Volume 141 — Minnesota Reports

Upon the relation of J. A. A. Bnrnqnist and W. E. Rhinow, the supreme court granted its alternative writ of prohibition, directed to the district court for Ramsey county and the judges thereof, commanding them to refrain from any further proceeding against relators in a proceeding for contempt in that court.

Gust Erickson was convicted in the municipal court of the city of Virginia of violating Ordinance No. 180 of that city, prohibiting the sale of intoxicating liquors, and committed to the custody of the chief of police. Upon the relation of Erickson the district court for St. Louis county granted its writ of habeas corpus directed to the chief. At the hearing the prisoner was remanded, Freeman, J. From the order remanding him, relator appealed.

Action in the district court for Hennepin county to recover $5,000 for services in acting as attorney for defendant in an action for divorce. The answer alleged that plaintiff performed the services for the agreed sum of $50 and that plaintiff had been fully paid therefor. The case was tried before Steele, J., and a jury which returned a verdict for $250. From an order denying his motion for a new trial, plaintiff appealed.

<p>Action in the district court for Beltrami county to recover $30,000 for personal injuries. The answer alleged contributory negligence on the part of plaintiff and that he assumed the risks and hazards incident to his employment. The case was tried before Stanton, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for .$17,000. Defendant’s motion for judgment nowithstanding the verdict was denied, and its motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $15,000. From the order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.</p>

Action in the district court for Beltrami county to recover $30,000 damages for personal injuries. The answer alleged plaintiff’s contributory negligence and that he assumed the risks of his employment. The case was tried before Stanton, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony its motion for a directed verdict, and a jury which returned a verdict for $24,000.

Action transferred to the district court for McLeod county to recover a balance of $643.42 for services rendered. The substance of the separate answer of H. J. Langfitt is given in the first paragraph of the opinion. The case was tried before Tifft, J., who when defendant rested denied plaintiff’s motion for a directed verdict against defendant Langfitt, and a jury which returned a verdict for the amount demanded.

Action in replevin in the district court for Hennepin county by the persons composing the firm of Bradshaw Brothers to recover possession of an automobile, or, in ease recovery could not be had, for $1,000, the value thereof, and $200 for its detention. The ease was tried before Jelley, J., who granted plaintiffs’ motion to dismiss the action. The proceedings thereafter are stated in the first paragraph of the opinion.

<p>Equity — defect waived by answering on the merits.</p> <p>1. The objection that an action brought in equity is not of equitable cognizance is waived where the defendant answers and submits the case upon the merits without raising that objection.</p> <p>Abatement and revival — action to cancel certificate after death of insured.</p> <p>2. The action having been brought against the insured to cancel a beneficiary certificate issued to her, under which different amounts were payable to each of two beneficiaries, and the insured having subsequently died, and one of the beneficiaries being beyond the jurisdiction of the court, the action was properly continued against the beneficiary within the jurisdiction.</p> <p>When stipulation of attorneys may be avoided.</p> <p>3. The attorneys may stipulate that an action shall abide the event of another action, if controlling issues in the action are involved in such other action; but such stipulation may be avoided for fraud or mistake, and the court may relieve a party therefrom if it was improvidently made and in equity and good conscience ought not to stand.</p> <p>Presumption as to stipulation — reversal on appeal only for abuse of discretion.</p> <p>4. A stipulation is presumed to be valid and binding and the refusal of the court to relieve a party therefrom will be reversed by an appellate court only for an abuse’of judicial discretion. There was no abuse of discretion in this case.</p>

Hpon the relation of J. O. Eenning the district court for St. Louis county granted its writ of habeas corpus directed to Mrs. A. E. Armstrong. At the hearing before Eesler, J., relator’s demurrer to the return on the ground that relator had an absolute legal right to the custody of his daughter, was sustained, and the court admitted no evidence but ordered judgment in favor of relator. From the judgment entered pursuant to the order for judgment, respondent appealed.

Action in the district court for Wabasha county to recover $337 upon a promissory note. The answer alleged the note was procured by fraud. The case was tried before Callaghan, J., who at the close of the testimony denied motions for directed verdicts, and a jury which returned a verdict for defendant. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $1,600. The answer was a general denial. The ease was tried before Michael, J., and a jury which returned a verdict in favor of plaintiff for $1,704. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in justice court to recover $99 for injury to two pianos shipped from Chicago over defendant’s road. Defendant appealed from the judgment of the justice of the peace to the district court for Eillmore county, where the appeal was heard by Catherwood, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for the amount demanded. Erom an order denying its motion for judgment notwithstanding the verdict, defendant appealed.

Defendant was indicted by the grand jury charged with the crime of robbery in the first degree, tried in the district court for Hennepin county before Dickinson, J., 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.

Action in the district court for St. Louis county. The facts in relation to tbe application for a change of venue to Carlton county are stated at tbe beginning of the opinion. From an order, Dancer, J., striking tbe cause from tbe March calendar of the district court, plaintiff appealed.

Upon the relation of McCarthy Brothers Company the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable Charles S. Jelley, one of the judges thereof, to review the proceedings in that court under the Workmen’s Compensation Act brought by Blanche Von Hagen, as widow and mother of three children, against relator, as employer.

Action by four taxpayers of Koochiching county to restrain the county board of that county from allowing any bill or claim against the general revenue fund of the county or authorizing the payment of any money to N. B. Arnold, for alleged services as special county attorney or otherwise, or in connection with county investigation into the construction of judicial ditches.

Action in the district court for McLeod county to have a certain contract declared null and void. From an order, Daly, J., sustaining defendants’ demurrer to the complaint, plaintiffs appealed.

Action in the district court for Swift county to recover $15,000 for injuries received while in defendant’s employ. The answer alleged contributory negligence on the part of plaintiff. The case was tried before Daly, J., and a jury which returned a verdict for $3,122. Defendant’s motion for judgment notwithstanding the verdict was denied and its motion for a new trial was granted unless plaintiff consented to a reduction of the verdict to $2,500.

Action, by the receiver of the Herbert Pearce Company to recover $15,000 on defendant’s double liability as a stockholder. The case was tried in Ramsey county before Michael, J., who when defendant rested denied motions for directed verdicts, and a jury which returned a verdict in favor of defendant. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

TJpon the petition of Albert M. Wheeler, the district court for Hennepin county granted its order directing J ay W. Crane to show cause why an order should not be made requiring him to execute and deliver to petitioner a substitution of attorneys in a certain action then pending and deliver certain documents belonging to petitioner. The answer to the petition set up an attorney’s lien upon the documents for his compensation.

Martin Olson and Henry Meyers were indicted by the grand jury for storing, keeping, and having in possession for sale intoxicating liquor, contrary to Laws 1915, c. 23, § 13, tried in the district court for Clay county before Eoeser, J., and a jury, and convicted. From order denying his motion for a new trial Olson appealed.

Upon the relation of Viktor Lundgren the supreme court granted its writ of certiorari directed to the district court for Washington county and the Honorable J. N. Searles, judge thereof, to review proceedings in that court under the Workmen’s Compensation Act brought by relator, as employee, against Inter-State Lumber Company, as employer.

Action in the district court for Lyon county to recover $20,000 for injuries received while in defendant’s employ. The answer alleged that prior to the commencement of the action plaintiff released defendant from all claims arising out of the injuries received by him, and that plaintiff assumed the risks of the employment.

Action in the district court for Hennepin county against the persons doing business under the firm name of The Liberty Theatre Company to recover $1,400. At the first trial the court directed a verdict in favor of defendants. Plaintiff’s motion for a new trial was granted and he was permitted to amend the complaint so as to state a cause of action for money had and received. The second trial was before Hale, J., who directed a verdict for $1,072.50.

Mae E. Rogers, widow o£ decedent, petitioned the probate court for Hennepin county for an allowance for her support, and the probate court granted her $500 per month until the further order of the court. From that order the executors of the estate of John E. Rogers, deceased, appealed to the district court for that county, where the matter was heard before Rockwood, J., who made findings and reversed the order of the probate court.

Action in the district court for St. Louis county against John Gouze and the Aetna Accident & Liability Company to recover $7,500 for the death of plaintiff’s husband. In his separate answer defendant Gouze expressly denied that either at the time or times mentioned in the complaint or at any other time he unlawfully sold or furnished to deceased any intoxicating liquors. The same denial was made in the' separate answer-of the defendant corporation.

Action in the municipal court of Minneapolis to recover $158.33 for negligence in delivery of a carload of seed wheat in violation of the terms of the bill of lading. The answer alleged that if the Grand Forks Seed Company inspected the car it did so without the knowledge or consent of defendant. The case was tried before Charles L. Smith, J., who made findings and ordered judgment in favor of defendant.

Actio-n in the district court for St. Louis county against the persons doing business under the firm name of Saari Brothers to recover a balance of $491 due upon a contract. The answer alleged that defendants had paid plaintiffs in full. The ease was tried before Hughes, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and at the close of the testimony denied their motion for a directed verdict, and a jury which returned a verdict for $531.84.

Defendant was indicted by the grand jury of Hennepin county for the crime of carnal knowledge and abuse of a child under'the age of 18 years. His motion for an order requiring the state to make the indictment more definite and certain or, in case of the denial of the motion, for an order requiring the state to furnish him with a bill of particulars, was denied by Jelley, J. Defendant’s demurrer to the indictment was overruled.

Action in the 'district court for Morrison county against Gertrude Bodson, George H. Niles, Bowler Securities Company, and also all other persons and parties unknown claiming any right, title, estate, interest or lien in the real estate described in the complaint, to quiet title to certain vacant and unoccupied land. The facts are stated in the opinion. The case was tried before Parsons, J., who made findings and as conclusion of law dismissed the action.

Action in the district court for Crow Wing county to recover $30,000 for injuries received when riding in an automobile upon one of the streets in defendant city. The ease was tried before Stanton, J., and a jury which returned a verdict for $10,000. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $50,100 for injuries received through the alleged reckless driving of an automobile. The answer alleged negligence on the part of plaintiff. The case was tried before Eish, J., who when plaintiff rested granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Upon the relation of the attorney general the district court for Washington county granted its alternative writ of mandamus commanding Four Lakes Rural Telephone Company to forthwith give to Henry Sullwood the same telephone facilities and service as to other subscribers upon its lines or show cause why it had not done so. Motion oh the pleadings for a peremptory writ granted. From an order, Searles, J., directing that a peremptory writ be issued, respondent-.appealed.

Action in the district court for Hennepin county for a decree declaring a certain warranty deed a mortgage and for an accounting. The ease was tried before Steele, J., who made findings and ordered judgment in favor of defendants. Plaintiff’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Abraham Slimmer, Jr., and Charles Bechhoefer petitioned the probate court of Ramsey county for the allowance of the last will and testament of Abraham Slimmer, deceased. From an order admitting the will to probate, Adolph Lipman appealed to the district court for that county.

Proceeding in the district court for Brown county to charge defendant with being the father of a bastard child. The matter was tried before Olsen, J., who made findings and ordered judgment that defendant pay for the support of the child and give bond for the performance of the judgment. From an orden denying his motion for judgment in his favor or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $1,400 commissions upon an exchange of real property.

Action in the district court for Hennepin county for an order restraining defendants from slandering the title to certain real property, either to the tenants or other persons, praying that the court would ascertain that there was a contract which placed the ownership and right of possession thereof in plaintiff, and gave an option to defendant Herminia McHie to repurchase the same, and for a decree that the property was free from the proposed option and that the premises be…

Action in the district court for Eamsey county by the administratrix of the estate of John Everett Nash, deceased, to recover $25,125 for the death and burial expenses of her intestate.

The estate of Michael Clifford, deceased, was administered in the probate court of Hennepin county and a final decree entered distributing the whole of the estate, after payment of debts and charges, to the state of Minnesota. Thereafter Mary Clifford petitioned the district court of that county for a decree that she was a sister of deceased, his sole heir at law, and entitled to Ms estate.

Action in the district court for Blue Earth county by the administrator of the estate of Albert E. Moehlenbrock, deceased, against Parke, Davis & Company, a corporation, John P. Eosenwald and Eoy M. Andrews, to recover $7,500 for the death and funeral expenses of his intestate.

Two actions in the district court for Ramsey county to recover for personal injuries received when a motor truck upon which plaintiffs were riding collided with defendant’s street car. The answer alleged negligence on the part of plaintiff. The cases were tried separately before Brill, J., who denied defendant’s motions for directed verdicts, and a jury which returned a verdict of $300 in the Erickson case and a verdict of $2,500 in the O’Malley case.

Action in the district court for Wright county to recover $3,000 for injury to certain land caused by defendant’s negligence.

Action in the district court for Brown county to recover $1,200 upon defendant’s insurance certificate. The facts are stated in the opinion. The case was tried before Olsen, J., and a jury which returned a verdict in favor of plaintiff for $1,312.80. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $60,000 for injuries received in a collision while a passenger on defendant’s train and $1,500 for expenses incurred. The answer was a general denial. The case was tried before Steele, J., and a jury which returned a verdict in favor of plaintiff for $20,000. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $25,000 for personal injuries. The answer alleged negligence on the part of plaintiff and that he knew, appreciated and assumed the risks. The case was tried before Fish, J., who at the close of the testimony granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Defendant was indicted by the grand jury of Big Stone county, charged with the violation of section 3, e. 463, of the Laws of 1917. He demurred to the indictment. The demurrer was overruled, Flaherty, J., and the case certified to the supreme court upon the questions raised by the demurrer.

Action in the district court for Lac qui Parle county to rescind a .certain contract and to recover $1,500 paid thereon. ¡The answer prayed that the contract be reformed by striking therefrom the words “containing 59 acres more or less” and by striking out the expressed consideration of $3,150 and inserting therein and in lieu thereof the true consideration, namely, $2,725. The case was tried before' Daly, J., who made findings and ordered judgment in favor of defendant.

Action in the district court for Wright county to recover $8,500 for injuries received while in defendant’s employ. The answer alleged negligence on the part of plaintiff and that he knew and appreciated the risks of his employment. The case was tried before Eish, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,100. From the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Winona county to recover $3,180. The answer alleged, among other matters, that on February 27, 1917, judgment was rendered in an action between the same parties; set up that judgment as a bar to the present action, and interposed counterclaims for $276.10. The case was tried before Callaghan, J., who made findings and ordered judgment in favor of plaintiff for $1,578.25.

Action in the district court for Hennepin county to recover $11,350 for an alleged breach of trust. In his answer defendant admitted that certain stock issued to and owned by Oscar Rask in the Norman Bakery Company was transferred to plaintiff by her husband; that on or about February 1, 1915, defendant sold and transferred his stock in the corporation to one A. E. Watson. The case came before Fish, J., who granted defendant’s motion for judgment on the pleadings.

After the former appeal, reported in 131 Minn. 221, 154 N. W. 1091, the case was tried before Hanft, J., who at the clase of the testimony-granted defendants’ motion for a directed verdict. Erom the judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Dakota county to recover $1,236.27 for breach of. contract and to have the judgment made a lien upon the premises described in the complaint. The answer interposed a counterclaim, alleging that plaintiff, subsequent to the commencement of the action, with force and violence entered upon the premises and removed therefrom large and material parts of the permanent improvements to the value of $300.

Defendant was indicted by the grand jury of Martin county charged with the crime of seditious and disloyal teaching, tried in the district court for that county before Tifft,’ J., who at the close of the testimony denied defendant’s motion that the proceeding be dismissed, and a jury which found defendant 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 by Jacob Leuthold, Jr., and Fireproof Storage Company for the cancelation of two easements mentioned in the fourth paragraph of the opinion, for the restitution of the demised premises, for a decree of the court prohibiting the defendant, its agents and servants, from using any part of the demised premises or the easements, and to recover $1,650 for use and occupation. The facts are stated in the opinion.

Two actions in tbe district court for Wright county, one by the husband of Nora Oletzky to recover $1,500 for loss of companionship and services of his wife and expenses incurred by him, and the other by the wife to recover $10,000 for injuries received on defendant’s train. The amended answers alleged negligence on the part of Nora Oletzky and that she knew and assumed the risks incurred.

The proceedings after the former appeal, reported in 140 Minn. 366, 168 N. W. 581, are narrated in the first paragraph of the opinion. From the order of the district court for Ramsey county, Michael, J., defendant appealed.

Action in the district court for Hennepin county to recover $2,600 upon three contracts for the purchase of land. The answer admitted the receipt of $1,200 from plaintiff and the execution of a contract of ■purchase between plaintiff and W. G. Campbell, and specifically denied that any demand was made by plaintiff upon defendant in the 90 days, as provided by the written contract.

Action transferred to the district court for Hennepin county to determine adverse claims to certain lands. The cause was tried before Hale, J., who made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiffs appealed.

Action in the district court for Nobles county to recover $470, the alleged price of 11 head of cattle sold and delivered. The answer alleged that defendants bought 12 head of cattle for $450, and plaintiff delivered 11 head of cattle of the agreed and reasonable value of $414 and no more. The ease was tried before Nelson, J., who directed a verdict in favor of plaintiff for $470 or for $414. The jury returned a verdict for $450.84.

Action in the district court for Ramsey county to recover $1,217 for conversion. The facts are stated in the opinion. The case was tried before Brill, J., and a jury which returned, a verdict in favor of Andrew Sehoch for $298.24 and against the Andrew Sehoch Grocery Company for $712.50. From an order denying their motion for a new trial, defendants appealed.

Enoch Carlson appealed to the district court for Otter Tail county from an order of the town board of the township of Elmo vacating a certain cartway. The appeal was heard before Parsons, J., who at the close of the testimony denied appellant’s motion to instruct the jury to reverse the action of the board of supervisors vacating the cartway, and a jury which sustained the order of the supervisors.

Action in the district court for Ramsey county. From an order, Hanft, J., sustaining defendants’ separate demurrers to the complaint, plaintiff appealed.

Action in the district court for Le Sueur county to recover $5,000 for malicious prosecution. The ease was tried before Tifft, J., who at the close of the testimony granted defendants’ motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Action by the guardian of the estate of Peter Schletti, incompetent, in the district court for Ramsey county for cancelation of a certain deed and for an accounting of the rents and profits of the real estate. The answer alleged that Peter Schletti possessed a sound mind and was competent at the time he conveyed the real estate; that he realized the nature of the transaction and that he persuaded defendant to purchase the real estate in question.

Action in the district court for Ramsey county to recover $1,001.75 for onion seed sold and delivered. The facts are stated in the opinion. The case was tried before Michael, J., who made findings and ordered judgment in favor of 'plaintiff for $951.70. From an order denying its motion for a new trial, defendant appealed.

<p>Lease — landlord’s exemption from liability for loss from Are — negligence.</p> <p>1. A stipulation in a lease of a building for commercial purposes exempting the lessor from liability for loss or injury to the goods of the lessee occasioned by a fire “howsoever coming upon or being within” the leased premises, construed and held to include a fire caused by the negligence of the lessor.</p> <p>Same — stipulation vaMd, when.</p> <p>2. A stipulation of that kind where unaffected by public interests or 'public policy, and not prohibited by statute, is valid and enforceable.</p>

Defendant was indicted by the grand jury of Goodhue county charged with the crime of discouraging enlistment in the military and naval forces of the United States, tried in the district court for that county before Johnson, J., and a jury, and found guilty as charged in the indictment. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Upon the relation of Jake Eder and Max Krause the supreme court granted its writ of certiorari directed to the district court for Washington county, the Honorable J. N. Searles, judge thereof, and the clerk of that court, to review contempt proceedings in that court wherein relators were fined $50 each.

Eli Southworth and Charles J. Traxler, members of the state board of law examiners, filed accusations of wilful misconduct in his profession of attorney at law against Abe S. Ginsberg, and prayed that he be removed from his office as an attorney. The facts are stated in the opinion. The accused filed a general denial. Testimony was taken and the matter was argued. Suspended from practice with privilege to apply for removal of the suspension after the expiration of one year.

Action in the district court for Hennepin county against the persons doing business as tlie Sharon Milling Company to recover $493.84 for a grain cleaner and equipment sold to defendants.

<p>Promissory note subject to all defenses — evidence.</p> <p>1. Tbe trial court was justified by tbe evidence in finding that plaintiff was not a bona fide holder of tbe promissory note in suit, and that its title was subject to all equities and defenses wbicb might have been interposed against tbe payee.</p> <p>Same —- admissible evidence.</p> <p>2. Any competent evidence wbicb would establish tbe defense of payment as against tbe payee is admissible against tbe bolder with notice.</p> <p>Same — findings in prior action admissible.</p> <p>3. Tbe findings and decision of tbe court in an action between tbe maker and payee, by wbicb tbe payment of tbe note as between those parties was conclusively established -as against tbe payee, held admissible against plaintiff.</p> <p>No error.</p> <p>4. The record presents no reversible error.</p>

Action in the district court for Hennepin county by the administrator of the estate of Zilpha Edwards, deceased, to recover $2,000 upon defendant’s fire policy. Among other matters, the answer specifically denied that at the time of her death decedent was the owner in fee of the real estate, and alleged that before the fire decedent and her husband conveyed the real estate by deed without the consent of defendant and in violation of the terms of the policy.

Action in the district court for Ramsey county to recover $6,130 for injuries to plaintiff’s person and property in a collision with defendant’s car. The defense was negligence on the part of plaintiff. The case was tried before Hanft, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $400. From an order granting defendant’s motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in the district court for Sibley county to recover $2,500 upon a promissory note. The case was tried before Tifft, J., who denied defendant’s motions to dismiss the action, and directed a verdict in favor of plaintiff for $2,777. From an order denying defendant’s motion for a new trial, he appealed.

Action in the district court for Ramsey county to recover $1,721.64 upon promissory notes. One defense is stated in the first paragraph of the opinion. The case was tried before Haupt, J., who denied defendant’s motion to dismiss the action, and granted plaintiff’s motion for a directed verdict for $1,300 and interest. From the judgment for $2,123.61, entered pursuant to the verdict, defendant appealed.

From an order of the board of county commissioners of Renville county, granting a petition for the enlargement of Independent School District No. 79, School District No. 85 in that county, by its duly elected school board, appealed to the district court of that county, upon the ground that the action of the county commissioners was against the best interests of the territory affected, and that it was not conducive to the good of the inhabitants of School District No. 85, and…

Action in the district court for Beltrami county to recover $300 for the conversion of a quantity of Jack pine logs. The answer was a general denial. The case was tried before Stanton, 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 district court for Ramsey county to set aside a judgment canceling a benefit certificate and to recover $1,000. The facts are stated in the opinion. The ease was tried before Haupt, J., who granted defendant’s motion to strike from the files plaintiff’s amended complaint and for judgment in its favor. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of James F. Martin the supreme court’ granted its writ of certiorari directed to the Honorable J. A. A. Biirnquist, Governor of the state of Minnesota, and the district court of Dodge county, to review proceedings had in that court for the removal of relator from the office of judge of probate for that county. The Governor of Minnesota has no jurisdiction to remove a judge of probate from office, because a judge of probate is not an “inferior officer.” Minn.

Action in the district court for Ramsey county to foreclose a second mortgage upon certain real estate and to appoint a receiver of the mortgaged premises pending foreclosure. An order requiring defendants to show cause why a receiver pendente lite should not be appointed, Haupt, J., was discharged, and the application denied. From the order denying the application, plaintiff appealed.

Action in the district court for St. Louis county by the trustee in bankruptcy of George E. Blackwood to set aside a conveyance of real estate. The answer alleged that the conveyance was not made for the purpose of delaying or defrauding creditors, but for the purpose of giving to defendant that which already belonged to him. The facts are stated in the opinion. The case was tried before Eesler, J., and a jury.

Action in replevin in the district court for Olmsted county or in case the property could not be returned for $500, its value, and $50 damages for its detention. The case was tried before Callaghan, J., and a jury which returned a verdict in favor of defendant. Plaintiff’s motion for a new trial was denied. Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the municipal court of Minneapolis to. recover $336.20 for services and expenses. Defendant in its answer alleged that while plaintiff was in its employ, plaintiff borrowed certain sums of money and that he still owed defendant thereon a balance'of $556.02, but that to permit the court to have jurisdiction defendant was willing to waive all in excess of $500, for which defendant demanded judgment.

Action in the district court for Hennepin county to recover $302.29, balance due upon a contract. The answer alleged that on June 30, 1917, by mutual agreement the parties terminated the contract; that plaintiff had been overpaid $31.50; that defendant furnished plaintiff an automobile to be used in its business; that plaintiff appropriated the car to his own use and that he damaged it to the extent of $285.80.

From an order of the probate court for Hennepin county, Dahl, J., disallowing the claim of William P. Mason against the estate of Marion W. Savage, deceased, for $16,400 and interest, the claimant appealed to the district court for that county. In the district court the claimant filed his complaint.

Upon the relation of the 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 William E. Hale, one of the judges thereof, to review the proceedings in that court under the Workmen’s Compensation Act brought by Lena Chambers, widow of Thomas H. Chambers and mother of Marion Chambers, against C. C. Wyman & Company, employer.

Action in the district court for Hennepin county to recover $1,375, the purchase price of certain land alleged to be nonexistent.

Action in the district court for Norman county to recover $5,300 for injuries received and expenses incurred through alleged negligent driving of defendant’s car by his minor son.

Action in the district court for St. Louis county to recover $520, damages caused by delay in transmission of a telegram.

Aage Hanson petitioned the probate court for Douglas county for the allowance of the last will and testament of Bodil Larson, deceased. Hannah Hanson filed objections to the allowance of the will. From the order of the probate court disallowing the will, petitioner appealed to the district court for that county. The appeal was heard before Roeser, J., who made findings and reversed the order of the probate court.

Action in the district court for Hennepin county to recover $14,800 for breach of contract. The facts are stated in the opinion. The ease was tried before Eockwood, J., who when plaintiff rested and at the close of the testimony denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $14,235.73. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Pipestone county by the administratrix of the estate of CJifton Bowers, deceased, to recover $25,000 for the death of 'her intestate. The answer alleged that deceased met his death while trespassing upon the premises of defendant and that it was caused by his own want of due care.

Action in the district court for Itasca county to sequestrate the property of defendant corporation and for the appointment of a receiver. Upon filing the complaint and affidavits plaintiff was appointed receiver pendente lite. Subsequently the receiver petitioned the court to enforce the constitutional liability of the stockholders and that the court appoint a time for hearing pursuant to sections 6445, 6446-, 6. S. 1913.

Action in the district court for Itasca county to recover possession of certain real estate. The facts are stated in the opinion. The case was tried before Wright, J., and a jury which answered in the manner stated the two questions set forth in the second paragraph of the opinion. The court made findings and ordered judgment in favor of defendant. The subsequent proceedings are narrated in the third paragraph of the opinion.

Action in the district court for Fillmore county by the executor of the estate of Ensign Bolles, deceased, to recover contribution from joint makers of a promissory note. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. From an order, Catherwood, J., overruling his demurrer to the complaint, defendant appealed.

Action in the municipal court of Minneapolis to recover $89.80 for damage caused by delay in a shipment of wheat. The answer was a general denial. The case was tried before Montgomery, J., who at the close of the testimony denied motions for directed verdicts and a jury which returned a verdict for $54.64. Defendant’s motion for judgment notwithstanding the verdict or for a new trial was denied. From the order denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county for the appointment of a receiver for defendant corporation, for the cancelation of the Crawford stock, and to restrain defendants from parting with any of the stock of defendant corporation.

Action in the district court for Benton county to recover $747.60 for false representations in the purchase of seed wheat. The facts are stated in the opinion. The case was tried before Roeser, J., and a jury which returned a verdict for $400. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $1,938.30. The case -was called for trial before Dickson, J., who granted plaintiff’s motion for judgment on the pleadings, denied defendant’s motion for judgment on the pleadings and ordered judgment as demanded in the complaint. From the judgment, defendant appealed.

Action in the district court for Beltrami county to recover $2,500 for the delivery and publication of a false and defamatory telegram. The answer alleged that the transmission and delivery of the telegram was privileged by law, and that the message did not in the course of transmission and delivery become known to any person except W. J. Patón, to whom it was addressed, and the employees of the telegraph companies who were necessarily engaged in its transmission.

Action in the district court for Ramsey county to recover $15,000 for injuries from a fall caused by a dangerous accumulation of ice and snow upon a sidewalk in defendant city. The defense was that plaintiff’s injuries were caused by her own negligence and that the conditions and risks were obvious to her and assumed by her. The case was tried before Hanft, J., and a jury which returned a verdict in favor of defendant.

Action in the district court for Hennepin county to recover $1,000 upon a promissory note. The defense is stated in the second paragraph of the opinion. The case was tried before Leary, J., who made findings and ordered judgment for the amount demanded. From an order deny-' ing his motion for a new trial, defendant appealed.

Action in the district court for Swift county to recover $4,400 for trespass. The facts are stated in the opinion. The case was tried before Daly, J., who when plaintiff rested granted defendant De Wall’s motion to dismiss with prejudice the action as to him, and at the close of the testimony denied defendant Dresser’s motion to dismiss the action as to him.

Action in the district court for Ramsey county for an accounting and to recover $4,717.67. The case was tried before Brill, J., who made findings and ordered judgment in favor of defendants. Plaintiff’s motion for judgment in its favor for $4,723.65 or for a new trial was denied. From the order denying its motion, plaintiff appealed.

Action in the district court for Hennepin county to recover $3,35( upon certain promissory notes. The answer alleged that the notes anc the mortgages securing them were void because of usury and demandec that the notes be canceled. The ease was tried before Dickinson, J., anc a jury which returned a verdict for $2,783.65. From an order granting defendants’ motion for a new trial, plaintiff appealed.

Action in the district court for Dakota county to recover $5,020 for injuries to plaintiff’s person and property received in a collision between the automobile which he was driving and defendant’s street car. The answer alleged that any injury received by plaintiff was due to his own negligence.

Action in the district court for Hennepin county by plaintiff, doing business as the Augsburg Publishing House, to set aside certain deeds; to subject the property thereby conveyed to the payment of plaintiff’s judgment; and to require defendant Stephen Csaszar to disclose his interest in the property and to subject it to the payment of plaintiff’s judgment.

Action in the district court for Stearns county to cancel a certain deed and mortgage. The facts are stated in the opinion.

Action in the district court for Bamsey county to recover for conversion of the proceeds of 79 checks aggregating $2,288.40. The facts are stated in the opinion. The case was tried before Olin B. Lewis, J., who at the close of the testimony denied motions for instructed verdicts, and a jury which returned a verdict in favor of defendants. Plaintiff’s motion for judgment notwithstanding the verdict was granted for the amount of plaintiff’s demand, less $396.

In proceedings in the district court for Freeborn county to enforce taxes and penalties remaining delinquent on real property on the first Monday in January, 1916, defendant railway company interposed an answer setting up that in proceedings to establish County Ditch No. 25 the board of viewers made its report-in writing estimating the benefits to the several parcels of real estate described, and belonging to defendant, from the construction of the ditch in the full sum of…

Action in the district court for Murray county against the executor of the estate of Neis Gummeson, to enforce specific performance of an oral contract by testator to make his will in favor of plaintiff. The answer was a general denial. The ease was tried before Nelson, 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 Hennepin county to compel the conveyance of certain land. The separate answer of defendant company alleged that it was at all times ready and willing to convey the land to the party legally entitled to it, as the court might decree. The separate answer of defendant Koch alleged that an agreement was made in writing with defendant company to convey the land to defendant for the consideration of $960.

Action in the district court for Hennepin county by the special ad ministrator of the estate of William Young, deceased, to recover $7,70( for the death and funeral expenses of his intestate. The answer alleged that any injury to the intestate was caused by his own negligence.

Action in the district court for Ramsey county to recover $3,000 for trespass. The facts are stated in the opinion. The case was tried before Haupt, J., -who refused defendant’s request to limit plaintiffs’ recovery to $13.50, and a jury which returned a verdict for $220. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Rice county for the crime of murder in the first degree. ‘Defendant’s motion to quash the indictment on the ground that his wife Josephine appeared before the grand jury and gave testimony in the cause without his consent contrary to subdivision 1 of section 2375, G-. S. 1913, was denied.

Upon the petition of Ralph W. Anderson, the supreme court directed the district court for Blue Earth county and the Honorable W. L. Comstock, judge of that court, to show cause why a peremptory writ of mandamus should not issue to change the place of trial- of the action mentioned in the opinion from Blue Earth county to Nobles county.

Defendant was indicted by the grand jury charged with the crime of dissuading a witness from attending court pursuant to subpoena, tried in the district court for Hennepin county before Jelley, J., and a jury, and convicted. Defendant’s motion to set aside the verdict or for arrest of judgment was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Upon the relation of Christian A. Peterson the supreme court granted its order directing the district court for Pine county and the Honorable Jasper N. Searles, judge thereof, to show cause why a peremptory writ of mandamus should not be granted to reverse the order of that court denying relator’s motion to strike from the calendar of the Pine county court the case of Webb v. relator, and to transmit the papers and flies in that action to the district court for Lyon county.

Action in the municipal court of Mankato to recover $16.50 upon an account stated. The case was tried before Plymat, J., who made findings and as conclusions of law ordered judgment in favor of defendant for two dollars. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Defendant was indicted by the grand jury of Steele county, charged with the violation of section 3, c. 463, of the Laws of 1917. Defendant demurred to the indictment on the ground that it did not state facts sufficient to constitute a public offense. The demurrer was overruled, Childress, J., and the case certified to the supreme court upon the questions raised by the demurrer.

Milton Y. Cook was indicted by the grand jury of Martin county for the crime of wilfully and unlawfully refusing to surrender divers papers and books appertaining to his office of treasurer of ¡School District No. Ill, tried in the district court for that county before Dean, J., and a jury which found him guilty as charged in the indictment.

Action in the district court for Ramsey county to restrain defendants from erecting a garage within 20 feet of plaintiff’s dwelling and for a temporary injunction until the action can be tried and determined on its merits. Plain- . tiff obtained an order requiring defendants to show cause why a temporary injunction should not issue. Prom an order, Dickson, J., granting the temporary injunction, defendants appealed.

Action in the district court for Scott county to recover a balance of $28.30 for merchandise sold and delivered. The defense is stated in the opinion. The case was tried before Tifft, J., and a jury which returned a verdict for $31.09. From an order denying his motion for a new trial, defendant appealed.

Upon the relation of' Charles F. Norwood the supreme court granted its writ of certiorari directed to the Honorable L. S. Nelson, judge of the district court, Thirteenth judicial district, county of Nobles, to review the action of that judge in making an order denying the motion of relator for an order granting an inspection of all ballots in every precinct in the Twelfth -senatorial district, comprising the counties of Murray, Pipestone and Lincoln, and appointing…

Action in tbe district court for Sibley county to recover $2,300 upon a promissory note. Tbe case was tried before Tifft, J., who directed a verdict in favor of plaintiff for $2,554.90. From an order denying his motion for a new trial, 'defendant 'appealed.

Upon the relation of the Chicago, Milwaukee ■& St. Paul Railway Company and another the supreme court granted its order to show cause why the district court of Yellow Medicine county should not be absolutely restrained from trying the case of Marion C. Johnson v. Chicago, Milwaukee & St. Paul Railway Company and another during government control of the railroad.

Action in the district court for Yellow Medicine county to recover $40,000 for injuries received. The answer alleged plaintiff’s injuries were due to the dangers and risks incident to riding in a car of immigrant movables which he assumed. The case was tried before Qvale, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $5,000.