Volume 137 — Minnesota Reports

Action in the district court for Ramsey county to foreclose a mortgage and for the appointment of a receiver. From an order appointing a receiver during the pendency of the action to foreclose the mortgage, Haupt, J., defendant appealed.

Action in the district court for Kamsey county for the dissolution of a partnership and for an accounting. The case was tried before Jelley, J., who made findings and as conclusion of law dismissed the action with prejudice. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Winona county to recover the value of ten shares preferred stock of defendant corporation and cumulative dividends thereon. From an order, Catherwood, J., overruling its demurrer to the complaint, defendant appealed.

The Minneapolis Civic and Commerce Association petitioned the Railroad and Warehouse Commission of Minnesota to have the commission determine that the Minneapolis Western Railway Company was a part of the terminals of the Great Northern Railway Company, and to forbid the imposition of a switching charge of $1.50 per ear upon all inbound grain delivered upon the rails of the Minneapolis Western Railway Company; and to require defendants to publish and maintain switching…

Action in the district court for Ramsey county against the American Insurance Company of Newark and the Boston Insurance Company to recover $3,000 each upon two policies of insurance. The insurance was to indemnify plaintiff against loss to its leasehold interest in the premises under a certain lease from the Schneider Realty Company to the insured. The facts are stated in the opinion.

Upon the relation of the city of Ely the supreme court issued its writ of certiorari to review the action of the Minnesota Tax Commission in reducing the assessment upon mined iron ore for the year 1916.

Action iu the district court for Pine county) by the guardian ad litem of plaintiff minor, to recover $50,000 for personal injuries received while in defendant’s employ. From an order, Nethaway, J., overruling defendant’s demurrer to the complaint, it appealed.

Upon the relation of Otto PuMmann and others the supreme court granted its writ of certiorari directed to the district court for Brown county and the Honorable I. M. Olsen, the judge of that court, to review the decision in the proceedings under the Workmen’s Compensation Act brought by Albertine Berg against relators Puhlmann.

Upon the relation of N. E. Schwartz the district court for Beltrami county granted its alternative writ of mandamus, directed to C. E. Middleton, as chairman of the board of trustees of Independent School District No. Ill, and the -other trustees of that district, commanding C. E. Middleton immediately to sign and execute the original contract for the employment of relator as teacher and superintendent in respondent district for the year beginning September 5, 1916, or show…

TJpon the relation of Albert Kasper this court issued its writ of certiorari to review the action of the Minnesota Tax’ Commission in refusing to reduce, as to one 40-acre tract, and to wholly abate, as to five other such tracts, certain assessments for the construction of County Ditch No. 20 in Aitkin county.

Defendant was indicted by the grand jury charged with the crime of assault in the second degree upon an officer, tried in the district court for Pennington county before Grindeland, J., and a jury which returned a verdict of guilty as charged. 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 intoxicating liquor, tried in the district court for Pennington county before Grindeland, J., and a jury which returned a verdict of guilty. From an order'denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county by the receiver of the First State Bank of McIntosh to recover $2,010. The facts are stated in the opinion. The case was tried before Hanft, J., who granted plaintiff’s motion to instruct the jury to return a verdict in favor of plaintiff for the full amount demanded. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Hennepin county by J ames J. Heidegger to recover $5,165 for fraudulent representations. The case was tried before Waite, J., and a jury which returned a verdict in favor of plaintiff for $1,676.50. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Stearns county to recover $5,030 for malicious prosecution. The case was tried before Roeser, J., and a jury which returned a verdict in favor of plaintiff for $300. Defendant’s motion for judgment notwithstanding the verdict was denied, and his motion for a new trial was denied, provided plaintiff consented to a reduction of the verdict to $200. From the order denying his motion for a new trial, defendant appealed.

<p>Title — finding sustained by evidence.</p> <p>1. The finding of defendant’s ownership of the machine involved in this action is sustained by the evidence.</p> <p>Exclusion of evidence.</p> <p>2. No prejudicial error could result from excluding questions calling for conclusions of the witness.</p> <p>Cross-examination.</p> <p>3. A cross-examination which goes to test statements made on direct is proper.</p>

Action in the district court for Hennepin county for an accounting by defendants Barnet and for the appointment of a receiver of defendant corporation. The case was tried before Eish, J., who when plaintiff rested ¡Jenied defendants’ motion to dismiss the action as to defendant Annie G. Barnet, made findings and ordered that a receiver be appointed. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $16,438.42 for timber cut from state land in violation of the terms of a certain logging permit. The violation of the permit was denied. The case was partly tried before Stolberg, J., and after his death was tried before Johnson, J., who granted the motions of defendant O’Brien and defendant Bonness to dismiss the action as to them, and made findings and ordered judgment for $2,234.40 against defendant-lumber company.

Action in the district court for Kandiyohi county to recover $7,500 for malpractice. The defense was a general denial. The case was tried before Qvale, J., and a jury which returned a verdict in favor of plaintiff for $4,500. Defendant’s motion for judgment notwithstanding the verdict was denied and his motion for a new trial was denied on condition that plaintiff consent to a reduction of $1,500 from the verdict.

Defendant was indicted by the grand jury for the crime of^grand larceny in the second degree, tried in the district court for Anoka county before Giddings, J., and a jury which returned a verdict of guilty as charged in the indictment. From the judgment of conviction, defendant appealed.

Action, in the district court for Polk county to recover $1,025 for breach of contract. The substance of the answer is stated in the opinion. The case was tried before Watts, J., who made findings and ordered judgment in favor of plaintiff for $300. from an order denying its motion for amended findings or for a new trial, each party appealed.

Action in the district court for Norman county to annul a resolution of defendant’s council and to restrain defendant city from enforcing the resolution. An application for a temporary injunction was heard by Grindeland, J., who denied it. From the order denying the application, plaintiff appealed.

Action in the district court for Hennepin county upon defendant’s policy of insurance to recover the amount of a judgment entered against plaintiffs in a proceeding under the Workmen’s Compensation Act by the widow of John W. Fite, who was killed while in the employ of plaintiffs. The ease was tried upon stipulated facts before Jelley, J., who ordered judgment in favor of defendant.

Action in the district court for Pipestone county by the administra^ tor of the estate of Catharine Grover, deceased, to cancel a land contract.

Action in replevin in the district court for Winona county to recover possession of an automobile or in case possession could not be had for $1,000 and $100 damages for the detention thereof. Defendants interposed a counterclaim for $2,548.83. The case was tried before Granger, J., and a jury which returned a verdict in favor of plaintiffs for $999. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Pine county against a saloonkeeper and the surety on his bond to recover $7,500, for the death of plaintiff’s adult son, upon whom she was entirely dependent for support. The case was tried before Nethaway, J., who granted defendants’ motion for a directed verdict in their favor. From an order denying her motion for a new trial, plaintiff appealed.

Application of J. C. Remi Cbarest to tbe district court for Pennington county for an order to show cause why J. M. Bishop should not pay over to Hortense Oharest the sum of $1,000. J. M. Bishop appeared specially and his motion to dismiss the' proceeding was denied; respondent’s demurrer to the complaint was overruled. The matter was heard by Grindeland, J., who made findings and granted the application. From the order granting the application, defendant appealed.

Action in the district court for Hennepin county to recover $584.37 for merchandise sold. The case was tried before Leary, J., who made findings and ordered judgment in favor of plaintiff for $478. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to restrain defendants during the term of plaintiff’s lease from interfering with or closing certain openings or removing a certain structure maintained by plaintiff in an alley in the city of St. Paul. From an order, Hanft, J., granting the motion of plaintiff for a temporary injunction until the matter might be heard on the merits, defendants appealed.

Action in the district court for Winona county to recover $30,000 for personal injuries. The separate answer of defendant corporation alleged that plaintiff was a trespasser upon the building in question, that his work thereon was without authority of defendant company, and if he was injured it was due to his culpable and wilful negligence.

In the matter of the estate of Herman Kosanke, deceased, in the probate court for Ramsey county, Emily Kosanke presented her claim for $365. From an order allowing the claim, Gustave Kosanke, as executor of the last will and testament of Herman Kosanke, deceased, appealed to the district court for that county, where the appeal was heard before Orr, J., who affirmed the order of the probate court.

Action in the district court for Ramsey county to recover $12,000 for injuries sustained in a collision with defendant’s train at a street crossing. The answer of appellant company alleged negligence on plaintiff’s part, that he was familiar with the dangers at the crossing in question and assumed all risk.

Action in the district court for Martin county to recover $400. The defendant appeared specially and moved to set aside the service of the summons. Erom an order, Quinn, J., denying the motion, defendant appealed.

Action in the district court for Chippewa county to recover $174.77, upon a promissory note. The case was tried before Qvale, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying his motion for judgment notwithstanding the decision or for a new trial, defendant appealed.

Action in the district court for Dodge county to enforce specific performance of a land contract. The answer admitted the receipt and mailing of certain letters and denied the other allegations of the complaint. The ease was tried upon stipulated facts before Childress, J., who made findings and ordered judgment in favor of defendants. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to recover $105 dividends declared upon defendant’s preferred stock held by plaintiff. The answer alleged that the shares of stock were issued without consideration and through the mistake of defendant’s officers and employees, and prayed that a certain certificate of stock held by plaintiff be canceled.

Action in the district court for Ramsey county to recover possession of certain real estate and to determine that plaintiff was the owner thereof in fee simple. The answer admitted that defendant was in possession thereof as tenant of Margaret P. Berryhill. The latter intervened and in her complaint in intervention set up the facts relating to plaintiff’s deed which are stated in the opinion and alleged that she was owner of the premises in fee simple.

Action in the district court for Aitkin county to recover $495 for breach of contract entered into at a regularly called meeting of the trustees of defendant district held on February 18,1915. The answer denied that any meeting of the school board of defendant district held on that day was a regularly called meeting, or that the members had legal notice of that meeting.

Action transferred to the district court for Ramsey county to recover $3,750 under a lease of a store room in Des Moines, Iowa, the rent of which was guaranteed by defendant brewing company. The defenses set up by the guarantor in its separate lease are stated in the third paragraph of the opinion. The case was tried before Michael, J., who granted defendant company’s motion for judgment upon the pleadings as amended.

From the determination of the board of supervisors of Lincoln township to lay out a certain road, plaintiff appealed to the district court for Blue Earth county. The board of supervisors appeared specially at the call of the calendar of the district court and moved to dismiss the appeal upon the ground that the court had not acquired .jurisdiction because the bond and notice of appeal were not filed with the clerk within the time prescribed by statute.

Action in the district court for St. Louis county to recover $1,108.33 for salary as judge of the municipal court of Duluth.

In the matter of freight and passenger train service on the Browns Valley branch of the Great Northern Railway Company, and from St. Paul and Minneapolis to stations on that line, the railroad and warehouse commission ordered respondent railway company to put into operation the trains, freight and passenger, that are found reasonable in the order.

Action in the district court for Hennepin county to recover $1,250 commission for the sale of lands. The case was tried before Steele, J., and a jury which returned a verdict in favor of plaintiff for $600. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Proceedings in the district court to establish Judicial Ditch No. 8 in Kandiyohi county. Andy H. Bomsta and others filed objections to the establishment of the ditch. Prom an order, Qvale, J., overruling his objections to the jurisdiction of the court to establish the proposed ditch, Andy H. Bomsta appealed.

Action in the district court for Morrison county to recover $2,000 for the death of plaintiff’s husband. The answer denied that Frank A. Posch came to his death through any act, neglect or violation of Nick Schwientek.

Action in the district court for Hennepin county to recover $3,500 upon a promissory note. The answer set up the contract mentioned in the opinion and as a counterclaim demanded $3,000 for false representations made by plaintiff. The case was tried before Dickinson, J., who at the close of the testiinony denied plaintiff’s motion for a directed verdict, and directed a verdict for one dollar against defendant.

Action by the administrator of the estate of Carl S. Starbeck in the district court for Chippewa county to cancel a lease of the municipal •building, and to restrain defendants from entering into another lease. The case was trieR before Qvale, J., who made findings and ordered judgment dismissing the action. From the judgment entered pursuant, to the order for judgment, plaintiff appealed.

Edward W. Hawley appealed to the district court for Hennepin county from the action of the board of canvassers in declaring that James F. Wallace had been elected alderman from the Second ward of the city of Minneapolis at the November, 1916, election. The appeal was heard by Converse, J., who reversed the board and annulled the election. From the judgment entered pursuant to the order for judgment, James F. Wallace appealed.

Action in the district court for Hennepin county by the receiver of O. W. Kerr Company to have a certain agreement dated October 12, 1914, declared a mortgage to secure the payment of any sums which may be due to defendants Velie and Warner, to cancel it, and to restrain defendants from interfering with defendant Koon in the posses^ sion of said agreement, and the defendant Koon restrained from delivering the same to defendants Velie and Warner.

Defendants were indicted by the grand jury of Cass county for the crime of being interested in a county contract. Their demurrer to the indictment was overruled by Wright, J., who certified the case to the supreme court.

Action in the district court of Hennepin county to recover $5,000 for injuries sustained through collision with an automobile driven by defendant. The answer set up negligence on the part of plaintiff. The case was tried before Fish, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,000. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in ejectment in the district court for Houston county to recover possession of certain premises and for $50 damages. The case was tried before Kingsley, J., who granted the motion of defendants to dismiss the action. Plaintiff’s motion for a new trial was denied. From the judgment of dismissal on the merits, entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Rock county to recover $10,000 for injuries sustained while employed by defendant as locomotive fireman. Defendant appeared specially and moved to set aside the service of the summons. The motion was denied by Brill, J. From an order denying that motion, defendant appealed.

Action in the district court for Stevens county upon a fire insurance policy to recover $1,000 for loss of a threshing machine separator. From an order, Flaherty, J., sustaining plaintiff’s demurrer to paragraphs 2 and 3 of defendant’s answer, defendant appealed.

Two actions by tbe receiver, of the Herbert Pearce Company, insolvent, to recover from defendant Bentley an assessment of $30,000 and from defendant Stephens an assessment of $11,000 upon capital stock of the insolvent company held by them respectively. The cases were tried before Fish, X, whoy directed verdicts for the respective amounts demanded. From an order denying their motion for a new trial, defendants appealed.

Action in the municipal court of Minneapolis to recover $8.33 for failure to deliver 510 pounds of grain shipped over defendant’s road. The answer was a general denial. The case was tried before Charles L. Smith, J., and a jury which returned a verdict in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $3,000 upon defendant’s benefit certificate. Defendant made application to pay the money into court and to have Adolphus Jones, Iona Doran, Olive Doran, and her guardian, substituted as defendants in the action, and the application was granted. The case was tried before Dickson, J., who made findings and ordered judgment in favor of the substituted defendants.

Hpon application of Prank Klampe the district court for. Dodge county granted its order directing H. J. Edison to show cause why he should not pay over to said Frank Klampe $1,250. E'dison served upon plaintiff and her attorneys notice that he claimed an attorney’s lien upon the moneys due to defendant. The matter was heard by Childress, J., who discharged the order to show cause. From the order discharging the order to show cause, Frank, Klampe appealed.

Action in the district court for Big Stone county to recover $6,097.85, the value of certain real estate, less encumbrances against the same, and of certain- personal property. The case was tried before Flaherty, J., who at the close of plaintiff’s case dismissed the'action. From the judgment of dismissal, plaintiff appealed.

Action in the district court for Eamsey county to recover $1,080 as salary of inspector of the health department of defendant city. The case was tried before Brill, J., who when plaintiff rested dismissed the action. From the judgment of dismissal, plaintiff appealed.

Upon the relation of Deborah M. Pettit the supreme court granted its writ of certiorari directed to the probate court of that county and the Honorable John A. Dahl, judge thereof, to review the proceedings of that' court in the matter of the inheritance tax imposed upon relator by reason of the widow’s allowance granted her during the settlement of her husband’s estate.

Action in the district court for Bamsey county to recover $36,000 for injuries sustained while in defendant’s employ as a locomotive fireman. The answer alleged that all the conditions surrounding the work done by plaintiff were patent and observable and plaintiff understood the risk of being injured in the manner in which it is alleged the accident occurred.

Defendant was indicted by the grand jury for the crime of larceny, tried in the district court for Hennepin county before Jelley, 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.

H. S. Wood petitioned the probate court for Le Sueur county for the appointment of a guardian for his brother David W. Wood. From the order denying the petition, petitioner appealed to the district court for that county. The appeal was heard before Morrison, J., who affirmed the order of the probate court. From an order denying his motion for a new trial, petitioner appealed.

Defendant was arrested on a warrant issued upon the complaint of William G. Mee, charging defendant with a violation of the hotel laws, tried in the municipal court of St. Paul before Boerner, J., who found defendant guilty. Defendant’s motion for a new trial was denied. From the judgment of guilty and the subsequent sentence of the court, and from the order denying a new trial, defendant appealed.

Emma C. Baxter appealed to the district court for Otter Tail county from an order disallowing her claim against the estate of L. L. Baxter, deceased. The appeal was tried before Nye, J., who granted a motion for a directed verdict in favor of Emma C. Baxter for $4,360. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, A. Brandenberg, executor of .the estate, appealed.

Upon the relation of Theodore Boetcher, the supreme court granted its writ of certiorari directed to the Honorable L. S. Nelson, as judge of the 13th judicial district of Minnesota, to review proceedings in the district court for Pipestone county to establish Judicial Ditch No. 1 in that county. Bespondent’s motion' to dismiss the writ was denied. The following opinion was filed on March 23, 1917:

Action in the district court for St. Louis county against defendant railway company and Carl W. Christie to recover $20,000 for injuries sustained in collision with defendant’s car. The case was tried before Cant, J., and a jury which returned a verdict in favor of defendants. From an order denying plaintiff’s motion for a new trial on the minutes of the district court, she appealed.

• Bastardy proceedings begun in the municipal court of Crookston. Defendant was bound over to the district court for Polk county and tried before Watts, J., and a jury which returned a verdict of guilty. From an order denying Ms motion for a new trial, defendant appealed.

Action in the district court for Clay county to recover a balance of $567.74 for goods, wares and merchandise sold. Defendant interposed a counterclaim for $635, and tendered judgment for $188.84.

Upon the relation of George J. Grant Construction Company the supreme court granted its writ of certiorari directed to the district court for Eamsey county and the Honorable Frederick N. Dickson, one of the judges thereof, to review proceedings under the Workmen’s Compensation Act brought against relator by Barbara Eeinhart.

Action in tbe district court for St. Louis county to recover $6,303.40, that portion of the expense of paving Ninth street in the city of Duluth caused by the presence of defendant’s railway tracks. The case was tried before Dancer, J., who made findings and ordered judgment against defendant in the sum of $1,644.61. Defendant’s motion for amended findings was granted in part and denied in part. From an order denying its motion for a new trial, defendant appealed.

In the matter of the application of city of St. Paul to the district court for Ramsey county for judgment against the several parcels of land benefited by the paving of Marshall avenue from Snelling avenue to the Mississippi river, Kate Hughes and others filed objections. The case was heard before Michael, J., who made findings and ordered judgment confirming the assessment. From the judgment entered pursuant 'to the order for judgment, objectors appealed.

Action in the district court for Ramsey county to recover $1,407.98 for the conversion of a carload of grain. In their answer defendants set up the facts stated in the opinion. The case was tried before Dickson, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and at the close of the testimony granted defendants’ motion for a directed verdict.

Action in the district court for Kanabec county for specific performance of a land contract. THe case was tried before Nethaway, 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 St. Louis county to recover $30,000 for breach of contract. Defendant appeared specially and obtained an order directing plaintiff to show cause why defendant’s motion to set aside the service of the summons should not be granted. Prom an order, Dancer, J\, granting defendant’s motion for an order setting aside the service of summons and complaint, plaintiff appealed.

The Railroad and Warehouse Commission granted the petition of Range Sand-Lime Brick Company for the construction of a spur track from defendant’s road to petitioner’s plant, specifying what work should be done by petitioner and what by defendant. From that order defendant appealed to the district court for St. Louis county, where the appeal was heard by Cant, J., who made findings and affirmed the order of the commission.

Upon the relation of A. M. Simmers and William Campbell, co-partners as Simmers & Campbell, the supreme court granted its writ of certiorari directed to the district court for Stearns county and the Honorable John A. Roeser, one of the judges thereof, to review proceedings in that 'court under the Workmen’s Compensation Act brought by Ida. Larson against relators, as employers, and the Ocean Accident & Guarantee Corporation, as insurer.

Action in the district court for Hennepin county to recover $7,805.55 for false representations in the sale of a tractor engine. The case was tried before Fish, J., who granted defendant’s motion for a directed verdict. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Dodge county to have a warranty deed declared a mortgage and to recover $3,722.50. The case Was tried before Childress, L, who made findings and dismissed the action. Plaintiffs motion for amended findings was denied. From the judgment of dismissal, entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,271.19 damages sustained in transportation of two carloads of fruit. Defendants appeared specially and obtained an order requiring plaintiff to show cause why their motion to set aside the service of the summons and dismiss the action for want of jurisdiction should not be granted. From an order, Fish, J., denying their motion for an order setting aside the service of the summons, defendants appealed'.

Action in the district court for Beltrami county by the special administrator of the estate of Bruno Affeld, deceased, to recover $7,500 for the death of his intestate and $65 for the funeral expenses. The case was tried before Stanton, J., who at the close of the testimony denied defendants’ motions for directed verdicts, and a jury which returned a verdict in favor of plaintiff for $1,500. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Lincoln county to recover $142.60 for rent. The case ivas tried before Olsen, J., who granted defendant’s motion for judgment upon the pleadings. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Ramsey county by the father of Le Roy Kennedy to recover $15,000 for injuries sustained by his minor son in a collision with an automobile. The case was tried before Hanft, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,400 in favor of plaintiff. From an order denying her motion for a new trial, defendant appealed.

J. Brogger, John F. Enns and others petitioned the Bailroad and Warehouse Commission for an order requiring the Chicago, St. Paul, Minneapolis & Omaha Bailroad Company to establish and maintain a ticket office and passenger depot in the village of Butterfield. After hearing, the Bailroad and Warehouse Commission granted the petition and the railway company appealed to the district court for Watonwan county.

Defendant was charged under the city ordinance of Minneapolis with the crime of vagrancy, tried in the municipal court of Minneapolis before Montgomery, J., and convicted. From the judgment entered pursuant to the order for judgment, defendant appealed.

<p>Action in the district court for Boseau county to recover $400 damages for allowing surface water to flow upon plaintiff’s land. The case was tried before Watts, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $335 in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.</p>

<p>Action in the district court for Itasca county against Northwestern</p> <p>Construction Company and Maryland Surety Company to recover $15,489.09 for work done upon State Eoad No. 2 under plaintiff’s contract with the construction company. Defendant county of Itasca filed its answer, and its prayer that it be allowed to pay $15,701.05 into court and the various claimants for the money, be substituted as defendants, was granted. The case between plaintiff and the .construction and surety companies was tried before Wright, J., and a jury which returned a verdict for $14,594.64 in favor of plaintiff. From an order denying their separate motions for amended findings and conclusions or for a new trial, defendant construction company and defendant surety company appealed.</p> <p>The ease between the claimants and the construction and surety companies was tried before the court, who made findings, adopting the jury’s verdict, and determining the amount due to the several inpleaded defendants. The motion of the construction and surety companies for amended findings was granted in part and denied in part; their motion for a new trial was denied. From the order denying their motion, the construction and surety companies, and Engstrom & Hosford and Ord Company, impleaded, appealed.</p>

From an order, Dancer, J., denying his motion for an order directing the clerk of court to satisfy and discharge of record the judgment, defendant appealed.

Action in the district court for Hennepin county to recover $6,629.51. Defendants’ demurrers to the complaint were overruled, Steele, J., and defendants answered. The case was tried before Leary, J., who at the close of the testimony denied separate motions of defendants for directed verdicts, and a jury which returned a verdict in favor of plaintiff for $8,623.13.

Action in the district court for Redwood county to recover $5,400 for false representations in the sale of a farm. The ease was tried before Olsen, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned ■ a verdict in favor of plaintiff for $1,300. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis' county to recover a balance of $5,500 upon the purchase price of certain machines. The case was tried before Cant, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and at the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $5,684.25.

Action in the municipal court of Minneapolis to recover $333.50, balance of a commission due in securing a purchaser for certain property. The case was tried before Bardwell, J., who when plaintiff rested denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of plaintiff for the amount demanded. Prom an order denying his motion for a new trial, defendant appealed.

After the former appeal, reported in 139 Minn. 379, 153 N. W. 413, the matter was tried before Ensign, J., who made findings and as conclusion of law ordered judgment in favor of the executrix of the estate of Henry E. Greene for $737.51. Defendant’s motion for amended findings or for a new trial was denied. Erom the judgment entered pursuant to the order for judgment, defendant appealed.

Proceedings in the municipal court of Mankato to evict defendant from certain premises. The case was tried before Plymat, J., who made findings and dismissed the action. Prom an order denying her motion to amend the conclusions of law or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,755 upon defendant’s policy of employers’ liability insurance. 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 in favor of plaintiffs for $1,186.95. 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 compel defendant to place plaintiff upon its pension rolls and. to pay him a pension.

Action in the district court for Hennepin county to require defendant to place plaintiff upon its pension rolls and pay him a pension. The case was tried before Steele, J., and a jury who returned an affirmative answer to the question whether plaintiff while employed as a fireman received injuries which unfitted him for active duty as a fireman. The court thereafter made findings and ordered judgment in favor of plaintiff.

Action in the district court -for Hennepin county to require defendant to place plaintiff upon its pension rolls and pay him a pension. The case was tried before Steele, J., and a jury which answered in the affirmative the question: “Did the plaintiff while employed as a fireman receive injuries or disabilities which unfitted him for duty as an active fireman ?” The court thereafter made findings and ordered judgment in favor of plaintiff.

Action transferred from the district court for Brown county to Blue Earth county, to recover $235 and to foreclose a lien therefor. The case was tried before Pfau, J., acting in place of the judge of the Ninth judicial district, who made findings and ordered judgment in favor of plaintiff and others and directed a sale of the premises to satisfy the judgments. The motion of defendants Berkner to amend the findings and conclusions was denied.

Action in the district court for Aitkin county to recover a balance of $1,130.96 upon a subcontract for the construction of state rural highway No. 10. The case was tried before Stanton, J., who at the close of the testimony denied defendants’ motion for a directed verdict in findings 1, 2, 3, 4 and 6. The jury made the following replies to questions submitted : “1. How many acres of land were cleared by the plaintiff herein in doing said work? A. 30.37 acres. 2.

Action in the district court for Hennepin county against the receiver of Chicago, Bock Island & Pacific Bailway Company. George C. Stiles filed his complaint in intervention and demanded judgment for $2,490.90 for services as attorney rendered under contract with plaintiff in the main action.

Action in tlie district court for Hennepin county against the receiver of the Chicago, Rock Island & Pacific Railway Company to recover $50,000 for injuries received while in the employ of that company. The case was tried before Molyneaux, J., and a jury which returned a verdict for $23,000, and answered in the affirmative the five questions specified in the third paragraph of the opinion.

In the matter of the estate of Julia Chapel, deceased, Richard Chapel, Benjamin Chapel, James Chapel, W. H. Chapel and Anna Bank, filed objections in the probate court for Houston county to the allowance of her will, and from the order of the probate court admitting the will to probate appealed to the district court for that county.

Action in the district court for Ramsey county to cancel defendant’s benefit certificate in favor of Anna R. Scheiber. Nathan Rosenhaft appeared specially and moved to vacate the service on him of an order within the state of California. From an order • denying his motion and granting plaintiffs motion to substitute him as one of the defendants, Clin B. Lewis, J., Nathan Rosenhaft appealed.

Action in the district court fox Hennepin county by Willie Sillerman and Nathan Rosenhaft to recover $430.80 and $1,292.40, respectively, upon defendant’s benefit certificate. From an order denying defendant’s motion to restrain plaintiffs from proceeding with the trial of the action until final judgment shall have been entered in a certain other and earlier action instituted by defendant to cancel the beneficiary certificate of Anna R. Scheiber, defendant appealed.

Action in the district court for Roseau county against the sheriff of that county to recover property sold to plaintiff on execution sale or to recover $800, its value. From an order, Watts, J., overruling their demurrer to paragraph 3 of the amended answer and certifying the ease, plaintiffs appealed. ■

Action in the district court for Hennepin county to recover $28,100 for injuries incurred through collision with an automobile driven by defendant. The case was tried before Leary, J., who denied defendant’s motion for an instructed verdict, and a jury which returned a verdict for $7,500. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Upon the relation of the Adriatic Mining Company the supreme court granted its writ of certiorari to review the action of the district court for St. Louis county, Hughes, J\, in proceedings under the Workmen’s Compensation Act brought by Mike Chupich as employee against relator as employer to obtain compensation for injury to the employee.

Action in tlie district court for Clearwater county to decree that plaintiff is owner of the premises in question and defendant holds the legal title to them from the United States government in trust for plaintiff. From an order, Stanton, J., overruling his demurrer to the complaint, defendant appealed.

Action in the district court for Hennepin county to recover $4,650 for breach of contract. The answer, among other matters, denied that defendant ever had any contract relations with plaintiffs or either of them and denied that the contract between defendant and the Motor Service Company was ever assigned to plaintiffs or that defendant ever consented to its assignment to plaintiff.

Clara E. Robinson and Frederick E. Reynolds, sole surviving children, petitioned the probate court for Hennepin county to amend its final decree in the matter of the estate of Clinton B. Reynolds, deceased.

Action in ejectment in the district court for Scott county. The case was tried before Morrison, J., who made findings that defendant was the absolute owner of the premises subject to a lien of plaintiff for $1,163.45, and granting defendant the right to redeem therefrom upon payment of the money within 30 days after judgment. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $1,500 damages for the discharge of sewerage and gases into the basement of plaintiffs’ house from a certain sewer.

Action in the district court for Ramsey county by Albert Kauffman, Aaron Kauffman, Clara Stapf, George Kurth, Elizabeth Miller, John Kurth, Charlie Kurth, Lena Burlingame, Gertie Kurth and Lillian Kurth to recover $3,410.05, the difference between the amount received by plaintiffs in the settlement of the estate of John Kauffman, deceased, and the amount which they should have received.

Action in the district court for Washington county to recover $288.52 and $75 for attorney’s fees, and to foreclose a lien for the same upon defendant’s lines and other property. Frank Reader filed an answer in which he claimed that plaintiff’s lien was subordinate to his lien.

Action in the district court for Ramsey county to recover $2,000 for fraudulent representations in respect to a furnace and chimneys in a dwelling house. Plaintiff’s motion for an order directing that all issues of fact raised by the pleadings be tried by jury, was dismissed. Defendants’ motion to strike the case from the jury calendar of the court for May, 1916, was granted and plaintiff’s motion to strike the case from the court calendar was denied.

After the former appeal, reported in 124 Minn. 233, 144 N. W. 758, the case was tried before Dickinson, J., and a jury which returned a verdict in favor of plaintiff for $75. Plaintiff’s motion for a new trial on the single question of the true boundary line was denied. Prom an order denying their motion for judgment notwithstanding the verdict or for a new trial on the question of adverse possession and damages only, defendants appealed.

Proceeding in the district court for Faribault county in the matter of Judicial Ditch No. 15. The court confirmed the report of the engineer. The motion of Paul Troska and others to vacate the order establishing the ditch and for a rehearing was granted, Dean, J. ' From the order granting the motion, F. J. Brecht and others appealed.

Upon the relation of J. H. Kuehner the supreme court granted its writ of certiorari directed to the district court for Sibley county and the Honorable Cyril M. Tifft, judge thereof, to review the decision of Morrison, J., in an action brought under the Workmen’s Compensation Act by Theodore and Christina Drake against relator.

Defendant was indicted by the grand jury charged with the crime of selling intoxicating liquor without license, tried in the district court for Goodhue county before Johnson, 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.

Action in the district court for Ramsey county to recover $982.85 excess freight paid upon 112 carloads of grain shipped from Comstock to Minneapolis. The case was tried before Kelly, J., who made findings and ordered judgment in favor of plaintiff for $1,056.98. Defendant’s motion to amend the findings was denied. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Cottonwood county to recover $1,398 for services rendered by a physician. From an order, Nelson, J., vacating the judgment by default and- granting defendant leave to answer, the assignee of plaintiff appealed.

After the former appeal reported in 133 Minn. 192, 158 N. W. 48, the case was tried before Nethaway, J., and a jury which returned a verdict in favor of plaintiff for $20,000. Defendant’s motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $12,000. From the order denying its motion, defendant appealed.

Action in the district court for Steele county to recover $915 the price of an engine and set of plows. The ease was tried before Childress, J., and a jury which returned a verdict. From an order granting defendant’s motion for a new trial, plaintiff appealed.

Action in replevin in the district court for Blue Earth county to recover possession of two horses and $100 damages. The case was tried before Com-stock, J., and a jury which found in favor of plaintiff for return of one horse, and, if possession could not be obtained, for $125. Prom an order denying their motion for a new trial, defendants appealed.

Action in the district court for Redwood county to recover $865 for defendant’s failure to pay a certain mortgage. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Upon the accusation of the secretary of the State Board of Law Examiners that defendant had been convicted of wilful misconduct in his profession, the supreme court ordered defendant to answer the complaint. Defendant moved that his resignation from the bar be accepted.

<p>Sham pleading stricken.</p> <p>Defendant’s motion to vacate a default judgment was granted, with leave to answer. Plaintiff’s motion to strike out as sham and frivolous the answer which was filed was granted. Held: The trial court did not abuse its discretion. [Reporter.]</p>

Action in the district court for Le Sueur county to recover $56.10 balance claimed to be due for lumber sold and delivered. The case was tried before Morrison, J., and a jury which returned a verdict in favor of plaintiff for $56.23. Prom an order denying his motion for a new trial, defendant appealed.

Action in the district court for Chisago county for divorce and alimony. The case was tried before Nethaway, J., who made findings and as conclusions of law granted the divorce and awarded plaintiff permanent alimony in the sum of $1,221. Defendant’s motion for amended findings was granted in part and denied in part. Prom that part of the order which denied his motion for amended findings and conclusions of law or for a new trial, defendant appealed.

Upon the relation of Simon Meyers, the district court for Hennepin county granted its alternative writ of mandamus directed to James Gr. Houghton, as inspector of buildings for the city of Minneapolis, to grant to relator a building permit to construct the additions and improvements in the building described in the petition or show cause why he had not done so. The respondent made answer setting up the city ordinance quoted in the opinion.