Volume 140 — Minnesota Reports

P. D. Sprague and others petitioned the district court for Houston county for an order widening, deepening, straightening and changing the channel of Root river for the purpose of draining and reclaiming certain lands. The court made an order confirming the report of the engineer and the report of the viewers, allowed the damages specified and confirmed the assessments against the several tracts of land.

Action in the district court for Hennepin county to recover $25,000 for injuries received in a collision with an automobile driven by defendant’s agents. The answer alleged that plaintiff’s claim had been settled for $350 and she had received the money in the year 1914.

Action in the district court for Ramsey county to recover $25,000 for injuries received while switchman in defendant’s employ and $250 for surgical expenses. The answer alleged the injury was caused by plaintiff’s negligence, that the physical conditions attending the work done by plaintiff were observable and that plaintiff knew and appreciated the risk. The case was tried before Michael, J., who at the close of the evidence granted defendant’s motion for a directed verdict.

Action in the district court for St. Louis county to recover $7,000 for an autopsy performed upon the body of .plaintiff’s daughter without plaintiff’s consent. The facts are stated in the opinion. From an order, Fesler, L, sustaining plaintiff’s demurrer to the separate answer of Bobert Graham as amended, defendant Graham appealed.

Upon the relation of H. A. Skordahl and the county of Lac qui Parle the supreme court granted its writ of certiorari directed to the Honorable S. A. Elaherty, judge of the Sixteenth judicial district and the Honorable Eichard T. Daly, one of the judges of the Twelfth judicial district, to review the proceedings for the organization of the Minnesota Valley Drainage and Elood Control District under Laws 1917, c. 4A%, and ordered that the petitions for the two writs be…

Action transferred to the district court for Ramsey county to recover $7,500 for false and fraudulent representations in the sale of certain land. The facts are stated in the opinion. The case was tried before Hanft, J., and a jury which returned a verdict for $8,266.25. From an order denying his motion for a new trial, defendant appealed.

TJpon the relation of the Kohler Contracting Company the district court for Lincoln county granted its alternative writ of mandamus directed to Karl A. Hansen, as county auditor of that county, com* manding him to cause to be drawn a warrant for $1,539.60 on the county treasurer, according to the engineer’s certificate, the warrant to be drawn upon the general drainage fund, and to deliver the same to the Kohler Contracting Company, or show cause why he had not done so.

Action in justice court to recover $80 alleged to be due on an assignment of an account. E. P. Hoerschgen intervened and was made a defendant in the action.

Action in the district court for Mower county to recover $20,000 for injuries received while in defendant’s employ.

Action in the district court for St. Louis county to recover $20,000 for conspiracy. The facts are stated in the opinion. The case was tried before Cant, J., who when plaintiff rested and at the close of the testimony denied defendants’ motions for a directed verdict, and a jury which returned a verdict for $4,141.25.

Action in the district court for Ramsey county to recover $5,947.61 upon defendant’s bond as surety for J. A. McDevitt, the assignee of a state permit to cut state timber. The facts are stated in the opinion. Plaintiff’s motion was granted to strike from the answer the general denial contained therein, as sham and frivolous, and for judgment on the pleadings for the sum of $5,888.62. Defendant’s motion for permission to file an amended answer was denied.

Action in the district court for Hennepin county to recover $2,154.84 rent. The answer alleged that in the year 1916, for a valuable consideration, by agreement of the parties the lease between them was canceled and the rented premises were surrendered; that plaintiff took possession of the premises on October 15, 1916, and defendant offered judgment in the sum of $52.80 for rent from October 1 to October 15, 1916.

Action in the district court for Mower county to recover $875 commission for sale of certain property under contract. The facts are stated in the opinion. The case was tried before Kingsley, J., and a jury which returned a verdict for defendants. From an order denying his motion for a new trial, Catherwood, J., plaintiff appealed.

Action in the district court for Clay county to recover $454.02. The facts are stated in the opinion. The answer alleged that defendant trustee in bankruptcy had possession and control of the assets and property of Shannon & Mott Company and that the time of filing claims had not yet expired. The case was tried before Eoeser, J., who made findings and ordered judgment in favor of defendant.

Action in the district court for Hennepin county. George 0. Stiles, attorney of record for plaintiff, obtained an order requiring defendant to show cause why his motion to vacate the dismissal of the action and permitting him to recover from defendant the sum of $2,120, as compensation for his services in the action, and $100 for cash advances and disbursements paid by him, should not be granted.

Action in the district court for Hennepin county to recover $350, the price of a grain cleaner. The facts are stated in the opinion. The case was tried before Molyneaux, J., who made findings and ordered judgment in favor of defendants. From an order denying plaintiff’s motion for amended findings and conclusions or for a new trial, it appealed.

Action in the district court for Ramsey county to recover $5,947.61 upon defendant’s bond as surety for J. A. MeDevitt. Defendant demurred to the complaint on the ground that the Equitable Surety Company of St. Louis was a necessary party to the action.

From an order of the board of county commissioners of Watonwan county, denying a petition for the formation of a new school district by detaching parts of four existing districts, Harm Froehling and others appealed to the district court for that county on the ground that the action of the board was against the best interests of the territory affected.

William Johnson'and another were indicted by the grand jury for the crime of keeping intoxicating liquor for sale. William Johnson was tried in the district court for Polk county before Watts, J., and a jury which convicted him of the crime charged in the indictment. From an order denying his motion for a new trial, defendant apealed.

Upon tbe relation of H. S. Johnson Sash & Door Company the supreme court granted its writ of certiorari directed to the Honorable W. C. Leary, one of the judges of the district court for Hennepin county, to review proceedings in that court under the Workmen’s Compensation Act brought by William Filas, employee, against relator, as employer.

Action in the district Court for Hennepin county to recover $1,005.23 upon a judgment recovered in the municipal court of Chicago, February 14, 1916. In the third paragraph of the opinion will be found the defenses set up in the answer. The case was tried before Fish, J., who granted plaintiff’s motion for a directed verdict for $761.83. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for St. Louis county to recover $20,000 for injuries received while in defendant’s employ. The answer alleged contributory negligence on the part of plaintiff. The case was tried before Ensign, J., who at the close of plaintiff’s case denied defendant’s motion to dismiss the action, and at the close of the testimony denied its motion for a directed verdict, and' a jury which returned a verdict for $5,000.

Action in the district court for St. Lonis county to restrain defendants from prosecuting an action for unlawful detainer in the municipal court of Duluth. The case was tried before Cant, J., who made findings as set forth in the fourth paragraph of the opinion and denied the injunction. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the municipal court of St. Paul to recover $261.07 under a written guaranty. The separate answer of the Twin City Four Wheel Drive Company admitted that defendant O. W. Turner was in its employ on October 4, 1916, but alleged that he had no authority to bind the company by any guaranty of payment either as alleged in the complaint or otherwise, and that defendant had no knowledge whatsoever of the action of Turner in making any such purported guaranty.

Action in the district court for Hennepin county to recover $1,200 upon defendant’s benefit certificate. The facts are stated in the opinion. The case was tried before Dickinson, J., who at the close of the testimony denied defendant’s motion for a directed verdict and submitted to the jury the special questions: (1) Did Robert T. Macknick fill out, sign and deliver to Mr. Sullivan, the treasurer of Lodge No. 30, the blank described as Form 71?

Action in the district court for Blue Barth county by the guardian of the estate of William A. Bedbury, incompetent, to recover $2,500 for false representations in the sale of a house and lot. The case was tried before Comstock, 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.

Defendants were indicted by the grand jury for tbe crime of criminal syndicalism, tried in the district court for St. Louis county before Freeman, J., and a jury which found defendant Maki guilty of the crime charged in the indictment. At the request of the convicted defendant the case was certified to the supreme court upon the two questions set out in the first paragraph of the opinion.

Upon the relation of Nestor Liimatainen, the district court for Aitkin county granted its writ of habeas corpus, directed to I. E. Boekenoogen, as sheriff of Aitkin county, commanding him to have relator before the court commissioner for that county at the time specified.

Action in the district court for Steele county to recover $500. The answer alleged that the land entered was part of a public highway and the work done by defendants was done under the direction of the board of supervisors of the township. The case was tried before Childress, J., who made findings and ordered judgment in favor of plaintiff for $75. From an order denying their motion for a new trial, defendants appealed.

After the former appeal reported in. 137 Minn. 252,163 N. W. 297, ap-pellant obtained from the district court for Le Sueur county an order requiring respondent to show cause why a new trial should not be granted on the ground of newly discovered evidence. The application was heard and denied, Tifft, J. From the order denying the application, appellant appealed.

From an order of the board of county commissioners of Chippewa county, denying a petition for the enlargement of Independent School District of Granite Falls, Charles F. Hall, a member of the school board, appealed to the district court for that county, on the ground that the action of the board was against the best interests of the territory affected.

Action in the district court for St. Louis county to recover $3,000 upon a promissory note. The facts are stated in the opinion. The case was tried before Cant, J., who directed a verdict in favor of plaintiff for $3,956.25. From an order denying his motion for a new trial, defendant appealed.

Action in the district conrt for Morrison county to recover $2,963.78 and to enforce a vendor’s lien for the amount. The case was tried before Parsons, J., who made findings and ordered judgment against defendant W. G. Myers for $2,963.78, and dismissed the action as to George W. Myers and S. B. Bedford. From an order denying his motion for amended findings or for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $5,000 damages for the construction of a sewer. The case was tried before Dickson, J., and a jury which returned a verdict for $219. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the municipal court of Bemidji to recover $73, balance due on purchase price of an encyclopedia. The facts are stated in the opinion. From a judgment in favor of plaintiff, defendant appealed to the district court for Beltrami county. The appeal was heard by Stanton. J., who ordered judgment in favor of plaintiff on the pleadings. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Waseca county to recover $1,000 paid upon the purchase price of land. Defendants interposed a counterclaim for $1,650. The case was tried before Childress, J., who made findings and ordered judgment in favor of defendants. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Houston county to recover $12,000 for injuries received in stepping into a hole in a walk at a street crossing. The case was tried before Kingsley, J., and a jury which returned a verdict for $2,200. From an order denying its motion for a new trial, Catherwood, J., defendant appealed.

From an order of the board of county commissioners of Chippewa county establishing County Ditch No. 22 and confirming the viewers’ report, Christian Halvorson appealed to the district court for that county. The appeal was heard before Daly, J., who made findings and ordered judgment in favor of appellant for $625. From an order denying his motion for a new trial, appellant Halvorson appealed.

Action in the district court for Yellow Medicine county to recover possession of certain premises and $100 damages for withholding the same. The facts are stated in the opinion. The case was tried before Qvale, J., who made findings and ordered judgment in favor of defendant. Plaintiff’s motion for amended findings was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for St. Louis county to recover $2,505 upon the bond of John G. Ross, as clerk of municipal court of plaintiff city. Defendants demurred’to the amended complaint. The demurrers were sustained, Fesler, J. From the judgment entered on the motion of defendants, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,400 upon an indemnity bond.

Action in the district court for St. Louis county to recover $2,500 for libel. The answer was a general denial, but admitted that on March 9, 1917, there was published in the newspaper in a foreign language a paid political advertisement on behalf of Anton W. Indihar in favor of his candidacy for the position held by plaintiff, which was made in good faith in the belief that it was true and was thereafter retracted.

Action in the district court for Todd county to reform a contract and to recover $4,224.50 under the contract as reformed. Defendant demurred to the complaint. The demurrer was overruled, Nye, J. The case was tried before Roeser, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Todd county to recover $10,000 for false representations in exchange of property. Defendant interposed a counterclaim for $381. The case was tried before Roeser, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and at the close of the testimony his motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $4,661.87.

Action in the district eouxt for Bine Eartb county to recover $3,674.63. The facts are stated in the opinion.

Defendant was indicted by the grand jury charged with the crime of practicing medicine without a license, tried in the district court for Yellow Medicine county before Daly, J., who when the state rested denied defendant’s motion for a directed verdict. At the opening of the trial defendant objected to the introduction of any testimony on the ground that the indictment did not state facts sufficient to constitute a public offense or the violation of any law of the state.

Action in the district court for Benville county to recover $2,000 commission on exchange of real estate. The answer alleged nonperformance of the exchange contract by E. A. Battershell. The case was tried before Daly, J., who at the close of the testimony denied plaintiffs’ motion for a directed verdict, and a jury which returned a verdict in favor of defendant.

Action in the district court for Blue Earth county to enjoin defendant from operating its electric lines between the village of Winnebago and the village of Elmore; to require defendant to locate its lines and wires as far from plaintiff’s lines as existing conditions permit and for $2,000 damages and for a restraining order pendente lite.

Defendant was indicted by the grand jury charged with a violation of chapter 4-63, Laws 1911', tried in the district court for Rice county before Childress, J., who overruled defendant’s demurrer to the complaint and certified to the supreme court that the questions thereby presented were doubtful and important.

Action in the district court- for Ramsey county for an accounting of the rents and profits of certain real property and for other relief. The facts are stated in the opinion. The case was tried before Brill, J., who granted the motion of defendants for judgment on the pleadings. From an order denying his motion for a new trial, plaintiff appealed.

Action transferred to the district court for Ramsey county to recover $12,10 7.75 for breach of contract of employment. The answer was a general denial. The case was tried before Dickson, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $250 for hogs which were lost, killed or stolen while in course of transportation. The answer after setting forth the shipping contract alleged that any loss which had occurred had been caused by plaintiffs negligence.

Upon the relation of the Maryland Casualty Company the supreme court granted its writ of certiorari directed to the district court for Hennepin county and Honorable Charles S. Jelley, one of the judges thereof, to review the proceedings in that court under the Workmen’s Compensation Act for the death of George 0. LeBaron, employee.

Upon the relation of Leo K. Eaton the supreme court granted its order directing Julius A. Sehmahl, as secretary of the state of Minnesota, to show cause why he should not refrain from causing the name of one James A. Peterson to be placed upon the official primary ballots of the several counties of the state as candidate for nomination for United States senator.

Upon the relation of Fred D. McMillan the supreme court granted its order to show cause directed to Julius A. Sehmahl, as secretary of the state of Minnesota, commanding him to refrain from causing the name of Thomas D. Schall to be placed upon the official primary ballots of the'several counties as an elector seeking nomination for representative in Congress.

Action in the district court for Blue Earth county. The referees appointed for the partition of certain real property reported and defendants filed objections to the confirmation of the report. The matter was heard before Comstock, J., who confirmed the report and ordered judgment in favor of plaintiff upon paying certain charges and fees. From the decree of partition entered pursuant to the order for judgment, defendants appealed.

Action in the district court for Ramsey county to recover $5,287.28, which Minneapolis General Electric Company, holding an indemnity policy of plaintiff company, was compelled to pay for injuries received by Vernon Schweiger while employed as lineman by the electric company.

F. J. Bxecbt and others petitioned the district court for Faribault county for the construction of a certain ditch designated as Judicial Ditch No. 15, and after the report of the engineer and viewers thereon had been filed, an order was entered establishing the ditch. Paul Troska and others filed objections to the order for its establishment and obtained an order directing the petitioners for the ditch to show cause why the order establishing it should not be vacated.

In the matter of winding np the affairs of Twin City Motor Speedway Company, Benjamin A. Panst and Paul F. Cooke, creditors of defendant, filed their complaint in intervention in the district court for Ramsey county, to recover $10,069.90. Respondents Dutton and Sperry filed separate answers to the complaint in intervention. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of defendant.

Action in the district court for Itasca county upon an insurance policy to recover $105 upon defendant’s policy, or in case that could not be had for $5 monthly benefit and the additional sum of $12 premiums paid after the cause of action accrued for sick benefits.

Action in the district court for Hennepin county by the administratrix of the estate of Harry A. Turner, deceased, to recover $7,500 for the death of her intestate and $600 for damages to his automobile. The answer alleged that the injuries were caused by the carelessness and negligence of Harry A. Turner. The case was tried before Fish, J., who at the close of the evidence granted defendant’s motion for a directed verdict.

Action in the district court for Hennepin county to determine adverse claims to certain lots. The facts are stated at the beginning of the opinion. The case was tried before Waite., J., who made findings and ordered judgment in favor of plaintiff and that defendant Hawkinson was entitled to judgment decreeing that the title of plaintiff in the premises was subject to the lien of the mortgage and the foreclosure.

Action in the district court for Big Stone county to require defendant to perform its contract and supply electric light and power to plaintiff village. Plaintiff obtained an order requiring defendant to show cause why it should not be required specifically to perform the conditions of its contract with plaintiff.

Action in the municipal court of Minneapolis for restitution of certain premises. The case was tried before C. L. Smith, J., who found that the contract' mentioned in the opinion did not create the relation of landlord and tenant between the parties and that plaintiff was not entitled to restitution of the premises. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Defendants were indicted by the grand jury charged with the crime of wilfully endangering or injuring the life and health of a minor child, tried in the district court for Steele county before Childress, J., and a jury which found them guilty as charged in the indictment. From an order denying a new trial and from the judgment sentencing them to imprisonment for 10 months, defendants appealed.

Action begun in the municipal court of Minneapolis to recover possession of certain premises. The separate answer of Margaret Thielen set up in substance the facts stated in the third and fourth paragraphs of the opinion, and alleged that since November, 1912, defendant had been in possession of the premises in question and had made valuable improvements thereon.

Action in the district court for Hennepin county to recover $3,254.17 upon defendant’s indemnity contract. The facts are stated in the opinion. The case was tried before Steele, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $3,379.71. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Acting in the district court for St. Louis county to recover $818.73 and enforce a meclianie’s lien for the amount. The case was tried before Eesler, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded, and that $4.75, with interest, be declared a specific lien upon a certain lot of land in Duluth, and that the interest of defendants Lewis in the'property on November 8, 1915, be sold to satisfy the lien.

Action in the district court for Clay county to recover $702.26 for false representations in the sale of a tractor. The answer was a general denial. The case was tried before Jelley, J., who when plaintiffs rested denied defendant’s motion 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.

Action in the district court for Blue Earth county to recover $35,-000 for injuries received while in defendant’s employ as section man.

Action in the district court for Blue Earth county to recover $2,070 for injuries to persons and property received in collision with defendant’s automobile. The answer alleged plaintiff’s contributory negligence. The case was tried before Comstock, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $300. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied.

Action in the district court for Roseau county to set aside a judgment entered against plaintiff in February, 1916, and an execution sale thereunder of real estate.

Action in the district court for St. Louis county to recover $4,000 damages for injury to real property. The facts are stated in the opinion. The ease was tried before Cant, J., who denied defendants’ motions for directed verdicts, and a jury which returned a verdict for $400.

Action in the district court for Clay county to rescind a contract for the exchange of certain land or in case the land could not be recovered for judgment in the sum of $10,650.

Action in the district court for Wright county to rescind a contract on the ground of fraud. The answer specifically denied that the persons named in the complaint ever were the agents of defendant; and alleged that the transaction between plaintiff and defendant in respect to the property described was conducted by defendant in a fair and honest manner and without any misrepresentation or deceit.

Charles 0. Hokanson and Anna C. Oleson petitioned the probate court for Chisago county for the allowance of the last will and testament o£ Andrew Hokanson, deceased. P. M. Hawkinson and E. A. Hawkinson petitioned the court to assign to each of them an undivided one-fourth interest in and to the real estate as though deceased had died intestate. From the decree of descent of the probate court, the Hawkinsons appealed to the district court for that county.

Action in the district court for St. Louis county to recover $5,325 for injuries received from a fall upon the accumulated ice on one of defendant’s streets. The case was tried before Dancer, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,000. Prom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant ap-appealed.

Action in the district court for Bamsey county to recover $10,600 for injuries received while alighting from defendant’s street car and expenses incurred in consequence thereof. The answer alleged that whatever in-' juries plaintiff sustained were due to her own negligence. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict for $850. From an order denying its motion for a new trial, defendant appealed.

Mike Moore, Frank J. Dnnn, Joseph P. Bedenbaugh, Frank McCool and John Doyle were indicted by thé grand jury charged with the crime of murder in the first degree. Frank J. Dunn demanded a separate trial which was had in the district court for Bamsey county before Hanft, J., and a jury which found him guilty of the crime as charged in the in dictment. The court sentenced him to hard labor for life in the state prison.

Two actions in the district court for Pipestone county to recover $1,000 and $400, respectively, for personal injuries received.

Action in the district court for Scott county to recover $160 and to enforce a mechanic’s lien therefor. The case was tried before Tifft, J., who made findings and dismissed the action on the merits. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Yellow Medicine county to determine adverse claims to certain real property. The answer set up the execution sale mentioned in the fourth paragraph of the opinion and prayed that the sale be confirmed by the court and that the judgment under which it was made be decreed to be lien superior to the rights of plaintiff. The case was tried before Daly, J., who made findings and ordered judgment in favor of plaintiff.

Action in the district court for Hennepin county by the father of Glen W. Robinson, a minor, to recover $25,000 for injuries to the child in a collision with an automobile.

Action in the district court for St. Louis county to recover possession of 12 horses and equipment, and in case delivery could not be had for $3,200 the value thereof. The separate answers were general denials. Edmund Ingalls, as trustee in bankruptcy of Brule Timber Company, filed his complaint in intervention and alleged that the bankrupt corporation was the owner of the property. The facts are stated in the opinion.

Action in the district court for Blue Earth county by Theresa Potz, individually and as administratrix of the estate of Bernard Prosser, deceased, to recover $550 ás a death benefit. Defendant interposed a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, Quinn, J. The case was tried before Comstock, J., who made findings and ordered judgment in favor of defendant dismissing the action.

Upon the relation of Ada Frances Williams and others the supreme court granted its writ of certiorari directed to the probate, court of Lyon county and the Honorable J. V. Mathews, judge thereof, to review the proceedings in that court determining inheritance taxes upon the estate of James W. Williams, deceased.

Action in the district court for Hennepin county against the Board of Auditorium Commissioners and the individual members thereof, to restrain them from issuing or selling their bonds under chapter 340, Laws 1917, on the ground that the statute -was unconstitutional. Defendants’ demurrer to the complaint was overruled,. Molyneaux, J. From an order granting plaintiff’s motion for an injunction, defendants appealed.

Defendant was indicted by the grand jury of Big Stone county charged with the crime of violating section 3, c. 463, Laws 1917. Defendant demurred to the indictment. The demurrer was overruled, Flaherty, J., and the case certified to the supreme court on the question raised by the demurrer.

Action in the municipal court of Minneapolis to recover a balance of $130.30 for services. The facts are stated in the opinion. The case was tried before Montgomery, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Clay county to recover $31,000 for injuries received after alighting from the train of defendant railway. The separate answers specifically denied that plaintiff was a passenger on the train.

In proceedings in the district court for Dakota county to enforce payment of taxes delinquent on the first Monday in January, 1917, the South St. Paul Syndicate filed its answer. The matter was heard by Converse, J., who confirmed the assessment. From an order denying its motion for a new trial, the South St. Paul Syndicate appealed.

Action in the municipal court of St. Paul to recover $331.84 for labor and material furnished. The answer was a general denial. The case was tried before Boerner, J., and a jury which returned a verdict in favor of plaintiff for $303.55. From an order denying their motion for a new trial, defendants appealed.

Defendants were indicted by the grand jury of Hennepin county for the crime of adultery. Defendant Ray R. Marshall moved to quash the indictment on the grounds mentioned in the first paragraph of the opinion. The motion was denied by Fish, J., who certified the three questions enumerated in the opinion to the supreme court as important and doubtful.

Action in the district court for Ramsey county for specific performance of a written contract. The facts are stated in- the opinion. The case was tried before Michael, J., who made findings and directed judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Two actions in tbe district court for Bamsey county, one by the wife to recover $10,000 for inability to carry on her business on account of her injuries; the other by the husband to recover $5,000 general damages and $1,570 special damages for loss of services and companionship of his wife. The cases were tried before Michael, J., who granted defendant’s motions for directed verdicts in its favor. From an order denying their motions for a new trial, plaintiffs appealed.

Upon the relation of Julius F. Nepp and others the supreme' court granted its writ of certiorari directed to the district court for Murray county, the Honorable L. S. Nelson, judge of the Thirteenth Judicial district, the Honorable E. C. Dean, acting as judge of that judicial district, and others to review an order of that court establishing Judicial Ditch No. 14.

After the former appeal reported in 138 Minn. 100, 164 N. W. 79, plaintiff’s motion for amended judgment in its favor in the sum of $64.55 and interest, together with $25 penalty, was granted, Charles L. Smith, J. From the order granting plaintiff’s motion and from an order denying defendant’s motion for a new trial, defendant appealed.

Action in the district court for Nicollet county for divorce, the care and custody of the minor child and for alimony.

Action in the district court for Brown county by a minor by his guardian ad litem to recover $10,000 for personal injuries. The case was tried before Olsen, J., who when plaintiff rested denied defendant’s motion to dismiss the complaint and proceedings, and at the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,750. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied.

Action in the district court for Ramsey county to recover $5,000 for libel. The answer alleged that the letter of May 16, 1917, was written for the sole purpose of preserving and promoting defendant’s business interests and to encourage former policyholders either to continue or renew their connection with defendant.

Action in the district court for Ramsey county by the administrator of the estate of Seth Thomas Wilde, deceased, to recover $7,500 for the death of his intestate. The facts are stated in the opinion. The case was tried before Hanft, J., who at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $3,303.

Upon the relation of John Bykle the supreme court granted its writ of certiorari directed to the district court of Watonwan county and the clerk thereof to review the action of that court, Comstock, J., in proceedings brought by relator under the Workmen’s Compensation Act against Wolford Mero and another.

. After the former appeal reported in 123 Minn. 231, 143 N. W. 728, plaintiff moved for an order opening but not vacating the judgment entered in the action on April 8, 1914, and permitting defendant to submit evidence in support of the allegation of the petition that the rate of 77 cents per thousand cubic feet, fixed by said judgment, under the facts and conditions set out in the petition, was unjust, unfair, oppressive and inequitable and did not afford plaintiff any…

Action in the district court for St. Louis county to recover $1,466.12 upon six promissory notes. From an order, Fester, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

William Kelleher, John Kelleher, Mary Kelleher and Margaret Kell-' eher, children and legatees of Dennis Kelleher, deceased, petitioned the probate court for Cottonwood ■ county for an order requiring Susie Kell-eher, as representative of the estate of said testator, to pay them the sum of $2,000 provided by the will of said testator to be paid to them, and obtained an order to show cause.

A. C. Townley and Joseph Gilbert were indicted by the grand jury of Martin county under Laws 1917, p. 764, c. 463, of the crime of publishing and circulating a certain pamphlet which advocated that men should not enlist in the military or naval forces of the United States, and that citizens of Minnesota should not assist in prosecuting the war with public enemies of the United States.

After the former appeal reported in 126 Minn. 14, 147 N. W. 670, the ease was tried before. MeClenahan, J., who made findings and ordered judgment in favor of plaintiff for $5,400. The motion of defendants for additional findings was granted in part and denied in part and plaintiff’s motion for .additional findings was denied. Defendants’ motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendants appealed.

Upon the relation of Maryland Casualty Company the supreme court granted its writ of certiorari directed to the district court of Rice county and the Honorable Arthur B. Childress, one of the judges thereof, to review proceedings in that court under the Workmen’s Compensation Act brought by Kathrine Payant, widow of Albert J. Payant, employee, against William S. Kingsley, employer.

Action in the district court for Hennepin county to recover $2,199.85, a. balance due on the sale of certain real estate. The answer denied that defendants were indebted to plaintiff in any sum whatever.

Upon the relation of Anna B. Lewis and her husband the district court for Hennepin county granted its alternative writ of mandamus directed to the city council of Minneapolis and its members commanding them to accept and approve the plat of Parry Park, presented to the city council for acceptance and approval in November, 1916. Defendant's motion to quash the writ, or demurrer, was sustained, Eockwood, J. From the order quashing the writ, relators appealed.

Action in the district court for Pine county against the persons doing business as Sinclair & Hogan to recover $1,637 for breach of contract.

In the matter of the application to the district court for Earibault county for judgment against certain real estate in the city ol Blue Earth belonging to defendant railway company for taxes and assessments for the year 1914, the company filed its answer, alleging the real estate was part of its right of way and depot grounds, held and used for railway purposes, and for which it had each year paid a gross earnings tax.

Action in the district court for Le Sueur county to recover $913.13 upon a promissory note executed by plaintiff and defendant and paid by plaintiff. The facts are stated in the opinion. The case was tried before Tifft, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict for $986.23. From an order denying her motion for a new trial, defendant appealed.

Two actions in the district court for St. Louis county, one by the wife to recover $15,000 for injuries received in a collision with an automobile belonging to defendant, and the other by the husband to recover $5,000 for injuries to himself, $1,000'for the injuries sustained by the wife, and $275 for medical attendance, loss of services and companionship of his wife. As counterclaim in each action, defendant claimed $1,400 for damages to his automobile.

<p>Action in the district court for Hennepin county by the administrators of the estate of Thomas J. Latterner, deceased, to-recoved $5,984.06 and interest. The answer to the amended complaint alleged that, by depositing the $5,000 in bank, Thomas J. Latterner intended to and did give the same to defendant; that while a resident of Hennepin county, in 1915, Thomas J. Latterner became incompetent; that John A. Diet-helm was duly appointed his guardian by the probate court of that county; that while acting in that capacity Diethelm filed in the probate court an inventory of all property found in possession of his ward, among them a pass-book showing a deposit of $5,000 in the Farmers and Mechanics Savings Banlr in trust for this defendant; that he thereafter delivered the pass-book to defendant; that thereafter he filed his final account and petition for its allowance and his discharge as such guardian; that due notice by publication was given of the filing of the account and the pendency of the petition and, after hearing the objections filed, the probate court allowed the account as presented, and that more than 90 days had elapsed since the filing of the order allowing the account of the guardian, and no appeal therefrom had been taken. The case was tried before Jelley, J., who at the close of the testimony granted plaintiff’s motion for a directed verdict for $5,899.06, with interest from January 11, 1916. Defendant’s motion for a new trial was denied. From the order denying his motion for a new trial and from the judgment entered pursuant to the order for judgment, defendant appealed.</p>

Action in the municipal court of Minneapolis to recover $80 upon 16 promissory notes of $5 each. The facts are stated in the opinion. From an order, C. L. Smith, J., granting plaintiff’s motion to strike out the answer as false, frivolous and sham, defendant appealed. Affirmed.

J. H. Baugh petitioned the district court for Norman county for an order to show cause why certain bills incurred in the construction of Judicial Ditch No. 53 should not be allowed against the counties of Norman and Polk. The matter was heard before Watts and Grindeland, JJ., who made findings and as conclusion of law ordered judgment against each county. From the judgment entered pursuant to the order for judgment, the county of Norman appealed.

Action in the district court for Meeker county by the father of Howard Williams, a minor, to recover $500 for injuries sustained by his son in a collision between defendant’s automobile and the boy’s motorcycle.

Upon the relation of the Common School District No. 1 in Itasca county, the supreme court granted its writ of certiorari directed to the district court for Itasca county to review proceedings in that court, wherein a teacher in the employ of relator was allowed by Wright, J., compensation under the Workmen’s Compensation Act.

.From an order of tlie superintendent of schools of Blue Earth county consolidating school districts Nos. 16, 17, 20, 21, 22, 90 and 106 in that county, William Schultz and others appealed to the district court for that county, where the matter was heard before Comstock, J., who made findings and annulled the action of the county superintendent. All parties moved to amend the findings and conclusions and the Consolidated School District moved for a new trial.

Action in the district court for Anoka county to recover a balance of $1,050, part of plaintiffs commission for selling defendant’s farm. The substance of the answer will be found in the second paragraph of the opinion. The case was tried before Grindeland, J., and a jury which returned a verdict in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county against Motion Picture Machine Operators Union of Minneapolis, Local 219,'International Alliance of Theatrical State Employees of the United States and Canada, an unincorporated association, the officers and members thereof, also Trades and Labor Assembly of -Minneapolis and Hennepin county, an unincorporated association composed of delegates from the various unions of the building trades and other labor union societies, and…

Action in the district court for Ramsey county to recover $17,500 for injuries received while in defendant’s employ. The answer among other matters alleged that the work in which plaintiff was employed, that of switchman, involved certain dangers and hazards which were well known to him and which he assumed as part of his employment; that such injuries as he received resulted from the dangers and hazards Of that employment. The reply was a general denial.

Upon the relation of George E. Miller, the district court for Olmsted county granted its alternative writ of mandamus directed to Julius J. Better, commanding him as mayor of the city of Eochester to sign the license permitting relator to sell intoxicating liquors at the place specified in relator’s application to the common council of that city. Eelator demurred to sections 4 and 5 of the answer.

TJpon tbe petition of Ella S. Bossung, as administratrix of the estate of Henry Bossung, deceased, the supreme court granted its order directing the district court of Hennepin county and Honorable Joseph W. Molyneaux, judge thereof, to show cause why a peremptory writ of mandamus should not issue commanding him to proceed with the trial of an action pending in his court, in which action petitioner was plaintiff and the Hnion Pacific Railroad Company was defendant.

Action in the district court for Hennepin county to recover $856.24 and interest, amount advanced for improvements to a dwelling house. The case was tried before Leary, X, who made findings and as conclusion of law ordered judgment in favor of plaintiff for $606.24. Prom an order denying their motion to amend the findings and set aside the conclusions of law and for a new trial, defendants appealed.

Action in the district court for Carver county to recover $171.51 and to enforce a lien for the same. The case came on for trial before Tifft, J., who sustained defendant’s objection to the introduction of any evidence on the part of plaintiff and granted defendant’s motion for judgment upon the pleadings. Plaintiff’s motion to amend the complaint was denied. From an order denying his motion for a new trial, plaintiff appealed.

Upon the former appeal, reported in 137 Minn. 46, 162 N. W. 1061, from the judgment of the district court for Ramsey county in favor of plaintiff, the judgment was reversed and the case remanded. From the judgment entered in favor of defendant, plaintiff appealed.

Action in the district court for Renville county for divorce on the ground of desertion. The facts are stated in the opinion. The case was tried before Daly, J., who made findings and denied the divorce. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Brown county to recover $3,036.90. Albert Hauser, attorney for plaintiff, obtained an order directing defendant to show cause why the lien of said attorney should not be established and the amount thereof should not be determined. The matter was heard by Olsen, J., who made findings and ordered judgment in favor of the attorney for $250. From an order denying his motion for a new trial, defendant appealed^

Action in the district court for Hennepin county to recover $17,750 general and special damages for injuries received in a collision with an automobile. The separate answers of C. H. Reeves and The Reeves Coal Company alleged negligence on the part of plaintiff. The case was tried before Leary, J., who denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $800 in favor of plaintiff.

Action in the district court for Kandiyohi county to recover $63.75 for work and labor. J. H. Olson was served with garnishee summons, appeared on the return day and made disclosure. See first paragraph of the opinion. Plaintiff’s motion for judgment against the garnishee upon the pleadings for $91.52 was denied, and • judgment ordered discharging the garnishee, Qvale, J. From the order discharging the garnishee, plaintiff appealed.

In proceedings in the matter of Judicial Ditch No. 72, Martin County, the viewers filed their report in the district court showing the benefits to the land in question to be $3',000. There was a hearing upon their report and an order was made establishing the ditch, and fixing the benefits to the land at $2,500. The owners, A. G. T. Broun and another, demanded a jury trial and the jury returned a verdict for $3,000.

N. E, Pardeo obtained from the supreme court an order to show cause why the auditor of Hennepin county should not be restrained from filing under Laws 1917, c. 446, the affidavit of any person as a candidate for nomination for school director of the board of education of the city of Minneapolis for any senatorial district at the ensuing primary election, and wny he should not be directed to cancel the filings of the affidavits of Albert Hedler and Ella W. Bucknam, and any…

Action for divorce in the district court for Hennepin county. The ease was tried before Steele, J., who made findings and ordered judgment in favor of defendant, awarding Mm the care and custody of 4 of the children. From the judgment entered pursuant to the order for judgment and from the order denying her motion for a new trial, plaintiff appealed. Defendant moved to dismiss the appeals.

'•> Action in the district court for Hennepin county. The case was tried before Steele, J., and a jury which returned a verdict for 'plaintiff. From an order denying their motion for judgment notwithstanding the verdict or for a new trial defendants Clem Bofferding and R. O. Haegele appealed.

After the former appeal reported in 135 Minn. 262, 160 N. W. 769, the case was tried upon the record made, upon the former appeal, Searles, Jr., who ordered judgment in favor of plaintiffs. Defendants appealed from the judgment entered pursuant to the order. Plaintiffs moved to dismiss the appeal on the ground that it was not taken in good faith.

Action, in the district court for Hennepin county to recover $10,000 for injuries caused by being struck by defendant’s automobile. The answer alleged contributory negligence on- the part of plaintiff. The case was tried before Steele, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county by the administrator of the estate of John Dean, deceased, to recover $7,500 for the death of his intestate. The answer alleged the accident was due to carelessness and negligence on the part of decedent. The case was tried before Clin B. Lewis, J., and a jury which returned a verdict for $1,000. From an order denying defendant’s motion for judgment notwithstanding the verdict, it appealed.

Defendant was indicted by the grand jury charged with the crime of indecent assault upon a female child, tried in the district court for Polk county before Watts, J., and a jury which found him guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to foreclose mechanics’ liens. The case was tried before Orr, J., who .made findings and ordered judgment in favor of certain lien claimants and in favor of Olga Lindsay against the contractor. The contractor’s motion for a new trial was denied. From the judgment in favor of Olga Lindsay, Adolph Wurtz appealed.

Action in the district court for Dakota county in ejectment and to recover $1,000 damages caused by the malicious construction of a garage so close to plaintiff’s house as to cut off light. The answer alleged that immediately after defendants received title to their premises, plaintiff erected a house thereon, knowing that the land belonged to defendants, whereby defendants were damaged in the sum of $1,000.