Volume 136 — Minnesota Reports

Action in the district court for Hennepin county to restrain defendant from interfering with plaintiff’s property in the matter of widening Seventh street north in defendant city. The answer set up the proceedings taken by the city in proceedings to condemn the land in question. Plaintiff obtained an order requiring defendant to show cause why a temporary restraining order should not issue.

Action in the district court for Ramsey county by the trustee in bankruptcy of the Acme Tag & Manufacturing Company to recover $44.20. The case was submitted upon stipulated facts to Dickson, J., who ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to obtain a warranty deed of the land conveyed by plaintiff to defendant, to recover $1,239.80 and to cancel a land contract between the parties.

Action in the district court for Carver county against the executor of the estate of Arne Erickson, deceased, to recover $1,990.45 upon two promissory notes executed by decedent, and upon a judgment against defendant entered in the circuit court for Wisconsin. The case was tried before Morrison, J., who granted plaintiff’s motion for a directed verdict. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $400 for money paid as rent. The case was tried before Steele, J., who at the close of the testimony denied motions for directed verdicts, made findings and ordered judgment in favor of defendant. From an order denying their motion for amended findings or for a new trial, plaintiffs appealed.

Action in the district court for Lincoln county by the sheriff of that county to recover possession of the sheriff’s residence and the county jail, and to recover $3,240 damages for withholding possession from him and $2,000 damages for defendant’s failure to procure such residence. The case was tried before Olsen, 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 the district court for Meeker county by the receiver of the Ardmore Electric Company to recover $100 in payment of an assessment upon the capital stock of the insolvent company held by defendant. From an order, Daly, J., sustaining plaintiff’s demurrer to the answer, defendant appealed.

Action in the district court for Ramsey county, to recover on eight promissory notes. The case was tried before Hanft, J., who at the close of the testimony denied defendant’s motion to dismiss the action and motions for directed verdicts, and a jury which returned a verdict for $6,402.98. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Stevens county for reformation of defendant’s policy of insurance and to recover $1,050 upon the policy. The case was tried before Flaherty, J., who'made findings and ordered judgment in favor of plaintiff for the sum of $1,000. Defendant’s motion to amend the findings and order for judgment was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

<p>Commerce — contract of foreign corporation unenforceable.</p> <p>A contract 'by a foreign corporation, wbicb has not complied with the laws of this state so as to entitle it to transact its business therein, for the sale and shipment to a resident of this state of a certain machine, coupled with an agreement to install the same in a building of the purchaser in this state, is not protected as an interstate commerce transaction, for the agreement for the installation of the machine, not iReported in 161 N. W. 215. being a necessary or an essential part of the contract of sale, requires the doing of business in this state, and renders the whole contract unenforceable in the courts of this state.</p>

Action in the district court for Ramsey county to recover $2,500 for personal injury to plaintiff’s minor child. The facts are stated in the opinion. The case was tried before Brill, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $462.50 in favor of plaintiff. Defendant’s motion for a new trial was granted, unless plaintiff consented to a reduction of the verdict to $350.

Action in the district court for Hennepin county to recover $7,300 for breach of contract. The case was tried before Fish, J., who when plaintiffs rested granted defendant’s motion to dismiss the action. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Ramsey county to recover $500. The answer alleged that defendant did not retain control of the contractor’s m'ethod of doing the work mentioned in the opinion, and in the performance of it the contractor was an independent contractor; that the culvert in question was not constructed or maintained by defendant, and defendant was not aware of its existence.

Upon the relation of Edward Tinglestad, this court granted its writ of certiorari directed to the judges of the Seventh judicial district to review the decision of Parsons, J., in a proceeding under the Workmen’s Compensation Act brought by relator, as employee, against John Lauritzen, as employer.

Action in the district court for Hennepin county. The facts are stated in the opinion. Plaintiff’s motion to strike out portions of the joint and several answers of defendants and then for judgment upon the pleadings as for want of an answer, was heard by Dickinson, J., who granted it and ordered judgment in favor of plaintiff for $6,500. From the order granting the motion, defendant J. L. Owens Company appealed.

Action in the district court for St. Louis county. The court, Dancer, J., ordered judgment in favor of defendant Grande for $91.68, of which sum $58.87 was declared a specific lien upon the premises described in the complaint. His motion for amended findings was denied. From the judgment entered pursuant to the order for judgment, defendant Grande appealed.

Emma M. Baxter, an executrix named therein, deposited with the probate court for Hennepin county the last will and testament of Stephen H. Baxter, deceased, and petitioned for its allowance. Brinton C. Baxter, a nephew of decedent, filed objections. From an order, Dahl, J., allowing the will, Brinton O. Baxter appealed to the district court for Hennepin' county.

Frank Hunstiger appealed to the district court for Stearns county from an order of the town board of the town of St. Cloud, denying his application for a license to conduct a rendering plant at a designated place in that town.

Action in the district court for Stearns county to recover $2,720 for personal injuries received while driving at night along a public street. The defendant city obtained an order directing Holy Angels Congregation, a religious corporation, and the individual members of its special building committee, to show cause why they should not be made additional parties to the action.

Action in the district court for Hennepin county to recover $375, an attorney’s fee of $50, and to determine the validity and amount of the liens of defendants, and to enforce them by a sale of the premises described. The case was tried before Jelley, J., who found that plaintiff was not entitled to a lien on the premises, but ordered a sale of the premises to satisfy the liens of the John H. Rowe Lumber Company and other corporations.

Action in the district court for St. Louis county to recover $2,500 paid to defendant.

Walter W. Rogers, Herbert V. Rogers and Herman L. Benz petitioned the probate court for Hennepin county for the allowance of a will of John E. Rogers, deceased, which was executed in the year 1905. The will was duly admitted to probate and the petitioners on February 26, 1912, qualified as executors. On February 28 they were authorized by order of the probate court to carry on the hotel and other business of testator.

Action in the district court for Hennepin county by plaintiff in behalf of herself and all other creditors of the J. L. Owens Manufacturing Company, a corporation, to sequestrate the property of the corporation and for the appointment of a receiver for the same.

Action in the district court for Hennepin county to 'recover $75,000 for personal injury received while in the employ of defendant as car repairer. The answer to the amended complaint set up the two allegations mentioned in the first paragraph of the opinion.

Action in the district court for Itasca county to recover $5,000 upon promissory notes. The substance of the separate answer of defendant Utman will be found in the second paragraph of the opinion. From an order, Stanton, J., sustaining plaintiff’s demurrer to his answer, defendant Utman appealed.

Action in replevin in the district court for Itasca county or, if possession of the property could not be had, to recover $800, its value, and $300 for its detention. The ease was tried before Stanton, J., who when plaintiff rested and at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $806.24, less four items in dispute amounting to $181.32.

Action in the district court for Hennepin county by . the receiver of Minnesota Title Insurance & Trust Company, insolvent, to recover $3,-875, the amount of an assessment of $50 per share ordered by that court on May 27, 1915, upon 77% shares of capital stock of the insolvent corporation owned by defendant. From an order, Molyneaux, J., overruling a demurrer to the complaint, defendant appealed.

Action in the district court for Hennepin county by the partners doing business as Gale-Gunner Lumber Company against Melin Brothers, Inc., and others, to foreclose a mechanic’s lien. The facts will be found in the opinion.

Action in the district court for Waseca county to set aside a deed from Knute O. Hagen, father of plaintiffs, to Ephraim Hagen. The case was tried before Childress, J., who made findings and dismissed the action. From an order denying their motion for amended findings and conclusions of law or for a new trial, plaintiffs appealed.

From an order of the probate court for Dakota county, Moran, J., assigning the residue of the estate of Mary O’Leary, deceased, to her children, Annie O’Leary, Mary Foley, Bridget Manning, Daniel O’Leary and John O’Leary, Lodowic D. Hause appealed to the district court for that county. - The appeal was heard by Converse, J., who reversed the the decree of the probate court, and assigned the residue of the estate to John O’Leary, Jr., son of the testatrix, subj'eet to the…

Action in the district court for Stearns county to recover $5,500 under a policy insuring Roy W. Hylaman against death. The case was tried before Roeser, J., who when plaintiff rested denied defendant’s motion for a dismissal and at the close of the testimony its motion for a directed verdict, and a jury which returned a verdict for $5,703.50. 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 $2,050 for the loss of an automobile caused by the negligence of defendant. The case was tried before Waite, J., and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for a new trial was denied, and defendant’s motion to amend the answer by inserting an allegation that the damage was caused by the negligence of plaintiff, was granted.

Action in the district court for Clay county to recover $225 for professional services in a ditch proceeding. The case was submitted upon stipulated facts to Roeser, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant’s motion to amend the conclusion of law was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Upon the relation of Ealph Hilton and others the district court for Blue Earth county granted its writ of certiorari to review the proceedings of William H. Compton and others, as the board of county commissioners of that county, in establishing a certain ditch known as Main B with laterals and branches. After hearing before Comstock, J., the writ was discharged. From the order discharging the writ, relators appealed.

Upon the relation of Globe Indemnity Company and John Wunder Company the supreme court granted its writ of certiorari to review the action of the district court for Hennepin county, Jelley, J., in a proceeding under the Workmen’s Compensation Act begun by Peter Turco, employee, against John Wunder Company, employer, and Globe Indemnity Company, insurer.

Upon the relation of the city of Breekenridge the supreme court granted its writ of certiormi to review the action of the district court for Wilkin county, Flaherty, J., in setting aside a judgment upon the pleadings entered in that court in an action by Mamie Bovie, as administratrix of the estate of Delbert John Bovie, deceased, against relator, under the provisions of the Workmen’s Compensation Act, and granting plaintiff relief therein.

Action in the district court for Rice county to recover $20,000 for personal injury received while in the employ of defendant. The case was tried before Childress, J., who when plaintiff rested denied defendant’s motion to dismiss the action and- at the close of the testimony its motion for a directed verdict, and a jury which returned a verdict for $17,500.

Action in the district court for Stearns county to recover $5,000, and to enjoin defendant from using certain premises as a stockyard. The facts are stated in the opinion.

Upon the relation of the city of Minneapolis the district court for Hennepin county granted its alternative writ of mandamus commanding defendant to lay a creosoted wood block paving, on a concrete foundation, upon the driveway on the northwesterly approach to a certain bridge in that city over defendant’s railway tracks. The matter was heard before Steele, J., who made findings and ordered a peremptory writ.

Action in the district court for Ramsey county against defendant, an unincorporated association composed of delegates from the various unions of the building trades, and its officers, and members of its executive board, and others, to recover $25,000 and to restrain defendant council, its officers and members and all other persons acting in conjunction with them, from conspiring together to restrain trade in the building business in such manner as to injure plaintiff, and to…

Action in the district court for Hennepin county by the administrator of the estate of Jerald Brown, deceased, to recover $7,500 for the death of his intestate. The answer alleged that the death was caused solely by the negligence of plaintiff’s intestate and of his parents in their failure to exercise due care to see that their child played or went in a safe place, and not by reason of any negligence of defendant.

Action in the district court for.Hennepin county by the executrix of the estate- of George W. Peavey, deceased. The facts are stated in the opinion. The case was tried before Jelley, J., who made findings and ordered judgment in favor of plaintiff. The motions of plaintiff and defendants to amend the findings and conclusions of law were denied. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court for Ramsey county to recover $680 under a written contract for the support of plaintiff, defendant’s wife, during the term: of her natural life or while the separation agreed on in the contract continued. The answer set up an absolute subsequent divorce obtained by defendant. The case was tried before Michael, J., who made findings and ordered judgment for $200 in favor of plaintiff.

Action for divorce in the district court for St. Louis county. The case was tried before Ensign, J., who made findings, denying plaintiff a divorce, giving her the custody of the children, and directing defendant to pay her $15 per month for their support. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county against Motion Picture Machine Operators Union of Minneapolis, Local 219, International Alliance Theatrical Stage Employees, an unincorporated society, and certain members of defendant association as individuals, and in behalf of all other members of the association, to restrain defendants from displaying a sign “unfair to organized labor” before plaintiffs place of business, and to recover $1,300 damages.

Action in tbe district court for Dodge county against George R. Norton, the First State Bank of Mantorville, National Bank of Kasson and American Surety Company, to obtain a decree that plaintiff was entitled to $10,500 out of the sum of $21,000 allowed to plaintiff and defendant. as their compensation as executors of the last will and testament of Teunis S. Slingerland, deceased.

Action in tbe district court for Hennepin county by the partners doing business as Long, Lamoreaux & Long to recover $3,900 as architects’ fees. The answer was a general denial. . The case was tried before Dickinson, J., who when plaintiffs rested denied defendants’ motions for a directed verdict and a jury which returned a verdict for $2,760. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Hubbard county against Western Union Telegraph Company, Northwestern Telephone Exchange Company and J. E. Treat to recover $25,000. The facts are stated in the opinion. The ease was tried before Wright, J., who when plaintiff rested denied separate motions to dismiss the action and at the close of the testimony separate motions for directed verdicts, and a jury which returned a verdict for $10,000.

Action in the district court for Hennepin county to recover $2,000 obtained from plaintiff by fraudulent representations and $3,000 damages. The answer denied the fraud and claimed a forfeiture of the money paid by plaintiff by reason of his failure to perform his contracts with defendants.

Action in the district court for Swift county to recover $1,366.50 for services performed by plaintiff: for the father of defendants. The case was tried before Daly, J., who at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $1,111. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Morrison county to determine adverse claims to vacant and unoccupied premises, and if the title of plaintiff to the premises were declared invalid to recover the amount of taxes, penalties and costs paid by him or his assignors. In her separate answer defendant Gatehell alleged that she was the owner in fee of the premises.

Action in the district court for Hennepin county by the partners doing business as E. Lowitz to recover $1,100 paid by plaintiffs upon a draft to which was attached a bill of lading issued by defendant for a car of corn, shipped from Minneapolis to Chicago. The answer alleged that when the purported bill of lading was delivered to the shipper the car of corn had not been received by defendant for transportation, and that the bill of lading was void.

J. J. Miller and others appealed to the district court for Yellow Med7 ieine county from the decision of the judges of election declaring contestee John M. Maier elected town supervisor of the township of Hammer in that county. The appeal was heard before Daly, J., who at the close of the testimony granted the motion of the contestee to dismiss the contest, and in its order for judgment made the findings which are given in the third paragraph of the opinion.

Action in the district court for Hennepin county to recover $17,974.06 and to foreclose by sale the mechanics’ liens upon the premises described, and for the appointment of a receiver to take charge of the premises, buildings and material on behalf of the lien claimants. Plaintiff obtained an order to show cause why a receiver should not be appointed to protect and manage the premises in behalf of the lien claimants.

Action in the district court for St. Louis county to determine adverse claims to certain vacant and unoccupied land. The separate apswer of defendant Maher alleged that he was the owner in fee simple of an undivided one-third interest in the land, and the separate answer of R. Noble Day alleged that he was the owner in fee simple of an undivided two-thirds interest in the land. The case was tried before Cant, J. who made findings and ordered judgment in favor of defendants.

Action in the district court for Ramsey county by the trustees under the will of John L. Merriam, deceased, for an allowance of their accounts. Lillian A. Coleman, formerly Lillian A. Merriam, filed a complaint in intervention and prayed for a decree of court setting aside the assignment referred to in the opinion and allotting to intervener her full . distributive share of the trust funds as sole legatee, devisee and heir at law of John W. Merriam, deceased.

Action in the district court for Hennepin county to recover $5,500. The case was tried before Fish, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying his motion for a new trial, defendant appealed.

Action of ejectment in the district court for Carlton county and to recover $245 damages. The case was tried before Eesler, J\, who when plaintiff rested denied defendants’ motion to dismiss the action and their motion for a directed verdict in their favor, and a jury which returned a verdict in favor of plaintiff for the recovery of possession and assessing his damages at $96.50.

Upon the relation of A. L. Goetzman, E. E. Crandall and George D. Eogers, individually and as representing others similarly situated, the supreme court granted its writ of certiorari to review the action of the Minnesota Tax Commission in denying a correction of the personal property assessment made against relators in the city of Minneapolis for certificates of membership in the Minneapolis Chamber of Commerce.

The grand jury for Sherburne county returned two indictments against defendant, charging him with carnal knowledge of a female child under 14 years of age. When placed on trial in the district court for that county before Giddings, J., he entered a plea of not guilty and of former acquittal. The plea of former acquittal was disallowed, and defendant was convicted by a jury. Defendant’s motion for a new trial and for arrest of judgment was denied.

Upon the relation of John L. Sammons this court granted its writ o£ certiorari to review the order of Nelson, J., as judge of the Thirteenth judicial district, in proceedings to establish Judicial Ditch No. 18 in Cottonwood county.

Action in the district court for St. Louis county to recover $50,000 for services rendered at the request of defendant as an explorer of timber, mineral and other lands. The case 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 $15,000. From an order granting defendant’s motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in the district court for St. Louis county to recover $3,071.25 for work and labor in repairing certain streets in defendant' city. The answer alleged that the work was done pursuant to the terms of a contract between the parties and that plaintiff had been paid in full. The case was tried before Ensign, J., who made findings and ordered judgment in favor of plaintiff for $437.50. Plaintiff’s motion for additional findings was granted.

Action in tbe district court for Mabnomen county to determine the amount due under a certain contract for the sale of land, and that, upon paying such amount to the person entitled thereto, the owner be required to convey to plaintiff. The case was tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff. Defendants’ motion for amended findings was denied. Plaintiff’s motion for additional findings was granted.

Action in the district court for St. Louis county to recover $1,600 upon defendant’s policy of insurance.

Two actions in the district court for Hennepin county, one by the administrator of the estate of Anna Kokesh, deceased, to recover $7,500 for the death of his intestate, and the other in his individual capacity to recover $15,000 for loss of services of his wife. The facts are stated in the opinion. The case was tried before Steele, J., and a jury which in the case of the administrator returned a. verdict for $3,500, and in the other case a verdict in favor of defendant.

Action in the district court for Marshall county by the receiver of the McMahan Telephone Company, insolvent, to recover $3,000 upon an assessment on 30 shares of stock of the insolvent corporation owned by defendant, pursuant to Gt. S. 1913, § 6646. The answer specifically denied that defendant was the owner of any shares of stock of the insolvent. The ease was tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded.

Action in the district court for Ramsey county to recover $434 for injury to plaintiff’s property occasioned by a collision with a street car of defendant operated in violation of Ordinance 1652 of the city of St. Paul regulating the speed of such cars. The answer alleged that the injury was caused by the negligence of the driver of plaintiff’s team. The case was tried before Michael, J., who when plaintiff rested granted defendant’s motion to dismiss the action.

Action in the municipal court of Mankato to recover a balance of $79.05 due upon a sale of merchandise and junk. The defense set up in the answer is stated in the first paragraph of the opinion. The case was tried before Plymat, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant’s motion to amend the findings and conclusions or for a new trial was denied.

From an order, Flaherty, J., of the district court for Wilkin county, granting the motion of defendant Caroline H. Addison to vacate a judgment entered against her by default and granting her leave to serve and file her proposed answer, provided she paid plaintiff’s attorney the sum of $20, plaintiff appealed.

Action in the district court for Chippewa county by the administrator of the estate of Halvor N. Bergh, deceased, to recover $125 for the conversion of certain chattels. The ease was tried before Qvale, J., who made findings and ordered judgment in favor of plaintiff for $75. From the judgment entered pursuant to the order for judgment, defendant appealed.

Defendant was indicted by the grand jury of the crime of murder in the first degree, was tried in the district court for Hennepin county before Molyneaux, J., and convicted by the jury of the crime of manslaughter in the first degree. Defendant’s motion for a new trial was denied. From the judgment of conviction and from an order denying his motion for a new trial, defendant appealed.

Ir the matter of the estate of John E. Byrnes, deceased, Anna Byrnes, his widow, Thomas E. O’Brien, administrator of his estate in the state of Vermont, and Frank Adams, claiming to be a creditor of the estate, in the probate court of Meeker county filed objections to a claim of Mary Ann Murphy. The claim was allowed, and from the allowance appeals to the district court of that county were taken by Anna Byrnes and Thomas E. O’Brien.

Upon the relation of Marshall McMonagle, the district court for Meeker county granted its writ of habeas corpus directed to Mike Konshak as sheriff of that county. On the return day the court, Qvale, J., quashed the writ. From the order quashing the writ, relator appealed.

In the matter of the estate of Mary Fridley Price, deceased, the Farmers and Mechanics Savings Bank of Minneapolis, and two other banks, petitioned the probate court for Hennepin county to vacate its findings and decree of December 8,1915, so far as they found that any order, proceeding or act of that court prior to November 1, 1915, in the matter of the estate, was without jurisdiction or void, except the order allowing the final account of Frederick T. Price as…

Action in the district court for Stevens county to recover $100,000 for alienation of affections of plaintiff’s wife. Plaintiff’s motion to strike from the answer that part of it which quoted the finding of the district court for Ramsey county in.an action of divorce between plaintiff and plaintiff’s wife was granted, Flaherty, J. From the order granting plaintiff’s motion, defendant appealed.

Action in justice court to recover a balance of $19.80 for goods, wares and merchandise sold. From the judgment of the justice in favor of plaintiff, defendant appealed to the municipal court of St. Paul, where the appeal was heard before Finéhout, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying his motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury, tried in the district court for Hennepin county before Fish, J., and a jury, and convicted of the crime of carnal knowledge of a female child of the age of 14 years. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to foreclose a chattel mortgage to secure the payment of $3,490. The case was tried before Hughes, J., who made findings and ordered judgment in favor of defendants. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Bamsey county to obtain the decree of court declaring a certain trust in favor of plaintiff terminated and to obtain the property held by defendant as trustee of that trust. The case was tried before Ilanft, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion for a hew trial, defendant appealed.

Defendant was accused of violation of a short weight ordinance of the city of Minneapolis, tried in the municipal court before Bardwell, J., who when the state rested denied defendant’s motion to dismiss the ease on the ground that the complaint did not state a cause of action, adjudged defendant guilty and imposed a fine of $100. Prom an order denying its motion for a new trial, defendant appealed.

Action in the district court for Nobles county to restrain defendant from using or occupying any portion of a certain street in the village of Worthington. The case was tried before Nelson, «L, who made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in tlie district court for Ramsey county to recover a balance of $13,300 due for services in obtaining a purchaser for defendant’s land. The case was tried before Brill, J., who at the close of the testimony denied motions for instructed verdicts, and a jury which returned a verdict for $14,232.99. Defendant’s motion for jiidgment notwithstanding the verdict was granted. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Clay county to recover $309.53. The answer demanded judgment for $350.18. The facts are stated in the opinion. The case was tried before Nye, J., and a jury which returned a verdict for $250.90 in favor of plaintiff. Defendants’ motion for a new trial was denied. From the judgment entered pursuant to the verdict, defendants appealed.

Action in the district court for Le Sueur county against Louis E. Malz, Henry Malz and Augusta Petersdorf to declare plaintiff’s judgment against defendant Louis E. Malz to be paramount to certain other judgments described in the complaint. The facts are stated in the opinion. The case was tried before Olsen, J., who made findings and ordered judgment in favor of plaintiff. Prom the order denying their motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $349.13 upon a judgment recovered against defendant in the circuit court of Portage county, Wisconsin. Defendant’s demurrer to the complaint was overruled. Defendant obtained an order to show cause why its proposed answer should not be served as the answer in the case, and after hearing the order to show cause was discharged, Hale, J. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Steele county to recover $220 for injury to plaintiff’s live stock. The answer alleged that plaintiff negligently allowed the cattle to pass through an open gate upon defendant’s track knowing of the approach of a train and so near thereto that defendant was unable to stop the train.

Action in the district court for Murray county to recover $5,300 for false representations in the sale of land. The case was tried before Nelson, J., and a jury which returned a verdict for the amount demanded. Defendant’s motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $4,000. From the order granting the motion for a new trial upon that condition, defendant appealed.

Upon the relation of Lyndon A. Smith, Attorney General, this court issued its writ of certiorari directed to the probate court of St. Louis county and the Honorable S. W. Gilpin, .judge thereof, to review the décision of that court in the estate of Jane Thorn Cutler, deceased, holding that the inheritance tax upon the interest of the remaindermen in the trust created by her will is not payable until the termination of such trust.

Action in the district court for Eamsey county to recover $1,100, the proceeds of two cheeks accompanying plaintiff’s bids for furnishing asphalt misappropriated by defendant. The case was tried before Dickson, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant’s motion for amended findings was granted in part. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to recover $8,976.17 upon a building contractor’s bond. The case was tried before Fish, 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, American Surety Company appealed.

In the matter of the estate of Stewert Bannon, deceased, Vincent Bowler, S. A. Bowler, Charles Bowler, Flora Mensing and Anna Kendall, his next of kin, appealed to the district court for Scott county from the order of the probate court for that county admitting to probate the will of testator.

Action in the district court for Otter .Tail county to recover $50,000. The facts are stated in the opinion. Defendant’s demurrer to the complaint was overruled. The case was tried before Parsons, J., who, when plaintiff rested, denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $3,000. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Clay county by the guardian of Ered Fischer, a minor, to recover $2,900 for injuries sustained through collision with an automobile. The answer alleged negligence, and violation of the laws of North Dakota and the ordinances of the city of Fargo by plaintiff.

Action in the municipal court of Minneapolis to recover $47.04. The facts are stated in the opinion. The case was tried before Montgomery, J., who made findings and dismissed the action. From an order denying its motion for a new trial, plaintiff appealed.

From an order of the district court for Pennington county, Grindeland, J., vacating and setting aside the judgment entered after the former appeal, reported in 131 Minn. 183, 154 N. W. 948, so far as the same applied to the west 15 feet of Davis avenue in the city of Thief River Falls, plaintiffs appealed.

Action in the district court for Hennepin county to recover $500 for professional services and disbursements. Judgment upon default was entered. From an order, Jelley, J., setting aside the default of defendant and allowing it to file an answer to the complaint, plaintiffs appealed.

.Action in the district court for Ramsey county by tbe administrators of the estate of Charles Wirth, deceased, to recover possession of certain tracts of real estate ‘and $2,000 for the nse and occupancy of the same. The case was tried before Hanft, J., who made findings and as conclusions of law ordered judgment in favor of defendants for costs and disbursements. From an order denying plaintiff’s and intervener’s motion for a new trial, they appealed.

Action in the district court for St. Louis county to set aside a deed. The case was tried before Cant, J., who made findings and ordered judgment in favor of defendant. From an order denying their motion to amend the findings and for a new trial, plaintiffs appealed.

Upon, tbe information of Thomas A. Gall, and upon the information of H. W. Coulter, the district court for St. Louis county granted writs of quo warranto requiring respondent, L. A. Barnes, to show by what warrant he hindered and prevented said Gall from occupying the office of imperial vice good Samaritan and that of a member of the executive board of Modern Samaritans, a fraternal society.

Ole J. Berg, a qualified elector of the county of Clearwater, gave notice of contest and appeal to the district court for that county from the decision of the county board of canvassers declaring John Veit to be the duly-elected county commissioner at the special election held on November 16, 1916. The appeal was heard by Stanton, J., who made findings and ordered judgment in favor of the contestee.

Upon the relation of Minneapolis Office & School Furniture Company,_ this court granted its writ of certiorari to review the action of the district court for Hennepin county, Steele, J., in proceedings under the Workmen’s Compensation Act.

Action in the district court for Big Stone county to recover $975 upon a promissory note. The case was tried before Elaherty, J., who granted plaintiff’s motion for a directed verdict in its favor. From an order denying his motion for a new trial, defendant appealed.

<p>New trial.</p> <p>Permitting counsel for plaintiff to call and question the attorney for defendants why defendants were not in court so that they could be called for cross-examination, does not constitute irregularity on the part of the court within the meaning of the statutes. [Reporter.]</p>

Minneapolis Civic and Commerce Association filed a complaint with the Railroad and Warehouse Commission claiming that certain switching charges on intrastate shipments imposed by the Minneapolis Eastern Railway Company were unlawful. The charges were held unlawful by the commission, and the order of the commission was. affirmed by the district court for Hennepin county and by the supreme court. See 134 Minn. 169, 158 N. W. 817.

Action in the district court for Big Stone county to recover $140, the amount of a claim against the estate of a decedent, which defendant, it was alleged, failed to present to the probate court for that county within the time limited for the presentation of claims, by reason of which the claim was lost. The answer was a general denial. The case was tried before Flaherty, J., who when plaintiff rested dismissed the action.

Action in the district court for Hennepin county to restrain defendant city from taking or damaging any part of certain property belonging to plaintiffs in proceedings under 'Special -Street Acquisition and Improvement No. 57. Plaintiffs obtained -an order to show cause why an injunction should not issue. The matter was tried before Dickinson, J., who -made findings and ordered judgment in favor of defendant.

Action in the district court for Blue Earth county to recover $214.50. From an order, Comstock, J., vacating a judgment in its favor, plaintiff appealed.

In proceedings in the district court for Ramsey county to enforce payment of personal property taxes remaining delinquent March 1, 1915, defendant made answer to the citation, alleging that defendant did not do business in Minnesota. The matter was heard .before Hanft, J., who made findings and ordered judgment in favor of defendant. Plaintiff’s motion for amended findings or for a new trial was denied. From the order denying the motion, plaintiff appealed.

Upon the relation of the village of Buhl, its trustees and treasurer, the supreme court granted a writ of certiorari to review the order, Cant, jr„ of the district court for St. Louis county, in an action in which the Consumers’ Ore Company was plaintiff and Village of Buhl and others were defendants, commanding defendants to complete and levy an assessment for paving for the year 1914, and certify the same to the auditor of St. Louis county, or show cause why they should…

Action in the district court for Ramsey county to recover for personal injuries. After the decision upon the former appeal judgment was entered in favor of plaintiff. From the judgment defendant appealed.

Action in the district court for Dakota county. Plaintiff obtained an order to show cause why an order discharging the receiver of the Heberle-Francis Company should not be set aside, the receiver reinstated, and plaintiff permitted to .be heard thereon. The matter was heard before Johnson, J., who made the order quoted in the following opinion. From this order defendant Heberle appealed. Respondent moved to dismiss the appeal. Appeal dismissed by the court on its own motion.

Upon the relation of Louis J. Heberle this court granted its order directed to Honorable Albert Johnson, judge of the district court for Dakota county to show cause why a peremptory writ of mandamus should not issue commanding him to settle a proposed case in an action between Augustus S. Francis, as plaintiff, and relator, and others, as defendants. The respondent made return. The facts are stated in the opinion.

From a judgment taken >by default in justice court defendants appealed to the district court for Aitkin county upon questions of law and fact. The appeal was tried before Wright, X, who when plaintiff rested denied defendants’ motion to dismiss the action, and a jury which returned a verdict for $58.40. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $119.64 for over-payments for coal transported in carload lots between Duluth and Hawley. Plaintiff’s demurrer to the answer was sustained, Hanft, X, and judgment was ordered in favor of plaintiff. From, the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to cancel certain agreements for payment of services to be rendered by defendants and to recover $3,000. The case was tried before Hale, J., who made findings and ordered judgment in favor of defendants for $100, and awarded to defendant Grimes the exclusive control of the lands described until the same could be sold at a fair price. Plaintiff’s motion to amend the findings and conclusions, or for a new trial, was denied.

<p>Custody of child — modification of order.</p> <p>Upon the petition of Nicklas Galson the supreme court made its order restraining Edna Galson from removing their child from the jurisdiction of the court pending the determination of relator’s motion to take further testimony.</p>

Upon the relation of J. Albert Nelson, George W. Wishard and Ida L. Wishard, the supreme court granted its writ of prohibition directed to the district court for Becker county and each of the several judges of that court to prevent them from trying and determining an action in which Frank Tomka is plaintiff and relators are defendants.

In the matter of the estate of John E. Byrnes, deceased, in the probate court of Meeker county, the claim of Prank Adams was disallowed. Prom the order disallowing the claim he appealed to the district court for that county, where the appeal was dismissed. From the judgment entered pursuant to the order for judgment, he appealed.

Action in the municipal court of St. Paul to recover $109.99 for services rendered by plaintiff physicians to one John Curran. The answer was a general denial. The case was tried before Finehout, J., who made findings and ordered judgment in favor of defendant. From an order denying their motion for a new trial, plaintiffs appealed.

After the decision reported in 133 Minn. 221, 158 N. W. 240, upon the relation of the Ford Motor Company, the supreme court granted its writ of certiorari to review the action of the district court for Hennepin county in a proceeding by the city of Minneapolis to condemn an alley in that city.

Action for partition in the district court for Wadena county. The case was tried before Nye, J., who made findings and as conclusion of law found that defendants were entitled to the land subject to certain liens for taxes against the same. The motion of defendant Child for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant Child appealed.

Action in the municipal court of Minneapolis to recover $102.56 for professional services as attorney. In its answer defendant set up a counterclaim for $1,106.95. The case was tried .before Charles L. Smith, X, and a jury which returned a verdict in favor of plaintiff for $115.62. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Upon the relation of William G. Roerig the district court for Hennepin county granted its- alternative writ of mandamus, directed to the city of Minneapolis and James G. Houghton, its building inspector, commanding him to issue to relator a building permit for the erection of a four family flat building on certain premises. From an order, Fish, J., sustaining plaintiff’s demurrer to the amended and supplemental answer of defendants, defendants appealed.