Volume 134 — Minnesota Reports

Action in the district court for Dakota county to recover $874.97. The Hansboro State Bank of Hansboro, North Dakota, filed its complaint in intervention. The case was tried before Johnson, J., who when plaintiff rested denied defendant’s motion to dismiss the action as to the bank, and'at the close of the testimony granted plaintiff’s motion for a directed verdict. From the order denying its motion for a new trial, defendant appealed.

After the decision in the former appeal reported in 130 Minn. 222, 153 N. W. 607, the case was tried before Converse, J., who granted the motion of defendants to dismiss the action on the ground that plaintiff had failed to establish any cause of action against them. From the order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Norman county to recover $1,500. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of plaintiff 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 St. Louis county for an accounting of the amount due from plaintiff to defendant at the time of the tender referred to in the opinion, for specific performance of defendant’s agreement with plaintiff, and upon payment of the balance due for cancelation of the agreement so far as the same constituted the security for payment, and to enjoin the prosecution of an action in the municipal court of Duluth against plaintiff.

Upon the relation of Julius Anseth this court granted its writ of certiorari to review the action of the district court for Koochiching county, McClenahan, J., in proceedings under the Workmen’s Compensation Act by John B. Tubbs, employee, against Julius Anseth, employer.

Upon the relation of A. A. Anderson this court granted its writ of cerMorari to review the judgment of the district court for Winona county, Granger, <7., in proceedings under the Workmen’s Compensation Act by relator, employee, against the Bay State Milling Company, employer.

Upon the relation of the city of Duluth this court granted its writ of certiorari to review a judgment of the district court for St. Louis county, Fesler, J., in proceedings under the Workmen’s Compensation Act brought by the dependent parents of Neil Mooney, employee, against the city of Duluth, employer.

Upon the relation of the city of Duluth this court granted its writ of certiorari to review the judgment of the district court for St. Louis county, Dancer, L, in proceedings under the Workmen’s Compensation Act brought by Dorothea S. P. Granzow, wife of decedent employee, against the city of Duluth, employer.

Action in tlie district court for Steele county by the administrator of the estate of Patrick Darrington, deceased, to recover $2,990 for the death of his intestate. The case was tried before Childress, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict in favor of defendant. From an order granting plaintiff’s motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury for the crime of larceny.as defined in Laws 1915, p. 138, c. 105. Defendant’s demurrer to the indictment was overruled in the district court for Hennepin county, Steele, J., who certified the question involved to this court.

Action in the district court for Hennepin county to compel defendant bank to deliver the deed and mortgage referred to in the first paragraph of the opinion. The case was tried before Fish, J., who made findings directing the bank to deliver the papers to plaintiff and ordered judgment against defendants Hemza for the sum of $1,700. From the judgment entered pursuant to the order for judgment, defendants Hemza appealed.

Action in the district court for Goodhue county against the members of the town board of the town of Hay Creek to recover $335.60. The facts are stated in the opinion. From an order sustaining the demurrer of defendants to the complaint, Johnson, J., plaintiffs appealed.

Action in the district court for Hennepin county to recover $150 upon three checks issued in the name of defendant. The answer alleged that the person who drew the cheeks was discharged from the employ of defendant and on the same day he duly notified the bank on which the checks were drawn of said discharge, and notified the bank not to cash checks issued on behalf of defendant.

Action in the municipal court of Minneapolis to recover $375. The substance of the pleadings will be found in the opinion. The case was tried before Charles L. Smith, J., who made findings and ordered judgment in favor of plaintiff; for the amount demanded. From an order denying his motion for amended findings or for a new trial, defendant appealed.

Action in the district court for Ramsey county by the guardian ad litem of plaintiff minor to recover $25,000 for personal injury received while in the employ of defendant. The ease was tried before Brill, J., who granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Washington county to recover $10,-272.19 for breach of contract.

Action in the district court for Eamsey county to recover $50,000 for false arrest. The case was tried before Michael, J., and a jury which returned'a verdict for $4,250. 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 $50,000 for personal injury received while in the employ of defendant as switchman. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict for $10,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

After the deeison upon the former appeal reported in 130 Minn. 386, 153 N. W. 746, the action was tried before Flaherty, J., and a jury which returned a verdict in favor of plaintiff and against defendant for $4,047.84 and five separate verdicts for specified amounts in favor of five fire insurance ’companies which intervened in the action. From an order denying its motion for judgment notwithstanding the verdicts or for a new trial, defendant appealed.

The application of E. W. Rohlen, O. A. Bystrom and several other persons for a reward of $200 for procuring the arrest and conviction of a person charged with horse stealing, was heard in the district court for Swift county before Qvale, J., who made findings and apportioned the amount among E. H. Rohlen and others. From that order C. A. Bystrom and four others appealed.

Action in the district court for Douglas county to -compel defendant to renew plaintiff’s lease with her, that he be permitted to remain in possession of the premises for the term of one year from March 1, 1915, and to enjoin defendant and her husband from interfering with plaintiff’s possession except as a right to do so is reserved in the lease. The case was tried before Eoeser, J., who made findings and ordered judgment in favor of plaintiff.

Upon the relation of George L. Grenville, the district court for Ramsey county granted its alternative writ of mandamus directed to Louis Nash as commissioner of parks, playgrounds and public buildings of the city of St. Paul, requiring him to revoke the permit granted by him to the Overland Stores Company to construct a building on University avenue in that city in violation of the building code of the city or show cause why he had not done so.

Action in the district court for Blue Earth county by the administrator of the estate of Hubert Haack, deceased, against Charles E. Pollei, T. M. Coughlan and Henry Ericke to recover $7,500 against defendant Pollei and $500 against the other defendants for the death of his intestate.

Frank Dahlgren and others petitioned the county boards of Marshall and Polk counties under GL S. 1913, § 2677, for an enlargement of the boundaries of School District No. 31 of Marshall county by adding certain land within the boundaries of School District No. 36 and other districts. The county board made its order detaching certain territory from District No. 36.

Action in the district court for Lyon county to recover $25,000 for personal-injury to plaintiff while in the employ of defendant as freight brakeman. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion to direct a verdict for defendant, and a jury which returned a verdict for $9,000. Defendant’s motion for judgment in its favor notwithstanding the verdict or for a new trial was granted.

Action in the district, court for Hennepin county by the administrator of the estate of Frank Yirak, deceased, to recover $7,500 for the death of his intestate while in the employ of defendant. The case was tried before Waite, J., and a jury which returned a verdict for $5,750. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $3,200 for false representations made to plaintiff upon the exchange' of certain properties. The case was tried before Molyneaux, J., and a jury which' returned a verdict for $3,616. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $416.66 upon defendant’s policy of insurance. The case was tried before Bard well, J., who made findings and ordered judgment for $109.06 with interest in favor of plaintiffs. From an order denying their motion for amended findings or for a new trial, plaintiffs appealed.

Action in the district court for Ramsey county by the administrator of the estate of Martina Briglia, deceased, to recover $7,500 for the death of his intestate. The answer alleged that the death of plaintiff’s intestate or injury sustained by her at the time of the accident was caused by her own want of care and arose from conditions the risks and hazards of which were open and obvious to her and assumed by her.

Action in tlie district court for Ramsey county to recover $10,449, fees under G. S. 1913. § 3630, for tlie inspection and branding of illuminating oils and gasolene between February 1, 1913, and April 23, 1915.

Action in the district court for Olmsted county to recover $214.30. The facts are stated in the opinion. The action was tried before Snow, J., and after his death was submitted upon the transcript of the evidence to Granger, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Freeborn county to recover $21,300 for personal injury while in the employ of defendant as freight conductor. 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 in favor of defendant. From an order denying liis motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county by the special administratrix of the estate of Gebhardt Mahowald, deceased, to recover $7,500 for the death of her intestate. The case was tried before Molyneaux, J., who when plaintiff rested granted the motion to dismiss the action as to defendant Hickey and denied the motion as to the other defendants, and a jury which returned a verdict against defendant company for $6,500.

Action in the district court for Wabasha county by the receiver of the O. W. Kerr Company to recover possession of certain hotel furniture or $200-the value thereof and $100 damages for its detention. The case was tried before Granger, J., who made findings and ordered judgment in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Two actions in the district court for St. Louis county, one by the Standard Salt & Cement Company to recover $2,636.54 fox materials sold and delivered to P. McDonnell and the other by the National Iron Company to recover $218 for other materials, both actions being upon the bond of defendant surety company in favor of the city of Duluth to secure the performance of a certain contract by defendant McDonnell for the improvement of part of East Fourth street in the city of…

Action in the municipal court of Minneapolis against the persons doing business as Wall-Pearson Auto Garage & Transfer Company to recover $500 for injury to plaintiff’s property and his person caused by the negligent driving of defendant’s motor moving van. The case was tried before Charles L. Smith, J., and a jury which returned a verdict for $200. Prom an order denying their motion for judgment in their favor or for a new trial, defendants appealed.

Upon the relation of Maryland Casualty Company this court granted its writ of certiorari to review the action of the district court for Ramsey county and the Honorable Olin B. Lewis, J., one of the judges, in proceedings under the Workmen’s Compensation Act brought by Florence Smith for the death of her father, Andrew Anderson, employee, against relator.

Action in the district court for St. Louis county to recover $5,000 for personal injury received while walking upon a defective sidewalk in defendant city. The case was tried before Ensign, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,550. 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 recover a balance of $488.49 for rent during the months of July and August, 1914. - The defense set up is stated in the opinion. The case was tried before Molyneaux, j!, and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for a new trial was denied. From the judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Douglas county against the executrix of the last will and testament of Johan Felton, deceased, to recover $1,000 for false representation. The case was tried before Roeser, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Itasca county to enjoin defendantMcDonald, and the defendant lessee companies, from paying to McDonald individually or as an officer of The Minowa Company any of the rents and royalties accruing to that company; to appoint a receiver for that corporation and to determine the rights of plaintiff and defendant stockholders in the stock and property of that company; to remove defendant McDonald as an officer and director of that company; to…

Action in the district court for Hennepin county against C. F. Ireland, and others, to recover $254 against C. F. Ireland and to foreclose a mechanic’s lien for that amount against the premises described in the complaint. The ease was tried before Waite, J., who made findings and ordered judgment against defendant C. F. Ireland in favor of nine other defendants for the respective amounts specified and ordered a sale of the premises to satisfy the judgments.

Action in the district court for Hennepin county to recover $50,000 for personal injury. received while in the employ of defendant. The answer alleged that if plaintiff suffered as alleged in the complaint, it was by reason of his own want of due care and that he had assumed the risk of being so injured. The case was tried before Fish, J., who at the close of the testimony granted defendant’s motion to direct a verdict in its favor.

Action in the district court for Mahnomen county to determine adverse claims to certain vacant and unoccupied land. The separate answer of defendant Kloos alleged that he was the owner in fee of the premises described. The answer of defendant Peterson disclaimed any right, title or interest in or to the land. The case was tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff.

The Minneapolis Civic and Commerce Association petitioned the Railroad and Warehouse Commission of Minnesota to investigate the ownership of the stock of the Minneapolis Eastern Railway Company, and direct that all line traffic transported by the Chicago, Milwaukee & St. Paul Railway Company and the Chicago, St. Paul, Minneapolis & Omaha Railway Company should be handled without the interposition of a so-called switching charge; that defendants be required to treat this…

Two actions in the district court for Anoka county. One action was by Neis Jackson and Jennie Jackson against Ed Straabe to recover $1,000 for rents and profits from land belonging to plaintiffs while in the possession of defendant.

Action, transferred to the district court for Ereeborn county, by the copartners doing business as Bradshaw Brothers to recover $200.10. The case was tried before Kingsley, J., who made findings and ordered judgment in favor of defendant for $172.34. Plaintiffs’ motion for amended findings was denied. Erom the judgment entered pursuant to the order for judgment, plaintiffs appealed.

Upon the relation of the partners doing business as Klemer Brothers, this court granted its writ of certiorari to review the judgment of the district court for Rice county, Childress, J., in the matter of the proceedings by relators, as employers, to fix the compensation due to Hans Wester, as employee, under the Workmen’s Compensation Act.

<p>Appeal from order granting new trial — errors available in support of order.</p> <p>1. Upon the appeal of the defendant from an order granting the plaintiffs motion for a new trial, after verdict for the defendant, where the motion was granted because of errors of law occurring át the trial, and the order so stated, the plaintiff may support the order by showing other errors, if properly raised, than the specific ones because of which the new trial was granted; but upon such appeal the plaintiff cannot question the sufficiency of the evidence to sustain the verdict.</p> <p>Accident insurance — misrepresentations as to age, etc., prior to act of 1913.</p> <p>2. In an action on an accident policy the provisions of R. L. 1905, § 1623 (Gr. S. 1913, § 3300), relative to misrepresentations by the insured, control, and not the.provisions of R. h. 1905, § 1693 (G-. S. 1913, § 3467), relative to misstatements as to age, physical condition and family history in an application where the policy is issued without previous medical examination or without the knowledge or consent of the insured, the policy having been written and the death claimed to be accidental having occurred prior to the going into effect of Laws 1913, c. 156, section 6 of which, provides what shall be the effect of a false statement in an application for an accident policy.</p> <p>Pleading — election between defenses — issues — burden of proof.</p> <p>3. In an action on an accident policy for death resulting 'through accidental means, the defendant alleged that the death was caused by suicide, and, further, that it was caused by the beneficiary. The court denied the plaintiff’s motion that the defendant be required to elect upon which claim it would rely upon the ground that the two were inconsistent. The ruling was correct. The general rule relative to inconsistent defenses will not be applied in a case like this, so as to prevent a meritorious defense or work manifest injustice. In an action on an accident policy the issue is upon the question of accident and the affirmative is upon the plaintiff. Such claims as those named may he shown under a general denial in disproof of accident. They are not affirmative defenses like misrepresentation or breach of warranty, nor are they affirmative defenses based upon an exception, as, for instance, suicide in a straight life policy. The affirmative issue, upon which the right of recovery rests, is upon the fact of accident.</p> <p>Insurance — cause of death — burden of proof.</p> <p>4. In such action the burden of proving that the death of the insured was caused by a third person, not the beneficiary, this constituting an accident within the meaning of the policy, is upon the plaintiff.</p> <p>Grant of new trial error.</p> <p>5. There were no errors at the trial and a new trial should not have ■been granted.</p>

Upon the relation of Charles Brown the district court for Goodhue county granted its writ of certiorari to review the proceedings of the board of public works of the city of Eed Wing in reference to an assessment for paving certain streets. From an order granting the motion of respondents to quash the writ, Converse, J., relator appealed.

Action in the district court for Koochiching county to recover $3,000 for operating defendant’s dam so as to flood plaintiff’s land.

The St. Paul Association of Commerce petitioned, the Railroad and Warehouse Commission of Minnesota to exercise the authority granted it under Laws 1915, c. 367, and to make an order to the common carriers doing business in Minnesota, requiring them to publish a rule which would group St. Paul, Minnesota Transfer and Minneapolis as one common point for rate-making purposes upon intrastrate traffic.

Upon the relation of Samuel Lachtman the district court for Hennepin county granted its alternative writ of mandamus directing James G. Houghton, as inspector of buildings for the city of Minneapolis, to issue to the relator a permit for the electrical wiring of a certain building described in the writ or show cause why he had not done so.

Action in the district court for Waseca county to recover $3,000 for false representations in inducing plaintiff to purchase the stock in trade of Dahl & Lust. Defendant obtained an order requiring plaintiff to show cause why an order should not be made vacating the attempted service of the summons and complaint upon defendant. The matter was heard before Childress, J., who discharged the order to show cause.

Upon the relation of the city of St. Paul the district court for Bamsey county granted its alternative writ of mandamus, requiring the Great Northern Bailway Company and the Northern Pacific Bailway Company to reconstruct a bridge on Seventh street over their railway tracks, in accordance with Ordinance No. 3493, or show cause why they had not done so.

Charles L. Sawyer and others petitioned the district court for Ramsey county to annul the nomination of Thomas Erankson, as candidate of the Republican party for the office of lieutenant governor of the state of Minnesota to be voted for at the general election to be held in November, 1916.

Action in the district court for Hennepin county to recover $30,000 for personal injury received while in the employ of defendant. Defendant’s motion, upon its special appearance for that purpose,'to set aside the service of the summons and complaint was denied, Hale, J. Hpon renewal of the motion, it was granted. Plaintiff’s motion to set aside the order vacating the service was granted, Leary, J. From the order setting aside the court’s former order, defendant appealed.

Action in the district court for McLeod county by the administrator of the estate of Henrietta Joeeks, deceased. The case was tried before Morrison, J., and a jury which returned a verdict for $4,054 against defendant William Holtz. The motion of that defendant for judgment notwithstanding the verdict was denied, and his motion for a new trial was granted upon the ground that the verdict was not justified by the evidence and .was contrary to law.

Action in .the district court for Hennepin county against C. S. Brackett Company and Twin City Motor Service Company to recover $15,300 for personal injury in a collision with defendants’ automobile. The separate answer of the Brackett Company alleged that at the time of the injury the automobile was not under its control or charge or supervision, either directly or indirectly. The case was tried before Dickinson, J., and a jury which returned a verdict for $2,120.

Action in the district court for Roseau county to recover $240 for conversion of two shares of stock of the defendant bank. Plaintiffs demurrer to paragraph 3 of the answer upon the ground that it did not state facts sufficient to constitute a defense was sustained, Watts, J. From the order sustaining the demurrer, defendant appealed.

Upon the relation of Katherine Jordan Peavey, as executrix of the estate of George W. Peavey, deceased, this court granted its alternative writ of mandamus requiring the Honorable Charles S. Jelley, a judge of the district court for Hennepin county, to show cause why a peremptory writ should not issue commanding him forthwith to settle, allow and certify a case in the action between relator as plaintiff and Frederick B. Wells, Frank T. Heffelfinger and Charles F. Deaver, as…

Action in the district court for Meeker county for discovery as to all the transactions of, and complete accounting concerning, the partnership of Lundquist & Peterson Brothers, to restrain defendants from diverting any of the property of the partnership, to compel defendants to pay to plaintiff an undivided one-third of all the profits, and to set aside the partnership settlement referred to in the opinion.

C. A. Sands and Joseph Cowan appealed to the district court for Murray county from the order of Nelson, J., confirming the reports of the engineers and viewers in the matter of Judicial Ditch Proceeding No. 7 in that county, on the ground that the amount of benefits assessed to appellants was in excess of the actual benefit to their land, and demanded a jury trial to determine their benefits.

M. Wermerskirchen and A. Wermerskirchen appealed to the district court for Murray county from the order of the court, Nelson, J., confirming the reports of the engineers and viewers in the matter of Judicial Ditch No. 7 in that county, on the ground that the amount of benefits assessed to appellants was in excess of the actual benefit to their land, and demanded a jury trial to determine their benefits.

Action in the district court for Hennepin county to recover $50,000 for injury received while a passenger upon one of defendant’s cars. The answer alleged that for a valuable consideration plaintiff delivered to defendant a release, by the terms of which she discharged defendant from all causes of action and demands in any manner arising from or growing out of the claims and occurrence set up in the complaint.

Action in the district court for St. Louis county by plaintiff, in behalf of himself and all other persons using vehicles upon the streets, avenues or alleys of the city of Duluth, to restrain defendant city and its officers from enforcing the provisions of an ordinance adopted in July, 1910, and amended in 1911, by the city council of that city “regulating the use of streets, avenues and alleys within the city of Duluth by vehicles and imposing a tax or fee for such use”…

Action in the district court for Ramsey county to recover $2,000 upon defendant’s benefit certificate of insurance upon the life of Joseph Schwartz. The case was tried before Michael, J., who denied a motion to direct a verdict for the defendant and granted a motion to direct a verdict for plaintiff in the sum of $1,997.65. 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 Hennepin county to recover $3,500 for breach of contract: The case was tried before Jelley, J., who made findings and ordered judgment in favor of plaintiff for specific performance of the contract. Defendant’s motion to vacate the judgment and permit her to interpose an amended answer was granted. From the order granting the motion, plaintiff appealed.

When defendant was arraigned in the municipal court of St. Paul and charged with keeping an unlicensed drinking place, his attorney objected that the impaneling of the jury had not been made according to law in that the provisions of the special act creating that court had not been followed. The objection was overruled, and defendant was tried before Boerner, J., and a jury which returned a verdict of guilty. From the judgment of conviction, defendant appealed.

Action in the district court for St. Louis county to recover $364.43 for certain railroad ties sold and delivered to defendant. The case was tried before Ensign, J., who, when plaintiff rested, denied defendant’s motion to dismiss the action and at the close of the testimony denied motions for directed verdicts, and a jury which returned a verdict for $364.66. Defendant’s motion for judgment notwithstanding the verdict was denied.

Defendant was cited into the district court for Clay county for nonpayment of its personal property taxes for the year 1913. The matter was submitted upon stipulated facts to Nye, J., who made findings and ordered judgment in favor of defendant. Plaintiff’s motion to amend the conclusions of law was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Chippewa county to recover $100. The case was tried before Daly, J., who directed a verdict for the amount demanded. • From an order denying his motion for a new trial, defendant appealed.

Action in ejectment in the district court for Polk county to recover possession of land and $100 damages. From an order sustaining plaintiff’s demurrer to the answer to the amended complaint on the ground that the same failed to constitute a defense, defendant appealed.

Upon the relation of Ernest Fleckenstein Brewing Company this court granted its writ of certiorari to review the action of the district court for Bice county, Childress, J., in proceedings under the Workmen’s Compensation Act brought by George Schell, administrator of the estate of Kasper Schell, deceased, as employee, against relator, as employer, to recover compensation for the death of his intestate.

Action in tlie municipal court of St. Paul to recover $350 for assault and battery. The ease was tried before Boerner, J., who in the absence of defendant and his attorney made findings and ordered judgment for $107.95 in favor of plaintiff. Defendant’s motion to vacate the findings and for leave to file the answer which had been served on plaintiff and to-defend the action was denied. Defendant’s motion for permission to re-argue his motion was denied.

Action in the district court for Carver county to recover $68 for professional services. The answer was a general denial. The case was tried before Morrison, J., and a jury which returned a verdict for $58. From an order denying his motion for a new trial, defendant appealed.

Hpon the relation of Frank Tomka this court granted its writ of mandamus, directed to the judges of the Fourth judicial district and the clerk of the district court for Hennepin county, to review the action of Jelley, J., in denying plaintiff’s motion to remand the action from Hennepin county to Becker county.

Action in the district court for Mower county to recover $1,500, being the amount of an assessment of $100 per share upon the shares of stock of insolvent plaintiff owned by defendants, which was levied thereon by the superintendent of banks of the state of,Oregon. From an order, Kingsley, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Bamsey county to set aside a judgment which had been rendered in favor of defendant in a former action between the same parties, upon the ground of perjury committed in the course of the trial. From an order, Brill, J., overruling a demurrer to the complaint, defendant appealed.

Action in tlie district court for Benton county to set aside a deed to certain property conveyed by plaintiff’s father to defendant city. The case was tried before Parsons, J., who made findings and ordered judgment in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in tlie district court for Marshall county to recover $67.20 excess mileage collected by defendant while county commissioner. The case was tried before Watts, J., who made findings and ordered judgment for plaintiff in the sum of $50.40. From the judgment entered pursuant to the order, defendant appealed.

Action in the district court for Bamsey county by the partners composing the firm of Slimmer & Thomas against the State Bank of Culbertson to recover $1,760 upon a check drawn upon defendant bank by one Nacey in favor of C. C. Armstrong. Thereafter the amount in dispute was deposited in court by defendant and the State Bank of Halstad was substituted as defendant.

Upon the relation of Isidor Zien, tbe district court for St. Louis county granted its alternative writ of mmda/mm, directing defendant city and the members of its council to grant the application of relator for a license to sell intoxicating liquor at a specified place. From an order, Dancer, J., sustaining defendants’ demurrer to relator’s petition and granting their motion to quash the writ, relator appealed.

Action in the district court for Freeborn county to recover $20,000 for personal injury. After the decision upon the former appeal, reported in 125 Minn. 256, 146 N. W. 1092, the case was tried before Kingsley, J., and a jury which returned a verdict for $5,800. From an order denying its motion for judgment notwithstanding the verdict or for a new trial,' defendant appealed.

Action in the district court for Ramsey county against John Fischer and his son Edward Fischer to recover $31,000 for personal injury received in a collision with an automobile driven by defendant Edward. The separate answers of defendants alleged that the injuries of plaintiff were caused solely by his own carelessness.

Action in the district court for Ramsey county to recover $25,000 for personal injury received while in the employ of defendant. The case was tried before Olin B. Lewis, J., who at the close of plaintiff’s testimony denied defendant’s motion to dismiss the action, and at the close of the trial denied defendant’s motion for a directed verdict in its favor, and a jury which returned a verdict for $8,830.

Action in the district court for Cook county to cancel a certain redemption receipt and the entries made in the tax judgment record of the county auditor showing a redemption of the lands described in the complaint by defendant Wood and certain other entries in the tax records, and lo permit plaintiff to pay to the county treasurer the amount of redemption money paid to plaintiff, and that plaintiff be restored to all rights under the state assignment certificates mentioned…

After the former appeal, reported in 132 Minn. 9, 155 N. W. 754, Albert Sladek moved to vacate the order disallowing claims of creditors and for permission to be heard in the matter of the allowance of each claim. The motion was granted, Morrison, J., and a time fixed for hearing on all claims. From the order granting the motion, John H. Lebens, as receiver of defendant corporation, and plaintiff appealed.

Action in tlie district court for Hennepin county to recover $1,338.36 for injury to plaintiff’s automobile truck by the careless operation of one of defendant’s street cars. The answer alleged that the injury was caused by the carelessness of plaintiff and set up a counterclaim of $170.05 for injury to defendant’s street car. The case was tried before Waite, J., and a jury which returned a verdict for defendant.

Action in. the district court for Ramsey county to recover $16,500 for injury received in a collision with an automobile belonging to defendant. The ease was tried before Brill, J., and a jury which returned a verdict for $750. From an order denying his motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury for procuring an abortion on a woman, was tried in the district court for Hennepin county, before Dicldnson, J., and a jury which returned a verdict of guilty. From orders denying her motions for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $1,700 upon certain promissory notes. The facts are stated in the opinion. The case was tried before Hughes, J., and a jury which returned a verdict in favor of defendant. From an order granting plaintiff’s motion for judgment notwithstanding the verdict, defendant appealed.

Action in the district court for Rice county by the administrator of the estate of Arthur Curran, deceased, against the Chicago Great Western Railroad Company, the Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Company, the city of Faribault and A. E. Markis, to recover $7,500 for the death of his intestate. The separate answers set up the contributory negligence of decedent.

Action in the municipal court of Minneapolis to recover $330 paid for defending plaintiff in a criminal case, and $300 for money paid under false representations. The case was tried before Montgomery, J., who when plaintiff rested denied defendant’s motion to dismiss the first cause of action, and a jury which returned a verdict for $430. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Clay county by the administrator of the estate of Henry McDonald, deceased, to set aside a certain deed on the ground that it was a fraudulent conveyance as to the creditors of decedent. The case was tried before Roeser, J., who made findings, incorporating in them the negative answer of the jury to the question mentioned in the first paragraph of the opinion, and ordered judgment in favor of defendants.

Action in the district court for Freeborn county to recover $15,000 for injuries sustained while boarding defendant’s passenger train at Albert Lea. The answer alleged contributory negligence. The case was tried before Kingsley, L, and a jury which returned a verdict for $3,050. 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 for a decree ordering defendant W. H. Sulflow to execute and deliver to plaintiff a conveyance of certain real estate; or if he should not then the decree to transfer title to plaintiff; that a certain contract be canceled and annulled and said Sulflow restrained from enforcing the same; for a temporary injunction during the pendency of the action restraining defendants from serving plaintiff any notice of cancelation or…

Action in the district court for Lake county to determine adverse claims to undivided interests in certain vacant and unoccupied mining land. The case was tried before Cant, J., who made findings and ordered judgment in, favor of defendant iron company. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for St. Louis county to recover $8,115 for personal injury received from driving into an excavation in defendant’s street. The answer set up contributory negligence. The case was tried before Eesler, 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 $1,650.

Action in the district court for Hennepin county to have the court take possession of the assets of defendant corporation and for the appointment of a receiver. From an order, Fish, J., directing a sale by the receiver, from an order, Steele, J., denying an application to vacate the sale and from an order, Steele, J., confirming the sale, Charles E. Johnson, intervener, appealed.

Action, in the district court for Hennepin county to recover $56,243.44 for conspiracy. From orders, Hale, J., setting aside and vacating the service of summons upon defendants, plaintiff appealed.

<p>Action of ejectment in the district court for St. Louis county. The case was tried before Eesler, J., who denied defendant’s motion for a directed verdict in its favor, and a jury which returned a verdict in favor of plaintiffs. From an order granting defendant Highland Company’s motion for judgment notwithstanding the verdict, plaintiffs appealed.</p>

<p>Life insurance — former decision followed.</p> <p>1. Former decision in this case upon the question of the sufficiency of the evidence to justify a verdict for plaintiff followed and applied as the law of the case. 127 Minn. 215.</p> <p>Charge to jury.</p> <p>2. The record presents no reversible error in the rulings of the court or in its instructions to the jury.</p>

Upon the relation of John S. Tolversen the supreme court granted its writ of certiorari to review the proceedings in the district court for Jackson county, Quinn, J., in relation to the establishment of Judicial Ditch No. 58 in the counties of Nobles, Murray, Cottonwood and Jackson.

Action in the district court for Watonwan county to recover $285 for conversion of certain hogs upon which plaintiffs held a chattel mortgage. The case was tried before Quinn, J., acting in place of the judge of the Sixth judicial district, who made findings and ordered judgment in favor of plaintiffs for the amount demanded. From an order denying his motion for a new trial, defendant appealed.

Application to the district court for Ramsey county for confirmation of an assessment for the construction of a sewer on Magnolia street in the city of St. Paul.

<p>Action in the district court for Bamsey county to recover $6,506.19 upon three promissory notes. The case was tried before Brill, J., who, at the close of the testimony, directed a verdict in favor of defendant. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, plaintiffs appealed.</p>

Action in the district court for Ramsey county by the administratrix of the estate of Fridolph Hillstrom, deceased, to recover $7,500 for the death of her intestate.

Action in the district court for Hennepin county to recover $30,000 for injuries sustained while in the employ of defendant as freight brakeman.

Action in the district court for Hennepin county to recover $15,575 for injuries caused by an X-ray bum. The case was tried before Leary, J., who denied defendant’s! motion for a directed verdict, and a jury which returned a verdict for $2,500. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tlio district court for Ramsey county to recover $15,000 for injuries-sustained while in the employ of defendant depot company. Defendants demurred to the complaint, and the separate demurrers were overruled, Dickson, J., who certified the question presented by the demurrers as important and doubtful. From the order overruling the demurrers, defendants appealed.

After the former appeal reported in 130 Minn. 304, 153 N. W. 613, judgment was entered in the trial court upon the verdict, and defendants appealed from the judgment and from an order, Cant, J., denying their motion for an order requiring plaintiff to show cause why defendants should not he allowed to make a motion for a new trial. On April 1, 1916, defendants served upon plaintiff a notice of dismissal of the appeal.

Action in the municipal court of Minneapolis to recover a balance of $125 for goods and merchandise delivered to defendant. The defense set up in the answer is stated in the first paragraph of the opinion. The case was tried before Montgomery, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $750 for breach of contract. The case was tried before Olin B. Lewis, J., who at the close of the testimony denied defendant’s motion to direct a verdict in favor of plaintiff for nominal damages and a jury which returned a verdict for $350. From an order denying its motion for judgment in favor of plaintiff for nominal damages only, notwithstanding the verdict, or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $325 for labor and materials furnished to defendant Meyers and to foreclose a mechanic’s lien for the same upon the premises described in the complaint.

Upon the relation of the National Council of the Knights and Ladies of Security this court granted its alternative writ of mandamus, directed to Honorable Hascal R. Brill, one of the judges of the district court for the Second judicial district, requiring him to enter judgment in the action instituted by relator against Mendel Garber, or show cause why he had not done so.

Action in the district court for Aitkin county to recover possession of certain logs or, if possession could not be had, for $75. The case was tried before Wright, J., who directed a verdict in favor of defendants. Plaintiff’s motion for a new trial was denied. From the judgment entered pursuant to the verdict, plaintiff appealed.

The district court for Lincoln county, Olsen, J., granted a temporary injunction restraining defendant, sheriff of that county, from locking the doors connecting the east part of that certain building in the village of Ivanhoe known as “Court House Block” with the corridors and vault room in the west part of the building during business hours and preventing free access by the county officers and public to and the use of all county records kept in the vault room of the…

Action in replevin in the municipal court of Brainerd. Judgment in favor of intervener and defendant. Appeal by plaintiff to the district court for Crow Wing county. The history of the appeal is stated in the opinion. From the order, McClenahan, J., denying his motion to have the appeal placed upon the calendar for trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $5,000 for personal injuries caused by the negligent driving of defendant’s automobile. The case was tried before Leary, J., and a jury which returned a verdict for $1,500. From an order denying his motion for a new trial, defendant appealed.

<p>Homestead exemption — case followed.</p>

Four railroad companies were served by the plaintiff with garnishee summons. Defendant appeared specially and moved the district court for Hennepin county to quash the service of the summons and complaint, discharge the garnishees and dismiss the action. The motion was denied, Dickinson, J. From the order denying the motion, defendant appealed.

Eleven railroad companies were served by the plaintiff with garnishee summons. The defendant appeared specially and moved the district court for Hennepin county to quash the service of the summons and complaint, discharge the garnishees and dismiss the action. With the consent of the plaintiff seven of the garnisheed companies were discharged. The motion as to the others was denied, Dickinson, J. From the order denying the motion, defendant appealed.

Action in the district court for Red Lake county to recover $20,000 damages caused by being ejected from defendants’ saloon. The case was tried before Watts, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and a jury which returned a verdict tor $1,800. From an order denying their motion for a new trial, defendants appealed.

Action in the municipal court for Minneapolis to recover $200 upon a check. The case was tried before Montgomery, J., who when plaintiff rested denied the motion of defendant Alden to dismiss the action, and at the close of the testimony directed a verdict in favor of plaintiff. From an order denying his motion for judgment in his favor notwithstanding the verdict or for a new trial, defendant Alden appealed.