Volume 135 — Minnesota Reports

Action, in the district court for Ramsey county to recover $362.89 unpaid premiums upon certain policies of insurance. Defendant interposed a counterclaim for $2,000, the amount of commission due as broker for securing a certain indemnity policy for $10,000. The case was tried before- Olin B. Lewis, J., and a jury which returned a verdict in favor of defendant for $753.87. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Aitkin county to recover a balance of $3,069.54 for work on County Ditch No. 21 in that county. The answer alleged that defendant had paid plaintiff for all work done and material furnished by him pursuant to the written contract between them. The case was tried before Stanton, J., who made findings and ordered judgment in favor of plaintiff for $32.52. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $1,710.70 upon defendant’s bond as surety upon a building contract. The case was tried before Dancer, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.

Action in the district court for Eice county to recover $426.20 for injuries received in a collision with defendant’s automobile. The answer set up a counterclaim for $50 for damages to defendant’s car. The case was tried before Childress, J., and a jury which returned a verdict for $50 in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action, in the district court for Ramsey county to recover $204.86 for labor and materials furnished and to foreclose a lien for the same upon a motor vehicle. The case was tried before Olin B. Lewis, J., who made findings as set out in the first paragraph of the opinion. From an order denying his motion for a new trial, plaintiff appealed.

From an order of the Railroad and Warehouse Commission, requiring the Great Northern Railway Company on or before the first day of December, 1915, to erect and complete at the village of Ada, a new depot of the same style and capactiy as defendant’s depot in Warren, except that the depot at Ada be built of brick or some other material that will comply with the fire ordinance of the village of Ada, the Great Northern Railway Company appealed to the district court for Norman…

Action in the district court for Traverse county to recover $950. The case was tried before Flaherty, J., who made findings and as conclusion of law ordered judgment in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Big Stone county against Michael C. Keating and Keating Land & Mortgage Company to recover $32,605 as compensation for making a sale óf real estate. The case was tried before Qvale, J., and a jury which returned a verdict for plaintiff in the sum of $5,100 and interest. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Eamsey county against the members of the firm of Thuet Brothers to recover a balance of $1,415.89. The facts are stated in the opinion. The case was tried before Olin B. Lewis, 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, defendants appealed.

Action in the district court for Hennepin county to recover $2,000 upon defendant’s policy of life insurance. From an order, Hale, J., sustaining plaintiff’s demurrer to the amended answer of defendant grand lodge, that defendant appealed.

Action in the district court for Stearns county by the administrator of the estate of Stephen Zenner, deceased, to recover $7,500 for the death of his intestate. The case was tried before Eoeser, J., and a jury which returned a verdict in favor of plaintiff for $4,585. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the municipal court of Mankato to recover $200 compensation for services in making exchange of lands. The case was tried before Plymat, J., who made findings and ordered judgment in favor of plaintiff for. the amount demanded. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Ramsey county to recover $216.57, excess charges collected by defendant for transportation of 32 carloads of wheat. The case was tried before Brill, J., who found that plaintiff’s causes of action, if any, were barred by the statute of limitations and ordered judgment in favor of defendant. From the judgment entered pursuant to the order, plaintiff appealed.

Action in the district court for St. Louis county to recover $661.86 for damage to a carload of eggs shipped over defendant’s road. The case was tried before Eesler, J., who at the close of the testimony granted the motion of the Northwestern Railway Company for a directed verdict in its favor, and denied the motion of the Omaha Railway Company for a directed verdict in its favor, and a jury which returned a verdict in favor of plaintiff for $716.09.

Two actions in the district court for Hennepin county, one by the husband to recover $5,000 for personal injury sustained by his wife while boarding one of defendant’s street cars, and the other by the wife to recover $5,000 for the injuries suffered by her. The cases were tried together before Steele, J., and a jury which returned a verdict in favor of defendant. From an order granting plaintiffs’ motion for new trials, defendant appealed.

Two actions in the district court for Mille Lacs county, one by the administrator of the estate of William Otis Barrett, deceased, and the other by the administrator of the estate of Willard J. G. Jesmer,. deceased, to recover $7,500 for the death of each decedent.

Action in the district court for Hennepin county against defendant corporation and Charles F. Trotter to recover $25,000. The ease was called for trial before Eish, J., who sustained the objection of defendants to the introduction of any evidence under the complaint and granted their motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $786.25 for negligence in caring for certain drums of silakka while in cold storage in defendant’s warehouse. The answer denied the allegation of negligence and for a counterclaim alleged that plaintiff was indebted to defendant in the sum of $116.48.

Proceeding in the district court for Stearns county to charge defendant with being the father of a bastard child. Defendant pleaded not guilty and the case was tried before Eoeser, J., and a jury of which 11 members found defendant guilty as charged in the complaint. Defendant excepted to the reception of a verdict, moved the court to set aside the verdict as illegal and excepted to the court making an order for judgment based on such verdict.

Action in the district court for Hennepin county to recover $160.60 for money paid upon a contract which was made by plaintiff while a minor and thereafter disaffirmed. The ease was tried before Leary, J., and a jury which returned a verdict for $62. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Stevens county to recover $50,000 for injury received by plaintiff while in the’employ of defendant as a section hand. The answer alleged that plaintiff was injured while endeavoring to remove a hand-car from defendant’s track and the risk and danger were incident to the work which was assumed by plaintiff as a part of his employment.

Defendant was indicted by the grand jury, jointly with three others, for the crime of mayhem, tried in the district court for Meeker county, and upon his demand was granted a separate trial before Daly, J., and a jury which .returned a verdict of guilty of assault in the second degree. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Anoka county against H. N. Douglas, J. J. Anderson, E. R. Patterson and H. G. Anderson to recover $385.75 upon defendants’ written guaranty which is quoted at the beginning of the opinion.

J. K. Elliott and G. E. Sanborn were indicted by tbe grand jury of Hennepin county for the crime of making and presenting a false statement in writing to a bank for the purpose of obtaining a credit.

In the probate court for Goodhue county Clara Mires filed a claim for $1,500 against the estate of Simon Mires, deceased, for services in caring for the wife of the deceased during four years. The administrator of the estate filed objections to the claim, and after hearing the claim was allowed by the probate judge. Erom the order allowing the claim Emma Matthews, as an heir at law of the deceased, appealed to the district court for Goodhue county.

Defendant was indicted by the grand jury for the crime of selling intoxicating liquor without a license, tried in the district court for Polk county before Watts, J., and a jury which found defendant guilty as charged in the indictment. Prom the order denying his motion for an order directing the dismissal of the action or for a new trial, defendant appealed.

Upon the relation of Horace W. Eoberts, as attorney for AnnaBreckenridge Batcliffe, the supreme court granted its alternative writ of prohibition commanding Frank Hense, Esq., as judge of probate of Aitkin county, to refrain from any further proceeding in the matter of the insanity of Anna Breekenridge Batcliffe until the further order of the court and to show cause why he should not be absolutely restrained from any further proceeding in the matter.

Action in replevin in the district court for Martin county and in case delivery of the property could not be had for $1,390, the value thereof, and $100 damages for its detention.

Application to the district court for Pine county to register title to certain real estate. Flora A. Hobart, who claimed an interest in the property, filed her separate answer in which she alleged that she was the owner of the whole of said land in fee and entitled to its possession. ■ The application was heard before Stolberg, J., who made findings and ordered judgment in favor of plaintiff.

Action in the district court for Stearns county against the Merchants National Bank of St. Cloud to recover $1,000 upon a certified check drawn upon defendant bank. The bank answered, deposited the money in court, and obtained an order requiring Carl Kropp, the maker of the check, to intervene. In his answer the intervener set up the facts stated at the beginning of the opinion.

Action in the district court for St. Louis county to recover $550.34. The facts are stated in the opinion. The ease was tried before Dancer, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $654.96. Defendant’s motion for a new trial was denied on condition that plaintiff consent to a reduction of the verdict to $428.94, and the consent was given.

Action in the district court for Scott county to restrain defendant from using or transacting any business under the name of Mudbaden Sulphur Springs Company or any other name so similar to plaintiff’s trade-name as to mislead the public.

<p>Sale — action for purchase price — pleading and proof of plaintiff’s incorporation.</p> <p>In an action to recover for merchandise alleged and admitted to have been sold and delivered by the plaintiff to the defendant, the fact of the incorporation of the plaintiff is not a material allegation and need not be proved.</p>

Action in the district court for Cottonwood county to recover $2,200 upon a contract for the sale of real estate. The case was tried before Nelson, J., who made findings and ordered judgment against defendant for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Norman county to restrain defendant from constructing a dam or obstruction on his land within the banks of the Marsh river so as to obstruct the free flow of water therein and the use of the bed of the river by plaintiff as an outlet for the city sewers.

Action in the district court for Meeker county to cancel a lease and for partition of the premises. The case was tried before Daly, J., who made findings and awarded plaintiff the title in fee to the south half of the lot and awarded title in fee to the north half of the lot to defendant, subject to any incumbrances existing on his share of the real estate.

Action in the district court for Stevens county to recover a balance of $177. The answer set up the facts stated in the opinion. The ease was tried before Flaherty, J., who when defendant rested denied plaintiffs motion for a directed verdict, and a jury which returned a verdict in favor of defendant. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Samuel Lewison, administrator of the estate of John Swenson, deceased, petitioned the probate court for Yellow Medicine county for an order settling his account as such administrator and directing him to distribute the estate to the heirs at law of decedent. From the decision of the probate court, Joseph O. Swenson, Samuel J. Swenson and Minnie Kingston appealed to the district court for that county.

Action in tbe district court for Ramsey county to recover $1,000 upon defendant’s benefit certificate insuring the life of Osias Kulberg. From an order, Dickson, J., sustaining a demurrer to the amended complaint, plaintiff appealed.

Action in tbe district court for Itasca county to recover $6,500 for injury to plaintiff’s minor son while passing through defendant’s railroad yard with its knowledge and consent. The answer denied that the injured minor was in the yard upon the invitation, express or implied, of defendant or by its license or consent, express or implied, and alleged that the plaintiff was a trespasser.

Defendant and Charles D. Etchison were indicted by the grand jury for the crime of mnrder in the first degree. Defendant demanded a separate trial, which was granted, and he was tried in the district conrfifor Hennepin county before Eish, J., and a jury which found him guilty as charged in the indictment. Erom an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county against Knox-Burchard Mercantile Company, Gustavus C. Knox, Simeon J. Burehard and Adrian M. Knox to recover $7,500 upon a promissory note. The separate answer of defendant corporation denied that it executed, negotiated or delivered the note, and denied that it ever received any consideration for the same.

Action in the district court for St. Lonis county to recover $30,000 for obstructing ingress by way of Center street and Fifth avenue in the village of Hibbing to a village lot. The answer, among other matters, alleged that the action was barred by the statute of limitations for any damage to plaintiff’s property prior to August 5, 1909. The ease was tried before Fesler, J., and a jury which returned a verdict for $750.

<p>Action of divorce in the district court for Ramsey county. Defendant’s motion for a change of venue to Stevens county was denied, Hanft, J. The case was tried before Michael, J., who made findings and ordered judgment in favor of plaintiff. Defendant’s motion to amend the conclusions of law and order for judgment or for a new trial was- denied. From the judgment entered pursuant to the order for judgment, defendant appealed.</p>

Action in the district court for Todd county to recover $412.25 for the care and support of a poor person. From an order, Parsons, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Cottonwood county to determine adverse claims to real estate. The answer of Mary E. Stryker alleged that she was the owner in fee of part of the premises described. The case was tried before Nelson, J., who made findings and ordered judgment in favor of plaintiff. From an order denying her motion for a new trial, defendant appealed.

Action in the district court for Ramsey county by the father of Clarence O. Woll, an infant, to recover $25,000 for injury to the son caused by the negligent operation of one of defendant’s street cars. The ease was tried before Michael, J., and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for a new trial was denied. Prom the judgment entered pursuant to the verdict, plaintiff appealed.

Herman Held and James Dougher, as trustees under the last will and testament of Jacob Pfenninger, deceased, presented their final account to the district court for Brown county, and petitioned for… Held: as executor of the estate of Christiane Pfenninger, deceased. From that portion of the judgment, entered pursuant to the order for judgment, disallowing his claim as executor of the estate of Christiane (sic.) Pfenniger, deceased, Herman Held appealed.

From an award of viewers appointed by the board of county commissioners for Aitkin county upon the petition of plaintiff under G. S. 1913, §§ 5565-5567, to determine the amount of plaintiff’s damages sustained since the construction of County Ditch No. 14, plaintiff appealed to the district court for that county. The appeal was heard before Wright, J., who made findings and ordered judgment for $1,035 in favor of plaintiff.

Defendant was indicted by the grand jury for the crime of murder in the first degree, tried in the district court for Jackson county before Quinn, J., and a jury which found defendant guilty as charged in the indictment. From the order denying his motion for a new trial, defendant appealed.

Hpon the relation of W. S. Chase, the supreme court granted its writ of certiorari to review the action of the Minnesota Tax Commission in the matter of the application of relator for a reduction of the assessed valuation of real estate belonging to relator.

Action in the district court for Rice county to recover $5,080.87 upon a promissory note. The case was tried before Childress, J., who made findings and ordered judgment dismissing the actiop. From an order denying its motion for a new trial, plaintiff appealed.

Defendant was indicted by the grand jury for the crime of unlawfully, feloniously, wilfully and knowingly resisting an officer in the performance of his duty in serving process upon defendant and his wife, tried before Daly, J., and a jury which found him guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury for the crime of unlawfully selling liquor, tried in the district court for Pennington county before Grindeland, J., and a jury which found him guilty as charged in the indictment. From am order denying his motion for a new trial, defendant appealed.

Action in the district court for St. Louis county for specific performance of a contract to sell real estate. Defendants’ demurrer to the complaint was overruled and defendants answered. Plaintiff’s motion for judgment upon the pleadings was granted, Dancer, J. Defendants’ motion to open the judgment and grant them leave to serve and file an amended answer was granted.

Action in the district court for Blue Earth county to recover $30,000 for personal injury received while in the employ of defendant.

In the matter of the estate of Laura D. Sims, deceased, Dr. E. W. Alger filed in the probate court for Hennepin county a claim for professional services for $186.

Action in the district court for Ramsey county to recover $15,000 for personal injury received while in the employ of the defendant. The answer alleged that all the circumstances surrounding the accident were patent and observable and well known to plaintiff and that he assumed the risk of being injured in the manner in which the accident occurred.

Action in the district court for Hennepin county to recover $19,405.10 awarded to plaintiff in proceedings to condemn certain real estate belonging to him. The answer admitted the award of damages and alleged that defendant city council did not confirm the report of cominissioners, and by resolution pursuant to Sp. Laws 1881, c. 76, sube. 10, § 7, abandoned the proceedings, which resolution was approved by the mayor and duly published in the official paper of the city.

Action in the district court for Hennepin county to recover $3,500 for services in procuring a person able and willing to lease certain real estate belonging to defendant upon specified terms. The answer alleged that the property in question belonged to the estate of Jacob F. Tourtellotte, deceased, and that defendant and the Minneapolis Trust Company were coexeeutors of the last will of decedent, all of which was known to plaintiff.

Action in the district court for Hennepin county to recover $2,800 for 'slanderous words uttered by defendant’s manager resident at Minneapolis while acting within the scope of his authority. The case was tried before Steele, J., who at the close of the testimony denied defendant’s motion for a directed verdict, 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 St. Louis county to determine adverse claims to vacant and unoccupied real estate. Defendant Oliver Iron Mining Company in its answer alleged that it was owner of the full equitable and beneficial one-eighth (%) undivided interest in the land and prayed for judgment that it was such owner. The case was tried before Cant, J., who made findings and ordered judgment in favor of plaintiffs.

Action for divorce in the district court for St. Louis county. The case was heard before Eesler, J., who made findings and ordered judgment in favor of plaintiff. Defendant’s motion to strike out the first conclusion of law and insert therein that the action be dismissed, or for a new trial, was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Dakota county to cancel certain deeds and mortgages and the record of the same in the office of the register of deeds for that county. The answer specifically denied that the deeds were procured from Mary Shaughnessey by fraud or undue influence.

Action by Alice Yolk Pettis in the district court for Le Sueur county to recover possession of a deed from defendant Mary McLarne to plaintiff, and to decree plaintiff to be the owner in fee of the premises, subject to the life estate of defendant Mary McLarne. The answer alleged that the deed had never been delivered to plaintiff or to any other person for her use and benefit. After the death of plaintiff the administrator of her estate was substituted as plaintiff.

Action in the district court for Ramsey county to recover excess charges upon seven carloads of fence posts shipped over defendant’s road. . The case was tried before Olin B. Lewis, J., who made findings and ordered judgment for $57.13 with interest, in favor of plaintiff. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Andrew Trovaton filed a claim against Pennington county for the sum of $58.76. From the action, of the county board, in disallowing it, he appealed to the district court for that county where the appeal was heard upon stipulated facts by Grindeland, J., who ordered judgment for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.

Upon the relation of the city of St. Paul the district court for Ramsey county granted its alternative writ of mandamus commanding the Chicago, Milwaukee & St. Paul Railway Company to begin the work of depressing its tracks at the point where they cross Seventh street in that city in accordance with the provisions of Ordinance No. 3013 of relator city. The respondent made answer, among other matters, that its line of railway was constructed pursuant to Sp.

Hpon the relation of Hennepin Holding Company the supreme- court granted its writ of certiorari to review the action of the Minnesota Tax Commission denying the application of relator for correction of the 1916 valuation and assessment by the city assessor of Mineapolis upon relator’s leasehold interests in certain real estate in that city.

Action in the district court for Hennepin'county to recover $15,000 for personal injury received in a collision with a motor truck belonging to defendant and $700, the value of plaintiff’s automobile. The amended answer alleged that plaintiff operated his automobile at a dangerous rate of speed and without regard to the rights of travelers and vehicles.

Action in the district court for Hennepin county for the appointment of a receiver for defendant corporation. After receivers had been appointed, and upon application of Commercial Security Company, on May 26, 1913, they were ordered to pay to applicant moneys collected and to be collected by them from monthly payments upon piano contracts. The further history of the litigation is stated in the opinion.

Action in the district court for Hennepin county to recover $1,280. The facts are stated in the first and second paragraphs of the opinion. The case was tried before Waite, J., and a jury which returned a verdict for $1,662.28. Prom an order denying his motion for a new trial, defendant appealed.

Action in tlie district court for Ramsey county to recover $50,000 for personal injury received by plaintiff minor. The answer alleged that the injury resulted directly from plaintiff’s own carelessness and his failure to exercise ordinary care to avoid injury, and that, if he was riding in the manner alleged in the complaint, ;he assumed the'risk of injury to himself.

From a decree of the probate court for Hennepin county, Dahl, J., assigning the residue of the estate of Lydia Ann May, deceased, Cora L. Barney, as heir at law of decedent, appealed to the district court for that county. The appeal was heard before Steele, J., who amended the decree of the probate court so that the personal property assigned to Fred M. May was assigned to Fred M. May and Cora L. Barney, share and share alike.

Action in the district court for St. Louis county to recover $3,000 upon defendant’s benefit certificate upon the life of John Swanson. The answer denied that the insured was dead; The case was tried before Hughes, J., 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. Prom the judgment entered pursuant to the verdict, defendant appealed.

Action for divorce in the district court for Aitkin county. From an order, Stanton, J., directing defendant to pay temporary alimony of $50 per month to plaintiff and $75 for attorney’s services, with provisions for the custody of the minor children, defendant appealed.

Action in the district court for Ramsey county to recover $6,100 for personal injmy received while alighting from one of defendant’s street cars. The case was tried before Leary, J., who when plaintiff rested denied defendant’s motion to dismiss the action and át the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,500.

The parties to a controversy submitted to the district court for Ramsey county an agreed statement of facts, pursuant to G. S. 1913, § 7930. The matter was heard by Brill, J., who ordered judgment in favor of the executor of the last will and testament of Martha A. Miller, deceased. From the judgment entered .pursuant to the order for judgment, plaintiff appealed.

Defendant appeared specially before the district court for Traverse county and moved the court to set aside the service of summons in this action because the same was invalid, in that he was served while in Minnesota for the purpose of attending the taking of a deposition as attorney in an action then pending in the circuit court for South Dakota. The motion was denied, Flaherty, J. From the order denying the motion, defendant appealed.

Upon the relation of Era Bond the district court for McLeod county granted its writ of habeas corpus directed to respondent as sheriff of Hennepin county. The matter was heard by Morrison, J., who denied respondent’s motion to quash the writ and remand the prisoner to his custody, sustained the writ, and discharged the prisoner. Prom the order sustaining the writ, and discharging the prisoner, respondent sheriff appealed. Motion to dismiss appeal denied.

From an order of the Railroad and Warehouse Commission, granting the petition of A. C. Ochs, doing businéss as A. C. Ochs Brick & Tile Company, for an order requiring the railway company to construct certain side tracks at petitioner’s plant, the Chicago & Northwestern Railway Company appealed to the district court for Brown county. The appeal was heard before Olsen, J., who made findings affirming the order of the commission.

Action in the district court for Eamsey county against defendants as executors of the last will and testament of Emma A. Ford, deceased, to obtain the decree of the court that plaintiff was the owner of a certain city lot belonging to testator and that the legatees named in the will had no interest therein. The case was tried before Orr, J., who made findings and ordered judgment in favor of plaintiff. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Nobles county to enforce specific performance of an agreement to exchange property, and to recover $2,000 damages for withholding the property. The facts are stated in the opinion. The case was tried before Nelson, J., who when plaintiff rested denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of defendant for $3,119.13. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county by the receiver of the Winslow Eurniture & Carpet Company to recover $7,000 assessment upon defendant’s shares of stock in that company. The facts are stated in the opinion. The ease was tried before Michael, 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 $531.25, The case was tried before Molyneaux, J., who made findings and ordered judgment for $31.25 in favor of plaintiff. From an order denying his motion to amend the findings or for a new trial, plaintiff appealed.

Action in the district court for Becker county to recover $1,191.24 upon defendant’s bond as surety for Torvald Nelson, as guardian of plaintiff. The answer set up the defense mentioned in the second paragraph of the opinion. The case was tried before Roeser, J., who made findings and ordered judgment in favor of plaintiff for $1,181.34. From the judgment entered pursuant to ,the order for judgment, defendant appealed.

Action in the district court for St. Louis county under G. S. 1913, § 8090, to recover $795.36 as treble damages for timber unlawfully cut from plaintiff’s land. Defendant’s appeal from the taxation of costs and disbursements was heard by Hughes, J., and affirmed. From the judgment entered pursuant to the order for judgment, defendant appealed.

From an order of the probate court for Hennepin county, Dahl, J., admitting to probate the last will and testament of Helen M. Griggs, deceased, and from an order appointing Frank A. Bovey executor of the will, Addie L. Seccomb, Grace Seccomb Wallace, Bertha Seccomb Hunt and Hilda Seecomb Fox appealed to the district court for that county. The appeals were heard by Hale, J., who made findings and affirmed the orders of the probate court.

From the final decree of the probate court for Marshall county, Holm, J., assigning the residue of the estate of Charles McAllister, deceased, to Fannie S. McAllister, widow of said decedent, Edward A. Mechling and John H. McAllister appealed to the district court for that county. The .appeal was heard before Grindeland, J., who made findings and affirmed the decree of the probate court. From the judgment entered pursuant to the order for judgment, appellants appealed.

Action in the district court for Hennepin county to recover $965.80, the value of a carload of flour shipped over defendant’s road to Belling-ton, West Virginia.

Action in ejectment in the district court for Goodhue county and to recover $500 damages for withholding possession of the premises. The answer set up the facts in relation to her husband, Sidney E. Lindel!, stated in the first paragraph of the opinion.

Action in the district court for Ramsey county to recover $50,000 for personal injury received at a highway crossing in the city of Chicago in a collision between an automobile in which plaintiff was riding and one of defendant’s trains driven at excessive speed. The answer set up the contributory negligence of plaintiff. The case was tried before Hanft, J., and a jury which returned a verdict for the amount demanded.

Action in the municipal court of St. Paul to recover $290. The substance of the answer is found in the first paragraph of the opinion. The case was tried before Boerner, J., and a jury which returned a verdict for $85. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the verdict, defendant appealed.

From a final decree of the probate court for Nicollet county, Moll, J., assigning the residue of the estate of Ernest Miller, deceased, and particularly that part allowing legacies to Lena Klossner and Mary Kramer and refusing to allow the account of appellant as executor, William Miller appealed to the district court for that county.

Action in the district court for Ramsey county to recover $4,500 for personal injury received in the department store of defendant corporation. The answer alleged that if plaintiff sustained any injury it was caused by her own negligence and failure to observe her surroundings. The' case was tried before Michael, J., who directed a verdict in favor of defendant. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Scott county, by the representative of the estate of Herman Peterson, deceased, to recover $7,500 for the death of his decedent and $315.47 for his funeral expenses. From an order, Morrison, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Defendant was indicted by tbe grand jury for the crime of selling intoxicating liquor without a license, tried in the district court before Watts, J., and a jury which found defendant guilty as charged in the indictment. From an order denying his motion to dismiss the action or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $19,400. The facts are stated in the opinion. The case was tried before Michael, J., who at the close of the testimony granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Action for divorce in the district court for Steele county. The case was tried without any appearance on behalf of defendant before Childress, J., who ordered judgment in favor of plaintiff. Plaintiff obtained an order requiring defendant to show cause why the orders specifled in the second paragraph of the opinion should not be made. From the order made after the hearing of the order to show cause, defendant appealed.

Two actions in the district court for Hennepin county, one to recover $1,032.61 for damage to a shipment of potatoes over defendant’s road to New Orleans, Louisiana, and the other to recover for damage to two shipments to St. Louis, Missouri.

Action in the district court for Aitkin county to set aside a patent from the state of Minnesota to defendant and to adjudge that plaintiff is the owner of the legal title to the lands described as against the defendant. The facts are stated in the opinion. The case was tried before Wright, J., who made findings and ordered judgment in favor of defendant. Plaintiff’s motion for additional findings was granted in part and denied in part.

The Minnesota Loan & Trust Company, as executor of the last will and testament of Curtis H. Pettit, deceased, petitioned the probate court for Hennepin county for the allowance of its final account of its administration, and for the assignment of the residue of the estate to the persons entitled thereto.

Action in the district court for McLeod county by the guardian of Josephine Cherveny against Anna A. Cherveny, Louis Cherveny, Frank Cherveny and Elizabeth Cherveny to recover $115, the value of certain supplies due to his ward under the written contract set out in the opinion. The case was tried before Morrison, J., who made findings and ordered judgment in favor of defendants. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to set aside a certain judgment against plaintiff in favor of defendant entered in the district court for Scott county and sale on execution thereunder. From an order, Morrison, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Upon the relation of Alva E. Hunt the district court for Chippewa county granted its writ of certiorari to review proceedings by the council of the city of Montevideo in condemning land for an alley. The matter was heard by Qvale, J., who granted respondent’s motion to quash the writ on the ground that it was prematurely issued and relator had a right of appeal. From the judgment entered pursuant to the order of dismissal, relator appealed.

From an order of the board of county commissioners of Sibley county, denying a petition for the enlargement of Independent School District No. 71 of that county, J. C. Farrell, a resident and legal voter of that district, appealed to the district court for that county, on the ground that the action of the board was against the best interests of the territory affected and of the inhabitants thereof.

Action in the district court for Ramsey county to recover $61,250 as rent accrued on and after October 20, 1910, under a mining lease to defendants upon land the title to an undivided interest in which had been adjudged to be in plaintiffs.

Action in the district court for Aitkin county to decree that plaintiff-was the owner of certain land and that defendant Shepard held the title thereto in trust for him, for an accounting of the amount due the state upon certain land contracts, and in case 'specific performance could not be enforced to recover $1,280 damages. The facts are stated in the opinion.

Action in the district court for Hennepin county to recover $15,000 for malpractice. The case was tried before Leary, J., who at the close of the testimony 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 the district court for Ramsey county to cancel plaintiffs benefit certificate in favor of defendant and to restrain him and the beneficiary named therein from attempting to enforce it. The facts are stated iü. the opinion. The case was tried before Kelly, J., who made findings and ordered judgment in favor of defendant. Plaintiffs motion for additional findings ivas granted. Plaintiffs motion for a new trial was denied.

Action in the district court for Cass county. The answer set up counterclaims and demanded judgment for $5.69. The case was tried before Wright, J., and a jury which returned a verdict for $1.69 in favor of defendant. Two motions by plaintiff for a new trial were denied. From the order denying the second motion and from the judgment entered upon the verdict, plaintiff appealed.

Appeal by defendant from an order of the district court for Ramsey county denying its motion for judgment notwithstanding the verdict or for a new trial. Motion by appellant for a continuance until the next term of court.

Abatement proceedings by the county attorney for Hennepin county in the district court for that county. The matter was heard before Hale, J., who made findings enjoining the further use of the premises as a disorderly house, and imposing a penalty of. $300 against the proprietor and against Goldstein & Smiloweitz, copartners and interveners. From the judgment entered pursuant to the order for judgment, defendants appealed.

Application to the district court for Itasca county by the Itasca Lumber Company to register title to real estate. Allie M. Johnson filed his separate answer and alleged that he was the owner in fee simple of part of the land described. The matter was heard before Stanton, J., who made findings and ordered judgment in favor of applicant.

Action in the district court for Scott county to recover $1,100 for damage to plaintiff’s automobile and loss of chattels. From an order, Morrison, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for Polk county. Defendant obtained an order requiring plaintiff to show cause why a writ of attachment should not, be vacated and why the property seized thereunder should not be released. From an order, Watts, J„ vacating the attachment and releasing a gray mare seized under it, plaintiff appealed.

Action in the district court for Scott county to recover $500 for assault and battery. The ease was tr-ied before Morrison, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Sibley county. Plaintiffs procured an order requiring defendant to show cause why an order dismissing the action for want of prosecution should not be vacated and the cause placed upon the calendar for trial. The motion was heard by Morrison, J., and granted on condition that plaintiffs pay defendant $68 for the expenses of a witness whom defendant had in attendance, and $10 costs. From an order granting the motion, plaintiffs appealed.

Application to the district court for Washington county to amend a decree of divorce so that defendant Grant Waldref might visit his minor child. The application was opposed by plaintiff. The matter was heard before Nethaway, J„ who denied the motion. From the order denying the appli- • cation, defendant appealed.

<p>Appeal by plaintiffs from an order of the district court for Nobles county.</p>

Action in the district court for Scott county to recover $2,600.03 for malicious prosecution. The case was tried before Morrison, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for -Hennepin county to recover $500 for false representations in the sale of an automobile.. The case was tried before Daly, X, of the Twelfth judicial district, who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $374.75. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county against the partners doing business as McKenney Dental Company, George E. Budd and Thomas Ryan to recover $5,00(1 for negligence in the treatment of plaintiff’s teeth. The case was tried before Fish, J., and a jury which returned a verdict for $400. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Upon the relation of Elim P. Ploren the district court for Hennepin county granted its alternative writ of mandamus directing the Displayograph Company and others to allow relator and his attorneys opportunity to inspect all the records of that corporation and to take copies of such portions as they desired. The respondents made answer and the matter was heard' before Hale, J., who made the alternative writ peremptory.

Action in the municipal court of Hennepin county upon a promissory note. From an order, Hale, J., sustaining a demurrer in favor of plaintiff and against defendants, defendants appealed.

Action in justice court by the partners doing business as C. Wise & Sons to recover $11.35. From the judgment in favor of plaintiffs, defendant appealed on questions of law alone to the district court for Wabasha county. The appeal was héard before Granger, J., who made findings and affirmed the judgment entered in justice court. From the judgment entered in district court pursuant to the order for judgment, defendant; appealed.

Action in the district court for Ramsey county to recover $900 upon a promissory note. The case was tried before Hanft, J., and a jury which'returned a verdict for $951.75 against Thomas J. Baldwin and for $727.93 against Riegel & Roe. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $4,000. From an order sustaining a demurrer to the amended complaint, Michael, X, plaintiff appealed.

Action in the district court for Waseca county against the National Surety Company and Minneapolis & 'St. Louis Railroad Company to recover $75,000 for defamation.