Volume 142 — Minnesota Reports

Defendant was indicted by tbe grand jury of Beltrami county charged with the crime of murder in the first degree, tried in the district court for that county before Stanton, J., and a jury which found defendant guilty of murder in the second degree. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $10,000 for assault and battery. The answer was a general denial. The case was tried before Brill, J., who. when defendant rested denied its motion for a directed verdict, and a jury which returned a verdict for $2,500. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Polk county to recover $10,000 for injuries received while alighting from defendant’s train. The answer alleged contributory negligence on the part of plaintiff. The case was tried before Watts, J., and a jury which returned a verdict for $500. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Clearwater county to recover $404.03 upon certain village warrants. The defenses pleaded in the answer are stated in the second paragraph of the opinion. The case was submitted upon stipulated facts to Wright, J., who made findings and dismissed the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to restrain defendant from removing any part of a heating plant from a certain building and to recover $500 for injury to the property. The answer set up a counterclaim for $1,200 for the conversion of the heating plant by plaintiff.

Action in the district court for St. Louis county to recover for breach of contract.

Upon the relation of the Banner Grain Company the district court for Hennepin county granted its alternative writ of mandamus directing J ames G. Houghton, as inspector of buildings of the city of Minneapolis, to issue a permit to plaintiff for the construction of a cereal mill upon certain lots.

Action in the district court for Hennepin county by the special ad-ministratrix of the estate of Marcellus A. Ball, deceased, to recover $7,500 for the death of her intestate. The answer alleged decedent was guilty of contributory negligence. The case was tried before Fish, 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.

Action in ejectment in the district court for Hennepin county. The case was tried before Fish, J., wbo made findings and ordered judgment in favol of plaintiff. From an order denying tbeir motions for a new trial, defendants took separate appeals.

Tilomas Fitzpatrick and others petitioned the county board of Sibley county for the construction of a certain ditch. The reports of the engineer and viewers were confirmed by the board. M. S. Corrigan and others, who had filed objections, appealed from the order establishing the ditch to the district court for that county.

Action in the district court for Hennepin county to recover $50,000 for injuries received while in defendant’s employ. The answer among other matters set forth the terms of defendant’s Bulletin No. 133, part of which is quoted in the seventh paragraph of the opinion. The case was tried before Steele, J., and a jury which returned a verdict for $13,-154. From an order denying its motion for a new trial, defendant appealed.

Action in the district conrt for Stearns county by the special admin-istratrix of the estate of Nathan E. White, deceased, to recover $25,000 for the death of her intestate. The answer alleged contributory negligence on the part of decedent. The case was tried before Eoeser, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $5,500.

Action in the district court for Sherburne county to reform an execu-toxy contract of sale and to recover $1,500. The facts are stated in the opinion. The case was tried before Giddings, J., and a jury which returned answers to 21 questions submitted to it.

Action in the district court for Sibley county to recover $81.06 for cooperage lumber. Tbe answer was a general denial. The case was tried before Tifft, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the municipal court of Minneapolis against Great Northern Kailway Company and Chicago, Burlington & Quincy Kailroad Company to recover $330 for the conversion of two carloads of potatoes. The facts are stated in the opinion. The ease was submitted upon a stipulation of facts to Bardwell, 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, defendants appealed.

Action in the district court for Kandiyohi county to recover $2,100 upon a promissory note. The answer alleged the facts which defendants offered to prove at the trial (see first paragraph of the opinion), interposed a counterclaim for $2,500 and demanded delivery and cancelation of the note. The case was tried before Qvale, J’., who at the close of the testimony granted plaintiff’s motion for a directed verdict for $2,,680.40.

Action in the district court for Norman county to recover $8,600 and for the foreclosure of two mortgages upon certain real estate. The defense set up in the answer is stated at the end of the first paragraph of the opinion. The case was tried before Grindeland, J., who made findings and adjudged that the mortgage debt be declared paid and the mortgages canceled of record, but denied the return to defendants of usurious interest. Motions for amended findings were1 denied.

After the former appeal reported in 137 Minn. 331, 163 N. W. 665, the ease was tried before Steele, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $6,833.73. From an order denying its motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Application to register title to lot 10, block 37, St. Anthony Park North. The facts are stated in the opinion.

Action in the district court for Ramsey county to recover $325-. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict in favor of plaintiff for the amount demanded. Judgment was entered pursuant to the verdict. Defendant’s motion to cancel the judgment of record, because of his being adjudged a bankrupt after the entry and docketing of the judgment, was granted, Olin B. Lewis, J. From the order granting the motion, plaintiff appealed.

Action transferred to the district court for Hennepin county to recover $1,000 for breach of contract in the sale of certain timber. The answer alleged defendant sold the timber to persons other than plaintiff. The case was tried before Steele, J., and a jury which returned a verdict for $375. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tbe district court for St. Louis county to recover $1,000 for change of grade of a street. Defendant demurred to the complaint on the ground that it did not set forth facts sufficient to constitute a cause of action. The demurrer wa's overruled and the .case certified to the supreme court, Hughes, J.

Action in the district court for Lyon county to recover possession of certain household goods or $1,000 in case recovery could not be had. The answer denied that the goods were’ of any greater value than $400, and alleged that defendants were the owners of the property. The ease was tried before Olsen, J., who made findings and ordered judgment in favor of plaintiff. Defendants’ motion for amended findings was denied.

Action in the municipal court of the city of South St. Paul to recover $62.09 damages for allowing pipes and radiators to freeze. The answer alleged that the house was unfit for habitation by reason of being cold and useless, and that .defendant abandoned said premises for that reason and not otherwise. The case was tried before Converse, J., who when plaintiff rested granted defendant’s motion to dismiss the action.

Action in. the district court of Olmsted county. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $1,000 dividends declared upon stock in defendant company. The facts are stated in the opinion. The case was tried before Steele, «L, who when plaintiff rested denied plaintiff’s motion for a directed verdict for $1,000 and granted defendant’s motion to dismiss the action. From an order denying her motion for a new trial, plaintiff appealed.

Action in tbe district court for Murray county against tbe administrator of tbe estate of G. Haraldson, deceased, to recover all tbe personal property belonging to the intestate and a certain lot of land mentioned in tbe opinion. Defendants interposed a demurrer to the amended complaint. Tbe demurrer was sustained, Nelson, J. From the order sustaining the demurrer, plaintiff appealed.

Upon the relation of Edwin C. Grnbbs the supreme court granted its writ of certiorari directed to C. G. Schulz, state superintendent of education of the state of Minnesota, to review and vacate respondent’s order of suspension and revocation of relator’s certificate or license to teach school within the state.

Defendant was indicted by the grand jury of St. Lonis county, charged with the crime of carnal knowledge of a child under 18 years of age, tried in the district court for that county before Hughes, J., and found guilty of the crime charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Bamsey county to restrain defendant from using plaintiff’s trade-name and for an accounting. By its answer defendant sought the same relief against plaintiff. Plaintiff obtained an order requiring defendant to show cause why a temporary injunction should not issue during the pendency of the action restraining it and its servants from using certain names containing the word “yellow” and from using plaintiff’s trade-mark device.

After the former appeal, reported in 137 Minn. 7, 162 N. W. 677, the ease was tried before Callaghan, J., who made findings and dismissed the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for St. Louis county to recover $10,355.61 for conversion of grain.

’ Action in the district court for St. Louis county by the guardian ad litem of Joseph C. Gutmann, a minor, to recover $16,000 for injuries received while in defendant’s employ.

Action in the district court court for Hennepin county to recover $25,000 for libel. Defendant demurred to the complaint on the ground-that the facts stated .did not constitute a cause of action. The demurrer was overruled, Molyneaux, J., and defendant answered. The ease was tried before Steele, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $500.

Action in the district court for Waseca county to recover from Samuel Fleisher, doing business as the Fleisher Construction Company, and the New Amsterdam Casualty Company, a balance of $1,417.95 for lumber and building material sold to defendant Fleisher. The separate answer of defendant Fleisher alleged that the material furnished was worth only $3,299.05. The case was tried before Rockwood, J., who made findings and ordered judgment in favor of plaintiff for $1,321.85.

Action in the district court for Rainsey county to recover $705 for breach of contract. The answer was a general denial. The case was tried before Haupt, J., who at the close of plaintiffs testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $505.85. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Upon tbe relation of Alva R. Hunt, the district court for Chippewa county granted its writ of certiorari directed to the city of Montevideo to review proceedings in respondent’s city council establishing an alleyway. The matter was heard by Daly, J., who quashed the writ. From the judgment quashing the writ, relator appealed.

Upon the relation of the village of Sherburn the supreme court granted its writ of certiorari directed to the district court of the Seventeenth judicial district to review proceedings in that court, Dean, J., establishing Judicial Ditch No. 81 in Martin county.

After a bearing upon the complaint of the Commercial Club of St. James, the Railroad and Warehouse Commission on July 7, 1916, ordered defendant railway company to provide at the station of St. J ames, in Watonwan county, a passenger depot as specified and that the building comply with the fire ordinance of the city of St. James.

In the matter- of the proceedings in the district court for Ramsey county to enforce payment of the 1916 real estate taxes delinquent on the first Monday in January, 1918, defendant railway company filed its answer, alleging that certain real estate assessed was held and used for railway purposes, that defendant had paid the gross earnings tax required by statute and the property was exempt from other taxes.

Catherine Owens, deeming herself aggrieved by the final order of the district court for Blue Earth county, confirming and approving the reports of the engineer and viewers which assessed the benefits to her land, in proceedings to establish Judicial Ditch No. 7 in that county, demanded a jury trial.

Action in the district court for Ramsey county to recover $2,641.77 overcharges collected by defendant on shipments of grain. The answer set up the statute of limitations. The reply set up the facts of the litigation in the Federal courts over the legality of the maximum freight rates established by the Act of 190 7, the duties placed on the carriers by chapter 195, Laws 1909, and the promise of defendant to pay all the claims against it accruing after the year 1907.

Kate E. Savage filed a claim against the estate of Mary J. Davis, deceased, for services performed between April 23, 1903, and January 20, 1913, amounting to $9,150. The Minnesota Loan & Trust Company, as executor of the will of decedent, filed objections to the allowance of the claim. The matter was heard in the probate court for Hen-nepin county before Dahl, J., who allowed the claim in the sum of $3,000.

<p>Action to recover $15,000 damages for suspension from membership in defendant live stock exchange. The facts are stated in the opinion. The case came on for trial before Dickson, J., who granted defendant’s motion for judgment on the pleadings. From an order denying his motion for a new trial, plaintiff appealed.</p>

Action in the district court for Clay county to declare the organization of the village of Hitterdal void, and to restrain defendants from conducting an election on April 26, 1918, for the purpose of electing village officers and making returns thereon. The facts are stated in the opinion.

Action in the district court for Hennepin county to recover $478 death benefit in defendant association. The pleadings and facts are given in the opinion. The ease was tried before Molyneaux, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony defendant’s motion for a directed verdict, and granted plaintiff’s motion for a directed verdict for $436.

In the matter of the condemnation of certain land for additional station grounds at Ihlen, Minnesota, the Great Northern Railway Company, pursuant to G. S. 1913, §§ 5407, 5408, appealed to the district court for Pipestone county from the award of damages made to Claus J. Johannsen, on the ground that the sum of $1,600 awarded him was grossly excessive. The appeal was heard by Dean, J., and a jury which assessed respondent’s damages at $1,000.

Action in the district court for Itasca county to recover $4,000, deferred payments upon the purchase of certain land and the taxes and ’ assessments paid by plaintiff. The facts are stated in the opinion. The case was tried before Stanton, J., who granted defendant’s motion for a directed verdict. From orders denying his motion to amend the complaint and to set aside the verdict and order judgment for plaintiff, or for a new trial, plaintiff appealed.

In proceedings in the district court for Hennepin county for the condemnation of a certain building by the state fire marshal, John J. York, as administrator of the estate of William Anheier, deceased, in his answer, among other matters alleged that chapter 36, G. S. 1913, as amended by Laws 1917, p. 803, c. 469, is unconstitutional because it authorizes and directs the taking of property of defendant without due process of law, and for the further reason that said law…

Upon the relation of the city of Hastings, the district court for Dakota county granted its alternative writ of mandamus directed to Dakota county and the auditor and treasurer thereof, commanding that they pay all moneys arising from taxation for road, bridge and street, purposes within the corporate limits of the city of Hastings, excepting state road and bridge tax, amounting to the sum of $6,967.50, into the treasury of said city.

In the matter of the assessment and taxation of personal property for the year 1916, defendant corporation filed its answer to a citation from the district court for Hennepin county, and alleged that defendant was not engaged in' the transaction of any business whatsoever in the state of Minnesota on May 1, 1916, nor any business done on behalf of defendant, and that all its business was conducted at Detroit, Michigan, where all its accounts and assets were kept; that the…

Action in the district court for Hennepin county to recover $9,500 for malicious attachment. The answer was a general denial. The case wa.% tried before Dickinson, J., who granted defendants5 motion for a directed verdict. From the judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Hennepin county to recover judgment for $17,947.06 and to foreclose a mechanic’s lien for the same.

Action in the district court for Hennepin county to recover $1,002.55 upon a promissory note. The facts are stated in the opinion.

Action in the district court for Swift county to quiet title to certain premises. The answer set up a lien of $676.36 under a sheriff’s certificate on execution sale. The case was tried before Qvale, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Clay county to recover $757.05, which defendant had received as the agent of pláintiff but had not paid after demand therefor.

Action in the district court for Marshall county to recover $1,500 for failure to furnish good clean seed contrary to contract. The facts are stated in the opinion. The case was tried before Giindeland, J., and a jury which returned a verdict for $800. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Murray county to recover $5,000 for trespass and for an injunction to prevent further trespass in erecting or maintaining the dam mentioned in the opinion. The answer set up substantially the facts stated in the fourth paragraph of the opinion. The case was tried before Nelson, J., who made findings and ordered judgment in favor of defendants dismissing the action.

From the action of the canvassing board in declaring William M. Nash, contestee, elected to the office of county attorney of Hennepin county at the general 1918 election, John M. Rees, contestant, appealed to the district court for that county, because of violation of the Corrupt Practices Act by the contestee and his personal campaign committee in the matter of expenditures for the election and in failing to file, in accordance with law, a statement of such expenditures.

Action in the district court for St. Louis county to recover $800 upon a contract of guaranty. The facts are stated in the opinion. The case was tried before Ensign, J., who when plaintiff rested granted defendants’ motion for a directed verdict. Plaintiff’s motion for judgment notwithstanding the verdict was denied. From an order granting plaintiff’s motion for a new trial, defendants appealed.

Action in the district'court for Hennepin county to recover $6,325 for injuries caused by the automobile of defendants. The case was tried before Hale, J., who denied defendants’ motions for a directed verdict, and a jury which returned a verdict for defendants. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $161.46 for goods sold and delivered. Judgment was entered by default for want of an answer. Defendant procured an order to show cause why his motion should not be granted to vacate the judgment and to have the answer served on plaintiff’s attorney by mail stand for the answer of defendant. The motion was denied, Kelly, J. From the order denying the motion, defendant appealed.

The Security Loan & Trust Company petitioned the probate court for Goodhue county for the allowance of the last- will and testament of Malcus Q. Lindquist, deceased. Anna C. Lindquist, widow of decedent, filed objections to the allowance of the will. From an order of the probate court setting aside the consent of the widow, Anna 0.

Action in the district court for Hennepin county for absolute divorce and .permanent alimony. From an order denying his motion for a modification of tbe order and decree, Jelley, J., defendant appealed.

Action in the district court for Hennepin county for limited divorce' and for alimony. In his cross-complaint defendant sought an absolute divorce.

Upon the relation of Clifford L. Hilton, as attorney general, the supreme court granted its writ of certiorari directed to the probate court for Freeborn county and the Honorable A. U. Mayland, judge thereof, to review the action of that court disallowing all but $33 of a claim of the state against the estate of Rome A. Cross, deceased.

Action in the district court for Norman county to recover $4,800 for fraudulent representations in tbe sale of certain land. The answer alleged that there were no representations in regard to the land except those made in the contract of sale and before the sale plaintiff personally inspected the land. The case was tried before Grindeland, J., and a jury which returned a verdict for $2,860.40. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Crow Wing county to recover $5,000 on a promissory note.

Action in the district court for Hennepin county to recover $1,000 upon a life insurance policy. The answer alleged false representations in procuring the policy. The case was tried before Roekwood, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict for $1,102.17. From an order denying its motion for a new trial, defendant appealed.

The district court for Yellow Me'dicine county made an order establishing Judicial Ditch. No. 2, and awarding benefits and damages. The town of Lisbon demanded a jury trial in the matter of assessments. The matter was heard before Qvale, J., and a jury which returned a verdict in favor of the town. From an order denying their motion for a new trial, the counties of Yellow Medicine and Lae qui Parle appealed.

Action in the district court for Faribault county for specific performance of a contract to sell land. The answers of the children and heirs of Anfin Johnson, deceased, the purchaser named in the contract, alleged that at the date of the contract he did not have mental capacity sufficient to transact business, and was therefore unable to make a valid and binding contract.

After the former appeal reported in 136 Minn. 1, 161 N. W. 231, the ease was tried before Dickinson, J., who made findings and as conclusions of law found that all of the requirements of chapter 185, Laws 1911, and chapter 345, Laws 1913, had been duly and regularly complied with; that the proceeding entitled “In the Matter of Laying Out, Widening and Opening Seventh Street North, in the City of Minneapolis, from Hennepin Avenue to Plymouth Avenue, Special Street Acquisition…

Two actions in the district court for Ramsey county, one by Elizabeth Stock to recover $35,500 for injuries received in a collision between an automobile in which plaintiff was riding and one of defendant’s street ears, and for physician’s services, and the other by Lewis Stock to recover $6,500 for injuries to himself and automobile in the same accident. The answer to the complaint of Lewis Stock alleged negligence on his part.

Action in the district court for St. Louis county to recover $8,520 for injuries received in slipping into a hole in a paving block. The answer was a general denial. The case was tried before Dancer, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $400.

Action in the district court for Hennepin county by the guardian ad litem of Emma Draves to recover $25,000 for injuries caused by being struck by defendant’s street car. The answer alleged contributory negligence on the .part of plaintiff. The case was tried before Leary, J., who at the close of the testimony denied defendant’s motion for a directed •verdict and a jury which returned a verdict for $10,870.

Defendants A. C. Townley and Joseph Gilbert were indicted by the grand jury of Jackson county charged with the crime of conspiracy, as stated in the first paragraph of the opinion.

Action in the district court for Cottonwood county to recover $551.80 deposited by plaintiff in defendant bank. The amended answer alleged that prior to February 3, 1914, the bank became insolvent and the superintendent of banks took charge of it, as provided by law; that legal notice was given plaintiff to file his claim; that plaintiff failed to do so and did nothing toward the collection thereof during the time the bank was in the hands of the superintendent.

Upon the relation of Marie Niessen the supreme court granted its writ of certiorari directed to the district court for Ramsey county and the Honorable James C. Michael, one of the judges thereof, to review proceedings in that court brought under the Workman’s Compensation Act by the relator, mother of Harold J. Niessen, as employee, against the members of the firm of R. H. Merriam & Company, as employer.

Application to the district court for Ramsey county by John A. Stees to register title to certain city lots.

Action in the district court for Ramsey county to recover $5,000 for assault. The case was tried before Tifft, J., and a jury which returned a verdict for defendant. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Blue Eartli county to establish boundary lines between the parties throughout the bed of Jackson lake. The facts are stated in the opinion.

Action in the district court for Ramsey county to recover $2,000. The facts are stated in the opinion. The ease was tried before Haupt; J., and a jury which returned a verdict for $1,450. From an order denying his motion for a new trial on condition plaintiff consent to a reduction of the verdict to $725, defendant appealed.

Action in the district court for Ramsey county to recover $120, wages for the month of February, 1918, while incapacitated from performing duties as fireman. Defendant demurred to the complaint on the ground that it did. not state facts sufficient to constitute a cause of action. The demurrer was overruled, Hanft, J. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the municipal court of St. Paul to recover $381.15 for goods sold. The answer alleged that defendant paid to plaintiff on account the sum of $177; that defendant was entitled to a further credit of $3.80 and for a two per cent discount agreed upon between them, and confessed judgment in the sum of $199.55 with interest. The case was tried before Finehout, J., and a jury which returned a verdict for $203.15.

Action, in tbe district court for Scott county to restrain defendant from charging any higher rates than those fixed by ordinance, or in any manner abandoning their electric light plant at Belle Plaine, or from refusing to operate it and to furnish plaintif and its citizens electricity for domestic and commercial purposes. Plaintiffs motion for a temporary injunction was granted, Tifft, J. From an order granting the injunction, defendant appealed.

Action in the district court for St. Louis county to recover $2,000 general damages, $200 special damages on account of loss of earning capacity and $100 for surgical and medical treatment, for injuries sustained while in defendant’s employ. The answer alleged that whatsoever injury plaintiff received was due to his own negligence, and that the risks and dangers which he encountered at the time of the accident were such as he assumed.

Action in the district court for Ramsey county to recover $20,000 for injuries received while in defendant’s employ. The answer alleged tbat plaintiff’s injuries were due to her own negligence and that of the operator of the passenger elevator mentioned in the opinion. The case came on to be tried before Hanft, J., who granted defendant’s motion for judgment on the pleadings. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Freeborn county to recover a balance of $966.51 for goods sold and delivered. The facts are stated at the beginning of the opinion. The case was tried before Catherwood, J., who made findings and ordered judgment in favor of defendant. From an order denying their motion for a new trial, plaintiffs appealed.

Defendant was indicted by the grand jury of Hennepin county, charged with the crime of grand larceny in the first degree, tried in the district court for that county before Steele, J., and a jury which returned a verdict of guilty as charged in the indictment. From the judgment sentencing him to hard labor at the state prison and from the order denying his motion for a new trial, defendant appealed.

Action in the district court for Steele county to recover $7,500, for injuries received because of defendants’ negligence in failing to guard an elevator shaft and for medical attendance. The separate answer of defendant brewing company alleged that plaintiff’s injuries were due to his own want of care.

Action in the district court for Pipestone county to recover $800 as commission for finding a purchaser for defendant’s land. The facts are stated in the opinion. The ease was tried before Dean, J., and a jury which returned a verdict for $830.80. From an order denying his motion for a new trial, defendant appealed.

Upon tbe relation of the Great Northern Express Company the supreme court granted its writ of certioraari directed to the district court for Ramsey county, Hanft, J., to review proceedings in that court brought under the Workmen’s Compensaton Act by Emeline E. Kelly, widow of Matthew C. Kelly, as employee, against the Great Northern Express Company, as employer.

Action in the municipal court of St. Paul to recover $37.50 subscription price of plaintiff’s-newspaper.

Upon the relation of Ida M. Bodman and others the supreme court - granted its writ of certiorari directed to the probate court of St. Louis county and the Honorable S. W. Gilpin, judge thereof, to review the proceedings of that court in the inheritance tax upon the estate of Edward C. Bodman, deceased.

Upon tbe relation of Elizabeth A. Einker the supreme court granted its writ of certiorari directed to the district court of Pennington county and the Honorable Andrew Grindeland, one of the judges thereof, to review proceedings in that court brought under the Workmen’s Compensation Act by Elizabeth A. Einker, widow of Adolph H. Einker, as employee, against tbe .Hanson & Barzen Milling Company, as employer.

Action in the district court for Hennepin county to set aside a mortgage foreclosure sale. Defendant’s demurrer to the amended complaint, upon the ground that upon its face it did not state facts sufficient to constitute a cause of action, was sustained, Hale, J. ' From the order sustaining the demurrer, plaintiff appealed.

Action in the district court for Hennepin county upon a parol contract to require defendant to execute its fidelity bond to plaintiff and to recover the sum of $20,000 embezzled by one of plaintiff’s employees. The case was tried before Hale, J., who made findings and ordered judgment in favor of defendants. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Le Sueur county. E. W. Komarek, attorney for plaintiff, obtained an order requiring defendant to show cause why his motion to vacate the judgment of dismissal entered pursuant to stipulation of the parties themselves and for judgment in his favor in the sum of $550 against the defendant for professional services rendered plaintiff in connection with the action, should not be granted.

Action in the district court for Steele county to restrain defendants from maintaining drains or ditches, whereby water would come upon plaintiff’s land, and to recover $500 damages. The substance of the answer is. given in the second paragraph of the opinion. Plaintiff’s demurrer to the answer on the ground that it did not state facts sufficient to constitute a defense was overruled, Childress, J. From the order overruling his demurrer, plaintiff appealed.

Action in the district court for St. Louis county to recover $1,852.'?’4. Defendants’ demurrers to the complaint on the ground that the facts stated did not constitute a cause of action were sustained, Eesler, J. From the order sustaining the demurrers to the complaint, plaintiffs appealed.

Action in the district court for Ramsey County against a landowner and the city of St. Paul to recover $10,000 for injuries received in tripping upon a stone. The facts are stated in the opinion. The case was tried before Brill, J., who when plaintiff rested directed a verdict in favor of defendants. From an order denying her motion for a new trial, plaintiff appealed.

Defendant was indicted by the grand jury of St. Louis county charged with the crime of unlawfully selling intoxicating liquor, tried in the district court for that county before Hughes, J., and a jury which returned a verdict of guilty as charged in the indictment. From the order denying his motion for a new trial, defendant appealed.

Actou in the district court for Hennepin county by Louise M. Arnoldy and Arthur M. Arnoldy to restrain defendants from interfering with plaintiffs’ property and levying thereon by virtue of an execution against John Arnoldy. From an order, Hale, J., sustaining defendants’ objection to the introduction of evidence on the part of plaintiffs, granting defendants’ motion for judgment on the pleadings, and vacating the’ temporary injunction, plaintiffs appealed.

Action in tbe district court for Brown county for specific performance of a contract, or, in case defendant failed to perform, for $3,815. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion for a directed verdict of “no cause of action,” and a jury which returned a verdict for $4,096.04. From an order denying his motion for .judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action transferred to the district court for Steele county to recover $153.77 upon a book account. The facts are stated in the opinion. The case was tried before Childress, J., who made findings and ordered judgment in favor of plaintiffs for the amount demanded. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $10,000 upon defendant’s fidelity bond. The answer alleged that the employer’s statement, furnished by plaintiff to defendant when obtaining the bond was false and fraudulently represented to defendant that the employee named Humlong was not indebted to plaintiff, except in tbe sum oí $2,500, and set out in full tbe declaration and tbe conditions of tbe bond quoted in tbe fourth and fifth paragraphs of tbe opinion.

Action in the district court for Freeborn county to recover $880 for breach of warranty in the sale of a tractor. The substance of the pleadings will be found in the second paragraph of the opinion. The case was tried before Catherwood, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for defendant. From an order denying its motion for a new trial, plaintiff appealed.

Action in tbe district court for Hennepin county to recover $20,000 for injuries received when thrown from a gasolene band-car. Tbe amended answer alleged that plaintiff’s injuries were caused by his own negligence or that of his co-employees. The ease was tried before Leary, J., who at the close of the testimony denied plaintiff’s motion to dismiss the action and granted defendant’s motion for a directed verdict.

Action in the district court for Carver county to compel defendant to restore a certain strip of land to its former condition and to recover $500 damages. The facts are stated in the second paragrph of the opinion. The case was tried before Tifft, J., who made findings as stated in the third paragraph of the opinion and ordered judgment in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Martin county against defendant county, its auditor, the engineer of the ditch in question, and the surety company upon the engineer’s bond, to recover $3,000 for false representations in the notice for bids f oi^the construction of Judicial Ditch No. 37 regarding the nature of the soil. The separate demurrers of defendants to the complaint were sustained, Dean, J. From the order sustaining the demurrers, plaintiff appealed.

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 which found him guilty as charged in the indictment. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to recover $1,243.30 for conversion.

Action in the district court for Ramsey county to recover $15,614 damages for false imprisonment. The answer alleged that the arrest was caused by plaintiff using violent and abusive language upon defendant’s train and while in defendant’s employment threatening to commit bodily harm upon the person of defendant’s employees who had charge of the train.

After the former appeal reported in 137 Minn. 438, 163 N. W. 793, plaintiff amended its complaint and defendant demurred to the amended complaint on the ground that it failed to state a cause of action. The demurrer was overruled, Stanton J., and the question presented by the demurrer certified as important and doubtful. From the order overruling his demurrer, defendant appealed.

Upon the relation of Math O. Tostengard the supreme court granted its writ of certiorari directed to the Honorable L. S. Nelson, as judge of the Thirteenth judicial district, to review the final order establishing Judicial Ditch No. 25, in Murray county.

Defendant was indicted by the grand jury of Jackson county charged with the crime of interfering with and discouraging the enlistment of men in the military and naval forces of the United 'States contrary to Laws 1917, p. 765, c. 463. Defendant interposed a demurrer to the indictment. The demurrer <was overruled, Dean, J., and two questions certified as stated in the beginning of the opinion.

Action in the district court for Hennepin county to foreclose a mechanic’s lien. Defendants interposed a counterclaim for $12,000. The case was tried before Steele, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion for amended findings or for a new trial, defendant investment company appealed.

Action in the district court for Stearns county to recover $15,000 for injuries received while in defendant’s employ. The answer alleged that plaintiff knew and appreciated the dangers incident to the operation of the handcar and assumed the risks. The case was tried ¡before Roeser, J., and a jury which returned a verdict for $8,200.

Application to the supreme court by Theresia Scherber for a writ of certiorari to review an order of the probate court for Hennepin county, Dahl, J., denying her an extension of time for presenting claims.

Action in the district court for Carver county to recover $1,509 for- false representations. In their answer defendants alleged that the representations made were correct statements of the provisions of the plans and specifications and that the plans and specifications called '¡for a ditch across plaintiff’s farm varying in depth ibelow bottom of old creek bed from 1.4 feet to 5.6 and from about 22 to 30 feet across the top and 20 feet across the bottom.

From an order of the probate court for Big Stone county disallowing the' claim of K. F. Long against the estate of R. A. Graves, deceased, K. F. Long appealed to the district court for that county.' The appeal was heard by Flaherty, J., who at the close of the testimony granted claimant’s motion for a directed verdict in his favor, for $1,276.34. From an order granting defendant’s motion for a new trial, K. F. Long appealed.

John Nelson petitioned the supreme court for an order to show cause why mandamus should not issue, directing the district court of Wabasha county, the Honorable C. E. Callaghan, judge thereof, and the clerk of said court, to transfer to the district court of Hennepin county a proceeding under the ■Workmen’s Compensation Act begun in Wabasba county.