Volume 139 — Minnesota Reports

Action in the district court for Ramsey county to recover $1,296.60 on a promissory note. Plaintiffs demurred to the answer. The substance of that part demurred to is given in the second paragraph of the opinion. The demurrer was overruled, Sherburne, J. From the order overruling the demurrer, plaintiffs appealed.

Action to recover $338.57 lipón an accident insurance policy. The answer alleged false representations in the application for insurance. The case was tried in the district court for Waseca county before Childress, «T., and a jury which returned a verdict for defendant. From an order denying plaintiff’s motion for a new trial, he appealed.

Two actions in the district court for Hennepin county to recover $6,343.40 and $746.40, respectively, for breach of warranty.

<p>Bills and notes — liability of accommodation indorser.</p> <p>1. In an action on a promissory note made by defendant makers</p> <p>at tbe request of tbe plaintiff bank to tbe defendant payee without consideration passing from him to them, and indorsed by the defendant payee to the plaintiff at its request and without consideration, the evidence is held to show as a matter of law that the indorsement was for the accommodation of the ' plaintiff'■ and it cannot recover thereon. '</p> <p>Same — parol evidence of want of consideration.</p> <p>2. The rule that upon the transfer of a promissory note the effect of the payee’s indorsement cannot be varied by parol does not prevent the showing of want of consideration or that paper is accommodation.</p> <p>Action in the district court for Pine county against Paul Pangerl, Marie Pangerl and E. C. Townsend, to recover $352 upon a promissory note. E. C. Townsend, in his separate answer, alleged that there was no consideration for the note as between himself and the other defendants and no consideration for the indorsement to plaintiff, which facts were known to plaintiff, and that the note was procured by the cashier of plaintiff, acting for plaintiff, and was indorsed by defendant at his request, without consideration, and upon the express agreement that the answering defendant should not be held liable thereon. The case was tried before Nethaway, J., who made findings and ordered judgment for the amount demanded. From the judgment entered pursuant to the order for judgment, E. C. Townsend appealed. Reversed.</p>

Action in the district court for Lake county to determine adverse claims to vacant and unoccupied land. The case was tried before Cant, J., who made findings and ordered judgment in favor of plaintiff as to all of certain land. Defendant d’Autremont’s motion to amend the findings of fact and conclusions of law was denied. From an order denying his motion for a new trial, defendant d’Autremont appealed.

Action in the district court for Pine county to determine adverse claims to vacant and unoccupied land. The case was tried before Nethaway, J., who made findings and' ordered judgment in favor of plaintiff. From an order denying his motion to set aside the default judgment and to be substituted in the place of persons unknown and to be allowed to appear and defend the action, E. Avery Newton appealed.

From a judgment in justice court in favor of defendant, plaintiff appealed to the municipal court of St. Paul where the appeal was heard before Boemer, J., and a jury which returned a verdict in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

Upon the relation of Albert Dickinson Company. and another the supreme, court granted its writ of- certiorari to review the proceedings in the district Court for Hennepin County, Dickinson, J., under the Workmen’s Compensation Act brought by Mary Cora Raekman, as widow of Robert G. Raekman, employee, against The Albert Djckinson Company, employer, and Fidelity & Casualty Company, insurer.

Two actions in the district court for Ramsey county. The Williams action was by a taxpayer on his own behalf and on behalf of other taxpayers similarly situated. The Earner action was by the owner of a manufacturing plant at which a large number of women workers, adult and minor, were employed.

George H. Thaden’s claim for $3,000 against the estate of Thomas F. Bagan, deceased, for commissions e'arned in the sale of a certain farm, was disallowed by the probate court for Freeborn county. Claimant appealed to the district court for that county where the appeal was tried before Kingsley, J., and a jury which returned 'a verdict in favor of plaintiff for $3,904.50.

Action in tbe district court for Mower county by Alma S. Nelson to recover $2,500 for loss of earning power and services of her son Joel during his minority, and $300 for expenses and time spent in caring for her son, because of injuries received by him while in defendant’s employ. The answer alleged a settlement by defendant for $7,000 in a prior 'action brought by his guardian ad litem.

Upon the relation of Lyndon A. Smith, attorney general, the district court for Ramsey county granted its alternative writ of mandamus commanding Chicago, Milwaukee & St. Paul Railway Company to put Into effect the distance tariff promulgated by the Railroad and Warehouse Commission on December 10, 1913, pursuant to Laws 1913, p. 76, c. 90. The matter was tried before Dickson, J.,' who granted a peremptory writ.

Action in the district court for Pennington county to recover $3,390, fraudulently obtained by worthless checks from Farmers State Bank of Holt, and repaid to the b'ank by plaintiff, its president.

Action in tbe district court for Hennepin county to recover $493.51, overcharge on 69 carloads of wheat, shipped from' Strasburg, North Dakota, to Minneapolis. The answer Was a general denial. The case was tried before Steele, J., who at the close of the evidence granted defendant’s motion, to dismiss the case on the ground that the court was without jurisdiction of the subject matter. From an order denying its motion for a new trial, pl'aintiff appealed.

Action in the district court for Hennepin county to recover $617.48 upon a fire insurance policy. Defendant’s demurrer to the complaint was overruled, and Molyneaux, J., certified that the question presented by the demurrer was important and doubtful.

After the former appeal, reported in 133 Minn. 242, 156 N. W. 260, the case was tried before Johnson, J., who at the close of the testimony denied defendant’s motion for judgment, made findings and ordered judgment in favor of plaintiffs. From an order denying their motion to amend the decision and for judgment in their favor, or for a new trial, defendants appealed.

Action in the district court for Ramsey county by the trustees of two Lutheran churches to recover $7,650, the value of certain certificates of deposit purchased from defendant.

Defendant was indicted by the grand jury of Polk county for the crime of permitting a gambling device to.be set up on certain premises, tried in the district court before Watts, J., and a jury which found defendant guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

<p>Broker — contract for compensation.</p> <p>1. The evidence sustains the finding of the jury that the plaintiff’s services in securing an exchange of lands were performed under a contract with the defendant contemplating compensation in the event of a successful result and not as a mere voluntary or friendly service nor under an agreement for a specific sum based on the exchange value of the defendant’s property.</p> <p>Evidence — charge to jury.</p> <p>2. There were no prejudicial errors in rulings on evidence nor in the charge to the jury.</p>

Upon the relation of George S. Sullivan and others the district court for Wright county granted its alternative writ of mandamus commanding the board of education of Independent School District No. 16 to issue and negotiate a sale of bonds pursuant to the special election held by the electors of that district under section 2711, G. S. 1913. Eespondents answered and relators demurred to part of the answer.

Action in the district court for Ramsey county to recover $10,000 for malicious prosecution. The answer alleged that plaintiff, believing his property had been destroyed and removed, stated the facts to the city prosecutor, who advised defendant to bring action and filed a complaint in the municipal court of St. Paul; plaintiff was thereafter arrested and, after hearing in the municipal court, discharged.

Action in the district court for Hennepin county to recover $1,375 upon a contract. The case was tried before Fish, J., who made findings and ordered judgment in favor of defendant. From an order denying hi3 motion for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $325, the value of a Burroughs adding machine.

Action in the district court for Douglas county to recover a balance of $175. Defendant set up a counterclaim for $677.32. The facts are stated in the opinion. The case was tried before Roeser, J., and.a jury which returned a verdict in favor of defendant for $716.50. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Meeker county for partition and to recover $500, the value of the use of plaintiff’s interest in the land during the time she was excluded therefrom.

Action in the district court for Meeker county to restrain defendants from constructing certain ditches and turning surface water into plaintiff’s private ditch. The facts are stated in the opinion.

Action in the district court for Ramsey county by a judgment creditor to sequestrate the assets of defendant corporation, to obtain the appointment of a receiver and to enforce the constitutional liability of stockholders. The receiver appointed by the court petitioned for an assessment upon the stockholders, and 'after hearing the court ordered an assessment of $100 upon each share of stock.

Action in the district court for Stearns county by the administrator of the estate of Giesela Drimel, deceased, to recover $7,500 for the death of his intestate.

Action in the district court for Ramsey county to determine adverse claims to that part of the lot described in the first sentence of the opinion which lies southwesterly of Capitol Heights, a public- street in the city of St. Paul.1 The answer alleged that defendant was the oWner in fee simple of the premises described.

Defendant was indicted by the grand jury for the crime of carnal knowledge of a female child under the age of 18, tried in the district court for Martin county before Tifft, 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 Wabasha county to cancel defendant’s interest in a certain deed from plaintiff; to secure a decree that defendant’s title in certain real estate acquired under execution sale is held in trust for plaintiff, and to recover $3,622.12. The defense is set out in the fourth paragraph of the opinion. The case was tried before Granger, J., who made findings and ordered judgment against defendant for $1,629.97.

Defendant was indicted by tbe grand jury for tbe crime of selling intoxicating liquor without a license, tried in the district court for Freeborn county before Gatherwood, J., who denied defendant’s motion to quash the indictment, and a jury which returned a verdict of guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

In the matter of the claim of Frederick C. Penney against the county of Hennepin, the board of county commissioners for that county allowed $24,056.68. Prom the decision of the board the county attorney, on behalf of the county, appealed to the district court, where the respondent’s motion to dismiss the appeal was granted by Steele, J. -Prom the judgment of dismissal, the county of Hennepin appealed.

Action in the district court for Steele county for specific performance of an oral contract of sale of certain real estate. The answer was a general denial. The case was tried before Childress, J., who made findings and dismissed the action. From the order denying his motion for amended findings and conclusions of law or for a new trial, plaintiff appealed.

After the former appeal reported in 134 Minn. 148, 156 N. W. 780, 158 N. W. 820, the-motion of defendant McDonald to amend the conclusions of law and judgment was denied.

In August, 1916, defendant bank was cited to appear before the district court for Hennepin county and show cause why it should not pay the sum of $68,816, taxes for the year 1915 upon its personal property which were delinquent and unpaid.

After the former appeal reported in 136 Minn. 180, 161 N. W. 508, defendant’s motion to strike out the conclusions of law and substitute others was granted, Jelley, J. From the decree entered pursuant to the substituted conclusions of law, plaintiff appealed.

Two actions in the district court for Hennepin county, one to recover $5,000 and the other to recover $10,000 for breach of contract. The cases were consolidated and tried together before Jelley, J., and a jury which returned a verdict for $4,600. 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 St. Louis county to recover $23,000. The facts are stated in the opinion. The case was tried before Dancer, J., and a jury which returned a verdict for $20,750. Defendant’s motion for a new trial was granted, unless plaintiff consented to a change in the verdict as to the date from which it was to draw interest. Plaintiff having consented, the motion for a new trial was denied. From that order, defendant appealed.

Action in the district court for Hennepin county to recover $1,300 upon defendant’s accident policy. The defense is set out in the second paragraph of the opinion. The case was tried before Eish, 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 in favor of plaintiff for $150, and a jury which returned a verdict for $1,164.

Action in the district court for Hennepin county against the persons doing business under the name and style, Bricklayers, Masons and Plasterers International Hnion of America, to recover a disability pension.

Two actions in the district court for Ramsey county to recover $1,100 and $2,750, respectively. The facts are stated in the opinion. Defendant’s motion to set aside a stipulation of settlement for the reason stated at the end of the second paragraph of the opinion was denied, Michael, J. From the order denying its motion and from the judgment entered pursuant to the .stipulation, defendant appealed.

Upon the relation of Lena Chambers the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable Horace D. Dickinson, one of the judges thereof, to review the proceedings in that court under the Workmen’s Compensation Act brought by Lena Chambers, widow, and as mother of Marion Chambers, against C. C. Wyman & Company, as employer, for the death of her husband.

Upon the relation of Lyndon A. Smith, Attorney General, the supreme court granted its writ of certiorari directed to the probate court of Hennepin county and the Honorable John A. Dahl, judge thereof, to review the proceedings in that court allowing $1,016.33, paid as an estate tax under 39 St. 777, as an expense of administration.

Action transferred to the district court for Beltrami county to recover $1,120. The facts are stated in the opinion. Plaintiffs’ motion for judgment on the pleadings was granted, Stanton, J. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court for St. Louis county to recover two horses ' or $500, their value. The facts are stated in the opinion. The case was tried before Fesler, J., and a jury which returned <a verdict for $185. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to determine adverse claims to vacant and unoccupied land. The answer alleged that for many years defendant had been the owner in fee simple and in exclusive possession and had paid the taxes.

Action in the district court for Hennepin county by a stockholder of defendant’ bank to compel it to sell United States government bonds owned by it in excess of 15 per cent of its combined surplus and capital. Defendant’s motion for judgment in its favor on the pleadings was granted, Leary, J., who made findings and dismissed the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Brown county to recover $1,800 for fraudulent representations made in the sale of stock in a corporation. The case was tried before Olsen, J., who made findings and ordered judgment in favor of plaintiff for $1,700. From the judgment- entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Blue Earth county against Arthur A. Dobson Company, Globe Indemnity Company and City of Lake Crystal to recover $5,200 for injuries received by falling into an excavation for a sewer. Both answers alleged contributory negligence on the part of plaintiff. The ease was tried before Comstock, J., who granted the motion of defendant city and that of defendant Dobson Company for a directed verdict.

In the above entitled matter H. C. Mielke, receiver, filed objections to the claim of A. J. Whitman & Company for $2,022.40. The matter was heard in the district court for Blue Earth county before Comstoeir, J., who made findings and disallowed the^claim. From an order denying its motion for a new trial, claimant appealed.

Action in the district court for Ramsey county by a resident and taxpayer of Benton county against the superintendent of education, the treasurer and auditor of the state of Minnesota to restrain defendant superintendent from executing any certificate of the amount to go to any schools for special state aid for the school year ending July 31, 1915, or that ending July 31, 1916, to make up any deficit for either of those years, and to restrain defendant auditor and treasurer…

Action in the district court for Goodhue county to restrain defendant from putting into effect increased gas rates. From an order, Johnson, J., granting a temporary injunction, defendant appealed.

Action in the district court for Lyon county to recover $6,300 upon an accident insurance policy. The answer alleged that at the time of the death of plaintiff’s husband and long prior thereto he had failed to pay his dues and was not a member of defendant in good standing. The ease was tried before Olsen, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion for amended findings or a new trial, defendant appealed.

Action in the district court for Bamsey county to obtain from defendant Halk a warranty deed to certain premises, subject to a specified encumbrance. The facts are stated in the opinion. The case was tried before Orr, J., who made findings and ordered judgment in favor of plaintiff. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Traverse county by the administrator of the estate of Arvid A. Holm, deceased, to recover $7,500 for the death of his intestate. The answer alleged that the death was caused directly by the negligence of deceased in approaching the railway crossing and in failing to heed the warning of the approaching locomotive. At the second trial before Flaherty, J., defendant’s motion for a directed verdict was granted.

Action in the municipal court of St. Paul to recover $50 upon defendant’s accident policy. The answer, among other matters, alleged that at the time the injuries were received plaintiff was in default in the payment of the premium upon his policy and that this default continued until October 20, 1916. The case was tried before Finehout, J., who made findings and ordered judgment in favor of plaintiff.

Defendant was indicted by the grand jury for the crime of selling intoxicating liquor without a license, tried in the district court for Dakota county before Converse, J., and a jury and found guilty as charged in the indictment'. Erom the judgment sentencing him to imprisonment in the county jail for 60 days, defendant appealed.

. C. H. Holm and Frank Holm were indicted by the grand jury of Ramsey county for the crime of interfering with- and discouraging the enlistment of men in the military or naval forces of the United States or of Minnesota. They demurred to the indictment and their demurrer was overruled by Haupt, J., who at their request certified to the supreme court the questions enumerated after the second paragraph of the opinion.

Defendant was indicted by the grand jury for the crime of selling intoxicating liquor without a license, tried iiu the district court for Dakota county before Converse, J., and a jury which found him guilty as charged in the indictment. From a judgment sentencing him to imprisonment for 60 days in the county jail, defendant appealed.

Action in the district court for Ramsey county by the administratrix of the estate of Joseph Plachetko, deceased, to recover $25,000 for the de'ath of her intestate while in defendant’s employ. The answer alleged that plaintiff’s intestate was negligent, that the physical conditions surrounding the work were patent and that he assumed the risk. The case was tried before Michael, J., who granted defendant’s motion for a directed verdict.

Action in the district court for Stearns county to recover $1,138.03. The facts are stated in the opinion. The case was tried before Nye, J., and a jury which returned a verdict for $1,084.30. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Henñepin county by the administrator of the estate of Maurice Kelly, deceased, to recover damages for his death..

Action in the district court for Ramsey county by a minor, to recover $25,000 for injuries received while crossing defendant’s bridge. The answer alleged the negligence of the minor. The case was tried before Michael, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $10,000. From an order denyiny their motion for judgment notwithstanding the verdict or for a new trial, defendants 'appealed.

Action in the district court for Crow Wing county to set aside certain transfers of real and personal property made by N. C. Anderson and subject them to the lien of a judgment, on the ground that the transfers were made with intent to delay and defraud his creditors. The facts are stated in the opinion. The case was tried before Stanton, J., who made findings and ordered judgment in favor of plaintiff together with $85 attorney’s fees.

Action in the district court for Bamsey county to recover $500 upon the contract set out in the opinion. The answer alleged that long prior to- this action defendant revolted any offer he may have made to plaintiff for the purchase of the stock. The case was tried before Olin B. Lewis, J., who at the close of the testimony denied defendant’s motion for a directed verdict, made findings and ordered judgment in favor of plaintiff.

Action in the district court for Brown county to recover $4,153.50 paid on a contract for the purchase of a farm.

After the former appeal, reported in 138 Minn. 407, 165 N. W. 231, plaintiff entered judgment against defendant and garnisheed Georgia Casualty Company. That company made' disclosure that its liability for loss on account of an accident resulting in bodily injuries to one person was limited to $5,000.

Upon the relation of George W. Burrows, the_ district court for Wilkin county granted its alternative writ of mandamus commanding P. E. Truax, as county auditor, and the county commissioners of that county to make and cause- to be made in the minute book of the commissioners a true record that at a meeting held on June 20 and 21, 1917, relator and others requested the board that witnesses be sworn and that the request was refused.

Action in replevin in the municipal court of Minneapolis. The case was tried before Bardwell, J., who made findings and dismissed the action. From an order denying his' motion to amend the findings or for a new trial, plaintiff appealed.

Action in the district court for Rice county to recover $815.74 upon two promissory notes. From an order, Childress, J., denying his motion to set aside his default and reinstating the cause upon the trial calendar, defendant appealed.

Action in the district court for Ramsey county against two railway companies to recover $6,127.81 expended by plaintiff in rebuilding the Westminster street bridge over their tracks. The separate answers alleged that in a certain mandamus proceeding, where the issues of fact and law were determined by the court, judgment was entered upon the merits, by which it was determined that no obligation rested on the railroad companies to maintain or keep the bridge in repair.

Action in the district court for Clearwater county to restrain the county commissioners from entering into a contract for the construe- ' tion of a court house for the county. The case was tried before Stanton, J., who made findings and granted a permanent injunction. From an order denying their motion to amend the findings and conclusions or for a new trial, defendants appealed.

Samuel A. Anderson and others petitioned the district court for Itasca county for the construction of a certain ditch designated as Judicial Ditch No. 2. The order establishing the ditch was set aside and the engineer directed to file an amended report. The matter was thereafter heard by Stanton, J., who denied the petition. From the order denying the petition, petitioners appealed.

Defendant appealed to the district court for Clay county from a judgment of a justice of the peace. The appeal was heard before Nye, J., who affirmed the judgment of the justice. From the judgment entered pursuant; to the order for judgment, defendant appealed.

Action in the district court for Todd county to reform a written agreement between the parties, and to restrain defendant from maintaining an obstruction to the entrance of plaintiff’s building from the public alley.

Action in the district court for Sherburne county by the administrator of the estate of Frank B. Knapp, deceased, to recover $7,500 for the death of. his intestate. In their answer • defendants denied wilful or careless operation of the locomotive or train. The case was tried before Gil-dings, J., who at the close of the testimony denied motions for a verdict in favor of each defendant, and a jury which returned a verdict for $2,000.

Action in the district court for Yellow Medicine county to recover $15,000 for injuries received while in the employ of defendant. The answer alleged that the risks of the work in which plaintiff was engaged were fully appreciated and assumed by him, and set up his contributory negligence and a settlement with defendant. The reply set up the facts concerning plaintiff’s settlement with defendant.

Action in the district court for Ramsey county to determine adverse claims to certain Teal estate. The separate answer of defendant Warren alleged that she was the owner in fee simple of the land. The case was tried before Orr, J., who made findings and ordered judgment in favor of plaintiff. From an order denying her motion for a new trial, defendant Warren appealed.

Action in the district court for Hennepin county to recover $10,400 for injuries received in falling down a stairway on defendant’s premises. The answer alleged plaintiff’s injuries were caused by her want of care. The case was tried before Fish, J., and a jury which returned a verdict for defendant. From an order denying her motion for a new trial, plaintiff appealed.

Upon the relation of Louis Enstrom the district court for Roseau county granted its alternative writ of mandamus directed to S. G. Bertilrud, county auditor of that county, commanding him to issue to relator a county auditor’s warrant for a wolf bounty. Relator demurred to respondent’s return. The matter was heard by Watts, J., who made findings and ordered judgment for relator. From a judgment entered pursuant to the order for judgment, respondent appealed.

<p>Partnership — firm name an asset.</p> <p>1. Tbe name of a copartnership is an essential element of the partnership enterprise, an asset thereof, and passes with a sale of the firm business and good will.</p> <p>Same — effect of conveyance by each partner — transfer of firm name.</p> <p>2. Where a sale of the entire business and property of a copartnership, including the good will, is a firm transaction, separate conveyances by the individual copartners have the same force and effect as a single conveyance executed in the name of the firm, and a transfer thus effected carries with it the right in the purchaser to the future use of the co-partnership name.</p> <p>Good will — right to use of name — injunction.</p> <p>3. Defendant Review Publishing Company, a corporation doing a job printing business in St. Paul, expressly consented that a copartnership formed by its managing officer and those associated with him for the transaction of a similar printing business in the adjoining city of Minneapolis, might use the name “Review Publishing Company” in its business affairs in that city; under that authority the copartnership adopted that name and thereunder built up and established a prosperous printing business, to the knowledge of defendant and its said managing officer.</p> <p>Plaintiff, Twin City Brief Printing Company, a corporation, was organized by some of those interested in the copartnership for the purpose of taking over the partnership business; in consummation of that purpose the Individual copartners executed to plaintiff separate bills of sale of the partnership plant, property, assets and good will; the corporation thereafter for several years continued the business under the name stated, precisely as the copartnership theretofore had done.</p> <p>Defendant thereafter established a branch department of its printing business in Minneapolis, and by unfair and deceptive methods attempted to divert to its office the business so built up and established by the copartnership and plaintiff. It is held:</p> <p>(1) That the copartnership acquired by the consent and acquiescence of defendant corporation the right to use the particular name in the firm transactions in Minneapolis; that right passed to plaintiff on the sale to it of the partnership property, effects and good will, and defendants may be restrained from unfairly and wrongfully interfering in the use thereof by plaintiff in that city, and by deceptive methods from attempting to divert to its branch office business that otherwise would go to plaintiff.</p> <p>(2) The facts stated in the opinion entitle plaintiff to the relief substantially as prayed for in the complaint, against all the defendants.</p>

Action in the district court for Ramsey county to recover $2,657 fox work and material furnished. The facts are stated in the opinion. The ease was tried before Olin B. Lewis, J., who when plaintiff rested dismissed the case. Prom an order granting, plaintiff’s motion for a new trial, defendant appealed.

Flora A. Hobart appeared specially and filed objections to a resolution of the board of park commissioners of the city of Minneapolis designating certain land for park purposes and appointing appraisers to award, damages for the taking of private property, on the ground that the board had no jurisdiction in the premises, the land being outside the city and not adjacent to the city boundaries.

Action in the municipal court of Minneapolis to recover $390 balance due upon an advertising contract.

Action in the district court for Ramsey county by the father of Marcella M. Schmidt, a minor, to recover $50,000 for injuries received by the minor. The separate answers alleged carelessness on the part of the minor and her parents. The case was tried before Dickson, J., who when plaintiff rested denied defendants’ motion for a verdict and a jury which returned a verdict for $5,500'.

Action in the district court' for St. -Louis county against Walter J. Smith, and the sureties on his official bond, to recover $18,509. The United States Fidelity & Guaranty Company and Globe Indemnity Company demurred to the complaint, and the court, Cant, J., overruled the demurrers and certified that the question presented by each of the demurrers was important and doubtful. From the order overruling the demurrers, the defendants demurring appealed.

Upon the relation of Charles Wilkins and Boyal Indemnity Company of New York, the supreme court granted its alternative writ of man-damns commanding J. A. Tyrholm & Company and Honorable Arthur E. Childress, judge of the Fifth judicial district, in and for Waseca county and the clerk of that court, to transmit the files in an action between J. A. Tyrholm & Company, as plaintiffs, and relators, as defendants, to the clerk of the district court for Hennepin county and…

Action in the district court for Lyon county to recover $1,443 for injuries to person and property received in collision with an automobile of defendant driven by his servant. The answer alleged carelessness and negligence on the part of plaintiff.

Action in the district court for Hennepin county to determine adverse claims to land in the possession of plaintiff. The answer alleged that in an action brought by the city of Minneapolis against the plaintiff in this action, the district court in the year 1916 rendered judgment awarding to the city possession of the land described in the complaint, together with damages for its detention, and that judgment had never been set aside, modified or reversed.

Action in the district court for Hennepin county by the administratrix of the estate- of Clarence E. Castle, deceased, to recover $25,000 for the death of her intestate. The answer alleged decedent’s death resulted directly from risks of his employment which he had assumed as part thereof. The ease was tried before Waite, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for .$20,000.

Defendant was accused of violation of the ordinance of Minneapolis prohibiting disorderly conduct, tried in the municipal court of that city before Charles L. Smith, J., found guilty, and sentenced to hard labor in the workhouse of Minneapolis for 90 days. From the judgment and an order denying his motion for a new trial, defendant appealed.

In proceedings in the district court for Hennepin county to enforce payment of real estate taxes remaining delinquent on the first Monday of January, 1916, the Minneapolis & St. Paul Suburban Railway Company and the Minneapolis & St. Paul Suburban Railroad Company served their joint and several answer. The matter was heard before Hale, J., who made findings and ordered judgment in favor of defendant railroad company.

Upon tbe relation of London & Lancashire Indemnity Company of America, 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 action of that court in proceedings under'the Workmen's Compensation Act brought by Lillian Rush, as widow of employee, against relator, as insurer, to recover for the death of her husband.

Action in the district court for Hennepin county to recover $1,500 for breach of a building contract. The answer alleged that the house in question was build in accordance with the contract; that it was substantially completed, accepted and occupied by plaintiffs in September, 1915, and that they have ever since occupied it. The case was tried before Leary, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $450.

Action in the district conrt for Dakota county by the secretary of the South St. Paul Live Stock Exchange for the benefit of the creditors of Bovey & Humphreys to recover $5,000 upon defendant’s bond. The facts are stated in the opinion. The case was tried before.

Action in the district court for Winona CQunty to recover $5,000 for seduction. The case was tried before Granger, J., and a jury which returned a verdict for $1,500. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Pennington county to recover $15,000 for injuries received while in defendant’s employ. The answer alleged the injury was caused by plaintiffs negligence and was due to risks which he had knowingly assumed. The case was tried before Grindeland, J., who denied motions for directed verdicts and a jury which returned a verdict for $1,000. Defendant’s motion for judgment notwithstanding the verdict was denied.

Action in the municipal court of St. Paul to recover $30.68, balance due upon a shipment of scrap iron. The facts are stated in the opinion. The case was tried before Boerner, 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 $2,517.76 upon a letter of credit.

Action in the district court for Eenville county to recover $5,000 for obstructing a passageway. The answer set out the contract mentioned in the opinion, alleged defendant’s building and stairway, without its fault, were destroyed by fire> and defendant fastened the fire door in the opening in the partition wall, but that it necessarily did so in protection of its said property and for the purpose of preventing trespassers from entering therein.

Action in the district court for Waseca county to recover $175 for breach of warranty.

Action in the district court for Steele county by the purchasers of ■certain land to determine the adverse claims of the defendants. The case was tried before Childress, J., who made findings and ordered judgment in favor or plaintiffs. From the judgment entered pursuant to the order for judgment, Celia Thietje, and other children of Jacob Kruger and his wife who were named in the deed mentioned in the first paragraph of the opinion, appealed.

Defendant was indicted by the grand jury for the crime of grand larceny, tried in the district court for Le Sueur county before Tifft, J., and a jury which returned a verdict of guilty as charged in the indictment. Defendant’s motion for a new trial was denied. From the judgment and sentence to the state reformatory for an indeterminate period, and from the order denying his motion for a new trial, defendant appealed.

Action in the district court for Winona county to recover $8,100. The facts- are stated in the opinion. The case was tried before Granger, J., who made findings and as conclusions of law ordered judgment in favor of plaintiff for the' amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.

From an order of the county commissioners of Sibley county denying a petition to change a county road, James-Brazil appealed to the district court for that county. The appeal was heard before Tifft, J., and a jury which found in favor of appellant. From an order denying its motion for a new trial, the county of Sibley appealed.

Upon the relation of William Murray the distriet court for Polk county granted its writ of habeas corpus directed to the sheriff of that county. The matter was heard by Watts, J., who made findings and quashed the writ. Prom the order quashing the writ, relator appealed.

Upon the relation of Eobert H. Peery the supreme court granted its order directing the district court for Eamsey county and Honorable Has-cal E. Brill, presiding judge thereof, to show cause why a writ of mandamus should not be issued commanding him forthwith to vacate a certain order filed by him on November 27, 1917. Eespondent made return.

In proceedings in the district court for Eamsey county to enforce payment of personal property taxes remaining delinquent and unpaid on April 1, 1916, defendant interposed, an answer which alleged that certain specified bonds and stocks held by it and certain moneys advanced by it to specified railway and other companies, all of which were assessed as taxable on May 1, 1915, constituted property which defendant owned or operated for railway purposes, upon which it paid to…

In proceedings in the district court for Ramsey county to enforce payment'of personal property taxes remaining delinquent and unpaid on April 1, 1916, defendant interposed an answer which alleged that it was a foreign corporation, duly licensed to do business in the state of Minnesota, and certain specified bonds and certificates of stock held by it and certain moneys advanced by it to specified railway and other companies, and the papers evidencing the obligations, all of…

Three actions in the district court for Hennepin county to enforce mechanics’ liens. They were consolidated and tried together before Molyneaux, J., who made findings and ordered judgment in favor of the several lien claimants and directing a sale of the premises to satisfy the liens, subject only to a mortgage in favor of the Massachusetts Mutual Life Insurance Company and the sheriff’s certificate issued upon foreclosure of the same.

Action in tbe district court for St. Louis county to wind up a partnership, for an accounting and for a conveyance of land alleged to be held in trust by certain defendants for plaintiff. The history of the litigation will be found in the second and third paragraphs of the opinion.

After the former appeal reported in 134 Minn. 186, 158 N. W. 830, the case was tried upon stipulated facts before Catherwood, X, who made findings and ordered judgment in favor of plaintiffs for $200.10 and interest. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for St. Louis county to recover $148 upon a promissory note.

Frank T. Trenda and others petitioned the board of supervisors of the town of Wheatland for a new road. From an order of the board denying the petition, Trenda appealed to the district court for Rice county where the appeal was tried before Childress, J., and a jury which 'reversed the decision of the board of supervisors. From an order denying its motion for a new trial, the town board of Wheatland appealed.

Action in the district court for Lyon county by the guardian ad litem of George R. Moserip to recover $25,000 for injuries received by the minor while in defendant’s employ. The answer alleged that Moscript assumed the risks incident to the employment. The case was tried before Olsen, J., and a jury which returned a verdict in favor of plaintiff for $9,000. Defendant’s motion for judgment notwithstanding the verdict was denied.

Action in the municipal court of St. Paul to recover $174.90 for maple flooring sold and delivered. The facts are stated in the opinion. The case was tried before Finehout, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying its motion for amended findings or a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $145 for work and labor. The answer was a general denial. The case was tried before Montgomery, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for 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 Rice county to recover $94.42 upon a promissory note. The case was tried before Childress, J., who at the close of the testimony denied motions for directed verdicts, and a jury which returned a verdict for defendant. Plaintiff’s motion for judgment notwithstanding the verdict was granted. From the order granting the motion, defendant appealed.

Defendant was indicted by the grand jury of Hennepin county for the crime of teaching and advocating, by printed matter, that citizens of the United States should not aid in Carrying on the war. He demurred to the indictment on the ground that it did not state facts sufficient to constitute a defense and did not charge any crime.

After the former appeal reported in 132 Minn. 379, 157 N. W. 505, the case was tried before Nethaway, J., who made findings and ordered judgment affirming the order of the probate court admitting the will and codicil to probate. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Rice county to recover $479.81 upon four promissory notes. From an order Childress, J., denying his motion to set aside his default and reinstating the cause upon the trial calendar, defendant appealed.

Action in the district court for St. Louis county to recover $1,840.23 upon a written guaranty. The answer was a general denial. The case was tried before Ensign, J., who at the close of the testimony granted defendant’s motion to dismiss the action. Plaintiffs’ motion for a new trial was denied. From the judgment of dismissal, plaintiffs appealed.

The State Board of Law Examiners, through its secretary, petitioned, for the disbarment of respondent for wilful misconduct in his office.

Action in the district court for Swift county to recover $15,000 for injuries received in falling into an unguarded trench. The answer alleged that plaintiff was negligent. The-case was tried before Qvale, X, who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,500. Prom an order 'denying its motion for a new trial, defendant appealed.

Action in the district court for Chippewa county to recover $425.45 for goods sold and delivered. The answer was a general denial. The case was tried before Daly, J., and a jury which returned a verdict for defendant. From an order granting plaintiff’s motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $375, the agreed price for services rendered defendant in the sale and exchange of property. The answer denied the allegations of the complaint, alleged that the services rendered were of no greater value than $100, and tendered judgment for that amount.

In the matter of proceedings in the district court for Ramsey county to collect delinquent personal property taxes for the year 1915, defendant railway company filed an answer, which alleged that defendant had regularly paid a gross earnings tax to the state of Minnesota'pursuant to law, that the stock and bonds of various companies held by it and taxed, were acquired and held for railway purposes, and the payment of a gross earnings tax commutes the taxes on all its…

Two actions in the district court for Hennepin county, one by the father of Arlene Snure, a minor, to recover $15,000 for injuries received by the minor in a collision with defendant’s truck, and the other to recover for loss of property. The actions were tried together before Steele, J., and a jury which, returned a verdict for $500 in the first action and $43.50 in the second action.