Volume 132 — Minnesota Reports

Action in the district court for Waseca county to recover $800. The case was tried before Childress, J., and a jury which returned a verdict for the amount demanded. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Defendant was indicted by tbe grand jury of tbe county of Lyon for selling intoxicating liquor without a license, was tried in the district court for that county before Olsen, J., and a jury, and convicted. From, an order denying his motion for a new trial, defendant appealed.

Action in the district court for Kittson county to recover $245.45 for board and lodging furnished defendant. The case was tried before Grindeland, J., and a jury which returned a verdict for $142 and interest. From the judgment entered upon the verdict, defendant appealed.

Application to the district court for Le Sueur county by John H. Lebens, as receiver of defendant corporation, for an order assessing stockholders therein preliminary to the enforcement of their constitutional liability. The application was heard before Morrison, J., who ordered an assessment upon each share of capital stock equal to the par value thereof. From the order of assessment, John F. Yanasek and Albert Sladek appealed.

From the order of the probate court for Wabasha county admitting to probate the last will and testament of Lars E. Elberg, deceased, Alfred Elberg, Eugene Elberg and Hilma Martin appealed to the district court for that county. The appeal was heard before Snow, J., who made findings and modified the final decree of the probate court as stated at the beginning of the opinion. From the judgment entered pursuant to the order for judgment, the persons named appealed.

Action in the district court for Nobles county to cancel a note and mortgage. The case was tried before Nelson, 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 Eamsey county to recover $50,000 for injury received while in the employ of defendant.

Action in the district court for Ramsey county to recover $2,000 upon defendant’s benefit certificate upon the life of Rebecca Marmer. From an order denying defendant’s motion for judgment on the counterclaim pleaded in the answer, defendant appealed.

Action in the district court for Waseca county to recover $81.34. The answer set up an extension of the contract mentioned in the opinion for the term of three years and a breach of the same. The case was tried before Childress, 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 Scott county to recover $400 for commission in obtaining a purchaser for defendant’s real estate. The case was tried before Morrison, 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 his motion for a new trial, defendant appealed.

Upon the relation of W. J. Landon the district court for Winona county granted its alternative Avrit of mandamus, directing C. W. Anding, as auditor of that county, to consider and pass upon certain bids submitted for the construction of eight certain state rural highways and to let the contracts for their construction to the lowest responsible bidders, if any, in accordance with the statute.

Action in the district court for Clay county against the receiver of the Barnesville National Bank of Barnesville to recover $5,000 deposited in that bank pursuant to a written agreement between Frank A. Hoyt and plaintiff. The case was tried before Nye, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Upon the relation of Lyndon A. Smith, Attorney General, this court granted its writ of quo warranto directed to the village of McKinley and the president, recorder and trustees of that village. Respondents filed an answer.

Action in the district.court for Hennepin county to recover $50,000 for injury received while a passenger upon one of defendant’s street cars. The answer alleged that for a valuable consideration plaintiff executed a release of all demands in any manner growing out of the claims set up in the complaint. The reply alleged that the release was procured through fraudulent representations by defendant’s claim agent while he was negotiating the settlement.

Action in the district court for Clay county to recover $3,000 for injury received by plaintiff while walking across defendant’s railway tracks. The case was tried before Roeser, J., and a jury which returned a verdict for $3,000. From an order denying its motion for judgment notwitstanding the verdict or for a new trial, defendant appealed.

Action by J. H. Evens and three other freeholders and voters against the trustees of Consolidated School District No. 46 of Aitkin county to restrain defendants from issuing bonds of such district, from conducting 'the business of said district and incurring expenses in the management thereof. The case was tried before Wright, J., who made findings and ordered judgment in favor of plaintiffs. From the judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Hennepin county to rescind the contract mentioned in the opinion and to recover $3,000. 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 áppealed.

Three actions in the municipal court of Minneapolis to recover a total of $1,103.73 for conversion of certain bank checks drawn by defendant in favor of plaintiff. The facts are stated in the opinion. The cases were tried before Bardwell, J., who made findings and ordered judgment in each case in favor of plaintiff for the amount demanded. From orders denying his motions for new trials or for substituted and additional findings, defendant appealed.

Action in the district court for Hennepin county to recover $2,800 for breach of the contract mentioned in the opinion. From an order sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Hennepin county to recover $15,000 for injury received while crossing defendant’s tracks. The case was tried before Dickinson, <7., who at the close of the testimony granted defendant’s motion for a directed verdict. Prom an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Traverse county to recover $2,140. The answer alleged that the pretended causes of action were void under the statute of frauds. The case was tried before Flaherty, J., and a jury which returned a verdict for $1,990 with interest. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $2,000 upon defendant’s benefit certificate upon the life of Shina Greenberg. The case was tried before Dickinson, J., who at the close of the testimony denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,822. From an order denying its motion for judgment notwithstanding the verdict and granting its motion for a new trial, defendant appealed.

Two actions in the district court for Houston county, one by Richard Chapel and the other by J. D. McMillan, as administrator of the' estate of Harvey Chapel. The facts are stated in the opinion. The cases were tried together before Quinn, J., who made findings and ordered judgment in each case in favor of plaintiff. ' Defendants’ motions for amended findings and conclusions of law were denied.

Upon the relation of the Western Union Telegraph Company this court granted its writ of certiorari directed to Samuel Lord, J. T. Hale and J. G. Armson, constituting the Minnesota Tax Commission, to review the proceedings of the commission in the matter of the assessment of the telegraph lines and property of relator for the purpose of taxation for the year 1915.

Upon the relation of E. L. Klemer and H. E. Klemer, doing business as Klemer Brothers, this court granted its writ of certiorari to review the action of the district court for Bice county, Childress, J., in overruling their demurrer to the petition in the matter of compensation under the Workmen’s Compensation Act for injury to Hans Wester, employee, against relators, employers.

Action in the district court for Hennepin county to recover $450 upon the promissory note of defendant H. F. Hodge. The case was tried before Molyneaux, J., who made findings and ordered judgment in favor of defendant National Manufacturing Supply Company. From an order denying her motion for a new trial, plaintiff appealed.

Upon the relation of Theophil Basting as sole surviving executor and trustee of the will of John C. Oswald, deceased, and the sole heirs at law of said decedent and sole beneficiaries of the trust created by his will, this court granted its writ of certiorari to review the action of the probate court for Hennepin county, Dahl, J., in the matter of determining the inheritance taxes upon the bequests to the beneficiaries of the trust created by testator’s will.

Action in the district- court for Dakota county for the partition of real estate of -which plaintiff was alleged to be the owner of an undivided one-sixth interest. The separate answer of defendant B. K. Ousbye alleged that about the year 1890 plaintiff sold to defendant for a valuable consideration then paid to her all her right, title and interest in the land and since that date defendant had been in the sole, open, notorious and exclusive possession of the land.

Action in the district court for Cottonwood county to recover $10,000 for personal injury received by plaintiff in the course of his employment at defendant’s request and under defendant’s directions. The facts are stated in the opinion. The case was tried before Nelson, 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.

Two actions in the district court for Blue Earth county for personal injuries received while traveling in an automobile along the public highway crossing the railroad tracks of defendant. In the action of the 'husband the comiilaint demanded judgment for $2,800 and in the action of the wife the complaint demanded judgment for $2,500.

Action in tbe district court for Dakota county to recover $3,000 for personal injury received while a passenger upon one of defendant’s freight trains. The answer alleged that plaintiff “stuck one of her feet between the automatic couplers of two of the cars of said train as they were in the act of being coupled together,” and that the injury was the result of her want of due care. The case was tried before Converse, J., and a jury which returned a verdict for $2,850.

Action in the district court for Waseca county to abate a nuisance and to restrain defendant village, its president, councilors and village recorder, from running sewage upon plaintiff’s land or upon that adjoining, and to recover $300 damages. The facts are stated in the opinion. The case was tried before Childress, J., who made findings and ordered j udgment dismissing the action. From an order denying his motion for.a new trial, plaintiff appealed.

Action in the district court for Carlton county against William G-. Dolan and James Fleming, copartners doing business as Dolan & Fleming and as Cloquet Hospital, to recover $15,000 for malpractice. 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 $2,000 against defendant Fleming.

Action in the district court for Ramsey county to recover $838.80 fees fox inspecting oil and gasolene under Laws 1909, c. 502, during the first nine months of 1914.

Action in the district court for Mahnomen county to determine adverse claims to vacant and unoccupied real estate. The answer alleged that defendant was the owner in fee of the premises. The case was tried before Grindeland, J., who found that defendant was the owner in fee of the premises upon payment by plaintiff to her of the several sums enumerated. Plaintiff’s motion for amended findings was denied.

Hpon the relation of Anton Hemza and Sophia Hemza this court granted its alternative writ of mandamus directed to the Honorable Daniel Fish, one of the judges of the district court for Hennepin county, and Joseph Cherveny, commanding the judge to settle a case in that court wherein Joseph Cherveny was plaintiff and Anton Hemza, Sophia Hemza and State Bank of Hopkins were defendants.

Action in the district court for Hennepin county to recover $20,000 for personal injury received while in the employ of defendant. The case was tried before Waite, J., and a jury which returned a verdict for $2,100. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>Covenant in lease — liability for loss from fire.</p> <p>1. A lease to an elevator company of lands belonging to a common carrier contained a covenant, which, it is claimed, relieved the carrier from liability for loss resulting from its own negligence in the performance of its duties as such common carrier, and that it consequently is void as against public policy. Held, that the covenant is independent of, and severable from, the other provisions of the contract, and conceding that it is void, it does not necessarily avoid the entire contract.</p> <p>Same — carrier’s negligence not included.</p> <p>2. A common carrier demised a grain elevator and other property to an elevator company. The lease contained a provision that the carrier should not be liable to the elevator company for loss of grain caused by fire communicated from the elevator company’s elevator or buildings to such grain while in the possession of the carrier within 100 feet of such elevator or buildings, even though a shipping receipt for the grain had been issued to the elevator company. Held, that this stipulation in the lease does not relieve the carrier from liability for loss resulting from its own negligence.</p> <p>Exclusion of evidence.</p> <p>3. The trial court’s ruling in excluding certain evidence offered by defendant in support of its counterclaim, held not error.</p>

Action of replevin in the district court for Koochiching county for $20,000, the value of the property, and $2,000 damages for its detention. The case was tried before McClenahan, J., and a jury which returned a verdict fox defendant. Plaintiff’s motion for a new trial was denied. From the judgment entered on the verdict, plaintiff appealed.

Action in tbe district court for Lake connty to set aside a mortgage executed in behalf of plaintiff to defendant and to free the mortgaged premises from the elond caused by the mortgage. The case was tried in Hennepin county before Molyneaux, J., who made findings and oxdered judgment in favor of plaintiff. Defendant’s motion for amended findings was denied. Defendant’s motion for a new trial was denied.

Action in the district court for Hennepin county. Defendant obtained an order requiring Nellie A. Wilser to show cause why she should not be made party defendant in the action and interplead therein and why she should not be restrained from further prosecution of an action brought by her against defendant in the district court for Cass county, North Dakota.

Action in the district court for Hennepin county by Elsie M. Weber, doing business as H. W. Weber & Company, to recover $4,500 damages to her premises and stock from surface water negligently diverted by defendant to and upon her land. The facts are fully stated in the opinion. The case was tried before Steele, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,089.68.

Action in the district court for Waseca county to recover $43.75. The case was tried before Childress, J., and a jury which returned a verdict for defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for AVaseca county to correct a final decree of the probate court of that county entered in the year 1908, in the estate of George TV. Bruce, husband of plaintiff’s intestate, so that the decree should conform to the terms of his will. The action was tried before Childress, J., who made findings and dismissed the action. Plaintiff’s motion to amend the findings was denied.

Action in the district court for Blue Barth county to recover $25,000 for injury received by plaintiff while a passenger upon defendant’s mixed or accommodation train and to cancel a certain release of defendant company from all claims by reason of such injuries upon the payment of $150. The case was tried before Comstock, J., and a jury which returned a verdict for $10,000. From an order denying its motion for a new trial, defendant company appealed.

Action in the district court for Waseca county to recover $3,310 for breach of agreement. The case was tried, before Childress, J., and a jury which returned a verdict for $786. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in tbe municipal court of Minneapolis to recover $320 rent for the months of January and February, 1915. The answer set up the clause in the lease which is quoted in the opinion, alleged that the building was partially destroyed by fire on December 20, 1914, and defendants’ stock of merchandise was removed from -the premises on January 30, 1915. As soon as the loss was adjusted and on that day defendants surrendered the premises because of their untenantable condition.

Action in the district court for Freeborn county against the Minneapolis & St. Louis Railroad Company and Northwestern Telephone Exchange Company to recover $15,000 for personal injury received while in the employ of defendant railroad company.

Action in the district court for Crow Wing county against defendant surety company and the sheriff of that county to recover $500. The facts are stated in the opinion. The case was tried before Wright, J., who when plaintiffs rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $450 against defendant surety company and a verdict in-favor of defendant Reid.

Action in the district court for Pine county by the administrator of the estate of John.Madden, deceased, against Northern Pacific Railway Company and Great Northern Railway Company, to recover $10,000 for the death of his intestate while in the employ of the Great Northern Railway company.

Action in the district court for Hennepin county to cancel a deed. The case was tried before Steele, J., who made findings and ordered judgment ' in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed. Affirmed.

Action in the district court for Hennepin county against Zimmer Vacuum Renovator Company, Asa Paine, W. A. Morey, A. A. Cirkler, James R. Canterbury, George B. Esterman, G. A. Partin, C. Blomstrom and John Hill to recover $2,500 upon a promissory note and a guaranty thereof. The substance of the pleadings will be found in the opinion. The case was tried before Molyneaux, J., who at the close of the testimony directed a verdict in favor of plaintiff for the amount demanded.

Upon the relation of Almond B. Clark this court granted an alternative writ of mandamus directed to the judge and clerk of the district court for Martin county, to transfer the files and records of the ease of Morrow v. Clark to the district court for Hennepin county or show cause why they had not done so. The respondents made return and moved to quash the writ.

Upon the application of relator, Walter N. Carroll, this court directed the secretary of state to show cause why he should not place the name of relator upon the ballot as a presidential elector at the coming primary election, and also as a Republican candidate to the national convention of that party.

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

In the matter of proceedings to enforce the collection of personal property taxes for the year 1913 delinquent in 1914, defendant filed an answer. The matter was heard before Cant, J., who made findings and ordered judgment against 'defendant for $107.18. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Eamsey county to recover $309.32 for wages as a member of defendant’s police department. The answer alleged that defendant acquiesced in his removal from service. The case was tried before Brill, 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 a new trial, defendant appealed.

Action in the district court for Dakota county to set aside a conveyance from Columbus Freiermuth to defendant George Freiermuth and to restrain defendant Gress, as executor of the last will and testament of Columbus Freiermuth, deceased, from selling certain notes and mortgage. The case was tried before Johnson, J., who made findings in favor of plaintiffs. From the order denying their motion for judgment notwithstanding the decision or for a new trial, defendants appealed.

' Upon the relation of the Globe Indemnity Company this court granted its writ of certiorari directed to the district court for Eamsey county and the Honorable William Louis Kelly, one of the judges thereof, to review the judgment in an action in that court under the Workmen’s Compensation Act brought by Huida Steel, Olivia Toren and Amanda Mostrom, dependent sisters of Herman Toren, deceased, against the Globe Indemnity Company and the St. Paul Gaslight Company to recover…

Upon the relation of the Crookston Lumber Company this court granted its writ of certiorari directed to the district court for Pennington county and Honorable Andrew Grindeland, one of the judges thereof, to review the judgment in an action in that court under the Workmen’s Compensation Act brought by Lewis Svendsgaard against relator to recover compensation for his injuries while in the employ of relator.

Action in the district court for Hennepin county against William Quinn, Thomas Quinn, Kate MeGannon, Mary Wall, Mary M. Hughes and Michael Malley to cancel a deed from Julia Ryan to defendant William Quinn and to decree that plaintiff and the other defendants are owners as tenants in common of the premises conveyed, and for 'an accounting by defendant William Quinn of the rents and profits.

Action in the district court for Ramsey county against John M. Heimer and Charles Kleitz to recover $500 for malicious and unlawful breaking into plaintiff’s house and carrying away therefrom 20 bushels of potatoes.

Action in the district court for Chisago county to recover $2,500 for filling up a ditch on defendant’s right of way, by reason of which plaintiff’s premises were covered with water and his crops and pastures submerged during the years 1912, 1913 and 1914, and for a perpetual injunction restraining defendant from damming up waters on its right of way and on plaintiff’s premises.

After the former appeal reported in 127 Minn. 105, 149 N. W. 3, L.R.A. 1915B, 287, the case was tried before Quinn, J., who when plaintiffs rested granted defendant’s motion to dismiss the action. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Hennepin county by plaintiff as trustee for the bondholders to foreclose the mortgage of defendant car company. The case was tried before Dickinson, J., who made findings as stated in the opinion, and ordered judgment for foreclosure. The motion of defendants Laird, Nolan and Shepley to amend the findings of fact and conclusions of law was denied. The motion of defendants Laird, Nolan, Shepley and Cass, trustee, for a new trial was denied.

Paul Doepke appealed from the decision of the county canvassing board upon the ballots cast at a special election held on June 7, 1915, in Redwood county on the question whether the sale of intoxicating liquor should be prohibited. The appeal was heard before Olsen, J., who denied the motion of contestee, A. E. King, to dismiss the appeal on the ground that the court was without jurisdiction, made findings and ordered judgment against the contestant.

Upon the relation of Edward Carmody this court granted its writ of habeas corpus directed to the warden of the state prison.

Action in the district court for Koochiching county by the attorney general to restrain defendant city and its officers from issuing licenses for the sale of intoxicating liquor. The case was tried before MeClenahan, J., who ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court for Lyon county to recover $1,000 upon defendant’s certificate of insurance upon the life of George Falk. The answer alleged that after the insured became a member he was intemperate in the use of intoxicating liquor so as to induce delirium tremens, which was the indirect cause of his death. The case was tried before Olsen, J., and a jury which returned a verdict for $839.56.

Action in the district court for Le Sueur county by the administrator of the estate of John Kennedy, deceased, to recover $7,500 for the death of his intestate while in the employ of defendant. The case was tried before Morrison, J., and a jury which returned a verdict for $1,500. 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 Itasca county to determine adverse claims to certain vacant and unoccupied land and to restrain defendants from asserting or enforcing any claim to any right, title, estate, lien or interest therein adverse to plaintiff.

The last will and testament of William A. Miller, deceased, was duly allowed by the probate court of Fillmore county, which in September, 1909, made its final decree of distribution of said estate.

Action in the district court for Hennepin county for absolute divorce and to be awarded custody and control of the children. The case was tried before Hale, J., who made findings and ordered judgment in favor of' plaintiff granting her the custody of the son. Erom an order denying his motion for amended findings and conclusions of law or for a new trial, defendant appealed.

Action in the district court for St. Louis county by Victor Rantala, against F. A. Haish, A. D. Haish and J. B. More, to restrain defendants from, selling, collecting or disposing of a certain note for $300, and from selling or foreclosing the mortgage given to secure it, and to cancel the note and mortgage and the record of the mortgage and assignment. The case was tried before Dancer, J., who made findings and ordered judgment in favor of defendants.

Action in the district court for St. Louis county to recover $5,000 for personal injury received while employed as a laborer by the Berwind Fuel Company in unloading a cargo from the hold of a steamship owned by defendant, and $290 for the cost of hospital care and the loss of wages. From an order, Dancer, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Hennepin county. Judgment for $11,602.25 was entered in favor of plaintiff. The Maryland Casualty Company, on February 4, 1915, was garnished and made its disclosure. The motion of plaintiff for judgment against the garnishee was granted, Michael, J., in the sum of $5,038. From the judgment entered pursuant to the order for judgment, the garnishee appealed.

Action for divorce in the district court for Hennepin county. The case was tried before Jelley, J., who- denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of plaintiff, and awarded the custody of the minor children to defendant. From the order denying her motion for a new trial, defendant appealed.

Action in the district court for Hennepin county by the administratrix of tlie estate of Fred A. Hade, deceased, to recover $7,500 for the death of her intestate. The defenses set up in the answer are stated at the beginning of the opinion. The case was tried before Hale, J., who, at the close of tbe testimony, denied defendant’s motion to dismiss tbe action, and a jury which returned a verdict for $4,333.

Action in tbe district court for Marshall county against Andrew Ostrand and his wife, Albert Ostrand, G. N. Morkassel and Fred Enix to enforce specific performance of a contract to convey land. The action was tried before Grindeland, J., who made findings and ordered judgment dismissing the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Blue Earth county to recover $3,348.75 for breach of contract. The case was tried before Comstock, J., and a jury which returned a verdict for $1,069.30. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to cancel plaintiff’s benefit certificate. Judgment in favor of plaintiff was entered by default. From an order, Dickson, J., granting defendant’s motion to set aside the judgment and for leave to answer, plaintiff appealed. Reversed.

Action in the district court for Ramsey county to recover $2,359 from the partners doing business as Cameron & Company and to foreclose a mechanic’s lien for the same. The case was tried before Kelly, J., who made findings and ordered judgment in favor of Scribner-Libby Company for $2,095 against defendants Cameron and decreed a foreclosure. From the judgment entered pursuant to the order for judgment, defendants Cameron and defendant Scribner-Libby Company appealed.

Action in the district court for Hennepin county to recover $1,425. The case was tried before Waite, J., who at the conclusion of the testimony granted the motion of defendant Wagner to dismiss the action as to him, and a jury which returned a verdict for $1,087.85. From an order denying his motion to amend the verdict so as to include defendant Wagner or for a new trial as to defendant Wagner, plaintiff appealed.

Action in the district court for Marshall county to recover $500 for conversion of two horses. The case was tried before Grindeland, J., and a jury which returned a verdict for $375. From an order denying their motion for a new trial, defendants appealed.

Action, in tbe municipal court of Mankato to recover $69.50 for the loss of a traveling bag and its contents. The answer alleged that plaintiff never became a guest at defendants’ hotel and that if plaintiff ever lost a traveling bag the same was lost through his negligence and not that of defendants. The case was tried before Plymat, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded.

Action in the district court for Otter Tail county to recover $99 for medical and surgical services rendered a pauper, the son of defendant. The case was tried before Parsons, J., who made findings and ordered judgment dismissing the action and reversing a judgment rendered by a justice of the peace. From an order denying his motion for a new trial, plaintiff appealed.

Action, in the district court for St. Louis county to recover a balance of $1,109.23 for building materials sold and delivered to defendant. Judgment by default. The Eire Association of Philadelphia was garnished. From an order, Hughes, J., dismissing the. garnishee proceedings, plaintiff appealed.

Action in the municipal court of Minneapolis to recover a penalty of $50 under G. S. 1913, § 2900. The facts are stated in the opinion. The case was tried before Bardwell, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Plaintiff’s motion for amended findings of fact and conclusions of law was granted. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

In the matter of the estate of Jane Hetherington, deceased, Ann Bush, George R. Hetherington, Charles L. Addison and William Addison appealed to the district court for Washington county from the order of the probate court for that county admitting to probate the will of testator. The appeal was heard before Stolberg, J., who made findings and ordered judgment reversing the order of the probate court.

Action in the district court for Hennepin county to recover $6,885 for labor and services rendered by plaintiff to defendant at its request as a broker in the sale of 27,540 acres of land. The case was tried before Molyneaux, J., who when plaintiff rested denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of plaintiff for $157.85. From an order denying his motion for a new trial, plaintiff appealed.

Action in tbe district court for Eenville county. Plaintiff’s motion for an order restraining defendants from serving upon plaintiff pendente lite a notice of cancelation of tbe contract of sale mentioned in tbe complaint under section 8081, G-. S. 1913, was granted, Paly, J. From tbe order granting tbe restraining order, defendants appealed.

Defendant moved to vacate a judgment entered against him by default in the district court for Kittson county. From an order denying the motion to vacate, Grindeland, J., defendant appealed.

Action in the district court for Ramsey county to recover $60,000 for injury received while in the employ of defendant. The substance of the pleadings is given in the first paragraph of the opinion. 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 $18,000.

Action in the district court for Becker county to determine adverse claims to vacant and unoccupied land. The separate answers of F. A. Dickson and R. L. Smith denied that plaintiff was owner in fee of the premises described and alleged that the answering defendant was such owner, and that plaintiff had no estate or interest in the same. The case was tried before Parsons, J., who made findings and ordered judgment in favor of plaintiff.

Action in tlie district court for Freeborn' county to recover $10,000 for slander. The case was tried before Kingsley, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $3,000. Defendant’s motion for judgment notwithstanding the verdict was denied, and its motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $2,000.

Action in tbe district court for Hennepin county to recover $765 upon a promissory note. The case was tried before Hale, J., who directed a verdict in favor of plaintiff for the amount demanded. From an order denying his motion for a new trial, defendant appealed.

From an order of the probate court for St. Louis county in the matter of the estate of Antoine Poupore, deceased, denying her petition for her widow’s statutory allowance of personal property of the value of $500, Adline Poupore appealed to the district court for that county. The appeal was heard by Dancer, J., who granted petitioner the sum of $300.45, and denied the motion of Peter E. Poupore and certain creditors of the estate for a new trial.

Plaintiff’s motion for a new trial was denied and it appealed to the supreme court. The case is reported in 131 Minn. 16, 154 N. W. 512. After the opinion upon the appeal was handed down, plaintiff moved for such judgment in its favor as it was entitled to upon the record. From an order, Brill, J., denying the motion, plaintiff appealed.

Action in the district court for Hennepin county for specific performance of defendant’s agreement to issue its common stock to plaintiff. From an order, Steele, J., sustaining a demurrer to the first counterclaim set out in the amended answer, defendant appealed.

Action in the municipal court of Minneapolis to recover $340. The case was tried before Charles L. Smith, J., who made findings and ordered, judgment in favor of defendant. Plaintiffs motion for amended findings was denied. Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of the Minneapolis Gas Light Company this court granted its alternative writ of certiorari directed to Samuel Lord, J. G. Armson and James T. Hale, as the Minnesota Tax Commission, to review the proceedings of that commission in the matter of the application of relator to the county board and county auditor of Hennepin county and to the.Minnesota Tax Commission for a reduction of assessed valuation of personal property.

.Action in the district court for Ramsey county to recover $2,000 upon defendant’s benefit certificate upon the life of Joseph Kanevsky. From an order, Michael, J., denying defendant's motion for an order restraining plaintiff from proceeding with the trial thereof until final judgment should have been entered in a certain other action instituted by defendant to cancel the benefit certificate of decedent, defendant appealed.

Proceedings in this court under section 357, G. S. 1913, to compel the county auditor of Wright county to accept the filing of relator as candidate for the office of clerk of the district court. Relator demurred to the answer of respondent.

Action in the district court for St. Louis county to recover $30,000 for personal injuries received while in the employ of defendant. The case was tried before Ensign, J., 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 Pipestone county to recover a balance of $836 for services in procuring a purchaser for 312 acres belonging to defendant. The case was tried before Olsen, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant's motion to amend the conclusions of law so as to direct judgment in his favor or for a new trial, was denied.

<p>Action in the district court for Martin county by copartners doing business under the firm name of C. H. Wessel Land Company to recover $400 as commission for obtaining a purchaser for defendants’ land. The case was tried before Quinn, J., and a jury which returned a verdict for the amount demanded. Defendants’ motion for a new trial was denied. From the judgment entered pursuant to the verdict, defendants appealed.</p>

Action in tlie district court for Hennepin county by an assignee to recover a balance of $1,861.79 for services and disbursements on behalf of defendant. The case was tried before Dickinson, J., and a jury which returned a verdict for $1,407.62. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county for specific performance of an agreement to execute and deliver a certain lease upon payment to defendant of $25 and the delivery of receipted bills for $100, and to restrain defendant during the term of the lease from occupying the premises described. The case was tried before Ensign, J., who made findings and ordered judgment in favor of defendant.

Upon the relation of John Mass this court issued its writ of certiorari to review the proceedings of the district court for the Eighth Judicial district, Morrison, J., in a proceeding to lay out a judicial road extending into the counties of Carver and Hennepin.

Action in the municipal court of St. Paul to recover $108 for work and labor. The case was tried before Boerner, J., who made findings' and ordered judgment for $103 in favor of plaintiff. From an order denying his motion to amend the findings or for judgment in his favor, or for a new trial, defendant appealed.

Action in the district court for Becker county to restrain defendants from entering upon the premises of plaintiff and doing any work thereon. The case was tried before Boeser, J., who made findings and ordered judgment in favor of plaintiff. Defendant’s motion for amended conclusions of law was denied. From the judgment entered pursuant to the order for judgment, defendant township appealed.

Action in the district court for Big Stone county to determine the boundary line between the lands of plaintiff and defendant. The case was tried before Flaherty, J., who made findings and ordered judgment in favor of plaintiff. Defendant’s motion to amend the findings was denied'. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Defendant was indicted by the grand jury of Nicollet county for the crime of grand larceny in the second degree, was tried before Olsen, J„ and a jury and found guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Beltrami county for conversion of logs pud for the recovery of double damages under G-. S-. 1913, § 5475, amounting to $4,187.12. The case was tried before 'Stanton, J., and a jury which answered in the negative the question whether defendant wilfully converted the logs by sawing them, into lumber and grinding them into pulp, and returned a verdict for $1,758.14. Defendant’s motion for a new trial was denied.

Upon the relation of N'iklas Galson, the district court for Hennepin county granted its writ of habeas corpus directed to Edna Galson. The matter was heard before Hale, J., who awarded the custody of the child to the relator. From that order Edna Galson appealed.

Action in the district court for Blue Barth county to recover $75. The case was tried before Comstock, J., and a jury which returned a verdict for $40. From an order denying his motion for judgment notwithstanding the verdict, defendant appealed.

Plaintiff moved the district court for Clay county to confirm an award of arbitrators and enter judgment upon the award. Defendants moved to vacate the award and for a new trial, in case the motion was denied to amend the award in specified particulars. The motions were heard before Parsons, X, who ordered amendments to two paragraphs and as modified confirmed the award. From the judgment entered pursuant to the order, defendants appealed.

Upon the relation of S. K. Bankroft the district court for Koochiching county granted its writ of habeas corpus directed to the sheriff of that county. Upon the hearing before Stanton, J., relator was discharged. From the order discharging the relator, respondent sheriff appealed.

Upon the relation of Patrick Sheehan this court granted its writ of habeas corpus directed to the warden of the state prison. Theodore W. Thomson, for relator.

Action in the district court for Waseca county against the Minneapolis & St. Louis Railroad Company and the National Surety Company to recover $25,000 for defamation.

Action in the district court for Dodge county. Prom an order, Childress, L, denying his motion for an order vacating the summons, complaint, affidavit in replevin and all other files in the action on the ground that the action was prohibited by law and would not lie under the allegations set forth in the affidavit and complaint, defendant appealed.

After the former appeal reported in 130 Minn. 480, 153 N. W. 879, judgment was entered in the district court for Chippewa county pursuant to the order for judgment, Qvale, J. From the judgment so entered, relator appealed.

<p>Motion to remand.</p> <p>Motion granted to remand to district court to enable appellant to renew his motion for a new trial on the ground of newly -discovered evidence arising since the appeal. Kroning v. St. Paul City Ry. Co. 96 Minn. 128, 104 N. W. 888, followed. If the motion is granted by the district court the remand will be absolute. If denied, the proceedings will be certified to this court as a part of the return. [Reporter.]</p>

Action in the municipal court of Minneapolis to recover $500 for breach of £ contract to install a heating plant in a certain building. 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 defendant. From an order denying his motion for a new trial, plaintiff appealed.

Upon the relation of the St. Paul Gas Light Company this court granted its alternative writ of certiorari directed to 'Samuel Lord, J. G. Armson and J. T. Hale, as the Minnesota Tax Commission, to review the proceedings of that commission in the matter of the application of relator to the county board and county auditor of Ramsey county and to the Minnesota Tax Commission for a reduction of assessed valuation of personal property.

Action in the district court for Marshall county. Plaintiff dismissed the action without prejudice. From the taxation of costs by the clerk, plaintiff appealed to the court. The taxation was affirmed except in respect to one item and judgment directed in favor of -defendant therefor. From the order sustained the taxation of costs, Grindeland, J., plaintiff -appealed.