Volume 145 — Minnesota Reports

Action in the district court for Clay county to cancel the. mortgage mentioned in the fourth paragraph of the opinion and the foreclosure thereof; or, if that relief be denied to plaintiffs, to recover $2,152.33.

After the former appeal reported in 140 Minn. 2-40, 167 N. W. 796, the ease was tried before Dickson, J., who made findings and as eonclusions of law found that Paust and Cooke were entitled to judgment; that, they had a valid claim against the Twin City Speedway Company for $9,994.05, and that the same be paid by the receiver of the company out of funds in his hands for the payment of debts.

Action in the district court for Hennepin county to recover a balance of $397.58.

Defendants were 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., who when the state rested granted the motion of defendant Donnay to dismiss as to him and denied the motion of the other defendants to dismiss as to them, and at the close of the testimony denied defendants’ motions to dismiss or to direct a verdict in their favor, and a jury which found defendants…

Action in the district court for Winona county to recover $542.53. The facts are stated in the opinion. The ease was tried before Callaghan, J., and a jury which returned a verdict for $256.70. From an order denying his motion for a new trial, Nie Meyer appealed.

Action in the district court for Hennepin county against defendant bank and its officers to recover $261,625 for the conversion of certain certificates of deposit. The case was tried before Dickson, J., who on the statements of counsel of what they expected to show and on the stipulation of facts and the complaint, dismissed the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $6,000 for injuries to plaintiff’s daughter caused by defendant’s dog. The case was tried before Haupt, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $800. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

After the former appeal reported in 142 Minn. 274, 171 N. W. 925, defendant made a second application to amend the judgment and decree entered in the action so that the payment of any alimony should cease as of August 31, 1915. From an order, Jelley, J., denying this motion, defendant appealed.

After the proceeding reported in 143 Minn. 494, 171 N. W. 922, and upon the relation of the Town Board of Dovray, the supreme court granted its writ of certiorari directed to Honorable L. S. Nelson, judge of the Thirteenth judicial district, to review an order of that court consolidating, extending and improving ditches Nos. 4 and 24.

Action in the district court for Hennepin county to recover $10,300 for personal injuries. The answer alleged that plaintiff, his employer the United States Gypsum Company, and defendant, prior to the accident, had elected to come under and were bound by the Workmen’s Compensation Act and thereby had surrendered all right to compensation other than as provided by part 2 of that act.

Defendant was indicted by the grand jury of Hennepin county, charged with the crime of arson in the third degree, tried in the district court for that county before Jelley, 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.

Defendant was indicted by the grand jury of Hennepin county charged with the crime of offering a bribe to a person about to be called as a witness, tried in the district court for that county before Hale, 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 St. Louis county against defendant railway company and four individual defendants to recover $25,000 for personal injuries.

Action in the district court for St. Louis county to recover $9,814.56, defendant’s share of the cost, of repaving a certain street. The case was tried before Dancer, J., who made findings and ordered judgment in favor of plaintiff for $320.65. From an order denying its motion to amend the findings, conclusions and order for judgment, plaintiff appealed.

Action in the district court for Morrison county to recover $1,300 for breach of contract. The facts are stated in the opinion. The ease was tried before Roeser, J., and a jury which returned a verdict for $250. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Swift county to recover $15,000 damages for personal injuries to plaintiff minor. The answer alleged negligence on the part of the minor. The case was tried before Daly, J¿, who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,500. From an order denying its motion for judgment' notwithstanding the Verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $2,350 for fraudulent representations in the exchange of certain real property. The separate answers interposed counterclaims. The case was tried before Fish, J., who at the close of the testimony granted defendants’ motion that the action be dismissed, as far as concerned plaintiff James H. Perkins, and denied defendants’ motion for directed verdicts in their favor, and a jury which returned a verdict for $800.

Action in the district court for Ramsey county to recover $1,000 upon defendant’s beneficiary certificate. The answer alleged that plaintiff was suspended from membership by reason of his failure to pay his assessments and dues for the months of May and July, 1917, before midnight on the last day of each month, and because his subsequent payment thereof was not made when he was in good health.

Action in the district court for Ramsey county. The facts are stated in the first paragraph of the opinion.

Action transferred to tbe district court for Crow Wing county to recover $20,605.95. The case was tried before MeClenahan, J., who when plaintiff rested denied the motion of defendant John Nuveen & Company to dismiss the case on the merits and at the close of the testimony motions of both parties for directed verdicts, and a jury which returned a verdict for $11,213.80.

Defendant appealed from the judgment of a justice court for $79.28 to the district coutí for Jackson county. The appeal was heard by Dean, 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 St. Louis county to recover $2,000 for breach of contract. The answer interposed a counterclaim for $2,500. The case was tried before Pesler, J'., who made findings and ordered judgment in favor of plaintiff for the amount demanded. Defendant’s motion for amended findings and conclusions of law was denied. Prom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Hennepin county charged with the crime of robbery in the first degree. Defendant withdrew his plea of not guilty of the crime of grand larceny in the first degree and in person pleaded guilty of the crime of grand larceny in the second degree. The case was tried in the district court before Eish, 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.

Upon the relation of Nancy D. Green, doing business as the Fey Hotel, and another, the supreme court granted its writ of certiorari directed to the district court for Ramsey county and Honorable Hugo O. Hanft, one of the judges thereof, to review proceedings in that court brought under the Workmen’s Compensation Act by the widow of Thomas Davis, employee, against relator employer and relator insurer.

After the former appeal reported in 141 Minn. 154, 169 N. W. 541, the motion of defendants Bosenwald and Andrews in the district court for Bine Earth county for judgment notwithstanding the verdict or for a new trial was denied, Comstock, J. From the judgment entered February 24, 1919, and from the order denying their'motion for judgment notwithstanding the verdict or for a new trial, defendants Bosenwald and Andrews appealed.

Action in the district court for Dodge county for a decree of court that plaintiff is the owner of certain real property. The substance of the. complaint and of the answer is given in the second and third paragraphs of the opinion respectively. Plaintiff’s demurrer to the third defense set up in the answer was sustained, as stated in the third paragraph of the opinion, Childress, J., who certified that the question presented by the demurrer was important and doubtful.

Action in the municipal court of Minneapolis to recover $25. The facts are stated in the opinion. The case was tried before Baldwin, J., who made findings and ordered judgment in favor of defendant. Plaintiff’s motion for amended findings and conclusions or for a new trial was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Ramsey county to cancel an agreement and four promissory notes and the assignment of a certain mortgage. The facts are given in the first paragraph of the opinion.

<p>Vacating judgment by default.</p> <p>An order opening a default judgment and permitting defendant to answer Jielcl not an abuse of discretion.</p>

Bemidji Townsite & Improvement Company moved to open a judgment entered in the district court for Beltrami county for the delinquent real estate taxes for the year 1912 as to specific lots, and for leave to file an answer in the tax proceedings. The application was heard by MeClenahan, J. From the order denying the motion, the townsite company appealed.

Action in the district court for Traverse county to restrain defendants from trespassing upon plaintiff’s properly or using their brick wall. From an order, Flaherty, J., granting a temporary injunction, defendant M. R. Mitton appealed.

Upon the relation of Walter Foss and his wife the supreme court granted its writ of certiorari directed to the Honorable L. S. Nelson, judge of the Thirteenth judicial district, to review proceedings in that court brought under the Workmen’s Compensation Act by George Tadens, employee, against relators, employers.

Hpon the relation of O. B. Carlson and others the district court for Ramsey county granted its alternative writ of mandamus directed to Frank E. Pearson, as superintendent of banks of the state of Minnesota, commanding him to deliver to relators the official certificate authorizing the Farmers State Bank of Paynesville to do business as a state bank. The respondent made return and the matter was tried before Michael, J., who made findings and quashed the writ.

Upon the relation of Charles Berquist the supreme court granted its writ of certiorari directed to the district court of Beltrami county and the Honorable B. F. Wright, one of the judges thereof, to review proceedings in that court brought under the Workmen’s Compensation -Act by relator, employee, against John W. Wilcox, employer.

Action in the district court for St. Louis county to recover-$838. From an order, Fesler, J., sustaining defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, plaintiff appealed.

Action in the district court for Hennepin county to recover $261.86 and foreclose a mechanic’s lien for the same. The ease was tried before Roekwood, J., who made findings and ordered judgment as stated in the first paragraph of the opinion. From an order denying their motion for a new trial, defendants Metzger, Adelsheim, Moses, and Lewis appealed.

Action in the district court for Marshall county to recover $1,289, or in lieu thereof that plaintiff have judgment for the return and cancelation of the notes described in the complaint and $639. The facts are stated in the opinion. The case was tried before Grindeland, 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 $1,289.

Action in the district court for St. Louis county to recover $15,000 for destruction of property by fire caused by the negligence of defendant. From an order, Fesler, L, granting plaintiff’s motion to strike out certain portions of the answer, defendant railway company appealed. ■

Action in the district court for Polk county to recover $315 upon a promissory note. The case was tried before Watts, J., who made findings and dismissed the action.. From an order denying its motion to amend the conclusions of law or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to restrain defendant from using taxicabs similar to plaintiff’s in color or finish and for an accounting. From an order, Bardwell, J., granting plaintiff a temporary-injunction, defendant appealed.

Hpon the relation of C. L. Hilton, Attorney General, the supreme court granted its writ of certiorari directed to the probate court of Ramsey county and the Honorable E. W. Bazille, judge thereof, to review the judgment of that court in an inheritance tax proceeding.

Action in tbe district court for Freeborn county for an accounting. Defendant demurred to the complaint on the grounds mentioned in the first paragraph of the opinion. From an order, Catherwood, J., sustaining the demurrer, plaintiff appealed.

Action in the district court for Ramsey county to recover $588.31 damages for breach of contract. The case was tried before Olin 33. Lewis, J., who at the close of the testimony denied defendant’s motions for a directed verdict and for its costs and disbursements, and a jury which returned a verdict for $1,277.07. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in ejectment in the district court for Becker county to recover possession of certain land. The ease was tried before Parsons, J., who made findings and dismissed the action. From the judgment dismissing the action, entered pursuant to the findings, plaintiffs appealed.

Action in the district court for St. Louis county to recover $7,500 for the death of plaintiff’s intestate. Erom an order, Eesler, J., striking out portions of its answer, defendant appealed.

Action transferred to the district court for Hennepin county to recover $350 on defendant’s accident insurance policy. The ease was tried before Dickinson, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that plaintiff had totally failed to make out a cause of action against it, and a jury which returned a verdict for $381.50.

Upon the relation of Winston-Dear Company the supreme court granted its writ of certiorari directed to the district court for St. Louis county and the Honorable William A. Cant, one of the judges thereof, to review the judgment in that court in proceedings brought under the Workmen’s Compensation Act by Kate Westman, widow of Carl G-. Westman, employee, against Winston-Dear Company, employer.

After the former appeal reported in 141 Minn. 323, 170 N. W. 201, the case was tried before Clin B. Lewis, J., who made findings and ordered a foreclosure sale of the premises to pay plaintiff the amount due him, but denied the application for appointment of a receiver,.as stated in the second paragraph of the opinion. From a subsequent order appointing Louis T. Lefebre receiver, C. H. Fagerstrom appealed.

Action in the district court for St. Louis county to recover $1,000 upon defendant’s benefit certificate. The case was tried before Fesler, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,103.50. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $2,000. The facts are stated at the beginning of the opinion. The ease was tried before Fish, J., who when plaintiff rested granted defendant’s motion for a directed verdict. From an order denying his motion to amend the complaint and his motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $5,000 paid for 200 shares of capital stock in defendant company. The case was tried before Cant, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony plaintiff’s motion for a directed verdict, and a jury which returned a verdict for $5,070.83.

Action in the .district' court for Ramsey county to recover $1,063.48, the value of a trunk and contents. The answer alleged that by the terms of the contract between plaintiff and defendant and in consideration of the rate charged plaintiff, it was specifically agreed that in the event of loss or damage to said trunk or contents defendant’s liability was limited to $100, and tendered judgment for $100.

Action in the district court for Polk county to recover damages for • breach of cropping contract. The answer interposed counterclaims amounting to $601. The case was tried before Watts, J., and a jury assessed the damages of plaintiff at $60.30 and assessed the damages of defendant upon his counterclaims at $45.29. The court made findings adopting these figures and ordered judgment in favor of plaintiff.

■ Upon the relation of T. E. Dybdal and others the supreme court granted its writ of certiorari directed to the State Securities Commission and others to review the order and proceedings of the commission denying the application of relators for a certificate authorizing them to operate a bank at Elbow Lake to be known as the Farmers Service State Bank.

Action in the district court for Ramsey county to recover $13,500 damages for wilful obstruction of a public ditch intended to drain plaintiff’s and others’ land. The answer alleged that the damages claimed for the years 1908 to 1913 were barred by the statute of limitations. The case was tried before Haupt, J., and a jury which returned a verdict for one dollar. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover as a tax two per cent of the premiums received by defendant during the calendar year 1916, under the provisions of E. L. 1905, § 1625, as amended by Laws 1907, c. 321, and Laws 1915, c. 184. From the order sustaining plaintiff’s demurrer to the answer, defendant appealed.

Action in the district court for Blue E'arth county to recover a balanee of $3,888 for the construction of Judicial Ditch No. 3. The answer alleged that the question of completion of the contract was theretofore adjudicated and pleaded the former proceeding as a har to the present action.

Action in the district court for Hennepin county to recover $15,000 for the death of plaintiff’s intestate while in defendant’s employ. The amended answer alleged that the death of decedent was the direct result of his negligence and that he fully appreciated the risks inherent in and attaching to his employment. The case was tried before Molyneaux, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $3,150.

Action in the district court for Ramsey county to recover $746.67, half the proceeds of fire insurance policies. The case was tried before Haupt, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $696.66. Defendant’s motion for judgment notwithstanding the verdicts or for a new. trial was granted. .From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to recover $900 upon defendant’s benefit certificate. The ease was tried before Leary, J., who denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,050.60. From an order granting defendant’s motion for a new trial exclusively for errors of law occurring at the trial, plaintiff appealed.

Tamazine M. Evans appealed to the district court from the decree of distribution of the probate court for Hennepin county, Dahl, J., assigning to her an undivided one-third of the real estate belonging to the estate of her husband, Owen J. Evans, and to the Minneapolis Trust Company, in trust for the uses and purposes set forth in his will, an undivided two-thirds thereof.

Action in the district court for Goodhue county to declare void two orders.of the Minimum Wage Commission and to restrain defendants from attempting to enforce them, either by criminal prosecution or by the institution of civil actions 'against plaintiff or others similarly situated. The McLeod Telephone Company and Stott & Son filed complaints in intervention. From an order, Johnson, J., granting plaintiff’s motion for a temporary injunction, defendants appealed.

Action in the district court for Blue Barth county to recover $20,350 for personal injuries. The case was tried before Comstock, J., who at the close of the testimony denied separate motions by defendants for a directed verdict, and a jury which returned separate verdicts in favor of defendants. From an' order substituting Elizabeth Wilson, administratrix, as plaintiff, and authorizing the substituted plaintiff to dismiss the cause, defendant Anderson appealed.

Action in the district court for Cottonwood county to recover $900 for breach of warranty. Defendant interposed two counterclaims. The case was tried before Nelson, J., who at the close of the testimony denied defendant’s motion to dismiss the action and a jury which returned a verdict for $48.86 in favor of defendant. Prom an order denying his motion for a new trial, plaintiff appealed.

Defendant was indicted by the grand jury of St. Louis county charged with the crime of rapg, tried in the district court for that county before Hughes, J., and a jury, and foundjjuilty of the crime charged in the indictment. Defendant’s motion for a new trial was denied, and judgment entered in accordance with the verdict and sentence. At the request of defendant the case was certified to the supreme court.

Action in the district court for Ramsey county to recover $2,500 for breach of contract. The case was tried before O. B. Lewis, J., who at the close of' the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,000 less $105.10. 'From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $7,500 for personal injuries. The answer alleged contributory negligence on the part of plaintiff.

Action in the district court for Blue Earth county to recover $25,000. The substance of the pleadings will be found at the beginning of the opinion. The case was tried before Comstock, L, when the proceedings narrated in the sixth paragraph of the opinion took place. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Cottonwood county to restrain defendants from continuing a nuisance and for $2,000 damages. The case was tried before Nelson, J., who made findings and dismissed the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the municipal court of- Minneapolis to recover $334 and interest. The case was tried before C. L. Smith, J., who made findings -and ordered judgment in favor of defendant. From an order denying his motion to amend the findings of fact and conclusions of law, or for a new trial, plaintiff appealed.

Defendant was indicted by tbe grand jury of Hennepin county, charged with the crime of keeping a house of ill-fame, tried in the district court for that county before Hale, J., and a jury, and found guilty as charged in the indictment. Defendant’s motion for a new trial was denied. From the judgment entered on the verdict, sentencing him to three years at hard labor in the state prison, defendant appealed.

Two actions in the district court for Blue Earth county to recover $10,000 and $3,300 respectively. The answers alleged contributory negligence on the part of plaintiffs. The cases were tried together before Comstock, J., who at the close of the testimony granted the motion of defendant mercantile company for a directed verdict in such case in its favor. From orders denying their motions for judgment notwithstanding the verdicts or for new trial, plaintiffs appealed.

Action in ejectment in the district court for Ramsey county. The case was tried 'before Dickson, J., who made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to recover $112 for merchandise sold and delivered. Defendant offered judgment for $80. The case was tried before Roeser, J., who made findings and ordered judgment in favor of plaintiff for $80, and in favor of defendant for costs subsequent to offer of judgment. -From an order denying its motion for a new trial, plaintiff appealed.

Controversy submitted to tbe district court for Ramsey county under section 7920, G-.

Action in the district court for Hennepin county for a decree requiring the attorney general to apply the sum of $6,902, or so much thereof as might be necessary, deposited with him by defendant company> toward the payment and discharge of the judgments against that company which are mentioned in the second paragraph of the opinion, and to apply so much of the sum deposited with him by plaintiff company as might be necessary to pay in full the balance due the state on its…

Action in the district court for Wilkin county to recover $6,000 for slander of title. The case was tried before Flaherty, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and at the close of the testimony denied plaintiff’s motion for a directed verdict and granted defendants’ motion for a directed verdict. From an order denying his motion to set aside the verdict and for a new trial, plaintiff appealed.

Action in the district court for Sibley county to recover $900.15 upon two promissory notes.' From an order, Tifft, J., granting the motion of defendant’s guardian ad litem to vacate a writ of attachment issued against the property of defendant, plaintiff appealed.

Action in the district court for Sibley county to set aside a deed on the ground that it was obtained through false and fraudulent representations. The case was tried before Tifft, J., who directed the jury to answer in the affirmative the question set out in the second paragraph of the opinion, made findings and ordered judgment in favor of defendant. From an order denying his motion to amend the findings or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,800, the value of certain shares of stock converted. The answer alleged that on August 30,1915, the stock was of no greater value than $1,050. The case was tried before Leary, J., who denied defendant’s motion for a directed verdict, and directed a verdict in favor of plaintiff for. the value of the stock on August 30, 1915, as found by the jury.

Appeal by relator from an order of the district court for Hennepin county, Hale, J., quashing its writ of certiorari to review proceedings in the probate court for that county wherein relator’s petition to extend the time to present claims against an estate, was denied, Dahl, J.

Action in the district court for Hennepin county to recover $2,000 upon defendant’s beneficiary certificate of insurance. The answer alleged that plaintiff was not entitled to recover because of false statements in decedent’s application. The case was tried before Waite, 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 plaintiff for the amount of the policy.

Action in the district court for Hennepin county to recover $875.34 and foreclose a mechanic’s lien for the same. The case was tried before Hale, J., who made findings and ordered judgment in favor of plaintiff for $1,013.44 and that the premises be sold to satisfy the lien. From an order denying their motion for a new trial, William Greenberg and others appealed.

Action in the district court for Ramsey county to recover $1,938.30 the cost of repaving a bridge over defendant’s tracks. The answer alleged that the repaving was done voluntarily and without authority, order, ordinance or resolution of the city council of the city of St. Paul. After the former appeal reported in 141 Minn. 428, 170 N. W. 512, the case was tried before Hanft, J., who made findings and ordered judgment for the amount demanded.

Upon the relation of Ed. Geller the district court for Roseau county granted its writ of habeas corpus directed to respondent as sheriff of that county. The matter was heard by the court commissioner, who sustained the writ and discharged the prisoner. From the order sustaining the writ and discharging the prisoner, respondent sheriff appealed. Affirmed.

After the former appeal reported in 141 Minn. 335, 170 N. W. 508, the ease was tried before Eesler, J., who made findings, ordered judgmeat in- favor of plaintiff, and decreed a lien upon the real estate to satisfy the claim of plaintiff and a sale of the property to satisfy the lien. Motions for amended findings were granted. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in ejectment in the district court for Chisago county, and to recover $25 for detention of .land, and $10 .for taking’down standing posts. Defendants’ demurrer to the amended complaint was sustained, Searles, J. From the order sustaining the demurrer, plaintiff appealed.

Action in the district court for Carver county to determine the interests of the parties in certain real estate; for a partition and sale of the same; for a dissolution of the relation in the nature of a partnership existing between the parties in the conduct of their farming enterprise, and for an accounting and a distribution of personal property or a sale of tbe same and a distribution of tbe proceeds thereof.

Action in the district court for Hennepin county to restrain defendant' boiler inspectors from sealing a boiler in a certain apartment house for nonpayment of inspection charges. Defendants’ demurrer to the complaint was sustained, Jelley, J., and an application for a temporary injunction was denied. From the order sustaining the demurrer, plaintiff appealed.

Upon the relation of Claude O. Curry, the district court for Ramsey county granted its writ of habeas corpus, directed to the sheriff of that county. The sheriff made return that relator was under arrest as a fugitive from justice from the state of Ohio and detained because the Governor of Ohio had made requisition upon the Governor of Minnesota for his return to Ohio. The matter was heard before Nelly, J., who made findings and quashed the writ.

Action in the district court for Hennepin county against defendant city and its officers -to restrain the construction of a certain bridge.

Hpon the relation of William E. Machgan the district court for Le Sueur county granted its writ of habeas corpus directed to John Pelowsld and Veronica Pelowski commanding them to release his .child, Ethel Machgan, and surrender her to relator. The matter was heard by Tifft, J., who awarded the custody of the child to relator. Erom that order, John Pelowski and Veronica Pelowski appealed.

Action in the district court for Hennepin county to restrain defendant from interfering with and annoying plaintiff in the lawful enjoyment of Ms business and private affairs. Defendant’s demurrer to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action was sustained, Molyneaux, J. From the order sustaining the demurrer, plaintiff appealed. Affirmed.

Action in tbe district court for Ramsey county to recover $2,050 for services as brokers in exchange of real estate. The case was tried before Dickson, J., who at the close of the testimony granted defendant’s motion to dismiss the action as to defendants Hackney Land Credit Company and W. L.,Hackney, and a jury which returned a verdict for $2,-112.21. From an order denying his motion for a new trial, L. S. Hackney appealed.

Action in the district court for Hennepin county to determine the interest in certain real property of the parties contributing toward redemption from a sale on mortgage foreclosure; for the appointment of a receiver to protect and manage it, or make sale of it.

After the former appeal, reported in 142 Minn. 99, 170 N. W. 917, the ease was tried before Converse, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict in favor of defendant. . From an order denying her motion for a new trial, plaintiff appealed.

After tbe former appeal reported in 137 Minn. 227, 163 N. ~W. 295, defendant’s motion to fix and determine the amount of fees respondent Edison was entitled to retain ont of the money then in his hands belonging to defendant, was heard by Childress, J., and a jury which answered $600 to the question: “How much is the reasonable value of the services rendered by the respondent, H. J. Edison, for the defendant, Frank Klampe, in the divorce proceedings between said Frank Klampe…

Action in the district court for Blue Earth county to cancel certain contracts and to recover $3,675. The answer admitted the purchase by plaintiff of 50 shares of the seven per cent cumulative preferred stock of defendant; the payment therefor in notes of plaintiff; the pledge of the stock as security for the payment of the notes and the payment of the notes so given in the sum of $3,500.

Upon the application of an executor of tbe estate of Samuel Thorne, to the attorney general, for a determination of the amount of the inheritance tax claimed to be due on account of the transfer of the shares of Great Northern Iron Ore Properties Trustees’ Certificates of Beneficial Interest, owned by the decedent, it was determined that at the time of the death of decedent, certain persons named in decedent’s last will would receive out of said property legacies exceeding…

Action in the district court for Big Stone county to recover a balance of $500 upon the sale of an engine. The case was tried before Flaherty, J., who made findings and as conclusions of law ordered judgment in favor of plaintiff for $597.50. From the judgment entered pursuant to the order for judgment and from an order denying their motion to set aside the judgment and for a new trial, defendants appealed.

In an action brought by George Gaulke in the district court for McLeod county to recover a commission for securing a purchaser for a farm, Kobert Podratz filed a complaint in intervention, demanding that plaintiff’s action be dismissed and that intervener recover $1,278.12 from defendants Nemitz. The facts are stated in the opinion.

Action in the district court for Martin county to recover $500 for services in obtaining a purchaser for certain real estate.

Action in the district court for Marshall county to recover $1,500 damages for destruction of plaintiff’s buildings by fire. The case was tried before Grindeland, 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 Hennepin county to cancel plaintiff’s note of $1,350 and to recover $4,135. The answer set up a counterclaim for $1,444.83. The case was tried before Steele, J., who made findings, ordered judgment in favor of plaintiffs for $4,139.93 and the surrender and cancelation of the note for $1,350. From an order denying its motion for additional findings or for an order amending the findings and order for judgment or a new trial, defendant appealed.

Action in the district court for Hennepin county against Adolph Wurtz, Independent School District No. 1, Lincoln County, First National Bank of Lake Benton, and the holders of claims of laborers and materialmen, that to the extent of $1,821.18 plaintiff be subrogated to the rights of claimants in the funds in the hands of defendant school district and defendant bank; that the bank be required to refund to School District No. 1 the sum of $4,735.22; that the court decree…

T^poRÍE^relafíbR of Johnson Hardware Company and Loudon Guarantee and Accident Company, Limited, the supreme court granted its writ of certiorari, directed to the district court for Carver county and the Honorable C. M. Tifft, judge thereof, to review proceedings in the district court under the Workmen’s Compensation Act brought by the widow of Henry J. Hoernemann, deceased, employee, against the Johnson Hardware Company, employer, and its insurer.

Action in the district court for Hennepin county by the state upon the relation of Clifford L. Hilton, Attorney General, to dissolve defendant corporation. The facts are stated in the opinion. From an order, Molyneaux, J., discharging an order to show cause and setting aside the attempted service of the summons in said action, Le Eoy Sargent & Company, Inc. appealed.

Action in the district court for Hennepin county to recover $5,000 for malicious prosecution of a civil action. At the trial defendants’ separate motions for judgment on the pleadings were granted, Eish, J. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $115,000. The facts are stated in the opinion.

From the canvass of votes cast for county auditor in the county of Dakota at the general election on November 5, 1918, at which it was certified that 2,440 votes had been cast for contestant and 2457 for contestee, Peter Hoffman appealed to the district court for that county. The appeal was heard before Bockwood, J., who made findings and dismissed the appeal and contest. From the judgment entered pursuant to the order for judgment, contestant appealed.

Action in the district court for Le Sueur county to recover $30,000 for assault.

Action in the district court for Hennepin county to recover $4,000 damages for the reasons mentioned in the first paragraph of the opinion.

Action in the district court for Hennepin county to recover $223.97. The case was tried before Steele, J., who, when plaintiff rested on the pleadings, denied defendant’s motion to dismiss the action and at the close of the testimony its motion for a directed verdict and granted plaintiff’s motion for a directed verdict for $227.43, From an. order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $249.07. The case was tried before Steele, J., who, when plaintiff rested on the pleadings, denied defendant’s motion to dismiss the action and at the close of the testimony its motion for a directed verdict, and granted plaintiff’s motion for a directed verdict for $252.81. From, an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Martin county to recover $700. The answer alleged negligence on the part of the driver of the wrecked car. The case was tried before Dean, 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 Hennepin county for judgment directing defendant James G. Houghton, as inspector of buildings, to cancel a pretended permit, issued to defendant Hokenson, to construct a certain three-story brick apartment building and for a temporary injunction restraining Hokenson and others acting under him from erecting the building. Prom an order, Bardwell, J., granting a temporary injunction and from the writ of injunction, defendant Hokenson appealed.

Action in the district court for Hennepin county to foreclose a mechanic’s lien. The case was tried before Molyneaux, J., who made findings and ordered judgment in favor of Gust Lundgren, a lien holder, and dismissed the actions as to defendants Doer and Aasen. From the judgment entered insofar as Gust Lundgren was awarded a personal judgment for $157.97 against defendant Ahl, defendant Minnie Slonczynski appealed.

Action in the district court for St. Louis county to recover $165 upon five promissory notes. The case was tried before Fesler, J., who granted plaintiff’s motion for a directed verdict. Defendant’s motion to amend the answer was denied. From an order denying his motion for a new trial, defendant appealed. Affirmed.

Upon the relation of Northwestern Consolidated Milling Company, employer, and Travelers Insurance Company, insurer, the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable Joseph W. Molyneaux, judge thereof, to review proceedings in that court brought under the Workmen’s Compensation Act by Charles Clarkson, employee, against said employer and said insurer.

Action in the district court for Crow Wing county to recover $7,500 for malpractice in causing the death of plaintiff’s intestate. The answer denied negligence on defendant’s part, and alleged that intestate died from natural causes. Defendant’s motion for judgment on the pleadings was denied.

Two actions in the district court for Hennepin county, one to recover $15,000 for injuries to plaintiff’s minor son and the other to recover $3,850 for expenses incurred. The cases were tried together before Bardwell, J., and a jury which returned verdicts for $11,500 and $2,225.15, respectively. From orders denying his motions for new trials, defendant appealed.

Action in the district court for Meeker county to recover $141.05 paid to defendant as instalments of a certain ditch assessment and to vacate the unpaid assessments. The case was tried before Qvale, J., who made findings and dismissed the action. From an order denying his motion for a new trial,, plaintiff appealed.

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

Action in the district court for Pine county to recover a balance of $398.45. The answer alleged that there was due and owing plaintiff the sum of $252. The case was tried before Searles, J., and a jury which returned a verdict for $416.38. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the verdict, defendant appealed.

Action for divorce in the district court for Carver county. Plaintiff moved for an order directing defendant to pay her or her attorneys $'56 for fees of officers and witnesses, $500 for fees of her attorneys and $106 per month for support of plaintiff and her youngest child.