance with the report of the viewers.

Action in the district court for Hennepin county against Leonard Nelson, James F. Cummings and the Glenwood-Inglewood Company to recover $25,000. . The case was tried before Fish, J'., who when plaintiff rested denied the motions of defendants to dismiss the action, and a jury which returned a verdict for $3,000. Separate motions of the defendants for judgment notwithstanding the verdict or for a new trial were denied.

Action in tbe district court for Hennepin county to recover $1,360 for breach of contract. The answer specifically denied that defendant entered into any contract with plaintiff. The case was tried before Waite,' J., who when plaintiff rested and at the close of the trial denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,274.

Action in tbe district court for St. Louis county to recover $7,978.23 upon a logging contract. The case was tried before Eesler, J., and a jury which returned a verdict for $776.50. Plaintiff’s motion for a new trial upon the second cause of action was denied. From the judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Waseca county to recover $3,000 for personal injury received while in the employ of defendant. After the appeal reported in 127 Minn. 244, 149 N. W. 296, the case was tried before Childress, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Upon the relation of William L. Windom, the district court for St. county granted its alternative writ of. mandamus directed to William I. Prince, mayor, Eoderick Murchison, William A. Hicken, and Leonidas Merritt, commissioners, the city council of the city of Duluth, commanding them to declare relator the person who received the high-number of votes at the municipal election in Duluth on April 6, for the office of judge of the municipal court, to declare him elected to…

Upon the relation of William H. Smallwood this court granted its writ of quo warranto directed to William L. Windom. Eespondent filed his answer and prayed that the writ be discharged and the state by the attorney general and the relator filed a reply to the answer of respondent. A referee was appointed and the testimony taken before him was returned to the court.

Action in the district court for Polk county to enjoin defendant city, its aldermen and mayor, and the owners and publishers of The Weekly Record from publishing a certain ordinance defining the fire limits of the city Of East Grand Forks and regulating the erection of buildings. Plaintiffs’ motion for a temporary injunction restraining defendants was heard before Watts, J., and was granted. From the order granting the motion, defendants appealed.

Defendant was indicted by the grand jury for the crime of assault in the second degree, was tried in the district court for Goodhue county before Converse, J., and a jury and convicted of assault in the third degree. Defendant’s motion for arrest of judgment and for a new trial was denied.

Defendant was indicted for the crime of swindling, tried in the district court for Hennepin county before Jelley, J., and a jury and convicted. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Otter Tail county to recover $5,000. The answer alleged that the report and statement made were in all respects true and that the same were sent in good faith and without malice. The facts are stated in the opinion. The case was tried before Parsons, 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.

When Walter N. Murray and Henry Staples presented to the probate court for Hennepin county the last will and testament of Sarah J. Hudson, deceased, Benjamin F. Lewis, Harriett M. Downs, Clara D. Wheeler, Ella Mead, Ered Lewis and Phila Downs, claiming to be the heirs of testator, filed- objections to the allowance of the will.

Action in the district court for Bamsey county to recover $1,600 for personal injury received in a fall upon the sidewalk in front of a building belonging to defendant company. The case was tried before Stanton, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $250. From an order denying its motion for judgment the verdict or a new trial, defendant appealed.

Action in the district court for St. Louis county by Lyndon A. Smith, Attorney General, to enjoin defendant from maintaining an unlicensed drinking place upon the premises described in the complaint. Plaintiff moved for a temporary injunction pendente lite and obtained an order to show cause why the injunction should not be granted. The application was heard before Fesler, J., who granted it. From the order granting the injunction ‘pendente lite, defendant appealed.

Action in the district court for Hennepin county to recover $6,922.45 upon two promissory notes. The case was tried before Jelley, J., and a jury which returned a verdict for the amount demanded. The substance of the defense set up in the answer is stated in the second paragraph of the opinion. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Scott county to restrain defendants, their confederates and all other persons, from interfering with plaintiffs free use of its property, from entering its premises for the purpose of interfering with its business and from attempting to induce its employees to refuse to perform their duties as such, and from inducing by threats, intimidation or violence any of its employees to leave its service or to prevent by violence any person from…

Action in the district court for Otter Tail county to recover $5,400 upon defendant’s policy of accident insurance. The answer among other matters alleged that the insured had not paid any premiums since April 1, 1913; that he came to his death by wilful and voluntary self-inflicted injuries and that his death was due to wilful and voluntary suicide which was not covered by the policy and specifically exempted from in the provisions thereof.

Action in the district court for Hennepin county against William E. Nelson, John A. Nelson and Hans A. Hanson to recover $1,918.14. The facts are stated in the opinion. The case was tried before Hale, J., and a jury which returned a verdict in favor of defendants. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to determine adverse claims to eight vacant city lots. Willard A. Dodge, one. of the defendants, in his answer alleged that he.was the owner in fee and entitled to the possession of the premises. The case was tried before Leary, J., who made findings and ordered judgment in favor of defendant Dodge. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Wilkin county to recover $645.81 upon a promissory note. The case was tried before Flaherty, J., who directed a verdict in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county against Hoy & Elzy Company, James Reid and Frank Campbell, to recover $8,000 for personal injury received while in the employ of defendant company and $100 for medical expenses.

From orders of the board of county commissioners of Itasca county auditing and allowing two claims of Andy Nelson against defendant county, the county appealed to the district court for that county. From an order, Stanton, J., sustaining the demurrer of the defendant to the complaint of Andy Nelson, he appealed.

Action in the district court for St. Louis county to recover $2,017 for injury received while walking across defendant’s street car track. The answer set up as a defense the negligence of plaintiff. The ease was tried before Dancer, 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 Dakota county to annul a deed of conveyance of certain real estate fraudulently obtained from plaintiff without the payment of any consideration and while plaintiff was infirm in body and mind. The case was tried before Johnson, J., who made findings and ordered judgment in favor of plaintiff. From an order denying her motion to amend the findings and direct judgment in her favor or for a new trial, defendant appealed.

Action in the district court for Hennepin county by the county attorney against May Schultz and the Minnesota Loan & Trust Company to abate a nuisance maintained by said defendant Schultz upon the premises described, to enjoin defendants from further use of the premises, for a sale of the furniture and movable property and to impose the statutory penalty of $300.

Action in the district court for Waseca county to recover $63.50 for a carload of straw. The facts in relation to the application for a change of venue are stated in the opinion. The motion of defendant hay company for judgment notwithstanding the verdict was denied, Childress, J. Prom the order denying the motion, defendant hay company appealed.

Action in the municipal court of Minneapolis to recover $250 for the machine described in the complaint. The case was tried before Bardwell, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for the amount demanded. Prom 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 reform a deed to certain premises and for an accounting of the rents and profits received from the 'property. The case was tried before Molyneaux, J., who made findings and ordered judgment' in favor of defendant. From an order denying her motion for a new trial and from the judgment entered pursuant to the order for judgment, plaintiff appealed.

After the former appeal, reported in 128 Minn. 360, 150 N. W. 1091, the case was tried before Olsen, X, and a jury which returned a verdict for $6,083. 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 $4,500. From the order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Prom an order of the board of supervisors of the town of Culdrum and from an order of the board of supervisors of the town of Swanville refusing to lay out a certain highway, C. D. Blanchard appealed to the district court for Morrison county. The appeals were heard together before Parsons, J., and a jury which returned a verdict in favor of plaintiff. Prom the judgments entered pursuant to the verdict, defendants appealed.

<p>Appeal from a judgment of the district court for Ramsey county in favor of plaintiff.</p>

<p>Appeal from a judgment of the district court for Ramsey county.</p>