Volume 144 — Minnesota Reports

Upon the relation of the Twin City Building & Investment Company the district court for Hennepin county granted its alternative writ of mandamus directed to James G. Houghton, as inspector of buildings of the city of Minneapolis, commanding him to issue to relator a permit and license to install electric wiring in a certain building, or show cause why he had not done so.

<p>Mechanic’s lien, — price of material — finding sustained by evidence.</p> <p>1. In an action to enforce a mechanic’s lien the evidence is held to sustain a finding that certain materials were furnished on the basis of reasonable value and not at a price fixed by special contract.</p> <p>Same — acceptance of material.</p> <p>2. The evidence sustains a finding that certain boilers and fixtures were accepted and were substantially of the character sold.</p> <p>Same — lien, not avoided by excessive demand.</p> <p>3. The evidence did not require a finding that the lien claimant in his statement “knowingly demanded in such statement more than is justly due" and thereby was deprived by G. S. 1913, § 7085, of a lien.</p>

Action in the district court for Hennepin county to recover $1,232.84. The facts are stated in the opinion. The case was tried before Molyneaux, J., who made findings and ordered judgment in favor of defendant Furber. Plaintiff's motion for amended findings of fact and conclusions was granted and the court found in favor of plaintiff. Defendant Furber’s motion to strike out the amended findings and conclusions of law, or for a new trial, was denied.

Defendant was indicted by the grand jury of Waseca county, charged with the crime of grand larceny in the second degree, tried in the district court for that county before Childress, J., who at the close of the testimony denied defendant’s motion for a directed verdict and a jury which found him guilty as charged in the indictment. From the order denying his motion for a new trial and from the judgment of conviction, defendant appealed.

From an order of the probate court for Clay county, Sharp, J., denying the petition of Carl A. Hallenberg to have the fact of his restoration to capacity judicially determined, petitioner appealed to the district court for that conuty where the appeal was heard before Boeser, J., who made findings and reversed the order of the probate court. The motion of Oscar Hallenberg for amended findings was denied.

Action in the district court for Ramsey county by the administratrix of the estate of Peter Plasch, deceased, to recover $7,500 for the death of her intestate. The case was tried before Haupt, J., who at the close of the testimony denied the motion of defendants for a directed verdict, and a jury which returned a verdict for $1,000. Prom an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Mahnomen county to recover $698 upon an account stated. The facts are stated in the opinion. The case was tried before Grindeland, J., who granted plaintiffs motion for a directed verdict. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Otter Tail county to determine adverse claims to certain real estate. The case was tried before Parsons, J., who made findings and ordered judgment in favor of plaintiffs. From the judgment entered pursuant to the order for judgment, defendants appealed.

After the former appeal reported in 136 Minn. 212, 161 N. W. 512, the case was tried before Stanton, J., and a jury which returned a verdict in favor of plaintiff for $18,500. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Blue Earth county to recover $1,365 damages and- to restrain defendant village and its officers from continuing a nuisance.

Action in the district court for Ramsey county to recover $2,350. The facts are stated in the opinion. The case was tried before Dickson, J., and a jury which returned a verdict for $1,000. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Chisago county for an accounting and to, set aside plaintiff’s deed to one of the defendants. The ease was tried before Searles, J., who made findings and ordered judgment as set out in the fourth paragraph on page 71. From an order denying their motion to set aside the findings and for a new trial, defendants appealed.

Action in the district court for Becker county for specific performance of a contract for the purchase of certain land. The answer alleged that plaintiff was informed of the mortgages upon the land at the time of the execution of the contract and agreed to assume them and pay in addition thereto the sum of $2,800. The ease was tried before Fish, J., who made findings and ordered judgment in favor of defendants.

Upon the relation of P. C. Westergaard the supreme court granted its writ of certiorari directed to the district court for Steams county, to review an order of that court, Roeser, J., establishing Judicial Ditch No. 3 in Steams and Kandiyohi counties, insofar as the same affects the drainage of Crow lake.

After the former appeal reported in 140 Minn. 461, 168 N. W. 553, the ease was tried before Montgomery, J., who granted plaintiff’s motion for a directed verdict for $86.20. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Blue Earth county to cancel a deed. The case was tried before Comstock, J., who made findings and as conclusion of law found that defendant was the owner of the land conveyed. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Defendant was indicted by the grand jury of McLeod county charged with the crime of assault in the second degree, tried in the district court for that county 'before Tifft, J., and a jury which found him guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Pope county to recover $1,200. The facts are stated in the opinion.

Action in the district court for Hennepin county to' recover $320. In his separate answer Malcolm E. Grant set up as a defense the facts stated in the third paragraph of the opinion. The case was tried before Steele, J., who made findings and ordered judgment for $350. From an order denying his alternative motion for amended findings or for a new trial, defendant Malcolm E. Grant appealed.

Action in the district court for 'Steele county to annul a marriage. The 'answer alleged the insanity of defendant. The case was tried before Childress, J., who made findings and as conclusion of law found that plaintiff was not entitled to have the marriage annulled, but that he was entitled to the custody of the children. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the municipal court of St. Paul to recover $396.82 upon defendant’s burglary policy. The case was tried before Finehout, J., who made finding’s and ordered judgment in favor of plaintiff for the amount demanded. From an order denying its alternative motion for amended findings or for a new trial, defendant appealed.

Action in the district court for Hennepin county to reform a fire insurance policy and to recover on the policy as reformed. The facts are stated in the opinion.

Action, in the district court for Ramsey county to recover $5,000 for personal injuries. The case was tried before Hanft, J., who at the close of the testimony granted the motion of defendant to dismiss the case as a common law action and that the court either grant or deny compensation'under the Workmen’s Compensation Act. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for 'St. Louis county to recover $2,300 for salary. The answer alleged that if plaintiff was at any time employed as a regularly qualified, inspector by the department of public works he had abandoned all claim to the office and to the salary attached thereto.

From an order of the probate court for Goodhue county, Ericson, J., refusing to admit to probate what purported to be the last will and testament of Halvor Knutson, deceased, Gena Benrud, Hans Knutson and Mrs. Edward Olson, three of the beneficiaries under the instrument, appealed to the district court for that county. The appeal was heard by Converse, J., who affirmed the order of the probate court and ordered that the appeal be dismissed.

Action in the -district court for Hennepin county to foreclose a mechanic’s lien. The case was tried before Converse, J., of the First judicial district, who made findings, ordered judgment in favor of plaintiff for $65.36 and that the amount be -a specific lien upon the premises, and a sale of the premises to satisfy -plaintiff’s lien and judgment. From the judgment entered pursuant to the. order for judgment, defendant Flour City Fuel & Transfer Company appealed.

Action in the district court for Hennepin county to recover $3,000 for the breach-of an executory contract for the sale of land. The ease was tried before Fish, J., who made findings and ordered judgment in favor of defendants for costs and disbursements. From an order denying his motion for amended findings and conclusions or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $2,400, broker’s commission in exchange of properties. The case was tried before Converse, J., who at the close of the testimony denied defendant’s motion for a directed verdict and granted plaintiff’s motion to amend the complaint setting forth an express contract, and a jury which returned a verdict for $510.40.

Action in the district court for Traverse county for rescission of a contract to trade farms and for reconveyance of land in Traverse county, or for $52,274. One defense was that the court was without jurisdiction of the subject matter of the action or to grant equitable relief therein, for the reason that the plaintiff had a full, complete and adequate remedy at law.

Action in the district court fox Hennepin county to recover $433.97. The Kissel Motor Car Company in its separate answer expressly denied that defendant John F. Lynch .acted for or as the agent of defendant or had any authority so to act in respect to any of the transactions alleged in the complaint.

Action in the district court for Koodhiching county to recover $150.55 and foreclose a mechanic’s lien therefor upon certain logs and timber products with $20 attorney’s fee. The answer was a general denial. The case was tried before McClenahan, J., who made findings, ordered judgment in favor of plaintiff and declared the judgment to be a specific lien for the work performed, together with the indorsed time checks attached in the office of the clerk of court.

Action in the district court for Hennepin county for the surrender to defendant corporation for cancelation, of five shares of capital stock, evidenced hy certificates issued to defendant Hare, and to enjoin him from voting or selling the stock. From an order, Hale, J., discharging an order to show cause why an injunction should not be granted restraining defendant Hare from voting five shares of stock alleged to have been unlawfully issued to him, plaintiffs appealed.

Action in the district court for Hennepin county. The facts are stated in the opinion. Defendants’ demurrer to the complaint was overruled. From, an order, Jelley, J., appointing George R. Smith temporary receiver of defendant corporation, defendants, except N. W. White and G. L. Hicks, appealed.

Action in the district court for Ramsey county to recover $762,500 for breach of contract. From an order, Dickson, J., granting plaintiff’s motion to strike out certain portions of the answer and to make it more definite and certain, defendant appealed.

From a judgment of justice court against plaintiffs for $99.67, they appealed to the municipal court of St. Paul.

Action in the district court for Hennepin county to recover $849.28 upon a benefit certificate issued by defendants’ benefit department. The case was tried before Fish, J., who made findings and ordered judgment in favor of plaintiff for $800. Defendants’ motion to amend the findings of fact and conclusions of law and their motion for a new trial was denied. From the order denying their motion for a new trial, defendants appealed.

Two action® in the district court for Hennepin county to recover instalments of rent aggregating $1,500. The allegations of the answer are stated in the second, fourth, and fifth paragraphs of the opinion.

Action in the district court for Washington county to recover $9,250 for the loss of plaintiff’s house by fire from one of defendant’s locomotives. The case was tried before Searles, J., who at the close of the evidence granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $3,318 for injuries received from 'an automobile of defendant company driven by its servant.

Action transferred to the district court for Beltrami county to recover $5,000 for malicious assault. The case was tried before Stanton, J., who denied the motions of defendant company for a directed verdict, and a jury which returned a verdict for $1,250. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, Summit Mercantile Company appealed. From an order denying his motion for a new trial, John Thompson appealed.

Action in the district court for Hennepin county to cancel plaintiffs deed. The case was tried before Molyneaux, J., who made findings and as conclusion of law dismissed the action. Plaintiff’s motion for an order amending the conclusions of law or for a new trial, was denied. From the judgment dismissing the action, plaintiff appealed.

Action in replevin in the district court lor Martin county to recover possession of a promissory note or for $1,425.60 its value. The case was tried before Dean, J., and a jury which returned a verdict in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

After the former appeal reported in 141 Minn. 300, 170 N. W. 216, the case was tried before Daly, J., who made findings and confirmed the action of the county board. From an order denying their motion to amend the findings, conclusions of law and order for judgment, or for a new trial, plaintiffs appealed.

Upon the relation of The Broderick Company the supreme court .granted its writ of certiorari directed to the district court for Ramsey county and the Honorable Charles C. Haupt, judge thereof, to review proceedings in that court under the Workmen’s Compensation Act brought by Yiola Beyl, as employee, against relator, as employer.

Action in the district court for Hennepin county to restrain defendants from calling and conducting any election under the proposed street-railway franchise or ordinance or treating the ordinance under any circumstances as a valid ordinance or contract between the city and the company. From an order, Molyneaux, J., denying his motion for a temporary injunction, plaintiff appealed.

Upon the relation of C. D. Whipple the district court for Hennepin county granted its writ of habeas corpus directed to Oscar Martinson, sheriff for that county; who had the custody of relator by virtue of a warrant of commitment of said court. The matter was heard by Molyneaux, J., who quashed the writ and remanded relator to the custody of the sheriff. From the order quashing the writ, relator appealed.

The executors of the estate of Frank H. Peavey, deceased, petitioned the probate court for Hennepin county for an order making partial distribution of the residuary estate and for the construction of item 36 of testator’s will. The petition was heard by Dahl, J., who made findings and as conclusion of law ordered distribution of certain moneys to the beneficiaries.

After the former appeal reported in 140 Minn. 63, 167 N. W. 278, the ease was tried before Hale, J., who when intervener rested denied defendant’s motion for a directed verdict upon the ground- that he had failed to establish a cause of action, had failed to establish a valid lien upon the cause of action set forth in the intervention complaint, and that as a matter of law it appeared that the main action was solicitéd by A. A. Roe and therefore invalid and void as against…

Action in the district court for Yellow Medicine county to recover $706.10. The case was tried before Daly, J., and a jury which returned a' verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Wright county for the partition of certain premises. The case was tried before Giddings, J., who made findings and as conclusion of law ordered that the partition should be had in the manner stated in the first paragraph of the opinion. From the judgment entered pursuant to the order for judgment, defendants appealed.

From a judgment of the municipal court of the city of Mankato, Goff, L, convicting defendant of a violation of a traffic ordinance of that city, he appealed.

Upon the relation of Scheffer & Rossum Company the supreme court granted its writ of certiorari directed to Henry Kane, justice of the peace, and others, to review garnishment proceedings had before the justice.

Action in the district court for Carlton county to recover $5,157.38. Among other matters the answer expressly denied that defendant Hansen made any representation whatsoever to plaintiff that he knew that the contract when signed by Shillin was valid and sufficient to convey a good and absolute title to plaintiff to the property described, upon payment of the amount therein specified.

Action in the district court for Hennepin county to recover $1,615. The facts are stated in the opinion. The case was tried 'before Steele, J., who when plaintiff rested denied defendants’ motion for judgment of dismissal, and a jury which returned a verdict for $930. From an order denying their motion for a new trial, defendants appealed.

■ Action in the district court for Nobles county to recover $3,035.70 upon defendant’s check. The ease was tried before Nelson, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $3,141.96. From the judgment entered pursuant to the verdict, defendant appealed.

Action transferred to the district court for Aitkin county to recover $2,436.75. The facts are stated in the opinion. From an order, Fesler, J'., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

After the decision reported in 135 Minn. 413, 161 N. W. 158, mentioned in the fifth paragraph of the opinion, the executor filed in the probate court for Hennepin county its second supplement to its final account. The widow and daughter filed objections to the items mentioned in the sixth paragraph of the opinion.

Action in the district court for Aitkin county for an order extending the time within which plaintiff might redeem from foreclosure of mortgage pursuant to the Soldiers’ and Sailors’ Civil Relief Act of 1918. From an order, McClenahan, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $350 for injuries to plaintiffs automobile caused by the negligence of defendants’ servant. The case was tried before C. L. 'Smith, J., who made findings and ordered judgment in favor of plaintiff for $300. From an order denying their motion to amend the findings or for a new trial, defendants appealed.

Action in the district court for Washington county for an accounting for crops harvested upon certain land during 1917 and for the expense incurred in raising the crops; that the crops be sold and the expense of raising them paid, and that the surplus be divided between the parties in equal shares according to their respective interests. The case was tried before Searles, J., who made findings and ordered judgment in favor of plaintiff for $183.15 and interest.

Paul J. Falkenhagen, deeming himself aggrieved by the order of the court determining that his lands in Lac qui Parle would be benefited by the construction of Judicial Ditch No. 2 in Yellow Medicine and Lac qui Parle counties, demanded a jury trial. The matter was heard by Daly, J., and a jury which returned a verdict that the land was benefited $6,100 and damaged $1,600. From an order denying his motion for a new trial, demandant appealed.

Upon the relation of Anna Jacobson the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable William C. Leary, judge thereof, to review proceedings in that court brought under the Workmen’s Compensation Act by relator, as employee’s widow, against the city of Minneapolis, employer.

Action in the district court for Hennepin county to recover $5,000. The facts are stated in the opinion. The separate answers alleged plaintiff assumed the risks of his employment and that the hazards incident thereto were obvious. The ease was tried before Eish, J., who at the close of plaintiff’s case granted defendants’ motion for a directed verdict. From an order denying his motion for a new trial as to Ernest M. Ganley Construction Company, plaintiff appealed.

Action in replevin in the district court for Hennepin county to recover possession of the chattels enumerated in the first paragraph of the opinion, or for $1,738.25, the value thereof in case delivery could not be had and $500 for their detention.

Action in the district court for Crow Wing county to recover $10,000 for personal injuries. In its amended answer defendant alleged that it had been informed that about November 24, 1916, plaintiff, while in an intoxicated condition, went over and across certain premises in the possession of defendant, without its knowledge, permission or consent; that if plaintiff was injured, such injury was caused by the negligence, condition, careless and unauthorized acts of plaintiff.

Action in the district court for Morrison county to recover $500 for money had and received. The facts are stated in the opinion. The case was tried before Parsons, J., who when plaintiff rested granted defendant’s motion to amend the answer so as to conform to the proof, denied his motion for a directed verdict, and a jury which returned a verdict for $689.

Action in the district court for Le Sueur county to recover $10,000 for libel. The answer alleged that all the statements in the letter mentioned in the complaint were true. The case was tried before Tifft, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $400. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $1,000, the value of an automobile stored with defendant. The answer alleged that defendant rented to plaintiff a certain stall in his garage; that one of the conditions was that defendant would not be liable for loss of the automobile by fire or theft.

Action in the district court for Stearns county to recover $2,000 upon defendant’s health and accident insurance policy. The facts are stated in the opinion.

Action in tlie district court for Yellow Medicine county to recover $850. The case was tried before Daly, J., who when plaintiff rested denied defendants’ motion to dismiss the action and when defendants rested denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict in favor of defendants. From an order denying its motion fox judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

In the district court for Hennepin County George G. Stiles moved to-vacate a dismissal of the above entitled action by the plaintiff, and to reinstate the cause upon the calendar, for the purpose of enabling him to recover $4,000 as his attorney fees and $750 additional loaned by him to the plaintiff. The defendant company made return and answer.

Action in the district court for Stearns county to recover $655.13 for services and expenses incurred. The facts are stated in the opinion. The case was tried before Roeser, J., and a jury which returned a verdict for $518.55. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to restrain defendant from using a certain trade-name in its business. The case was tried before Fish, J., who made findings and ordered judgment in favor of defendant. From an order denying its motion for a new trial or for a modification of the findings and conclusions of law, plaintiff appealed.

Action in the district court for Hennepin county to recover a balance of $2,498.77 for lumber sold and delivered. Defendants interposed a counterclaim and asked judgment for $811.76. The case was tried before Waite, J., who at. the close of the testimony denied plaintiff’s motion for a directed verdict and for the dismissal of the counterclaim, and a jury which returned a verdict in favor of plaintiff for $2,318.25.

Action in the district court for Ramsey county to recover $31,000 for personal injuries.

Action in the district court for 'Sherburne county to foreclose a mechanic’s lien and recover $117.50. The facts are stated in the opinion. The case was tried before Giddings, J., who made findings and ordered judgment in favor of plaintiffs for $92.50, and ordered a sale of the premises to satisfy the lien. From an order denying their motion to amend the findings or for a new trial, defendants appealed.

After the appeal reported in 141 Minn. 148, 169 N. W. 540, the case was tried before Dickson, J., who at the close of plaintiff’s testimony denied defendant’s motion to dismiss the action and at the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict for $6,000. Defendant’s motion for judgment notwithstanding the vérdict was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Upon the relation of E. E. SancLquist the supreme court granted its writ of certiorari directed to the district court for Blue Earth county to review the proceedings in that court, Comstock, J., convicting relator of contempt of court.

Action in the district court for Lake county to recover $15,000 for personal injuries while in the employ of defendant. The answer alleged that the injuries were caused by the negligence of plaintiff and he assumed the risks and dangers he encountered at the time of the accident.

Action in the district court for Goodhue county to recover $15,000 for personal injuries. The answer alleged that plaintiff carelessly and negligently moved against and. collided with defendant’s automobile and thereby caused some injury to himself from which he had recovered.

Defendant was indicted by the grand jury of Hennepin county charged with the crime of unlawfully transporting one gallon of intoxicating liquor in the city of Minneapolis. Defendant demurred to the indictment. The demurrer, was overruled, Jelley, J., and at defendant’s request ten questions were certified to the supreme court as set out at the beginning of the opinion.

Defendant wa.s indicted by the grand jury of Hennepin county charged with the crime of manufacturing one quart of intoxicating liquor commonly called beer to be used as a beverage and containing one-half of one per cent or more of alcohol: Defendant demurred to the indictment. The demurrer was overruled, Jelley, J., and at defendant’s request the questions set out at the beginning of the opinion were certified to the supreme court.

Defendant was indicted, by the grand jury of Ramsey county charged with the crime of fraudulently putting ballots into a ballot box at an election in the city of St. Paul, tried in the district court for that county before Michael, J., and a jury which found him guilty as charged in the indictment. Prom an order denying his motion for a new trial, defendant appealed.

Action in the district court for Koochiching county to determine adverse claims to certain timber. The case was tried before MeClenahan, J., who made findings and ordered judgment in favor of- defendants. From an order denying its motion for a new trial, plaintiff appealed. From an order denying their motion for a new trial, defendants Frank P. Sheldon and Claribel S. Sheldon appealed.

Action in the district court for Scott county to establish a lien against certain premises prior to the mortgage of defendant trust company, to recover possession of the premises and $4,000 damages. The ease was tried before 'Tiffit, J., who made findings, and ordered judgment in favor of plaintiffs for $14,416.67. From an order denying its motion for a new trial, the Minnesota Loan & Trust Company appealed.

Action in the district court for Winona county to recover $4,000. Jerome Speltz intervened and plaintiff demurred to his amended intervening complaint on the ground that it appeai-ed upon the face thereof that it did not state facts sufficient to constitute a ground for intervention. Plaintiff demurred to the answer of defendant bank on the ground that it did not state facts sufficient to constitute a defense.

Upon the application of relator the district court for Bamsey county granted its writ of alternative mandamus directing the commissioner of education of the city of St. Paul to reinstate relator in her position as teacher in the public schools of that city and to place relator’s name upon the payroll of the city, or show cause why he had not done so.

Action in the municipal court of Minneapolis to recover $540, the value of an automobile. The defense set up in the answer was that the storage of automobiles was accepted only on condition that defendant would not be responsible for their loss by theft or fire. The case was tried before Charles L. Smith, J., who at the close of the testimony denied motions by both parties for directed verdicts, and a jury which returned a verdict for the amount demanded.

Defendant was indicted by tbe grand jury of Wilkin county charged with the crime of talcing indecent liberties with the person of a female child under the age of 14, tried in the district court for that county before Flaherty, J., and a jury which found him guilty as charged. Defendant’s motion for a new trial was denied.

Actions in the district court for Hennepin county to foreclose mechanic’s liens. The cages were consolidated and tried together before Dickinson, J., who made findings and ordered judgment in favor of appellant for the amount demanded, but denied its right to a lien. From judgments entered pursuant to orders for judgment, the Northland Pine Company appealed.

Action in the district court for St. Louis county to recover on five fire insurance policies. The facts are stated in the opinion. The case was tried before Dancer, J., who made amended findings and ordered judgment against the National Union Eire Insurance Company, the West-Chester Fire Insurance Company, and -the Germania Fire Insurance Company in specified amounts. From an order denying their motion for amended findings or for a new trial, defendants appealed.

Action in the district court for Rice county to recover $7,500 for the death of plaintiff’s intestate. In its answer defendant set up that it was a private charitable corporation, its object and purpose, and that its work was wholly charitable and not for private profit, and expressly denied that the intestate’s death was caused by carelessness, negligence or want of care on its part.

Action in the district court for Hennepin county to recover $3,000 for the death of plaintiff’s intestate. The answer alleged that the intestate’s own negligence caused or contributed to the injuries received by him.

Action in the district court for Clay county to annul the stipulations contained in a confession of judgment and that the sale of a homestead thereunder be declared to be contrary to public policy and void. The case was tried before Fesler, J., who made findings and as conclusions of law found that the sale and sheriff’s certificate of sale were null and void. From an order denying his motion for amended findings or for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Norman county charged with the crime of manslaughter in the second degree, tried in the district court for that county before Grindeland, 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 of conviction, sentencing him to the penitentiary, defendant appealed.

Action in the district court for Ramsey county to recover $1,400 on two promissory notes. The facts are stated in the opinion. The case was tried before Brill, J., who made findings and as conclusion of law found that plaintiff was chargeable with notice of the rights of defendant, acted in bad faith, and that plaintiff was not entitled to recover upon the notes. From the judgment in favor of defendant, plaintiff appealed.

From the judgment of the municipal court of Minneapolis, Montgomery, J., convicting her of the offense of keeping a disorderly house, defendant appealed.

Action m the district court for Hennepin county to restrain the members of The Soldiers’ Bonus Board from carrying out the provisions oí Laws 1919 (Ex. Sess.) e. 49. The demurrer of the defendants to the complaint was sustained, Jelley, J. From the order sustaining the demurrer, plaintiff appealed.

Action in the district court for Stearns county to set aside a real estate mortgage. The separate answer of Hagen-Berg Company alleged that the mortgage was given to secure certain advances paid Joseph Bolting to be used in his grain elevator business. The case was tried before Roeser, J., who made findings and dismissed the action as to the sheriff and ordered judgment in favor of plaintiff.

From an order of the county board of Cottonwood county granting a petition for the consolidation of certain school districts into Common School District No. 24, that district and A. H. Anderson, a resident taxpayer, appealed to the district court for that county on the grounds that the county board had no jurisdiction to act in making such order and that its action was against the best interests of the territory affected.

Action in the district court for Hennepin county to recover $500 on a treasurer’s check of defendant bank. The substituted defendant set up a counterclaim for $7,500. The case was tried before Hanft, J., who made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Defendant was indicted by the grand jury of McLeod county charged with the crime of practicing medicine without first having secured a license, tried in the district court for that county before Tifft, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which found him guilty as charged in the indictment. Defendant’s motion for a new trial was denied.

Action in the district court for Ramsey county to recover $13,500 impersonal injuries. The answer alleged negligence on the part of plaintiff. The case was tried before Haupt, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $3,485. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Le Sueur county for an accounting; to have a certain deed canceled; to decree plaintiffs to be the owners and entitled to possession of the 80-acre tract; and to cancel two mortgages. The facts are stated in the opinion.

After the former appeal reported in 139 Minn. 332, 166 N. W. 405, the cases were tried before Brill, J., who at the close of the testimony denied defendants’ motions for directed verdicts and granted plaintiffs motion for directed verdicts in its favor. From an order in each case denying their motion for judgments notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Murray county to recover $5,000 for malicious prosecution. The case was tried before Nelson, J., who when plaintiff rested dismissed the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the municipal court of Redwood Falls to -determine the paternity of an illegitimate child. The case was tried before Converse, J., judge of the First judicial district sitting in place of the judge of the Ninth judicial district, by order of the Governor of the state, and a jury which found defendant guilty as charged in the complaint. From an order denying his motion for a new trial, defendant appealed.

From an order of the probate court for Ramsey county, Bazille, L, ordering the executors of the last will of testator to pay the legatees named in paragraph thirteen of the will and a partial decree in favor of D. B. Humphrey, Charles Humphrey, Oel S. Ford, personally and as representative of the estate of Luna Hale, Effie Bogart, Amanda Thore and the residuary legatees appealed to the district court for that county.

Action in the district court for Martin county to recover $7,500 for the death of plaintiff’s intestate. The case was tried before Dean, J., and a jury which returned a verdict for $2,000. From an order denying his motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis. From an order, Bardwell, X, granting plaintiff’s motion to strike out the answers of defendants as sham, defendants appealed.

Case followed. Action in the district court for Koochiching county to foreclose mechanic’s liens upon certain logs and timber products. The case was tried before McClenahan, J., who made findings, ordered judgment in favor of plaintiffs, declared the judgments to be specific liens upon the logs and timber, and ordered the property be sold to satisfy the Hens. From the judgments entered pursuhnt to the order for judgment, defendant G. W. Kind appealed.

Upon the relation of Theo. Quale the district court for Pennington county-granted its alternative writ of mandamus directed to Guy A,. Penney, as mayor of the -city of Thief River Falls, directing him to sign warrants issued by the city clerk of that city to petitioner in payment of his salary as city attorney for the months of January, February and 'March, 1919, and permit the same to be delivered to petitioner, or show cause why he had not done |so.

<p>Action on promissory note i— finding supported by evidence.</p> <p>Action in the municipal court of Minneapolis to recover $600 on a promissory note. The case was tried before Charles 3U 'Smith, J., who made findings and ordered judgment for the amount demanded. From an order denying his motion for a new trial, defendant appealed. Affirmed.</p>

Two actions in the district court for Hennepin county, the first to recover $4,150 and the second to recover $3,000>. The cases were tried together before Jelley, X, who when plaintiffs rested granted defendant’s motion to dismiss in each action on the ground that they had failed to make out a cause of action against defendant, in that they had shown no negligence on his part and that the evidence conclusively showed that plaintiff was guilty of negligence as a matter of law.

Action in the district court for Ramsey county to recover $2,657 for material and labor furnished in construction of a building for the University of Minnesota. The answer interposed a counterclaim for $1,400. The case was tried before Haupt, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Mower county to recover $600 for injuries to an automobile. The defense waJs contributory negligence on the part of plaintiff. The case was tried before Dean, X, acting for the judge of the Seventeenth judicial district, 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 $300.

Action in the district court for .Hennepin, county to recover $640, and foreclose a mechanic’s lien for the same. The facts are stated in the opinion. The case was tried before Fish, J., who made findings and ordered judgment in favor of plaintiff for the- amount demanded, together with an attorney’s fee of $100; that the amount be made a specific lien upon the premises, and that they be sold to satisfy the lien.

Upon the relation of Ivan Bowen the supreme court granted its writ of certiorari directed to the Honorable W. L. Comstock, judge of the district court for Blue Earth county, and others, to review an order denying the petition of relator for recovery of his attorney fees in proceedings in that court brought under the Workmen’s Compensation Act by ¡Ernest Johanson, employee, against I/undin Brothers and others, employers and insurers.

Action in the district court for Hennepin county to recover $1,378.60 for the conversion of a carload of oats.

Case followed. Upon the application of relator the district court for Ramsey county grant ed its writ of alternative mandamus directing the commissioner of education of the city of St. Paul to reinstate relator in her position as teacher in the public schools of that city and to place relator’s name upon the payroll of the city, or show cauise why he had not done so.

Case followed. Action in the municipal court of Minneapolis to recover $525, the value of an automobile. The defense set up in the answer was that the (Storage of automobiles was accepted only on condition defendant would not be responsible for their loss by fire or theft. The ease was tried before Charles 'Ii. Smith, J., who at the close of the testimony denied motions by both parties for directed verdicts, and a jury which returned a verdict for $5:30.

Action in the district court for .Wabasha county to recover $326.21 for goods sold and delivered. From an order, 'Callaghan, J., striking out defendants’ answer as [sham, they appealed.

Action in the district court for Hennepin county to recover $15,000 for personal injuries. The answer alleged that plaintiff’s injury was due solely to the carelessness and negligence of the driver of the car in which jshe was riding. The case was tried before Jelley, 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 $2,750.

Action in the district court for Hennepin county to recover $10,000 for personal injuries. The answer alleged that the collision between plaintiff and defendant’s taxicab was due solely to plaintiff’s carelessness and negligence. The case was tried before Steele, 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 $1,200.