Volume 138 — Minnesota Reports

<p>Action in replevin in the district cciurt for Martin county, or in case possession could not be had for $4,000, the value of the property. The case was tried before Quinn, J\, who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant and found the value of the property was $1,500. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.</p>

Action in tbe district court for Dakota county by the executrix of the last will and testament of William Seegert, deceased, to recover possession of certain lands. The defense set up in the answer is stated in the first paragraph of the opinion. The case was tried before Johnson, J., and a jury which returned a verdict in favor of defendant. From an order denying her motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $1,875 upon defendant’s insurance policy. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of defendant. From an order denying his motion for judgment upon the findings or for a new-trial, plaintiff appealed-

Clara Belle Lovell Beedle filed in the probate court for Martin county a claim against the estate of George W. Lovell, deceased. From the allowance of the claim, George II. Lovell appealed to the district court for that county. The appeal was heard before Quinn, J., and a jury which returned a verdict for $5,241. From an order denying his motion for a new trial, George H. Lovell appealed.

Action in the district court for Stearns county to recover $1,000 upon defendant’s benefit certificate. The defense is stated in the paragraph of the opinion numbered 1. The case was tried before Eoeser, J., and a jury which returned a verdict for the amount demanded. From an order denying defendant’s motion for judgment in favor of plaintiff for $14 notwithstanding the verdict, or for a new trial, defendant appealed.

Two actions in the district court for Morrison county to foreclose mechanics’ liens. The cases were tried together before Roeser, J., who made findings as stated in the opinion and ordered judgment in favor of five mechanic lien claimants for specified amounts, a sale of the premises subject to the claim of the bank for the payment of such five claimants ratably.

Action in the district court for Ramsey county to recover $13,047.38 expended in strengthening a bridge over defendant’s tracks.

Action in the district court for St. Louis county to recover $5,000 for the death of plaintiff’s husband. The case was tried before Hughes, J., and a jury which returned a verdict for $3,000 and answered in the affirmative the question whether the husband of plaintiff on May 31, 1914, was furnished intoxicating liquor in the saloon of defendant Olson and in the saloon of defendant Giacoma. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Steams county to foreclose a mortgage Mathias Gau and Jennie Gau demurred to the complaint on the ground that the facts stated in the complaint did not constitute a cause of action. The demurrer was overruled, Eoeser, J. From a judgment in favor of plaintiff, certain of the defendants appealed.

Robert Wagner appealed from a judgment of the probate court for Martin county disallowing his claim for $7,500 against the estate of Peter R. Wagner, deceased, to the district court for that county.

Action in the district court for Sibley county to recover $10,052, for injuries to person and property caused by negligence in operating .defendant’s train. The answer alleged that plaintiff knew of the conditions at the crossing where the accident occurred and that he assumed the dangers and risks incident to the happening of the accident.

Jens J. Opsahl appealed to -the district court for Beltrami county from the determination of the county canvassing board of the election held August 14, 1916, on the question whether the sale of intoxicating liquor should be prohibited, wherein said board declared there were 1555 ballots cast at said election in favor of prohibiting the sale of liquor and 1569 ballots so cast in favor of the sale of liquor. -Frank E. Johnson, intervener and contestee, and the county of…

Action in the district court for Bamsey county to recover $179.30 upon defendant’s automobile insurance policy. The case was tried upon stipulated facts before Olin B. Lewis, J., who made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for St. Louis county to recover $10,000 for personal injuries.

Action in ejectment in the district court for Yellow Medicine county. The answer alleged adverse possession since 1889. The case was tried before Daly, J., who denied plaintiff’s motion for a directed verdict and granted a similar • motion by defendant. From • an order denying his motion for judgment notwithstanding the verdict or for a new trial,, plaintiff appealed.

Action iii the district court for Scott county to recover $1,000 upon defendant’s policy of insurance upon the life of Frank J. Havlicek. The case was tried before Converse, J., of the First Judicial district, who granted defendant’s motion for a directed verdict. From an order denying her motion for a new trial, plaintiff appealed.

Tbe Diocese of St. Paul, owner of Calvary cemetery, filed objections in tbe district court for Ramsey county in the matter of the application of the city of St. Paul for confirmation of an assessment for the construction of a sewer on Front and other streets. The matter was heard before Brill, J., who overruled the objections and ordered judgment in favor of the city. From the judgment confirming the assessment, objector appealed.

Action in the district court for Ramsey county to recover $100 upon a promissory note. In her answer defendant alleged that the salesman of Donald-Riehard Company specifically stated that defendant would not have to pay for any goods unless sold, 'and relying on such representation defendant agreed that the goods might be placed in her store to be sold and paid for according to such agreement.

Upon the petition of Charles Simon, the supreme court ordered the district court for Blue Earth county and Honorable Willard L. Comstock, judge thereof, to show cause why a peremptory writ of mandamus should not issue to respondents to transfer the action entitled State v. Charles Simon from- that court to the district court for Le Sueur county.

Action in the district court for Martin county for specific performance. The facts are stated in the opinion. Among other matters the separate answer of Arnold Hanson alleged that the assignment from Feldman to plaintiff was executed with intent - to cheat and defraud said Hanson. The case was tried before. Quinn, J., who made findings and ordered judgment in favor of plaintiff.

Action in the district court for Stearns county to recover $3,500 upon 10 promissory notes. The case was tried before Boeser, J., who at the ’ close of the testimony granted plaintiff’s motion for a directed verdict, and a jury which returned a verdict for $3,000. From an order denying their motion for a new trial, defendants appealed.

Four actions in the district court for Anoka county. William Leibel, as father of a minor son, claimed $1,000 damages. John Leibel claimed $11,150; Josephine Leibel, $500 and Carrie Leibel, $1,500.

Irene D. E. Savela, bom January 11, 1914-, and Earl D. H. Savela, bom April 16,1916, by their father and guardian, Henry J. Savela, petitioned the probate court for Eenville county for the correction of the final decree of that court in the matter of the estate of their grandfather, John Savela, deceased. The petition was denied.

Action in the municipal court of Minneapolis to recover $89.55 for failure to deliver part of a shipment of grain. Defendant offered judgment in favor of plaintiff for $63.24. The case was tried before Charles L. Smith, J., who made findings and as conclusion of law ordered judgment for $63.53. Plaintiff’s motion for amended conclusions of law was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of George A. Lennon the supreme court granted its writ of certiorari directed to the district court for Douglas county to review the proceedings in that court, Roeser, J., brought under the Workmen’s Compensation Act by relator, as employee, against Trask H. Fezler, as employer.

Upon the relation of Lyndon A. Smith, Attorney General, this court granted its writ of certiorari directed to the probate court for St. Louis county to review the proceedings in that court, Gilpin, <L, determining the amount of the inheritance tax in the matter of the estate of William T. Bailey, deceased.

Action in the district court for Otter Tail county to determine adverse claims to vacant and unoccupied real estate. The answer alleged that for more than 27 years defendants, their ancestors, predecessors and grantors had been in actual, open, notorious, visible, continuous, hostile, exclusive and adverse possession of all the real estate in controversy. The case was tried before Parsons, J., who made findings and ordered judgment in favor of plaintiff.

Defendant was indicted for the crime of rape, tried in the district court for St. Louis county, before Ensign, J., and a jury which found him guilty of an assault with intent to commit rape. From an .order denying his motion for judgment notwithstanding the veidict or for a new trial, defendant appealed.

Action in the district court for Lac qui Parle county to recover $500 on a promissory note. The facts are stated in the opinion. The case was tried before Qvale, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and made findings that the note be reformed by the insertion of the word “hundred,” and ordered judgment in favor of plaintiff. Erom the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to recover $922.70 upon a judgment entered in the municipal court of Chicago in 1907. The case was tried- before Steele, 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 in the district court for Dakota county to recover $2,246.43 damages caused by collision with defendant’s traction engine. From an order, Converse, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the district court for Hennepin county to recover $500 for the conversion of certain furniture and fixtures. The facts are given in the opinion. The case was tried before Jelley, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

Action for $90. Plaintiff recovered judgment for $45 in justice court and appealed to the municipal court of St. Paul. The appeal was heard before Finehout, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which rendered a verdict for the amount demanded. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, he appealed.

Upon the relation of the Virginia & Rainy .Lake Company the supreme court granted its writ of certiorari, directed to the district court for St. Louis county, to review the proceedings in that court, Hughes, J.. under the Workmen’s Compensation Act brought by Joe Niemi, as employee, against relator, as employer.

Hpon the relation of George H. Ritchie and Patrick P. O’Connell this court granted its writ of certiorari directed to the district court for Hennepin county, to review the proceedings in that court, Dickinson, J., under the Workmen’s Compensation Act, brought by George Porter, as employee, against George H. Ritchie and his partner, as employers.

Upon the relation of the Oliver Iron Mining Company the supreme court granted its writ of certiorari, directed to the district court for St. Louis county, to review the proceedings in that court, Hughes, J., under the Workmen’s Compensation Act brought by Alorjzi Arko, widow of Vinko Arko, employee, against relator, as employer, for the death of her husband.

Action in the district court for Clay county to recover possession of certain personal property, or for $3,500 in case possession could not be had, and $200 for detention thereof. The case was tried before Parsons, J., who at the close of the testimony'directed a verdict in favor of plaintiff. From an order amending the judgment, Eoeser, J., plaintiff appealed.

Action in the municipal court of Minneapolis to recover $485.29 for goods sold and delivered. The answer set up counterclaims for $447.31. The case was tried before Montgomery, J., who at the close of the testimony directed a verdict in favor of plaintiff for $326.10, with interest. From an order denying his motion for a new trial, defendant appealed.

Action in the district conrt for Clay county to recover $15,315. The case was tried before Roeser, J., who at the close of the testimony denied defendant’s motion for directed verdicts on the fourth, sixth and seventh causes of action, and a jury which returned a verdict in favor of plaintiff for $2,630. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Blue Barth county to recover $75 for the loss of a cow which was killed by falling into a ditch which defendant was building upon plaintiff’s land. The answer alleged that the work was done by a subcontractor according to the terms of a contract between defendant and the county of Blue Earth, and if plaintiff suffered any damage it was solely on account of his failure to exercise due care in the premises.

Judgment by default was entered in the district court for Hennepin county. From an order denying his motion to vacate the judgment and for a change of venue to Clay county, Fish, J., defendant appealed.

Action in the district court for St. Louis county to- recover $2,800 for injuries sustained while alighting from defendant’s street car. The answer alleged the accident was caused by plaintiff’s own carelessness. The case was tried before Fesler, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,000.

Action in the district court for Winona county to recover $5,190 for injuries received in alighting from defendant’s street car. The case was tried before Granger, J., and a jury which returned a verdict for $3,037.-50. From an order denying its motion for a new trial if plaintiff consented to a reduction of the verdict to $2,060, defendant appealed.

Action in the municipal court of St. Paul to recover $500 for injuries received while alighting from defendant’s street car. The case was tried before Boerner, J., and a jury which returned á verdict for $250. Erom an order denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $660.51 for services and. expenses in making investigations for members of a grand, jury. The answer of defendants other than defendant Albert was a general denial. The case was tried before Hale, J., who when plaintiff rested denied plaintiff’s motion for a directed verdict and granted the motion of defendants for a directed verdict. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $14,000 for injuries received while in the employ of Northern Pacific Railway Company. The answer alleged that plaintiff was negligent. The case was tried before Dickson, J., who at the close of the testimony granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Action in the municipal court of Mankato for unlawful detainer of leased premises. The case was tried before Plymat, J., who made findings and dismissed the action. Plaintiff’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of Eichard Martin, the district court for Hennepin county granted its writ of certiorari directed to the city of Minneapolis, the city council and others, to review the proceedings of the council in relation to relator’s discharge from his office of street commissioner. Defendant’s motion to quash the writ was granted, Steele, J. From the order discharging the writ, relator appealed.

Upon the relation of E. G. Minder the district court of Murray county granted an alternative writ of mandamus commanding E.' V. O’Brien, as auditor of that county, to issue to relator a county warrant on the treasurer for $711.90. On the return day the county attorney appeared specially and moved to dismiss the proceedings for want of jurisdiction.' The matter was heard before Nelson, J., who made findings and ordered a peremptory writ to issue.

Action in ejectment in the district court for Hennepin county and for $1,000 for use and occupation of the premises. The case was tried before Giddings, J., who when plaintiff rested denied defendants’ motion to dismiss the action and at the close of the testimony motions of the respective parties for a directed verdict, and a jury which returned a verdict for $492.61. From an order granting defendants’ motion for a new trial, plaintiff appealed.

Mary E'. Sterling petitioned tlie probate court for Yellow Medicine county for the appointment of Charles L. Hardy as guardian of the estate of her father, George B. Miller, whu was alleged to be incompetent by reason of old age and loss of his mental faculties. From an order appointing Hardy as guardian, George B. Miller appealed to the district court for that county. The appeal was tried before Daly, J., who made findings and reversed the order of the probate court.

<p>Railway bridge — verdict sustained by evidence.</p> <p>1. The evidence is TieM sufficient to support the finding of the jury that the plaintiff sustained an injury while on the portion of a street ■bridge over the tracks of the defendant railway which it was under obligation to keep in condition for travel.</p> <p>Same — evidence of condition after accident.</p> <p>2. It was not error to receive the testimony of a witness who examined the bridge two weeks after the accident and found a defect in the bridge corresponding to that claimed by the plaintiff, the purpose being to locate the place where the accident occurred.</p> <p>Damages not excessive.</p> <p>3. The verdict was not excessive.</p>

Action in the district court for Murray county by the father and natural guardian of Lyman Peterson, a miDor, to recover $15,£0.0 for injuries sustained by the minor through the explosion of dynamite caps stored in defendant’s granary.

Action in the district court for Lae qui Parle county to restrain defendant corporation from distributing its net earnings except to its stockholders. The case was tried before Qvale, J., who made findings and dismissed the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of the county of Murray, E. V. O’Brien and E. V. O’Brien, as county auditor of that county, the supreme court granted its writ of certiorari directed to the district court of the Thirteenth judicial district for that county, the judge and clerk thereof, and C. W. Gove, to review the proceedings in that court for the establishment of Judicial Ditch No. 4, Nelson, J., and to stay the issue of a county warrant for the payment of the account of said Gove.

Upon the relation of Faribault Woolen Mills Company and Globe Indemnity Company, the supreme court granted its writ of certiorari directed to the district court for Bice county to review the proceedings in that court, Childress, J., under the Workmen’s Compensation Act brought by Clara Bobertson, as employee, against the first named relator as employer.

Upon the relation of Berwind Fuel Company, the supreme court granted its writ of certiorari directed to the district court for St. Louis county, to review the proceedings in that court, Dancer, J., under the Workmen’s Compensation Act, brought by Aaron Lindstrom, as employee, against relator, as employer.

Action in the district court for St. Louis county against S. Oberg and Matt Lofbaeka, sureties on a building bond of one Dahlvik, a building contractor, to recover $1,894.15 for mechanics’ liens paid by plaintiff and the amount of a judgment obtained by plaintiff, against Dahlvik. The case was tried before Hughes, J-., who at the close of the testimony denied the motion of defendant Oberg for a directed verdict, and a jury which returned a verdict for $1,946.23.

Action in the district court for Hennepin county to determine adverse claims to a vacant and unoccupied lot. The answer alleged that defendant was owner in fee simple of the land. The case was tried upon stipulated facts before Fish, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for St. Louis county to recover $600 salary as building appraiser from April 1, 1916, to October 1, 1916. The case was tried before Ensign, J., who at the close of the testimony denied plaintiffs motion for a directed verdict for the amount demanded, and a jury which returned a verdict for $510.75. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Bamsey county to determine adverse claims to certain vacant and unoccupied real estate. In her answer defendant specifically alleged that she was the owner in fee simple. The case was tried before Brill, J., who made findings and ordered judgment in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action transferred to the district court for Hennepin county to recover $2,503.83 upon defendant’s policy of insurance. The answer expressly denied that at any time defendant issued or delivered its policy to Seaman-Martin Company, alleged that in November, 1909, it issued its policy agreeing to insure Seaman & Martin, a copartnership, and a renewal of the same in November, 1910, and that it intended to insure the partnership and did not intend to insure the corporation.

Action by the superintendent of banks of the state of Minnesota in the district court for Hennepin county to recover $10,000 upon defendant’s bond to the Osseo State Bank of Osseo. The facts are stated in the opinion.

Action in the district court for Hennepin county to recover $150 for rent. From, an order, Fish, J., sustaining plaintiff’s demurrer to the answer, defendant appealed.

Upon the relation of Lena Bau the supreme court granted its writ of certiorari directed to the district court for Bamsey county, the Honorable Grier M. Orr, one of the judges thereof, and the city of St. Paul, to review the proceedings in that court under the Workmen’s Compensation Act brought by relator, as widow of decedent employee, against respondent city, as employer.

Pour actions in the municipal court of Ortonville by the receiver of the Farmers Elevator Company of Barry to recover $25 upon a promissory note. The substance of the answers is given in the second paragraph of the opinion.

Upon the relation of C. N. Nelson the supreme court granted its writ of certiorari directed to the district court of Bamsey county, the Honorable Charles C. Haupt, one of the judges thereof, and the Northwestern Telephone Exchange Company, to review the proceedings in the latter court under the Workmen’s Compensation Act brought by relator, as employee, against respondent company, as employer.

Action in the district court for Hennepin county to recover $2,550' for injuries received by plaintiff in a collision between an automobile owned and driven by her husband and defendant’s car.

Action in the district court for Yellow Medicine county by the administratrix of the estate of William A. Gorgenson, deceased, to recover $50,000 for the death of her intestate. The answer alleged that the work' in which decedent was engaged involved certain dangers which were incidental to his work as brakeman, that he appreciated and assumed the risks thereof, specifically the dangers connected with the backing up of the train which caused his injuries and death.

Action in the district court for Hennepin county to recover $100 upon a promissory note. From an order, Hale, J., granting the motion of plaintiff to strike out from the records the counterclaim interposed by them, defendants appealed.

In the matter of opening, widening and extending an alley across block 9, Whitney & Smith’s Addition to St. Pañi, John L. Sullwold, Charles A. Bettingen, and others, filed objections with the council of St. Paul. From tlie confirmation of the taking of their property and the award of damages to- them on account thereof, the two persons named appealed to the district court for Bamsey county. The appeal was heard before Brill, J., who confirmed the assessment.

Action in the district court for Jackson county to recover $354.35 for work done and materials furnished in drilling a well. The case was tried before Nelson, J., who- directed a verdict in favor of plaintiff for $408.56. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $25,000 for injuries received while in the employ of defendant. The case was tried before Dancer, J., who at the close of plaintiff’s case granted defendant’s motion to dismiss the action. From the order of dismissal, plaintiff appealed.

Hpon tbe relation of Tri-State Telephone & Telegraph Company the district court for Meeker county granted its alternative writ of mandamus directing Prank Oscar Holm, as village clerk of the village of Litchfield, to accept and file in his office the declaration or surrender of franchise and sign the proposed certificate or some other certificate complying with the provisions- of section 15, chapter 152, Laws 1915, and file the same with the Eailroad and Warehouse Commission.

Action in tbe district court for Hennepin county to recover $£5,000 for injuries received while in defendant’s employ. The ease was dismissed by plaintiff in person.

Action in the district court for Crow Wing county for separate maintenance. From an order, Wright, J.‘, directing defendant to pay plaintiff $20 twice each month, $75 attorney’s fees and $10 suit money, defendant appealed.

Action in the district court for Jackson county to recover $130 upon a promissory note. The substance of the pleadings is given in the second paragraph of the opinion. From an order, Nelson, J., striking from the reply certain paragraphs and an exhibit attached thereto, plaintiff appealed.

The motion of Charles S. Kidder, as receiver of Sperry Realty Company, insolvent, to relieve him from his default and permit him to file a claim and complaint in intervention in behalf of that company in the above entitled action in the district court for Ramsey county, was objected to by one of the stockholders of the Twin City Motor Speedway Company. The motion was heard by Kelly, J., and denied.

Action in the district court for Ramsey county to recover $17,000 for injuries received while in defendant’s employ. The case was tried before Brill, X, and a jury which returned a verdict for $1,750. Defendant’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Bamsey county to recover $19,400. The case was tried before Brill, J., and a jury which returned a verdict for $1,969.97. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $1,363.87 upon defendant’s policy. The facts are stated in the opinion. The case was tried before Fish, J., who at the close of the trial denied motions for directed verdicts, and a jury which returned a verdict for $1,183. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $200 upon a promissory note. The case was tried before Charles L. Smith, J., who directed a verdict in favor of plaintiff for $224.38. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $18,000 for injuries received in collision between the automobile in which plaintiff was riding and one of defendant’s street cars. The case was tried before Cant, J., and a jury which returned a verdict for $6,000. From an order denying its motion for judgment notwithstanding the verdict and granting a new trial unless plaintiff consented to a reduction of the verdict to $4,500, defendant .appealed.

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

Defendant was indicted by the grand jury for the crime of murder in the first degree, tried in the district court for Itasca county before Wright, J., and a jury which found defendant guilty of murder in the second degree. From an order denying his motion to settle a case and for a new trial, defendant appealed.

Jobanna Krosehel petitioned the probate court for Brown county for the allowance of the last will and testament of Leo Drusch, deceased. Henrietta Drusch filed objections to the allowance of the will. From the order of the probate court denying the application for probate, Johanna Krosehel appealed to the district court for that county. The appeal was heard before Olsen, J., who made' findings and reversed the judgment of the probate court.

Upon the relation of Daniel Miller the supreme court granted its writ of certiorari directed to the district court of Hennepin county and the Honorable John H. Steele, one of the judges thereof, to review the proceedings in that court under the Workmen’s Compensation Act brought by relator, as employee, against The Journal Printing Company, as employer.

Action in the district court for Ramsey county to cancel a benefit certificate or to determine the amount due and direct payment thereof. Among other matters the answer alleged that plaintiff refused to permit defendant to pay any assessments or dues. The case was tried before Kelly, J., who made findings and ordered judgment in favor of defendant. Plaintiff’s motion for amended findings was granted. The substance of the order granting the motion is found in the opinion.

Upon the relation of A. C. Jefferson and another the supreme court granted its writ of certiorari directed to the district court of Eamsey county to review proceedings in that court, Michael, J., under the Workmen’s Compensation Act, brought by Mary Ballauf, as widow of Joseph Ballauf, employee, against relator, as employer.

Upon the relation of D. S. B. Johnston Land Company the supreme court granted its alternative writ of mandamus directed to the district court of Pennington county and the judges and clerk thereof, commanding them to transmit the files and records in an action by J. W. Mc-Gilvr,ey against relator company from Pennington county to Bamsey county.

Action in tbe district court for Hennepin county against the directors of plaintiff bank for an accounting for their acts as directors, to recover certain moneys received by them, and to have plaintiff declared the owner of certain real estate. The case was tried before Jelley, J., who made findings and ordered judgment in favor of plaintiff for $1,005, and for $1,500 in addition against defendant F. J. Yenie.

Action in the district court- for Ramsey county to recover $2,500 for injuries received, while walking across a street in defendant city and $100 for medical expenses. The answer alleged negligence on the part of plaintiff. The case was tried before Dickson, J., who when plaintiff rested denied defendant’s motion to dismiss and at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $250.

Action in the district court for Hennepin county to recover $5,000 for injuries received from slipping upon an icy sidewalk. The answer alleged negligence on the part of plaintiff. The case was tried before Fish, J., who at the close of the testimony granted defendant’s motion to dismiss the action. From an order denying her motion for a néw trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $50,000 for injuries received in a collision with an automobile driven by defendant Sebenthal, a servant of defendant Durst. The answer alleged that the accident and resulting injuries were due solely to the negligence of plaintiff. The case was tried before Hale, J., and a jury which returned a verdict for $12,750. From an order denying their motion fo}- a new trial, defendants appealed.

Action in the municipal court of Minneapolis to recover $130 on a promissory note. The defense is stated in the third paragraph of the opinion. The ease was tried before Charles L. Smith, J., who at the close of the testimony 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 Goodhue county to recover $184.47 one-half the cost of repairing a certain bridge. The facts are stated in the opinion. The ease was tried before Converse, J., who made findings and as conclusions of law ordered judgment in favor of plaintiff for the amount demanded. From an order denying its motion for'amended findings or for a new trial, defendant appealed.

Action in the district court for Hennepin county, to recover $1,548, commission for services rendered pursuant to contract. . The case was tried before Fish, J., who at the close of the testimony granted the .motion of defendant Ellis to dismiss the action as to him and denied the motion of plaintiff for a directed verdict, and a jury which returned a verdict for the amount demanded. From an order denying its motion for a new trial, defendant appealed.

Defendant was found guilty by a justice of the peace of Itasca county of having unlawfully in his possession and control five round undressed white fish, and was fined $50 and costs. From the judgment of conviction defendant appealed to the district court for that county. The appeal was heard before Wright, L, who at the close of the testimony denied defendant’s motion to dismiss the proceeding, and a jury which found defendant guilty as charged in the complaint.

After the former appeal, reported in 136 Minn. 53, 161 N. W. 257, defendant obtained an order requiring plaintiff to show cause why defendant's motion to vacate an order striking out defendant’s answer should not be granted. The motion was heard by Dickinson, J. From an order denying its motion, defendant appealed.

Action in the district-court for Dodge county to recover $5,600 paid for the care, education and support of defendant’s children during seven years. The case was tried before Childress, J., who made findings and ordered judgment in favor of plaintiff for $1,600. From an order denying his motion for a new trial, defendant appealed.

Action in the municipal court of Waseca to recover $217.85. The facts are stated in the opinion. The case was tried before Childress, J., and a jury which returned a verdict for $50. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $10,000 damages for expulsion from membership in Minnesota Commercial Men’s Association, one of the defendants, and from the office of director thereof, and to restrain defendants from enforcing the cancelation of plaintiff’s benefit certificate and depriving him of his office of director.

Action in the district court for Hennepin county to recover $4,500. The facts are stated in the opinion. The case was tried before Leary, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $5,975.25. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in replevin in the district court for Pine county, for $50 damages for detention of the property, and in case restitution could not be made for $999,10, the value of the same. The case was tried before Nethaway, J., who at the close of the testimony denied defendant’s motion to dismiss the action and a jury which returned a verdict for restitution of the property, and if that could not be had assessed the value at $1,999.10, less $200 already paid.

Action by the administratrix of the estate of Edward E. Keiper. deceased, to recover $7,500 for the death of her intestate. From orders of the district court for St. Louis county, Cant, J., overruling their separate demurrers to the complaint, defendants appealed. A. Section 8175, G-. S. 1913, gives a cause of action only in cases of personal injury caused by a tort, the cause of action for which would abate upon the death of the injured party. It specifies nothing but tort.

Action in the district court for Ramsey county to restrain defendant from proceeding with an execution sale of plaintiff’s homestead. The answer denied that plaintiff occupied the property as her homestead and averred that, from the time of its purchase up to the summer of 1916, plaintiff did not use or occupy it as her homestead, but occupied another residence in the city of St. Paul, and that it was subject to the lien of the judgment described in the complaint.

Two actions in the district court for Hennepin county, one by William Marks, as father and natural guardian of Irvin Marks, to recover $10,000 for injuries received by his son when run over by defendant’s delivery wagon; the other to recover $5,000 for loss of the services of his son during his minority. The answers alleged negligence of the parents in permitting the child to wander unattended on the busy city street mentioned in the complaint.

Action in the district court for Eamsey county to recover $31,300 for injuries received when struck by an automobile belonging to defendant and driven by his son. The answer alleged that plaintiff’s injuries were caused solely on account of her own negligence. The case was tried before Dickson, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $12,500.

Action in the district conrt for Goodhue county to enforce an alleged contract to adopt plaintiff, to adjudge plaintiff to be the owner of certain premises, subject to the life estate of defendant Wold, and to restrain the latter from selling the property. The answer of defendant Wold set up the statute of limitations. The case was tried before Converse, J., who made findings and ordered judgment dismissing the action.

Upon the relation of George B. Nienaber the supreme court granted its writ of certiorari directed to the district court for Eamsey county and Honorable Charles S. Haupt, one of the judges thereof, to review the proceedings in that court under the Workmen’s Compensation Act brought by John Antil, as employee, against the City of St. P'aul and George B. Nienaber, as emjdoyers.

Action, in the district court for St. Louis county to recover $1,930 upon an accident insurance policy. The answer alleged that by the terms of the policy plaintiff was not entitled to recover indemnity as set forth in the complaint, and that defendant was ready and willing to pay plaintiff such indemnity as he was entitled to.

Action in the district court for Hennepin county to recover $2,500 for personal injuries received in a collision. The answer alleged failure of plaintiff to exercise the care of an ordinarily prudent person for his own safety. The ease was tried before Dickinson, J., and a jury which returned a verdict for $1,500. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the order denying their motion for a new trial, defendants appealed.

Action in the district court for St. Louis county to recover $1,000 upon defendant’s policy of insurance. The facts will be found in the opinion. The case was tried before Cant, J., and a jury which returned a verdict for the amount demanded. Defendant’s motion for judgment notwithstanding the verdict was granted. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action transferred to the district court for Hennepin county to recover $3,000 upon 4 promissory notes. The case was tried before Childress, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict for the amount demanded,, and a jury which returned a verdict in favor of defendant. From an order denying her motion for judgment notwithstanding the verdict or for a new trial, plaintiff 'appealed.

Action in tlie district court for Npbles county to recover $878.25 for injuries to a stallion. The case was tried before Nelson, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From an order denying plaintiff’s motion for -a new trial, he appealed.

Action in the district court for Hennepin county to recover $40,000 for injuries received in riding over an obstruction in one of defendant’s streets. The answer alleged contributory negligence on the part of plaintiff. • The case was tried before Leary, J., and a jury which returned a verdict in favor of defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Action in the district court for Hennepin county to recover $760 upon defendant’s policy of .insurance. The defense was a failure by plaintiff to give the required notice of his illness and a material misrepresentation by plaintiff in the application. The case was tried before Leary, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $679.80.

Action in the district court for St. Louis county to sequestrate the property of defendant corporation and enforce the liability of stockholders. From an order, Dancer, J., sustaining plaintiff’s demurrer to the amended answer, Christ Sanders appealed.

From an order of the Railroad and Warehouse Commission requiring the Northern Pacific Railway Company to restore certain switching charges at Duluth, Minnesota, which had been in effect previous to January 1, 1914, the railway company appealed to the district court for St. Louis county. The appeal was heard before Cant, J., who made findings and affirmed the order of the commission. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the municipal court of Minneapolis to recover $394.69 upon-10 promissory notes. The opinion states the facts. The case was tried before Charles L. Smith, J., who made findings and ordered judgment in favor of defendant Kaplan. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $3,460 for injuries received in a collision between an automobile and a street car. The case was tried before Converse, J., and a jury which returned a verdict for defendant. From an order denying his motion for a new trial, plaintiff appealed.

Roselawn Cemetery appealed to the district court for Ramsey county from the report of appraisers appointed in the matter of the application of the board of water commissioners of the city of St. Paul to assess damages occasioned by taking of property for the extension of its waterworks system. The appeal was heard before Haupt, J., who made findings and sustained the award of the commissioners to the cemetery. The motion of the cemetery for a new trial was denied.

Npon the relation of Oscar Todorff the district court for Washington county granted its writ of habeas corpus in favor of Martin Peteofi; directed to the warden of the state prison. The respondent made return and on the return day the writ was discharged, Nethaway, J. From the order of dismissal, relator appealed.

Upon the relation of Robert Henderson the district court for Washington county granted its writ of habeas corpus directed to the warden of the state prison. The respondent made return and on the return day the writ was discharged, Nethaway, J. From the order of discharge, relator appealed.

Upon the relation of W. B. Gibson, the district court for Brown county granted its writ of habeas corpus 'directed to the sheriff of that county. From an order discharging the writ and remanding the prisoner, Olsen, J., relator appealed.

Action in the district court for Ramsey county to recover $22,000 for injuries -received while in defendant’s employ. The answer alleged the injuries were caused by the negligence of plaintiff. The case was tried before Hanft, J„ who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $11,500. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealedv

Action in the district court for Hennepin county to recover $20,000 for personal injuries received while in the employ of Kasota Elevator Company. The answer alleged that, if plaintiff received any injury, it was through the handling of cars on the premises of the elevator company and that they were not operated by defendant company, and plaintiff failed to observe ordinary care.

Action in the municipal court of Minneapolis to recover $300. The case was tried before Montgomery, 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 Hennepin county against the city of Minneapolis and the Minneapolis & St. Louis Railroad Company to recover $2,500 for injuries received by plaintiff’s wife while crossing a bridge over the tracks of the railroad company. The case was tried before Hale, X, who when 'plaintiff rested denied motions for a directed verdict in favor of each defendant, and a jury which returned a verdict for $300.

Action in the district court for Martin county. From an order, Cather-wood, X, granting defendants’ motion to dissolve the writ of attachment, plaintiff appealed.

Action in the municipal court of St. Paul to recover $203.75 upon promissory notes. The motion of Adelia F. Blanchard for an order to show cause why the default judgment should not be vacated and defendant be permitted to serve an answer, was granted, Finehout, X From the order granting the motion, plaintiff appealed.

Action in the district court for Nobles county to recover, $17§.75. The facts are stated in the opinion. The case was tried before Nelson, J„ and a jury which returned a verdict for $73.76 in favor of defendant. From an order denying his motion ior a new trial, plaintiff appealed.

Action in the municipal court of Mankato to recover $25 upon a promissory note. The case was tried before Plymat, J., who made findings and ordered judgment for $37.38. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Washington county to set aside a judgment entered in the municipal court of Stillwater, to vacate all executions and levies thereunder, and for a permanent injunction restraining defendants from taking further proceedings in the municipal court. From an order denying their motion for a temporary injunction, and from an order sustaining the 'demurrer of the sheriff of Washington county to the complaint, Nethaway, J., plaintiffs appealed.

Action in the district court for Hennepin county to recover $1,851 upon a promissory note. The case was tried before Fish, J., and a jury which returned a verdict for $2,153.33. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, John Devney appealed.

<p>Father liable for negligence of son — question for jury.</p> <p>"Whether the father was liable for his son’s negligence in driving the father’s automobile was a question for the jury. The evidence Was substantially the same as on the former trial, and the decision there is controlling here. [Reporter.]</p>

After the former appeal reported in 134 Minn. 279, 158 N. W. 426, 159 N. W. 569, there was a retrial of the accounting before Daly, J., who made further findings, ordered judgment in favor of plaintiff for $14,273.54, and dismissed the action as to Caroline Peterson. Plaintiff’s motion for amended findings was denied. Defendants’ motion for amended findings was denied. Prom an order denying their motion for a new trial, defendants appealed.