Volume 143 — Minnesota Reports

Action in the district court for Le Sueur county to restrain defendant from entering certain land under claim- of ownership and from interfering with plaintiff or his servants in removing fences or obstructions placed thereon by defendant. The answer alleged ownership by defendant of the land in dispute, with all riparian rights, for more than 15 years by exclusive, hostile and adverse possession under claim of title.

Action in the district court for Yellow Medicine county to cancel certain notes and the mortgages executed by Ragnhild B. Sorrenson, incompetent. The case ivas tried before Qvale, J., who made findings and ordered judgment as stated at the end of the first paragraph of the opinion. Defendant’s motion -for amended findings was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to recover $657.95 upon a check. Plaintiff’s motion to strike out defendant’s answer as sham and for judgment as for default was granted, Rockwood, J. From the judgment in favor of plaintiff, defendant appealed.

Action in the district court for Hennepin county to recover $24,922.08 upon an account stated. The case was tried before Molyneaux, J., who made findings as stated in the third paragraph of the opinion and ordered judgment in favor of plaintiff for the amount demanded. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Clay county to recover $257.50 for merchandise sold and delivered. The facts are given in the first paragraph of the opinion. The case was tried before Nye, J., and a jury which returned a verdict for $32.64 in favor of defendant. From an order, Parsons, J., denying its motion to set aside the verdict and for a new trial, plaintiff appealed.

Action in the district court for Eice county to recover $41.64 for failure to pay for sewer connection with defendant’s lot.

Action in the district court for Hennepin county to recover $2,500 upon the bond of defendant surety company. The defense is stated in the fourth paragraph of the opinion. Plaintiff’s motion for judgment on the pleadings was granted by Rockwood, J. From the judgment entered pursuant to the order for judgment, défendant appealed.

Defendant was indicted by the grand jury of Bedwood county for the crime of discouraging enlistment in the military and naval forces of the United States, tried in the district court for that county before Olsen, J., and a jury which found him guilty as charged in the indictment. .From an order denying his motion to set aside the verdict and for a new trial, defendant appealed.

Relator was tried in justice court of the city of Fairmont, charged with the crime of drunkenness, found guilty as charged and committed to the county jail for 60 days. After 30 days he petitioned the district court for Martin county for a writ of habeas corpus directed to W. S. Carver, sheriff, and the writ was granted by the court commissioner. On the return day the petition was denied and the prisoner remanded to-custody of the sherijf.

Action in the district court for Houston county to recover $5,000 for assault. The answers were general denials. The case was tried before Gatherwood, J., and a jury which returned a verdict for $1,200. From an order denying their motions for a new trial, defendants appealed

Action in the district court for Marshall county to recover possession of certain premises, $500 damages for detention thereof and $700 for rents and profits.

Action in the district court for Hennepin county to recover $3,113.50 for breach of contract.

. Action in the district court for Hennepin county to recover $5,000 for negligence while acting as plaintiff’s attorneys.

After the former appeal reported in 132 Minn. 160, 156 N. W. 268, the case was tried before Rockwood, J., who made findings and ordered that upon payment into court by plaintiff for the use of defendant of the sum of $187.57, the amount paid out by Gross for taxes, judgment should be entered canceling the mortgage given by plaintiff to defendant. From an order denying his motion for additional findings or for a new trial, defendant appealed.

Defendants were separately indicted by the grand jury of Watonwan county charged with the crime of advocating by oral speech that the citi - zens of Minnesota should not aid or assist the United States in prosecuting war with its public enemies, tried in the district court for that county before Comstock, J., and a jury which returned verdicts of guilty as charged in the indictments. From the judgments entered on the verdicts, defendants appealed.

Defendant was indicted by the grand jury of Watonwan county charged with the crime of advocating by oral speech that the citizens of Minnesota should not aid or assist the United States in prosecuting war with its public enemies, tried in the district court for that county before Comstock, J., who at the close of the testimony denied defendant’s motion for a directed verdict of not guilty, and a jury which returned a verdict of guilty as charged in the indictment.

Margaret Malebow elected not to take under the will of her husband, Friedrich Malchow, and appealed from an order of the probate court for Jackson county disallowing her application to take under the statute and from an order refusing her a widow’s allowance for maintenance.

Action in the district court for Ramsey county to recover $1,547.99. The facts are stated in the opinion.

<p>Contract — equitable lien.</p> <p>1. The contract recited in the opinion, disclosing certain financial and business relations between defendant and interveners, held not to vest in the latter any right, by way of equitable lien or otherwise, to the fund in litigation superior or paramount to that of a garnishment creditor.</p> <p>Partnership — joint adventure.</p> <p>2. The contract did not create the relation of joint adventure or copartnership and no. right to the fund arises from any source of that kind.</p> <p>Assignment of debt — statutory presumption of fraud — burden of proof.</p> <p>3. The presumption created by G. S. 1913, § 7017, that an unfiled assignment of a debt is fraudulent as to creditors of the assignor can be overcome only by facts -showing that the assignment was made in good faith and for a valuable consideration, and the 'burden of probf is with the assignee.</p> <p>Same — evidence.</p> <p>4. Evidence that the assignor was indebted to the assignee at the time of the assignment in an amount exceeding the assigned debt, with no evidence that the assignment was made and accepted in pro tanto discharge of the debt, or as good faith security for its payment, and no evidence that the assignment was not colorable merely, held insufficient to require the conclusion that the presumption was overcome.</p> <p>Same — evidence insufficient.</p> <p>5. The mere existence of the indebtedness from the assignor to the assignee will not justify the court in assuming that the assignment was made in discharge thereof or as further security for the payment of the same, or in good faith.</p> <p>Same — consideration — recital of value received.</p> <p>6. The recital in the assignment of “value received,” though as between the parties prima facie evidence of a valuable consideration, and a sufficient expression thereof to satisfy the statute of frauds, is not evidence against third persons in proof of a consideration in fact, or of the good faith of the transaction, sufficient to overcome the statutory presumption of fraud.</p>

Action in the district court for Washington county to recover $15,000 damages for injuries received while a member of a section crew in defendant’s employ. After the issuance of General Order No. 50, quoted in the opinion, defendant moved that the Director General of Railroads be substituted as defendant and that the action be dismissed as to the railroad company.

Upon the relation of Clifford L. Hilton, Attorney General, the supreme court granted its writ of certiorari directed to the probate court of Kandiyohi county and the Honorable T. O. Gilbert, judge thereof, to review the judgment of that court in the matter of inheritance tax upon the estate of Catherine McIntyre, deceased.

Defendants were indicted by tbe grand jury of Watonwan county charged with the crime of assault in the second degree, tried in the district court for that county before Comstock, J., and a jury which returned verdicts of guilty as charged in the indictment. Prom the judgment sentencing each defendant to a fine of $1,000 and in default thereof to imprisonment in the county jail, of Blue Earth county until payment be made, not to exceed one year, defendants appealed.

Action.in tbe municipal court of Waseca to recover $455 damages for-lost baggage.

Action in the district’court for Martin county to recover $59,555.03 upon a contractor’s bond. The case was tried before Callaghan, J., acting for the judge of the Seventeenth judicial district, who at the close of the testimony denied the motion of defendant Equitable Surety Company to amend its answer, made findings and ordered judgment in favor of plaintiff for $54,121.36, and interest, and for other sums in favor of two defendants.

Action in replevin in the district court for St. Louis county to recover possession of an automobile or $2,300, its value, and $100 for its detention. The facts are stated in the opinion. . The case was tried before Fesler, J., and a jury which returned a verdict for $1,800. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to cancel a sale of bank stock and to recover $1,300. Defendants demurred to the amended complaint on the- ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained, Rockwood, J. From the order sustaining the demurrer, plaintiff appealed.

Action in the district court for Crow Wing county for a dissolution of partnership, an accounting between the parties and that plaintiff be decreed to be the owner of an undivided one-half interest in certain real estate.

Defendant was indicted by the grand jury of Wright county charged with the crime of interfering with enlistment, tried in the district court for that county before Giddings, J., and a jury which found him guilty as charged in the indictment. From an order denying his motion to set aside the verdict and for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $3,659.13 damages awarded Dorothy Eapley, under the Workmen’s Compensation Act, for the death of her husband while in the employ of plaintiff. The answer admitted that one Charles J. Eapley was injured by colliding with a street car of defendant, but denied that the collision occurred as alleged in the complaint and denied that it was caused by any negligence on the part of defendant.

Action in the district court for Ramsey county to recover $16,103.23 upon an executory contract for the sale of land. The case was tried before Olin B. Lewis, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony granted its motion to direct a verdict in its favor. From' an order denying his motion for a new trial, plaintiff appealed.

Complaint was filed with the municipal court of St. Paul, charging defendant with operating á maternity hospital without obtaining a license in violation of the statutes! The matter was submitted to Finehout, J., upon a stipulated statement of facts, who found defendant guilty as charged in the complaint. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Eoek county to recover $1,600 and interest upon a promissory note and attorney’s fees. The answer alleged that the note was obtained through fraudulent representations. The facts are stated in the opinion. The case was tried before Nelson; J., who at the close of the testimony denied plaintiff’s motion for a directed verdict for $2,000 and interest, and a jury which returned a verdict in favor of defendant.

Two actions in the district court for Ramsey county to restrain defendants from continuing in force certain toll and other charges in addition to those contained in its schedules filed with the Railroad and Warehouse Commission. Plaintiff procured orders to show cause why temporary injunctions should not issue. Defendants appeared specially and objected to the jurisdiction of the court.

Upon the relation of Radisson Hotel Company and another the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable Horace D. Dickinson, one of the judges thereof, to review the proceedings in that court under the Workmen’s Compensation Act brought by E. J. Hirt, guardian of the minor dependents of Vera Meakins, employee, against relators as employer and insurer.

Upon the relation of George Neib the district court for Steele county granted its writ of habeas corpus commanding Mrs. Fred Krueger to produce the body of Leonard Neib, minor son of the relator. The matter was heard by Childress, J., who granted the father the custody of his child. From that order Mrs. Krueger appealed.

Action in the district court for Steele county to recover $20,000 for injuries to plaintiff’s minor son caused by defendant’s negligence. The answer alleged negligence on the part of the minor. The case was tried before Childress, J., and a jury which returned a verdict in favor of defendant. Prom an order denying his motion for a new trial, plaintiff appealed.

Action in tbe district court for St. Louis county to recover $21,430 for injuries received while in the employ of defendant in the hold of a steamboat. Defendant interposed a demurrer to the complaint on the grounds stated in the first paragraph of the opinion. Prom an order, Cant, J., overruling the demurrer to the complaint, defendant appealed.

Action in the district court for St. Louis county to recover $15,970 for the death of plaintiff’s intestate. The answer alleged that deceased caused his own death through negligence and set up section 1809, subdivision 6, of the 1915 statutes of Wisconsin. The case was tried before Dancer, J., who when plaintiff rested granted defendant’s motion for a directed verdict. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district- court for Hennepin county to recover overcharges collected by defendant for switching' charges on three carloads of grain.

From an order of the board of county commissioners of Meeker county, granting a petition to form a new school district out of territory situate in district No. 47, Alfred C. Peterson and others, as members of the board of education of Independent Consolidated School District No. 47, and the school district, appealed to the district court for that county on the grounds that the county board had no jurisdiction to act, that it exceeded its jurisdiction, and that the action was…

<p>Injunction — action on bond — recovery of counsel fees.</p> <p>1. When the sole purpose of an action is to secure a permanent injunction, and a temporary injunction giving substantially the relief prayed is issued and remains in effect during the pendency of the action, and judgment is rendered in favor of the defendant, the reasonable value of counsel fees incurred in defending the action is recoverable in an action on the injunction bond.</p> <p>Same — bar to action.</p> <p>2. In an action on an injunction bond the defendants cannot relitigate the merits involved in the action for an injunction; and where the action was to enjoin the maintenance of an ice house and the carrying on of an ice business on certain premises, an order of the city inspector of buildings made about the time of the commencement of the action directing the tearing down of the ice house is not a bar to an action on the injunction bond.</p> <p>Eminent domain — due process of law — order of municipal officer.</p> <p>3. If the defendants in the action on the bond can avail themselves of the order of the building inspector as bearing upon the question of damages, the validity of the order is subject to attack by the plaintiff. An order of a municipal officer or board, in the exercise of a police power, restricting the use of property or ordering its destruction may not amount to the taking of property without due process and the owner may not be entitled to an injunction, but at some time and in some way he is entitled to have determined in a judicial proceeding the rightfulness of the taking or destruction.</p> <p>Damages — evidence.</p> <p>4. The plaintiff sustained some damage, aside from counsel fees incurred, by reason of the injunction. Whether his evidence shows anj loss of profits is in doubt, and if there was a loss it was small.</p>

Action in the district court for Ramsey county to recover $7,660 for the wrongful death of plaintiff’s intestate. Defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action was overruled, Olin-B. Lewis, J., and the question presented by the demurrer certified as important and doubtful. From the order overruling the demurrer, defendant appealed.

Action in the district court for Dakota county to restrain defendant from selling certain premises by virtue of a judgment and execution thereon.

Action in the district court for Douglas county to foreclose a mechanic’s lien. The case was tried before Roeser, J., who made findings and as conclusions of law found that plaintiff was entitled to recover against National Contracting Company and Louis Ginther; that defendant Hari. was entitled to recover against defendant Ginther, and ordered a sale oí the real estate to satisfy the judgments.

Action in the district court for Yellow Medicine county to recover $1,000, the amount of an assessment upon the bank stock of M. T. Myhre. The answer alleged that prior to% March 1, 1914, defendants sold and assigned the stock in question to George J. Piersol. The case was tried before Daly, J., who made findings and as conclusions of law found that by the sale and transfer of the stock Piersol became the owner of the same, and defendants were not liable for the assessment.

Action in the district court for Bamsey county to recover $16,000 for injuries received while employed in defendant’s repair shops.

Action in the district court for Roseau county to recover $9,000. The allegations of the complaint are found at the beginning of the opinion. Defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained, Watts, J., on the ground that two causes of action were improperly united. From the order sustaining defendants’ demurrer, plaintiff appealed.

Defendant was indicted by tbe grand jury of Goodbue county charged with the crime of discouraging enlistment in the military and naval forces of the United States and advocating that citizens should not aid and assist the United States in carrying on war with its public enemies. Defendant’s demurrer to the indictment upon the grounds that more than one offense was charged, and that the facts stated did not constitute a public offense, was overruled.

Action in the district court for Hennepin county to foreclose a mechanic’s lien. The case was tried before Dickinson, J., who made findings and ordered judgment in favor of A. E. Evans against defendant Ida L. Benjamin, and a sale of the premises. From an order denying her motion for a new trial, Ida L. -Benjamin appealed.

Action in the district court for Brown county to recover $102.68 upon four promissory notes. Defendant interposed a counterclaim. The case was tried before Olsen, 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 Lyon county to recover $8,800 on a promissory note.' The facts are stated in the opinion. Plaintiff’s motion to strike out from defendant’s answer the allegations quoted at the beginning of the opinion, and for judgment on the pleadings, was granted, Clague, J. From the order striking out that portion of the answer and granting judgment on the pleadings, defendants appealed.

Action in the district court for Hennepin county to recover rent of certain premises and to restrain defendant from removing wall cabinets or fixtures installed therein and attached to the building or connected with the remainder of the fixtures of plaintiff.

Upon the petition of Olof Dale, the district court for Eenville county granted its alternative writ of mandamus directed to J. L. Johnson, as county auditor of that county, commanding him to issue to petitioner a certificate of election to the office of county commissioner of the second commissioner district or show cause why he had not done so. The matter was heard by Daly, J., who discharged the writ. From the judgment discharging the writ, petitioner appealed.

Action in the district court for Carlton county, to recover $3,000 for injuries received by plaintiff’s minor son. The answer alleged that the driver of the vehicle was incompetent and that his carelessness and negligence caused the collision.

Action in the district court for Clay county to recover $6,000 for assault. The facts are stated in the opinion. The case was tried before Parsons, J., who when plaintiff rested denied defendants’ motion to dismiss plaintiff’s cause of action for assault, on the ground there was no evidence to sustain the allegation of the complaint, and a jury which returned a verdict for $500. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Hennepin county. The facts are stated in the opinion. Cyril L. Clark demurred to the complaint on the grounds that the facts stated in the complaint did not constitute a cause of action, that plaintiff had not legal capacity to sue, and that there was a defect of parties defendant in that the trustee in bankruptcy of defendant corporation was not made a party to the action.

Action in. .the district court for St. Louis county against Thomas M. Feigh and Patrick Hammel, copartners doing business under the name of Thomas Feigh, to recover $41,438.29 and to have a receiver appointed to collect future royalties over and above 30 cents per ton upon all ore removed from the premises described in the complaint. Upon the death of Thomas Feigh, J. Daniel Mahoney, special administrator of his estate, was substituted defendant.

Action in the district court for Ramsey county to recover $12,200 for conversion of an automobile and certain books and papers. The facts are stated in the opinion.

Action in the district court for Clay county to restrain defendants from constructing a proposed embankment across a natural watercourse known as the Chris Lowe coulee; that they be required to remove all embankments theretofore constructed in the watercourse and to open the highway to permit free passage of waters flowing in it. The facts are stated in the opinion.

Action in the district court for Freeborn county to recover $30,200 for the death of plaintiff’s intestate. The facts are given at the beginning 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 $5,100. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in ejectment in the district court for Rice county and to recover $30 per month, the value of the use and occupation of the premises from the date of the cancelation of a certain contract for a deed until the termination of the action. The facts are stated in the opinion.

Action in the district court for St. Louis county to recover $1,500 damages to plaintiff’s real estate caused by lowering the grade of the street. The facts are stated in the opinion.

Action in the district court for St. Louis county to recover $5,181.71. The answer alleged that under the provision of'its lease requiring payment for 5,000 tons of ore per year whether that quantity was mined or not it had paid $1,633.41 before January, 1916, for which, by the terms of the lease, it was entitled to credit when sufficient ore should be mined.

Action in the district court for Itasca county to recover possession of certain premises. The answer alleged that on November 10, 1903, plaintiff and Charles A. Olson entered into a contract for the sale to • Olson of certain lands in Itasca county; that Olson paid plaintiff the full purchase price of the land and demanded conveyance thereof, but that plaintiff refused to convey the land, and asked for a conveyance or, if that could not be had, for $6,000 damages.

Twenty-nine legal voters of Dakota county petitioned the district court for that county to oust P. H. O’Keefe from the office of county attorney after being elected to that office. The matter was heard before Bardwell, J., sitting for one of the judges of the First judicial district, who made findings and ordered that P. H. O’Keefe be removed from office and his certificate of election annulled. From an order denying his motion for a new trial, P. H. O’Keefe appealed.

Action in the district court for St. Louis county to recover a balance of $1,800 upon a promissory note. The facts are stated in the opinion. The case was tried before Dancer, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, 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 cancel and annul redemptions 'from certain taz sales and the record thereof. In his separate answer defendant Craighead alleged that he had been in open and notorious possession of the premises for 20 years.

From a judgment of the municipal court of the village of Gilbert in favor of plaintiff, defendant appealed to the district court for St. Louis county. The appeal was heard by Freeman, J., who granted plaintiff’s motion to dismiss the appeal. From the order granting plaintiff’s motion to dismiss the appeal, defendant appealed.

Action in the- district, court for Clay county to recover $427.56 for conversion of grain. Ole Holt filed his complaint in intervention. The facts are stated in the opinion.

William P. Roberts, as administrator with tbe will annexed of Kate Little, deceased, made application to tbe probate court for Fillmore county for the assignment of the residue of the estate according to law.

Action in the district court for Kamsey county to recover $1,340 upon an accident insurance policy. The facts are stated in the opinion. The case was tried before Dickson, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,500.80.

Defendant, appearing specially for that purpose, in November, 1918, moved the district court for Hennepin county to set aside a default judgment entered against her in 1916. The facts are stated in the opinion. From an order denying her motion, Eockwood, J., defendant appealed.

Action in the district court for Hennepin county to recover $1,092.90 upon a contract. The case was tried before Jelley, J., who when plaintiff rested and at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,123.88 against the lumber company. From an order denying its motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Blue Earth county charged with the crime of grand larceny in the second degree, tried in the district court for that county before Comstock, 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 Hennepin county to recover $4,500 for breach of a contract of employment. The facts are stated in the opinion. The case was tried before Jelley, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $4,800. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tbe district court for Crow Wing county to recover $1,000. Defendant’s demurrer to tbe complaint was overruled, McClenaban, J., and tbe questions presented by the demurrer certified as important and doubtful. From the order overruling the demurrer, defendant appealed.

From the final decree of the probate court for Watonwan county in the estate of Frederick A. Berdell, deceased, vesting title to the real estate and personalty in certain brothers and sisters and the children of deceased brothers and sisters of decedent, Amanda Anderson appealed to the district court for that county.

Action in the district court for Hennepin county to recover $17,650 damages for injuries received by being struck by defendants’ motor truck. The answer set up the release and settlement with plaintiff which is mentioned in the opinion. The case was tried before Rock-wood, J., who at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $8,030.

Action in the district court for Kittson county to recover $300. The allegations of the complaint are set out at the beginning of the opinion. Defendans’ demurrers to the amended complaint were overruled. The ease came on for trial, when defendants’ motion for judgment on the pleadings was denied and the motion of defendant Anderson to dismiss the action as to him was granted by Grindeland, J., who made findings and ordered judgment in favor of plaintiff.

Action in the district court for Traverse county to recover $3,040, the contract price of a certain bridge. The case was tried before Flaherty, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $2,653 and interest. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $1,993.70 for breach of contract.

Action in the district court for Ramsey county to recover $7,500 for the death of plaintiff’s intestate. The case was tried before Dickson, J., and a jury which returned a verdict for $2,250. From an order denying their motions for a new trial, defendants took separate appeals.

Action in the district court for Hennepin county to recover $1,353.'<'0 indemnity under plaintiff’s certificate of membership in defendant corporation. The material allegations of the answer are set out in the opinion.

Action in the district court for Pipestone county to recover a balance of $10,992.92 upon a contract. From an order, Nelson, J., denying its motion to serve a cross-complaint, defendant New Amsterdam Casualty Company appealed.

After the first appeal reported in 140 Minn. 455, 168 N. W. 353, the ease was tried before Hale, J., and a jury which returned a verdict for defendant. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the district court for Martin county to recover $20,000 for malpractice. The separate answers alleged negligence on the part of the minor and her parents, and that their negligence contributed to and caused any disease with which the minor suffered. The case'was tried before Tifft, J., who when plaintiff rested denied defendant Farristas motion to dismiss the action as to him, and a jury which returned a verdict in favor of defendants.

Action in the district court for Hennepin county to restrain defendant from so drilling, blasting and crushing stone on its premises as to cause plaintiffs injuries, discomforts and interference with the reasonable enjoyment of their respective homes, and to cause an impairment of the value of their respective properties.

Action in the district court for Mahnomen county to recover $2,000 paid on the purchase price of certain land to which defendant could not convey a marketable title. The case was tried before Grindeland, J., who when plaintiff rested denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of plaintiff for the amount demanded. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Becker county to recover $1,000 upon a promissory note. The answer alleged in defense the facts mentioned at the beginning of the opinion. The case was tried before Boeser, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

After tbe second appeal reported in 136 Minn. 475, 162 N. W. 1087, tbe motion of tbe Ford Motor Company in tbe district court for Hennepin county for tbe allowance of interest on the award from tbe date of the first award until tbe making of tbe motion, and for judgment for the amount of tbe award, with interest so computed, was denied by Steele, J. From the order denying tbe motion, Ford Motor Company appealed.

Proceeding in the district court for Steams county under the Workmen’s Compensation Act in which judgment was entered in favor of the workman and against his employer and the insurer of the employer. Upon the relation of the employer and its insurer the supreme court granted its writ of certiorari directed to the district court for Stearns county and the Honorable John A. Roeser, judge thereof, to review the proceedings in that court.

Defendant was indicted by the grand jury of Hennepin county charged with the crime of furnishing and selling narcotic drugs to habitual users, tried in the district court for that county before Fish, J., and a jury which returned a verdict of guilty as charged in the indictment. From the judgment entered pursuant to the verdict, defendant appealed.

After the former appeal reported in 139 Minn. 162, 165 N. W. 1067, the ease was tried before Hale, J., who made findings and ordered judgment against each stockholder of defendant national bank for such proportion of the total, tax assessed, together with penalties and costs, as the number of shares of stock held by each on May 1, 1915, bore to the total number of shares outstanding on that date.

Action in the district court for Lyon county to recover $3,817.66 for breach of contract. The answer alleged among other matters that the execution of the contract by defendant city was not authorized by any of the provisions of the city charter or the laws of Minnesota, and defendant had no power or authority to enter into or execute such contract.

Action in the district court for Hennepin county to recover $688.83 for negligence in collecting the amount of a check.

The supervisors of the town of Bosedale in Mahnomen county laid out a town road and it was constructed. The facts are stated in the first paragraph of the opinion. Peter Burg appealed from the assessment of benefits and damages to the district court for that county, where the appeal was heard by Urindeland, J., and a jury which found in favor of respondent town.

Action in the district, court for St. Louis county to recover $7,600 for timber cut and removed from plaintiffs land. The case was tried before Eesler, J., who at the close of the testimony denied defendants’ motions for directed verdicts in .their favor, and a jury which returned a verdict for $1,020.64. Defendants’ motion for judgment notwithstanding the verdict was denied. Prom the judgment entered pursuant to the verdict, defendants appealed.

Action in the municipal court of Minneapolis upon two promissory, notes. The North American Life & Casualty Company filed its complaint in intervention. The facts are stated in the first paragraph of the opinion.

Upon the relation of O. P. Flaten and others the district court for Chippewa county granted its writ of certiorari to review the proceedings for the consolidation of Independent School District of Granite Falls and School District No: 21 of Chippewa county. The matter was heard before Qvale, J., who made findings and quashed the writ. From the judgment entered pursuant to the order quashing the writ, relators appealed.

Upon the relation of Ole Greibroek the supreme court granted its writ of certiorari directed to the district court for Marshall county, Honorable Andrew Grindeland, Judge, to review the action of that court in establishing Judicial Ditch No. 30, Marshall and Pennington counties.

Action in the district court for Becker county to recover $2,300 upon a promissory note.

Action in the district court for Clay county to recover $2,500-for fraudulent representations in the exchange of certain real property. The facts are stated in the opinion. The ease was tried before Boeser, J., who made findings that plaintiffs were entitled to recover $3,100, on the conditions mentioned in the first paragraph of the opinion. Defendant’s motions for amended findings and for a new trial were denied.

Action in the district court for Brown .county for the partition of certain real property, and for a sale thereof in case partition could not be made without great prejudice to the owners. The case was tried beiore Clague, J., who made findings and ordered that the land be sold. From the judglnent entered pursuant to the order for judgment, Emil G. Hage and Dora M. Hage appealed.

In the above entitled matter the city of St. Paul made application to the district court for Ramsey county for confirmation of the assessment of benefits, costs and expenses.

Action in the district court for Blue Earth county to recover $2,000 for breach of contract. The facts are stated in the opinion. The case was tried before Comstock, J., who when defendant rested granted his motion for a directed verdict. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover a balance of $1,401.75, royalty due under a state mining lease. The answer alleged that plaintiff had been paid in full for all the iron ore defendant had taken out, mined and carried away from the Majorca mine up to July 1, 1918; that all the iron ore taken by defendant was weighed by the railroad company and the total weight thereof was 28,421 tons.

Action in the district court for St. Louis county to recover $2,000 upon defendant’s accident indemnity policy. The answer alleged that the death of the insured was caused by suicide. The case was tried before Dancer, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony denied plaintiff’s and defendant’s motions for directed verdicts, and a jury which returned a verdict in favor of plaintiff.

The motion of Meeker county for an order vacating the judgment for costs entered and docketed in the office of the clerk of the supreme court, insofar as it imposed a money liability on the county, because (1) it was unauthorized, (2) because the county did not appear or take any part in the litigation, but the same was carried forward by consent between Independent School District No. 47 and petitioners, and (3) because the costs and disbursements were improperly taxed and…

Action in the municipal court of Minneapolis to recover $825 for injuries received in tripping over a wire strung and maintained by defendant about one foot above the ground between the grass plot and the sidewalk.

Action in the district court for Ramsey county to recover $12,200 for conversion. Charles E. Bowen, attorney for plaintiff, obtained an order requiring defendants to show cause why his motion to vacate a stipulation for settlement and dismissal of the action and for'an order awarding him the fees to which he was entitled for services rendered plaintiff in the action, and for judgment against defendants for the amount so determined, should not be granted.

Plaintiff obtained from the supreme court an order to show cause why a writ of mandamus should not issue, directed to the Honorable Frederick N. Dickson, one of the judges of the district court for Ramsey county, requiring him to make an order remanding a certain action and changing the venue thereof to Yellow Medicine county.

Action in the district court for Ramsey county to recover $3,000 damages for injuries received in a collision with defendant’s truck. The answer alleged negligence on the part of plaintiff. The case was tried before Dickson, X, who when plaintiff rested denied defendant’s motion for a dismissal of the action and at the close of the testimony its motion for a directed verdict, and a jury which returned a verdict for $1,250.

Action in the district court for Becker county to recover $1,200 for false representations in the sale of a carload of corn. The answer alleged that on or about March 20, 1918, plaintiffs purchased and defendant sold and delivered to them, on board of car, at Minneapolis, Minnesota, 666 bushels of corn on cob at the agreed price of $1.40 per bushel, totaling the sum of $932.40, which purchase price, on or about the twenty-seventh of that month, plaintiffs paid.

From an order of the district court for Carlton county, Dancer, J., denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. From an order, Dancer, J., substituting William G. Mc-Adoo, Director General of Railroads, as defendant, and dismissing the action as to the Northern Pacific Railway Company, plaintiff appealed.

Action in the district court for Ramsey county to compel defendant to transfer certain shares of stock upon its books and to issue to plaintiff new certificates therefor. Plaintiff’s motion for an order requiring the answer to be made more definite and certain and the by-laws referred to therein to be set out in full, as well as the date thereof, was granted by Michael, J. Respondent’s motion to dismiss the appeal was denied.

Action in the district court for Crow Wing county to recover $1,000. Defendant’s demurrer to the complaint was overruled, McClenahan, J„ and the questions presented by the demurrer certified as important and doubtful. From the order overruling the demurrer, defendant appealed.

<p>Dismissal of appeal — case followed.</p> <p>Motion for new trial on the grounds (1) that the verdict was not justified by the evidence; and (2) errors in law, was granted, but the order was silent on the grounds therefor. Appeal from the order, and motion to dismiss the appeal granted on the authority of Heide v. Lyons, 128 Minn. 488, 151 N. W. 139. [Reporter.]</p> <p>Appeal and error —grant of.new trial without giving reason — effect of statute.</p> <p>Section 7828, G. S. 1913, to the effect that the court shall not presume that an order granting a new trial which is silent as to the ground thereof, was granted on the ground .that the verdict was not justified by the evidence, was intended to abolish a rule of the court which permitted such presumption. It can have no effect in determining the appealable character of the order. [Reporter.]</p>

Harvey IVellman was indicted by the grand jury of Hennepin county. The proceedings in the district court for that county at the trial before Fish, J., .are stated id the opinion. The court certified the question to the supreme court.

Action in the district court for Hennepin county to recover $3,881.80 for breach of contract. The answer alleged that on or about April 3, 1917, plaintiff attempted to deliver to defendant a quantity of booklets but that it refused to receive any of said booklets or any part thereof.