Volume 133 — Minnesota Reports

Action in the district court for Hennepin county to restrain defendant from erecting upon Ms premises a “duplex” or any other kind of improvement than what is provided in the building restrictions in the deed of conveyance to defendant. The case was tried before Steele, J., who made findings and ordered judgment in favor of plaintiff. Defendant’s motion for an additional finding was granted. From an order denying Ms motion for a new trial, defendant appealed-

Action in the district court for Ramsey county. Defendant appeared specially and obtained an order directing plaintiff to show cause why defendant’s motion to vacate the service of the summons should not be granted. From an order denying its motion to vacate the service of summons, Michael, J., defendant appealed.

Action in the district court for Beltrami county to set aside the map of definite location of defendant railroad through plaintiffs homestead, claim, to declare defendant company trustee of the title to the land and to require a conveyance of the title to plaintiff. From an order sustaining a demurrer to the complaint, plaintiff appealed.

Rudolph Malchow:petitioned the probate court for Jackson county to admit to probate the last will and testament of Friedrich Malchow, deceased. Annie Timm, an heir at law and daughter of decedent, filed objections to the validity of the will. From the order of the probate court admitting the will to probate, Annie Timm appealed to the district court for that county.

Action in the district court for Nobles county to recover $3,250 for assault and battery. The case was tried before Nelson, J., and a jury which returned a verdict for $1,250. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county against defendant Bofferding and the Appleton Manufacturing Company to recover $30,750 for personal injury received while in the employ of defendant Bofferding. The case was tried before Fish, J. who when plaintiff rested granted separate motions of defendants to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

<p>Action in the district court for Ramsey county. Plaintiff appealed from the overruling of his objections to defendant’s bill of costs and on appeal the taxation by the clerk was sustained, Hanft, J. From the judgment entered pursuant to the order for judgment, plaintiff appealed.</p>

Action in the district court for Polk county to recover $3,790. The facts are stated in the opinion. The ease was tried before Watts, J., and a jury which returned the special verdicts mentioned in the opinion and a general verdict in favor of plaintiff for $102.50. Plaintiff’s motion for judgment for $2,102.50 notwithstanding the general verdict was denied. Prom the judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Lyon county by the administratrix of the estate of George Falk, deceased, to recover $7,500 for the death of her intestate. The ease was tried before Olsen, J., and a jury which returned a verdict for $700. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

• Action in the district court for Bice county to recover $2,000 for being ejected from defendant’s train.

Action for partition in the district .court for Hennepin county. The case was tried before Fish, J. who made findings in favor of plaintiffs and appointed referees to make the partition. Plaintiff’s motion for amended findings was denied and the report of the majority of the referees was confirmed and ratified and judgment rendered in accordance therewith. Defendant’s motion to strike from the files an affidavit of H. Y. Mercer was denied.

Action in the district court for Martin county to recover $59,555.03 against defendants Equitable Surety Company and Charles Turnell, and that the amounts owing from these parties to the other defendants be ascertained, in connection with the work upon a public ditch in the counties of Martin and Faribault designated as Judicial Ditch No. 14, and that they have judgment against these two defendants. The facts are stated in the opinion.

Action in the district court for Jackson county for breach of contract. The case was tried before Quinn, J., who when plaintiffs rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $700. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, in case the verdict was reduced to $570.80, defendant appealed.

Action in the municipal court of St. Paúl to recover $109.50. Prom an order, Boemer, J., granting defendant’s motion to vacate the judgment entered by default and granting defendant the right to a trial on the merits, plaintiff appealed.

Upon the relation of Fred J. Fischer this court granted its alternative writ of mandamus, directed to John A. Berg, as county auditor of Wright county, requiring him to accept relator’s petition and file and place his name on the official primary ballot of Wright county as a candidate for the office of county treasurer at the primary election to be held in June, 1916, or show cause why he had not done so.

Action in the district court for Hennepin county to recover $23,980 for services in making sale of defendants’ lands. The substance of the complaint is stated at the beginning of the opinion. The case was tried before Dickinson, J., who. made findings and ordered judgment in favor of defendants. From an order denying bis motions for additional findings and amended findings or for a new trial, plaintiff appealed.

Action in the district court for Lyon county to recover $7,500 for personal injury received by plaintiff minor while in the employ of defendant.

Action in the district court for Brown county to recover $500 and to restrain defendant from obstructing the natural flow of surface water. The case was tried before Olsen, J., who when plaintiff rested denied defendant’s motion to dismiss the action, made findings and ordered judgment restraining defendant from obstructing the flow of water and in favor of plaintiff for $24 damages.

Action in the district court fox Hennepin county to recover $6,250 upon a promissory note.

Defendant moved the district court for Hennepin county to amend the findings of fact, conclusions of law and order for judgment, and modify the judgment and decree by adding to the conclusions of law, on the ground that the addition, through inadvertence and mistake, was omitted from the findings of fact, conclusions of law and order for judgment and from the decree, and that it was the intention of the court to insert the provisions in its findings of fact, conclusions of…

Action, in the district court for Roseau county against James Forrestal and Nicholas Eeyen and Bankers Surety Company to recover $203.80 upon the bond of defendants to the state of Minnesota, acting through the state drainage commission, for the performance of their contract to construct the ditch known as State Ditch No. 69.

Action in the district court for Ramsey county to recover $224.89, overpayments to defendant upon 14 carloads of coal transported by defendant over its railroad from Duluth to Hitterdal. The substance of the defense is contained in the first paragraph of the opinion. Plaintiff’s demurrer to the answer was sustained, Hanft, J. From the judgment entered pursuant to the order for judgment, defendant appealed.

Hpon the relation of Michael Megnella the district court for St. Louis county granted its writ of habeas corpus directed to John E. Meining as sheriff of that county. The facts are stated in the opinion. The matter was heard before Fesler, J., who remanded relator to the custody of the sheriff. From the order of remand, relator appealed.

Action in the district court for Ramsey county by the administratrix of the estate of TJel L. Hurley, deceased, to recover $30,000 for the death of her interstate while in the employ of defendant. The case was tried before Hanft, 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 Ramsey county to recover $10,000 for injury received by plaintiff minor while upon the premises of defendants. The answer set up a settlement between the parties made under the provisions of the Workmen’s Compensation Act. The case was tried before Brill, J., who granted defendant’s motion to dismiss the action. From the order denying his motion for a new trial, plaintiff appealed.

Proceeding in the district court for Cottonwood county in the matter of Judicial Ditch No. 10. The court confirmed the report of the engineer and assessed the benefits and damages from the proposed work. E. C. Asquith and others made separate demands for a jury trial to determine the amount of their respective benefits.

Action in the district court for Le Sueur county by the administrator of the estate of John Svejda, Senior. From an order, Morrison, J., vacating a judgment entered by default, plaintiff appealed.

In the matter of the estate of Francis Edward Ward, deceased, William J. Stevenson, Assistant Attorney General, in charge of inheritance tax matters, made findings as to the amount of inheritance tax payable from the estate of said decedent. Griffith Chadwick, as executor of the estate of said decedent, Christina L. Ward, in her own behalf and as guardian of the minor children, appealed to the district court for Ramsey county from the decision.

Hpon the relation of Herman L. Benz, Walter W. Eogers and Herbert V. Eogers, as executors and trustees of the estate of John E. Eogers, deceased, the district court for Hennepin county granted its writ of certiorari directed to the probate court of Hennepin county and the Honorable John A. Dahl, the judge thereof, to review the proceedings in the probate court in reference to the petition of Mae E. Eogers, widow of said decedent, directing the executors to pay her the sum of…

Action in the district court for Goodhue county to restrain defendant from building any fences or other obstructions in a certain road and to abate a nuisance. The case was tried before Johnson, J., who made findings and ordered judgment in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Dakota county against the Chicago Great Western Railway Company, Minnesota Transfer Bailway Company and the Minneapolis, St. Paul & Sault Ste. Marie Railway Company. The action was subsequently dismissed against the last named company. The case was tried before Johnson, J., and a jury which returned a verdict against defendant transfer company for $275.

Action in the district court lor St. Louis county to recover $4,225 for personal injury received from the fall upon a sidewalk in defendant city. The case was tried before Ensign, 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.

Action in the district court for Hennepin county by copartners doing business as Stair, Christensen & Timerman to recover $5,000 upon á promissory note. The answer denied that the note was executed for a valuable consideration and alleged that prior to the commencement of the action plaintiffs for a valuable consideration discharged and released all demands which they claimed to have against defendant on account of any matter whatever, including the note in action.

<p>Action in the district court for Renville county against F. W. Orth, R. B. Henton and H. S. Comer, as partners doing business under the firm name of Morton Milling Company, to recover $180 for publishing their advertisement in plaintiffs trade journal known as “The Northwestern Miller.” The case was tried before Qvale, J., and a jury which returned a verdict in favor of defendants Orth and Henton. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.</p>

Action in the district court for Ramsey county by plaintiff minor to recovered $15,000 for personal injury received in 1912 when plaintiff minor was about 5j4 years of age. The case was tried before Michael, J., who when plaintiff rested granted defendant’s motion to direct a verdict for it upon the ground that plaintiff had wholly failed to prove the allegations of his complaint. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to set aside a decree of divorce in an action whereinv defendant in this action was plaintiff and plaintiff in this action was defendant. From an. order sustaining defendant’s demurrer to the complaint, Steele, J., plaintiff appealed.

Action in the district court for Hennepin county to determine adverse claims to certain vacant and unoccupied real estate. The case was tried before Dickinson, J., who made findings and ordered judgment in favor of defendant Augustus L. Crocker. Plaintiff’s motion for amended findings and conclusions of law was granted to the extent that plaintiff was given a lien upon each of the lots described for the amount specified in the findings.

Action in the municipal court of St. Paul to recover $335 for the death of plaintiffs horse caused by negligent operation of one of defendant’s street cars. The case was tried before Boernex, J., and a jury which returned a verdict for the amount demanded. From an order denying its motion for a new trial, defendant ajipealed.

Action in the municipal court of St. Paul by the father of plaintiff minor to recover $500 for assault and battery committed by defendant’s agent. The case was tried before Finehout, J., and a jury which returned a verdict for $200. From an order denying its motion for a new trial, defendant appealed.

Upon the relation of Erie Olson and Charles Freberg the district court for Martin county granted its alternative writ of mandamus, directed to the members of the town board of the township of Lake Eremont, commanding the board immediately to repair and place in suitable and passable condition for the use of the general traveling public the public roads and parts of roads described therein, or show cause why they had not done so.

Action in the district court for Martin county to recover $300 upon a promissory note. The case was tried before Nelson, J., and a jury which returned a verdict for $78. From an order denying its motion for judgment notwithstanding the verdict and granting its motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $590 upon a promissory note and unpaid coupons. Plaintiff’s motion to strike out the answer of defendants as irrelevant and frivolous and for judgment on the pleadings was granted by Dickinson, J. From the order and judgment entered pursuant to the order for judgment, defendants 'appealed.

Upon, the relation of W. A. Anderson and A. G. Anderson, partners as Anderson Brothers, the district court for Brown county granted its writ of certiorari, directed to the judge of the probate court of that county and the administratrix of the estate of Joseph Bamsbacher, deceased, to review the action of the probate court in denying relators’ motion to file their claim against the estate. The matter was heard before Olsen, J., who affirmed the order of the probate court.

Upon' the relation of the Tri-State Telephone & Telegraph Company, the district court for Eamsey county granted its alternative writ of man-damns commanding Julius A. Schmahl, as secretary of the state of Minnesota, to accept and file the affidavit presented by the relator upon the payment of the sum of $1,920 and to issue to relator the usual certificate under the statute according to the rules of his office, or show cause why he had not done so.

Upon the relation of E. A. Stortroen the district court for Otter Tail county granted its alternative writ of mandamus commanding William Lincoln, as county auditor of that county, to execute and deliver to relator a warrant on the county treasurer for the payment of his salary as county treasurer aud indebtedness of $1,750, in accordance with Laws 1905, c. 292, and a warrant on the county treasurer for the payment of salary and ipdebtedness of $5,600 in accordance with that…

Defendant was indicted by the grand jury of the crime of carnal knowledge of a female child, tried in the district court for Hennepin county before Jelley, J., who at the close of the testimony denied defendant’s motion to dismiss the prosecution, and a jury tvhich returned a verdict of guilty as charged in the indictment. ■ From an order denying his motion for a new trial, defendant appealed.

The last will and testament of Joseph M. Wenger, deceased, was presented to the' probate court for Wilkin county and admitted to probate. From the final decree in that estate, Julia Wenger Hutchins and William J. Wenger appealed to the district court for that county. Joseph F. Wenger, Jr., and Frederick O. Hammer, as executors of the will, contested the appeal. The appeal was heard before Flaherty, J., who ordered judgment in favor of respondents.

Action in the district court for St. Louis county to recover $10,000 for personal injury received while in the employ of defendant. The case was tried before Stolberg, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict in favor of plaintiff for the amount demanded. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied.

Action in replevin in the district court for Hennepin county or for $1,500, the value of the property. The action .was tried before Hale, J., who made findings and ordered judgment in favor of defendant Krieg. Plaintiff’s motion for modified and additional findings and conclusions was denied. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Roseau county to recover $196.78 for conversion of goods shipped by defendant carrier.

Action in the district court for Ramsey county by the administratrix of the estate of Charles E. Thompson, deceased, to recover $30,000 for the death of her intestate 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 $9,500. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied.

Action in the district court for Hennepin county to recover $7,500. From an order sustaining defendant’s demurrer to the amended complaint on the ground that plaintiff had not legal capacity to sue and that the facts stated did not constitute a cause of action, Steele, J., plaintiff appealed.

Action in the district court for Hennepin county to recover $10,000 for personal injury received in passing from defendant’s bouse to the street and $500 for expenses incurred.

Action in the district court for Swift county against four insurance companies, to adjudge the proportionate liability of each defendant under its policy of fire insurance.

Action in the district court for Hennepin county to recover $5,000 upon defendant’s policy of insurance upon the life of Francis W. Hickey, plaintiff’s son. The answer alleged that Francis W. Hickey did not die as a result of the injuries mentioned in the complaint. 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 the amount demanded.

Action in partition in the district court for Le Sueur county. The facts are stated in the opinion. The case was tried before Morrison, J., who made findings, ordered judgment in favor of plaintiff, and appointed referees to make the partition. Additional findings were made upon the motion of defendant and intervener. The motion of defendant and intervener for a new trial was denied. The report of the referees was approved and judgment in accordance therewith entered.

Upon the relation of the Ford Motor Company this conrt granted its writ of certiorari to review the action of the district conrt for Hennepin county Steele, J., in the matter of a proceeding instituted by the city of Minneapolis and commonly known as “Special Street Acquisition No. 132.”

Action in the district court for Hennepin county to recover $1,600 upon the instrument quoted in the opinion. The defense set up in the answer is stated in the opinion. The case was tried before Steele, J., who at the close of the trial denied separate motions for directed verdicts, and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for judgment notwithstanding the verdict was granted.

Action in the district court for Eamsey county to recover possession of premises occupied by defendants and $900 damages for their detention, and the rents and profits thereof until entry of final judgment. From an order, Hanft, J., sustaining the demurrer of defendants, plaintiff appealed.

Action in the district court for St. Louis county to recover $560 upon defendant’s accident insurance policy. The case was tried before Ensign, J., 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 municipal court of Minneapolis by plaintiff, sole trader as Athens Hosiery Mills, to recover $283.12 for goods, wares and merchandise sold and delivered to, defendant. The defense set up in the answer is stated in third paragraph of the opinion.

Action in the district court for Hennepin county against Samuel S. Thorpe, Louie D. Richardson, William H. Taylor, Samuel C. Confer, Richardson-Kellett Company and Richardson-Kellett Land Company, to recover $105,266. From an order, Steele, J., sustaining the demurrer of defendants Thorpe, Richardson and Confer to the complaint, plaintiff appealed.

Action in the district court for Hennepin county to recover $466.66 for failure to forward or ■ deliver plaintiff’s telegraph message from Pipestone to Minneapolis. From an order, Fish, J., sustaining plaintiff’s demurrer to defendant’s second defense (stated in the first paragraph of the opinion), defendant appealed.

Action in the district court for Lyon county by the administratrix of the estate of Thomas Eoach, deceased, to recover $60,000 for the death of her intestate while in the employ of defendant in interstate commerce. The case was tried before Olsen, J., and a jury which returned a verdict for $17,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Big Stone county to recover possession of certain premises and $960 damages for their detention. The answer set up substantially the facts stated in the first paragraph of the opinion. The case was tried before Flaherty, J., who made findings that plaintiff was estopped from asserting title or right of possession to the land in controversy and ordered judgment in favor of defendants. Plaintiff’s motion for amended findings was denied.

Upon the ralation of Carl Hubert Varchmin this court, granted its writ of certiorari .to review the judgment of the district court for Ramsey county, entered pursuant to the order of Dickson, J., upon an application by relator to enforce payment of compensation by the MeMurray Company, as employer, under the Workmen’s Compensation Act, for the death of Charles J. Yarchmin, its employee.

Action in the district court for Waseca county against the Chicago & Northwestern Railway Company and R. M. Dixon to recover $292.65. The facts are stated in the opinion. The ease was tried before Childress, J., who made findings and dismissed the action as to defendant Dixon. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Pine county to recover $600 upon a town order drawn upon the treasurer, of defendant. The defense set up in the answer is stated in the first paragraph of the opinion. The case was tried before Stolberg, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded.

Action in the district court for Mower county to recover $2,346.80 from defendant as surety upon the official bond of George Robertson, county auditor of that county during the years 1911 and 1912. The motion of defendant that plaintiff make its complaint more definite and certain in the particular specified in the motion papers was denied. From an order overruling its demurrer to the complaint, Kingsley, J., defendant appealed.

In the matter of the estate of Catherine Myler, deceased, W. D. Kelly, as executor of the last will and testament of testatrix, presented his final account to the probate court for Ramsey county for allowance. Daniel O. Kennedy, representative of the estate, and Mary Kennedy, sole heir at law of decedent, appealed to the district court for that county from the order allowing the account.

Action in the district court for Bamsey county to recover $5,000 from defendant, doing business as Mary T. Goldman Company. The substance of the complaint and answer is stated in the opinion. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict for $400. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to enjoin defendant from using a certain passway upon plaintiffs premises for the purpose of carrying goods, wares and merchandise therein.

Action in the district court for Blue Earth county, against the representative of the estate of Bridget Riley, deceased, to recover $791.80 upon a promissory note. In its answer defendant alleged that it appeared upon the face of the note that more than six years had elapsed since the note fell due and pleaded the statute of limitations, and also alleged that the note was fully paid.

Action in the district court for Hennepin county against defendant corporation, Edward L. Lampman and Michael G. Davy, to recover $22,400 for personal injury received while a passenger upon defendant’s train. The answer alleged that the injury to plaintiff was caused by his want of due care. The case was t^ied before Steele, 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 municipal court of Minneapolis upon five causes of action to recover $500 and a penalty of $25 under G-. S. 1913, §§ 4314, 4315 and 4316 on each cause of action. The case was tried before Bardwell, J., and a jury which returned a verdict for $184.63 upon the third cause of action, and $168.07 upon the fifth cause of action.

Action in the district court for Ramsey county to recover $110. The facts are stated in the opinion. The case' was tried before Dickson, J., who denied defendant’s motion for judgment on the pleadings, made findings and ordered judgment for $71.76 against -defendant. From an order denying its motion to amend the findings and grant judgment for defendant or for a new trial, defendant appealed.

Action in the district court for St. Louis county by the administrator of the estate of Jacob William Maijala, deceased, to recover $7,500 for the death of his intestate while in the employ of defendant. The case was tried before Fesler, J., who at the close of the testimony denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,500.

Action of replevin in the district court fox Mower county by the co-partners doing business as the Griffith-MeMurray Company against the copartners doing business under the firm name of James Dowd & Son.

Action in the district court for Hennepin county to recover a balance of $473.50 upon a contract. The answer alleged that plaintiff owed defendant the sum of $655.11 and prayed for judgment for that amount. The case was tried before Hale, J., who made findings and ordered judgment in favor of the plaintiff for the amount demanded. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Scott county to recover $293 for legal services. The case was tried before Morrison, J., and a'jury which returned a verdict for $44.55 in favor of plaintiff. From an order denying his motion for a new trial, plaintiff appealed.

Two actions in the district court for St. Louis county, to recover upon policies of fire insurance. The answers alleged that the policies became void by reason of a sale of the property insured, without the knowledge or consent of defendants. The reply specifically denied the sale and conveyance of the property, alleged that transaction in question was a mortgage to secure payment of plaintiff’s indebtedness and did not increase the risk.

Action in the district court for Ramsey county to recover $434.66 upon a judgment against defendant entered in the state of North Dakota. John P. Galbraith and Northwestern Jobbers Credit Bureau were garnisheed and made disclosures. Plaintiff’s motion to file a supplemental complaint and make J. P. Galbraith and Northwestern Jobbers Credit Bureau parties to the action was denied, Kelly, J. From the order denying the motion, plaintiff appealed.

Action in the district court for Le Sueur county. From an order, Morrison, J., striking out the answer of defendant as false and sham, defendant appealed.

Action in the district court for Winona county to recover $5,391.53 upon defendant’s bond as surety for Prinz & Carlson for the performance of their contract with the county of Winona for the construction of State Rural Highway No. 3.

Action in the district court for Koochiching county to recover $808.10 for legal services and expenses. The answer admitted that plaintiff rendered services of the value alleged in the complaint, but alleged that they were rendered in a criminal prosecution, and specificially denied that plaintiff was ever employed by defendant. The casé was tried before Stanton, J., who made findings and ordered judgment against defendant for the amount demanded.

Action in the district court for Hennepin county to recover $5,000 for personal injury received when defendant’s automobile knocked plaintiff down. The answer alleged that whatever injuries plaintiff received were caused by his own negligence. The case was tried before Hale, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Actiou in the district court for Blue Earth county against defendant corporation, W. Terry and George Wells, to recover $15,550 for personal injury received while a passenger, upon defendant’s train. The case was tried before Comstock, J., and a jury which returned a verdict for $5,180. From an order denying defendant’s motion for a new trial, it appealed.

Action in the district court for St. Louis county by the partners doing business as Macleod & Smith to recover $733.66 upon defendant’s bond as surety for the Avery Steel & Iron Company. The answer alleged that, at the time when the Avery Company was claimed by plaintiffs to be in default, plaintiffs made payments to it in violation of the terms of the contract and without the knowledge or consent of defendant, and thereby the conditions of defendant’s bond were violated.

Action in the district court for Mower county by the administrator of the estate of Henry Dykstra, deceased, to recover $7,500 for the death of his intestate while in the employ of defendant. The case was tried before Quinn, 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 Hennepin county to recover $433.59 upon two promissory notes. The case was tried before Dickinson, J., who made findings and ordered judgment for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Rice county to recover $10,350 for personal injury received while a.passenger upon defendant’s train. The case was tried before Childress, J., and a jury which returned a verdict for $3,000. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Eice county to recover $25,200 for personal injury received-while a passenger upon defendant’s train. The case was tried before Childress, J., and a jury which returned a verdict for $5,500. From an order denying its motion for a new trial, defendant appealed.

Two actions in the district court for Hennepin county to recover for personal injury to Mary McNab, tbe one in which she was-plaintiff to recover $10,000, and the one in which David McNab, her husband, was plaintiff to recover $3,500. The cases were tried together before Hale, J., who when plaintiffs rested denied defendant’s motion to dismiss the actions, and a jury which returned a verdict of $500 in favor of Mary McNab and one of $1,750 in favor of David McNab.

Three actions of replevin in the district court for Brown county by Edward E. Berkner and Alfred A. Berkner, copartners as Berkner Brothers, one action against Dudley G. D’Evelyn, another against William Schmitt and the third against Martin Sherman. After the death of Dudley G. D’Evelyn, his adminstrator, James Lewis, was substituted in his place as defendant. After the death of William Schmitt, his administrator, Nicklas Schmitt, was substituted in his place as defendant.

Aetion in the district court for Washington county to restrain defendants from maintaining fences across the easterly 15 feet of lot A in East Shore Park and from interfering with the lawful use of an easement thereon for a foot and bicycle path, and to restore the path to substantially the same condition in which it existed prior to the excavation of the same. The case was tried before Stolberg, J., who made findings and ordered judgment in favor of plaintiff.

In proceedings in the district court for St. Louis county to enforce payment of taxes on real estate remaining delinquent on the first Monday in January, 1915, the Board of Education of the city of Duluth interposed its separate answer with respect to a certain parcel of land occupied by the Lester Park school. The facts were stipulated.

Action in the district court for Hennepin county to recover $50,000 for personal injury received while a passenger upon defendant’s street ear. The case was tried before Jelley, J., and a jury which returned a verdict in favor of defendant. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,000 for injury to defendant’s trees, grass and other plants caused by the escape of gas. The case was tried before Leary, J., and a jury which returned a verdict in favor of defendant. Prom an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Blue Earth county against defendant corporation and William Brossard to recover $30,000 for personal injuries. The answer alleged that by the shipping contract of defendant company it was agreed that in case of any injury to the owner or person in charge of stock shipped over its road defendant company should not be liable in any amount exceeding $500.

Action in the district court for Hennepin county against the copartners doing business under the firm name of Ballweber & Edgerton to recover a balance of $796.12 for services in selling certain land. The case was tried before Molyneaux, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and a jury which returned a verdict for $1,021.02. From an order denying their motion for a new trial, defendants appealed.

Upon the relation of the London & Lancashire Guarantee & Accident Company of Canada this court granted its writ of certiorari directed to the district court of Hennepin county and the Honorable William C. Leary, one of the judges thereof, to review a judgment entered in proceedings under the Workmen’s Compensation Act by Minnie C. Enstad, as administratrix of the estate of Charles P. Enstad, deceased, employee, and the Chamber of Commerce of Minneapolis, employer, and Marie…

Action in the district court for St. Louis county to recover $2,500. From an order overruling its demurrer to the complaint, Cant, J., defendant appealed.

Action in the district court for Washington county upon defendant’s benefit certificate to recover $1,000 for permanent disability. The answer set up the statute of limitations as stated in the opinion.

From an order of the railroad and warehouse commission of the state of Minnesota adopting rules for fixing percentage relations to govern in making joint freight rates, under Laws 1913, p. 486, c. 344, James Hall, a shipper, appealed to the district court for Lyon county. Thereafter the court allowed Atlas Elevator Company and G. W. Yan Dusen & Company to come into the case as interveners.

The final account of O. E. Knisely, administrator of the estate of Antoine Poupore, deceased, was disallowed and a new account settled and allowed in the probate court of St. Louis county. From the order disallowing the account, the administrator appealed to the district court for that county. The appeal was heard before Dancer, J., who modified the order of the probate court.

Two actions in the district court for Aitkin county, one to restrain defendant as sheriff of that county from conducting an execution sale and to recover $2,500, the value of the personal property levied upon, the other to recover a balance of $380 for the food and care of 10 horses for 45 days. The cases were tried together before Wright, J., and a jury which returned verdicts as stated in the opinion.

Defendant was indicted by the grand jury for the crime of an attempt to commit rape, tried in the district court for Blue Earth county before Quinn, J., acting in the place of the judge of the Sixth judicial district, and found not guilty of the crime of an attempt to commit rape, but guilty of assault in the second degree. From the order denying his motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $3,722.21?' upon defendants’ bond to secure performance of a building contract. The defense is stated in the opinion. The case was tried before Cant, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. A motion of defendant company to amend the findings was granted in part and denied in part. From an order denying its motion for a new trial, defendant company appealed.

Action, in the district court for Ramsey county to recover $3,000 upon plaintiff’s benefit certificate in defendant’s relief department. The answer set up the defense mentioned in the opinion. Defendant also filed its supplemental answer alleging that plaintiff had begun an action against defendant in the district court of the same county. The case was tried before Hanft, J., who' granted plaintiff’s motion to direct a verdict in favor of plaintiff for the amount demanded.

Upon the relation of the Casualty Company of America, this court granted its writ of certiorari to review the judgment entered in the district court for Blue Earth county pursuant to the order of Comstock, J., in the matter of the claim of Carl Carlson, employee, against the Casualty Company of America and William O. Eraser, employer.

Action in the district court for Rice county to recover $3,000 foi breach of contract. The defendant in its answer specifically denied that defendant agreed to build or maintain a station upon plaintiffs land for the receipt and discharge of freight and passengers. 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 $1,200.

Action in the district court for Scott county by Walter N. Southwortli and F. J. Leonard to recover $10,000 for services as attorneys and counselors at law. The case was tried before Morrison, J., and a jury which returned a verdict in favor of defendant. From the order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Stevens county against Rasmus Larson and Spooner Investment Company to recover $4,000. The case was tried before Flaherty, J., who made findings and ordered judgment in favor of defendants. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of Malvina Hayden this court granted its writ of certiorari to review the judgment entered pursuant to the order of Eesler, J., in the district court for St. Louis county in a proceeding instituted by relator for compensation for the death of Harry W. Hayden, employee, against the Great Northern Power Company, employer.

Action in the district court of Hennepin county to determine adverse claims to certain premises. The case was tried before Fish, J., who made findings and ordered judgment for plaintiff. The motion of defendant Mary Ann Gorman Murphy for a new trial as to her was denied. From the judgment entered pursuant to the order for judgment, Mary Ann Gorman Murphy appealed.

After the former appeal, in which judgment for defendant notwithstanding the verdict was ordered, defendant moved to vacate the judgment in favor of plaintiff entered pursuant to the verdict, and to enter judgment in favor of defendant. The motion was granted, Childress, J. From the judgment entered in favor of defendant, pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Ramsey county against John H. Johnson and C. W. Strom, doing business under the firm name of John H. Johnson & Company, to recover $2,186.37.

Action in the district court for Norman county to set aside a judgment against plaintiff and an execution sale of premises upon which the judgment was levied, and for an accounting of the rents and the profits of the property so sold. The case was tried before G-rindeland, J., who made findings and ordered judgment in favor of defendants. Prom' an order denying her motion for a new trial, plaintiff appealed.

After the former appeal reported in 130 Minn. 260, 153 N. W. 516, the case was tried before Olin B. Lewis, J., and a jury which returned a verdict for $1,800. 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 by the partners doing business as John Colbroth & Company to recover $550.for conversion of a team of horses. The case was tried before Ensign, J., who directed a verdict for $50 in favor of defendant. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Stearns county against the city of St. Cloud and Elizabeth Ashworth to recover $5,600 for personal injury received in a fall upon an icy sidewalk in front of premises owned by defendant Ashworth.

In proceedings in the district court for St. Louis county to enforce payment of taxes'on real estate remaining delinquent on the first Monday in January, 1915, the board of education of the city of Duluth interposed its separate answer with respect to a certain parcel of land occupied by the Fond du Lac school. The facts were stipulated.

Action in the district court for St. Louis county to recover $1,500 for changing a street grade in front of defendant’s lots hy which they were left about 25 feet above the grade of the street. The case was tried before Ensign, 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.