Volume 146 — Minnesota Reports

Action in the district court for Mower county to recover $100, the value of a vulcanizing outfit delivered to defendant.

Action in the district court for Hennepin county to Tecover $604.20/ Defendant demurred to the complaint on the ground that the facts stated did not constitute a cause of action. The demurrer was overruled, Molyneaux, J. From an order granting the motion of defendant to release the funds and money in the hands of the garnishee, and discharging the garnishee from liability as such garnishee, plaintiff appealed.

The probate court for Carver county admitted to probate the last will and testament of J. H. Meuwissen, deceased. From the final decree of distribution thereunder, William Meuwissen appealed to the district court for the county. The appeal was heard by Tiíft, J., who affirmed the order of the probate court. From an order denying his motion for a new trial, William Meuwissen appealed.

Action in the district court for Rock .county to recover $2,000 upon a promissory note. The case was tried before Nelson, J., who at the close of the testimony granted plaintiffs motion for a directed verdict against Sigrid Tvedt. From an order denying her motion for a new trial, defendant appealed.

Actions in the district court for Hennepin county by John F. and Eunice Greenfield to recover $3,000 and $10,000, respectively, for personal injuries. The answers alleged that the injuries were due to the negligence of Eunice Greenfield. The cases were tried before Fish, J., and a jury which awarded plaintiff wife one dollar and plaintiff husband one cent. From orders denying their motions for new trials, plaintiffs appealed.

Action in the district court for Carver county to recover $5,000 for slander. The case was tried before Tifft, J., who when plaintiff rested denied defendant’s motion to dismiss the action upon the grounds that the complaint did not state facts, and the evidence did not establish facts, sufficient to constitute a cause of action, and at the close of the testimony denied motions by both parties for directed verdicts, and a jury which returned a verdict for defendant.

Action in the district court for Crow Wing county to recover $10,000 for malpractice. The case was tried before McClenahan, J., who.denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $4,750. From an order denying his motion for judgment notwithstanding the verdict and granting his motion for a new trial solely upon error occurring at the trial, defendant appealed. Affirmed.

Action for conversion in the dictrict court for St. Louis county and to recover $950, the value of the property converted. The case was tried before Cant, J., who denied defendant’s motion to direct a verdict in its favor, and a jury which returned a verdict for $918. From an order denying its motion for judgment notwithstanding the verdict and denying its motion for a new trial in case plaintiff consented to a reduction of the verdict to $700, defendant appealed. ■

Defendant was indicted by the grand jury, tried in the district court for Blue Earth county before Comstock, J., who when the state rested denied defendant’s motion to dismiss the proceeding and at the close of the testimony defendant’s motion to direct a verdict of not guilty, and a jury, and convicted of the crime of incest. From the judgment sentencing him to hard labor for a term not exceeding, ten years at the St. Cloud Reformatory, he appealed.

Gunde Shopman made application in the juvenile court for Hennepin county for a county allowance on account of Theodore, Carl and Doloris Shopman, as dependent children. The matter was heard before Waite, J., who directed the county treasurer to pay to Gunde Shopman the snm of $26 per month on account of the children beginning November 1, 1919, until the children respectively attained the age of 16 years or the further order of the court.

Action in the district court for Aitkin county to recover $3,020.37 for one month’s hire of six teams of horses and mules, freight on return shipment of horses, and injury to the teams caused by defendants’ ill use of them. Defendants interposed a counterclaim for $3,793.61. The case was tried before Stanton, J., and a jury which returned a verdict in favor of defendants.

Action in the district court for Ramsey county to recover $18,015 damages for breach of a contract. The case was tried before Haupt, j., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict in favor of defendant. Plaintiff’s alternative motion for judgment notwithstanding the verdict or for a new trial was denied. From the order denying its motion for .a new trial, plaintiff appealed.

Action for divorce in the district court for Koochiching county. In her answer defendant prayed that she be granted an absolute divorce from plaintiff on the ground of cruel and inhuman treatment and be allowed attorney fees, court expenses and alimony. The case was tried before Wright, J., who made findings and ordered judgment in favor of plaintiff and that he pay $700 to defendant as alimony. Prom an order .denying her motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Washington county charged with the crime of selling securities without a license. Defendant interposed a demurrer to the indictment upon the grounds that it 'charged defendant with more than one offense and that the facts alleged did not constitute a public offense.

Upon the relation of Lizzie Kile the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable J. W. Molyneaux, judge thereof, to review the proceedings in that court in an action brought under the Workmen’s Compensation Act by the parents of Oscar F. Kile, employee, against the Koyal Indemnity Company.

Action in the district court for Steams county for specific performance of an oral agreement to convey certain land. The case was tried before 'Roeser, J., who made findings and ordered plaintiff to make a proper release of the mortgage and defendants to deliver to plaintiff a deed of conveyance of the 120 acres. Defendants’ motion for amended findings and conclusions was denied. From an order denying their motion for a new trial, defendants appealed.

•Action in the district court for Otter Tail county for an accounting. The facts are stated in the opinion. The ease was tried before Roeser, J., who made findings and ordered judgment in favor of defendants. Plaintiff’s motion for amended findings was denied. From an order denying his motion for a new trial, plaintiff appealed.

Vernon C. Pidgeon, secretary of the state board of l'aw examiners, petitioned the supreme court for the disbarment of Francis C. Cary, because of his unprofessional conduct as an attorney at law. The facts are stated in the opinion.

The Koochiching Realty Company made application to the district court for Koochiching county to open the tax judgment for 1914 taxes upon certain real estate and for leave to answer. The motion was granted, McClenahan, J., and the company alleged in its answer that the assessement was unfair and unequal and exceeded the true value thereof. The company also objected to the assessments for the years 1915, 1916 and 1917, the taxes for which had become delinquent.

Action in the district court for Hennepin county to sequestrate the property of defendant corporation and for the appointment of a receiver. Subsequently George S. Grimes was appointed receiver, and obtained an order of court directing him as receiver to convey certain real property by quitclaim deed to Landers-Morrison-Christenson Company.

Action in ejectment in the district court for Hennepin county, and to recover $500 damages for withholding possession of the property and $1,000 for use and occupation thereof. The answer interposed a counterclaim for $1,000. The case was tried before Bardwell, J., who at the close of the testimony granted plaintiff’s motion for a directed verdict. From, an order denying her motion for a new trial, defendant appealed.

In the district court for Wilkin county plaintiff obtained a writ of attachment upon the affidavit mentioned at the beginning of the opinion. Defendant 'appearing specially moved to vacate the writ and the levies made 'thereunder, and his motion was granted, Flaherty, J. From the order vacating the writ and the levy thereunder, plaintiff appealed.

Action in the district court for St. Louis county to recover $1,162.30 for material and labor furnished in repairing a certain store building. The answer alleged defects in the reconstruction work. The ease was tried before Freeman, J., and a jury which returned a verdict for the amount demanded. From an order denying her motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

From tbe decision of the county board of Cook county allowing a claim of F. B. Myers amounting to $5,000, certain taxpayers and the county attorney appealed to the district court for that county. The plaintiff bank, as assignee of Myers, filed its complaint against the county. The 'answer set up that' the alleged contract between the county and Myers was nulí and void and was not a legal charge against the county.

Action in claim and delivery in -the district court for Carlton county to recover possession of a quantity of -lumber or $1,000 in ease a return cannot be had. The defendant interposed a counterclaim for $88.40. The case was tried before Cant, J., who at the close of the testimony denied defendant’s motion to dismiss the action and its motion for a directed verdict, and a jury which returned a verdict for $775.43.

Action in the municipal court of Mankato to recover $240 for breach of warranty in the sale of seed corn. The answer admitted the purchase of -the seed corn by plaintiff at $10 per bushel and alleged that plaintiff failed to properly prepare his ground and care for the corn and that, if there was more than the ordinary failure of his corn, it was due thereto and not by reason of any defect in the com.

Action in the district court for Brown county to restrain defendant from maintaining a certain tile drain and permitting water to flow through the same upon plaintiff’s land. Among other matters the answer alleged that defendant used all reasonable means in laying and constructing the drain so as not to unnecessarily injure plaintiff’s land and that as a matter of fact it would not injure the land.

Action in the district court for St. Louis county to recover $11,015 for injuries received in collision between plaintiffs automobile and defendant’s street car. The answer alleged negligence on plaintiffs part. The case was tried before Cant, 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, defendant appealed.

Defendants were arrested upon a complaint charging them with violating the city ordinance mentioned in the first sentence of the opinion. In lieu of the taking of testimony in the muncipal court of St. Paul the facts were stipulated by the parties. The court, Finehout, J., found the ordinance valid and the defendants guilty as charged in the complaint. From the judgment of conviction, defendants appealed.

Action in the district court for Dodge county to 'recover $1,067.76, salary as judge of probate for that county from March 1, 1918, until January 6, 1919. The case was tried before Childress, J., who made findings and ordered judgment in favor of plaintiff for $130.23, being salary for the month of December, 1918, and the first six days of January, 1919. From the judgment entered pursuant to the order for judgment, plaintiff' appealed.

Two actions in the district court for Fillmore county, one to recover $300 for wrecking and removing a wood shed and the other to recover $250 for cutting down shade trees. The eases were tried together before Catherwood, J., who made findings and ordered judgment in favor of plaintiff for $100 and $90, respectively: From an order denying their motion in each case for a new trial, defendants appealed.

Defendant was indicted by the grand jury of Hennepin county, charged with the crime of manufacturing intoxicating liquor, tried in the district court for that county before Jelley, J., and a jury, and found guilty as charged in the indictment. Defendant’s motion for a new trial was denied.

Upon the relation of Victor Nordstrom the district court for Hen-nepin county granted its writ of habeas corpus directed to the superintendent of the workhouse of the city of Minneapolis. The matter was heard before Leary, J., who discharged the writ. From the order discharging the writ, relator appealed.

Action in the district court for Hennepin county to recover $5,150.46 for services rendered in the organization of defendant bank. The facts are stated in the opinion. From an order, Jelley, J., granting defendant’s motion to strike out the first three paragraphs of the reply on the ground that the same were sham, irrelevant and frivolous, and granting judgment in favor of defendant on the first cause of action, plaintiff appealed.

Action in the district court for Hennepin county to recover $12,000. The case was tried before Dickinson, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $3,550. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Upon the relation of Charles Wade on behalf of William Watson,, the district court for Washington county granted its writ of habeascorpus directed to C. S. Reed, Warden of the Penitentiary at Stillwater. From the order of the court, Searles, J., discharging the writ because the' prisoner was legally detained in the custody of the respondent, relator appealed.

Upon the relation of the county of Jackson, James W. Foster and Margaret Thompson, respectively, the supreme court granted its writs of certiorari directed to the district court of the Thirteenth judicial district for Nobles county, the Honorable L. S. Nelson, judge thereof, and J. P. Martin, clerk, to review the proceedings in that court as to the drainage of Round lake.

Action in the district court for Ramsey county to foreclose a mechanic’s lien. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded, and for a sale of the premises for the satisfaction of the judgment. From an order denying their motion to amend the findings and conclusions or for a new trial, defendants appealed.

Action in the district count for Hennepin county to determine adverse claims to certain vacant and unoccupied property. The amended answer of Alonzo D. Meeds alleged that whatever claim of title plaintiff had was procured by false and fraudulent representations.

Action in the district court for Blue Earth county in behalf of all the creditors of Culver Mining Company, Limited, to recover from the stockholders in that corporation the amounts unpaid upon their respective stock subscriptions. The second paragraph of the opinion refers to the allegations in the answers. Plaintiff’s motion to strike out certain allegations of the answers as sham and for judgment upon the pleadings, was denied.

Action in the district court for Hennepin county to recover $935 for damages for removing earth and trees from plaintiffs property. The answer alleged that whatever work was done or excavation made in the road where it abutted upon plaintiffs property was for the purpose of improving the highway and not otherwise; that it was necessary for the repair and maintenance of the highway and the accommodation of travel thereon.

Action in the district court for Martin county to recover for necessaries furnished defendant’s wife. The answer alleged that his wife was granted a divorce from defendant and he required to pay. permanent alimony in the sum of $2,000 and $50 attorney’s fees, and that by payment thereof to the attorney of his wife defendant was absolved from all liability to support, maintain -and provide for his wife and minor children.

The state commissioner of insurance having revoked the license of Frank Edwards to solicit insurance in the state of Minnesota, he appealed to the district court for Hennepin county, where the order of the commissioner was affirmed by Steele, J. To review the judgment affirming the order of the commissioner of insurance, he obtained a writ of certiorari from the supreme court.

Action in tbe district court for Marshall county to restrain defendants from proceeding with the performance of certain contracts to improve streets in defendant city; from levying an assessment in payment therefor upon the abutting property or upon the general property subject to taxation in the city; and from issuing certificates of indebtedness or other obligations of the city in payment for the improvement.

Defendant was indicted by the grand jury of Hennepin county,charged with the crime of larceny in the first degree, tried in the district court for that county before Jelley, J., and a jury, found guilty of the crime charged in the indictment, -and sentenced to the state prison. From an order denying Ms application to withdraw his plea of guilty of grand larceny in the second degree, defendant appealed.

Defendant was indicted by the grand jury of Hennepin county, ■ charged with the crime of grand larceny in the first degree, tried in the district court for that county before 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 grand larceny in the first 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.

Action in tbe district court fox Ramsey county to recover $31,500 for injuries to person and property received in collision with one of defendant’s delivery trucks. Tlie answer denied that defendant’s automobile was negligently and recklessly operated by its servant, and alleged negligence on the part of plaintiff in driving his car.

Action, in the district court for Cook county to determine adverse claims to certain, vacant and unoccupied land. The case was tried before Freeman, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

<p>Action in the district court for Nicollet county to recover $135. The case was tried before Clague, J., and a jury which returned a verdict for $142.95. From an order denying his motion for a new trial, defendant appealed.</p>

Action in the district court for Waseca county to recover $2,900. The substance of the complaint is stated in the paragraphs at the beginning of the opinion. Defendants’ separate demurrers to the complaint were overruled, Childress, J., and the question presented by the demurrers certified to the supreme court as important and doubtful. From the orders overruling the demurrers, Childress, J., defendants took separate appeals.

Action, in the district court for'Itasca county to recover possession of certain property. The case was tried before Stanton, 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 granting plaintiff’s motion for judgment notwithstanding the verdict and denying a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $1,650 upon defendant’s policy of insurance. The defenses are set out in the second paragraph of the opinion. The case was tried before Hughes, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which assessed plaintiff’s damages at $1,500.

<p>Judgment in personam.</p> <p>1. A court must acquire jurisdiction over the person of a defendant before it can render a judgment in personam against him.</p> <p>Same —by foreign court.</p> <p>2. While a foreign court of general jurisdiction which .renders a judgment in personam is generally presumed to have had jurisdiction of the subject matter and of the parties, unless want of jurisdiction is disclosed by the record, there are several exceptions to this rule.</p> <p>No presumption of jurisdiction, when.</p> <p>3. If the defendant was beyond the jurisdiction of the court and did not voluntarily appear therein, there is no presumption of jurisdiction over him, and the party asserting the judgment must prove the existence of the facts necessary to establish such jurisdiction.</p> <p>No presumption in favor of judgment based on statute.</p> <p>4. If authority to render the judgment rests on a statute and the proceedings are not according to the course of the common law, nothing is presumed in favor of the judgment, and the record must show the existence of all the facts necessary to authorize the court to render it.</p> <p>Comity — foreign judgment.</p> <p>5. Foreign judgments will he given no greater effect here than the foreign country gives to like judgments of our courts.</p> <p>Judgment based on proxy for use at shareholders’ meeting.</p> <p>6. Giving a proxy to vote at a shareholders’ meeting against having the corporation appeal from a winding-up order made by a foreign court, does not authorize such court to render a personal judgment against the shareholder, although the meeting was called by order of the court.</p> <p>Corporation — counsel unauthorized to make personal appearance for absent shareholders.</p> <p>7. An order appointing counsel to appear for and represent the shareholders in a Manitoba corporation, made by a Manitoba court pursuant to a provision of the Manitoba winding-up act, could not authorize "such counsel to make a personal appearance in that court for a shareholder over whom the Gourt had no jurisdiction.</p> <p>Same —- court lacked jurisdiction to enter personal judgment against shareholder.</p> <p>8. The existence of a foreign law is a fact to be proven, and, as plaintiff has failed to prove any law of Manitoba making membership as a shareholder in a corporation, operate as a consent that service on the corporation shall give jurisdiction to render a personal judgment against the shareholder, and as no other service was made on defendant in Manitoba and defendant did not appear in the Manitoba court, that court had no jurisdiction to render a personal judgment against him.</p>

Fritz O. Trank, a nephew and creditor of decedent, petitioned the probate court for Wabasha county to appoint E. L. Sylvester as administrator of the estate of Lars Person, deceased. As representative of the Kingdom of Sweden, the Swedish consul in the district of Minnesota, C. E. Wallerstedt, filed objections to the appointment of Sylvester, and a petition for the appointment of himself as administrator. After hearing the petitions, the court, McLeod, J., appointed Fritz 0.

Action in the district court for Houston county against Pat Joyce and Alfred Rasmussen, doing business as Joyce .& Rasmussen, to recover $669.29 for medical services rendered Levi Boltz at the request of defendants. In their answer defendants offered judgment in the sum of $100. The case was tried \bef ore Catherwood, J., who when plaintiff rested denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $325.

Action in the district court for Ramsey county, to recover $12,500 for injuries received from one of defendant’s automobile trucks. The answer alleged plaintiff’s contributory negligence. The case was tried before Hanft, J., who when plaintiff rested denied defendants’ motion to dismiss the action and at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $4,500.

Action in the district court for Watonwan county to recover $13,034.23, paid by plaintiff upon its insurance policies for loss of buildings and their contents from fire caused by the wilful negligence of defendants. The substance of the answer is stated in the third paragraph of the opinion.

Action in tbe district court for Ramsey county to recover $i,910.25 for breach of contract. Defendant appeared specially for the sole purpose of objecting to the jurisdiction of the court and moved to vacate the attempted' service of the summons upon defendant. From the order, Hanft, J., denying its motion, defendant appealed.

The Railroad and Warehouse Commission upon its own motion made an order requiring the Tri-State Telephone & Telegraph Company to show cause why the commission should not modify its rates, tolls, charges and regulations.

Action in the district court for Hennepin county to recover $160.88. and to foreclose a mechanic’s lien for the same. The case was tried before Bardwell, J., who made findings and ordered judgment in favor of plaintiff for $2.84 and costs, and for a sale of the premises to satisfy the judgment. Plaintiff’s motion to amend the findings and conclusions was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for St. Louis county to recover $1,800 on an insurance policy. Defendant’s demurrer to the complaint on the ground that the facts stated did not constitute a cause of action was overruled. The case was tried before Fesler, J., who when plaintiff rested denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,872. Defendant’s motion for judgment notwithstanding the verdict or for a new trial, was denied.

Action in the municipal court of Waseca to recover $182.10 for losses caused by delay in transportation of live stock. From a judgment entered in favor of plaintiff, defendant appealed to the district court for that county where the appeal was heard by Childress, J., who when defendants rested denied their motion for a directed verdict, and a jury which returned a verdict for the amount demanded.

Action in the district court lor Hennepin county to enjoin the foreclosure of a real estate mortgage. The case was tried before Dickinson, J., who made findings and ordered judgment in fayor of defendants. From an order denying his motion for further and amended findings and from an otder denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $30,000 for injuries received by Theodore E. Hughes, a minor. The answer alleged negligence on the part of the, minor. The' case was tried before Leary, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $1,000. Defendant’s motion for judgment notwithstanding the verdict was granted. Plaintiffs motion for a new trial was denied.

Two actions in the district court for St. Louis county, one to recover $10,000 for injuries to plaintiff’s minor son and the other to recover $1,000 for medical care and loss of the minor’s services. The oases were tried together before Cant, J., and a jury which returned verdicts in favor of defendants. From orders denying plaintiff’s motions for a new trial, he appealed.

Action in the district court for Ramsey county to recover $4,995 tor breach of contract. The amended answer interposed a counterlaim for $10,000. The case was tried before Michael, 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 directed a verdict in favor of plaintiff for $2,975. From an order denying his motion for a new trial, defendant appealed.

Upon the relation of Albert Lea Packing Company, Incorporated, the supreme court granted its writ of certiorari directed to the district court of Freeborn county and the Honorable S. D. Catherwood, judge thereof, to review proceedings in that court brought under the Workmen’s Compensation Act by Frank C. Dudley, employee, against relator, employer.

Action in the district court for Ramsey county by a judgment creditor of defendant corporation for the appointment of a receiver to convert the assets of the company into cash and apply the same to expenses of the receiver and his attorney and the claims of creditors. From an order, Michael, J., granting plaintiff’s motion for judgment on the pleadings and appointing a receiver, defendant corporation appealed.

Action in the district court for Eice county for the specific performance of a contract made by decedent. From an order, Childress, J., overruling defendants’ demurrer to the complaint, John Street, special administrator of the estate of Irene B. C. Wilcox, deceased, and John F. Wyman appealed.

Two actions in the district court for Washington county, one by Sarah M. Peterson to recover $10,000 and the other by August Peterson, her husband, to recover $2,500 for injuries sustained by Sarah in collision with defendant’s street car. The cases were tried together before Searles, J., who when 'plaintiffs rested denied defendant’s motion to dismiss the actions, and a jury which returned verdicts in favor of defendant.

Action in the district court for Jackson county. The National Clay Works of Mason City, Iowa, filed its complaint in intervention to recover $8,198.33 against defendant and against the county of Jackson and the auditor thereof the sum of $4,186.82. The case was tried before Dean, J., who made findings and as conclusions of law found that Jackson county and its auditor were liable as garnishees to plaintiff in the sum of $1,676.74 with interest.

Action in the district court for St. Louis county to restrain defendants from issuing bonds for the erection .of a public building.

Upon the relation of Clifford L. Hilton, Attorney General, the supreme court granted its writ of quo warranto directed to the village of Kinney and its officers and trustees to determine the legality of the annexation of certain territory to that village.

Action in the district court for Hennepin county to recover $11,500 and interest. Certain of the defendants who interposed a joint answer moved for judgment upon the pleadings on the ground, among others, that the facts stated in the complaint did not constitute a cause of action. The motion was granted, Hale, J. From the order granting the motion, plaintiff appealed.

Action in the district court for Hennepin county to recover $5,000 for injury to 'health caused by deficient heating of rented premises. The case .was tried before Waite, 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 $500. From an order denying its motion for judgment notwithstanding the, verdict or for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Blue Earth county charged with the crime of carnal knowledge of a female child under 18 years of age, 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 the judgment entered pursuant to the .verdict, defendant appealed.

Action in the district court for Ramsey county to recover $25,000 for injuries received through alleged carelessness of defendant in driving his automobile over a cross walk. Tlie case was tried before Hanft, J., who when plaintiff rested denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $5,500. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Marshall county to recover $1,480 for services as broker in the sale of defendant’s farm. The case was tried before Grindeland, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,517.49. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in t-he district court for Benton county to recover $1,728 as broker’s commission. The case was tried before Hale, 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 ver-diet, and a jury which returned a verdict for $930. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county by the American Surety Company of New- York for a decree adjudging plaintiff’s claim against the Marine Mills State Bank to be a preferred claim. From the order, Brill, J., sustaining defendants’ demurrer to the complaint, plaintiff appealed.

Action in the district court for Ramsey county to recover $5,200. The answer alleged contributory negligence. The case was tried before Olin 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 $1,300. Defendant’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the order for judg ment, defendant appealed.

Action in the district court for Ramsey county to recover $7,465 for the death of plaintiff’s testate while in the employ of defendant company. The case was tried before Michael, 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 tbe municipal court of Waseca to recover $499 for the loss of an eye. Tbe substance of tbe complaint will be found at the beginning of the opinion. Defendant demurred to the complaint on tbe grounds that it did not state facts sufficient to constitute a cause of action; that the action was brought more than a year after the injury; that the court had no jurisdiction of defendant’s person or of the subject matter of the action.

Action in tiie district court for Lyon county to recover $1,000 upon a promissory note. The defense is stated in the third paragraph of the opinion. The case was tried before Clague, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict for defendants. Plaintiff’s motion for judgment notwithstanding the verdict was granted and his motion for a new trial was denied.

Action in tbe district court for Ramsey county to recover $50,000 for the death of plaintiff’s intestate while in the employ of defendant company.

Action in the district court for Hennepin county to annul a pretended sale and transfer of stock of a plaintiff corporation and to assign the stock to plaintiffs upon payment therefor. The case was tried before Steele, J., who made findings and directed judgment in favor of plaintiffs. From an order denying their motion for a new trial, defendants appealed.

William Friedman, indicted with others by the grand jury of Ramsey county charged with the crime of swindling, was tried separately in the district court for that county before Hanft, 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.

Two actions in the district court for Kittson county, one to recover $6,912 for the conversion of grain, and the other in ejectment to recover possession of the land on which the grain was raised. The cases were tried separately before Grindeland, J. In the first ease a jury returned a verdict in favor of defendant William W. Hutchins, and in the second the court directed a verdict in ‘favor of Hutchins at the close of the testimony.

Action in the district court for Ramsey county to recover $50,000 for injuries received while in defendant’s employ. The answer set up a settlement with plaintiff, for the sum of $11,500. The case was tried before Michael, J., who at the close of the testimony granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $12,500 for fraud. The case was tried before Bardwell, J., who granted the motion of Hennepin Auto Company for a directed verdict in its favor, and denied a similar motion by the Walwer Motor Car Company. There was a verdict against defendants Mohr and Walwer Motor Car Company. From an order denying his motion for a new trial, as against the Henne-pin Auto Company, plaintiff appealed.

Action in the district court for Hennepin county to recover $5,000 paid for the purchase price of certain stock. The separate demurrer of Northwestern Marble & Tile Company was sustained, and the separate demurrer of Eugene Tetzlaff was overruled, Waite, J. The case was tried before Fish, J., and a jury which returned a verdict for $5,706.88. From an order denying his motion for a new trial, Eugene Tetzlaff appealed.

F. W. Schmidt and other freeholders appealed to the district court of Olmsted county from the order of approval of the superintendent of schools of that county of the consolidation of the six school districts enumerated above. The matter was heard by Callaghan, J., who made findings and dismissed the appeal. From the judgment entered pursuant to the order for judgment, the objectors appealed.

After the former appeal reported in 143 Minn. 374, 173 N. W. 805, further testimony was taken before Hale, J., who made findings and ordered judgment as, set out in the second paragraph of the opinion. From that portion of the judgment mentioned, plaintiffs appealed.

Action in the district court for Lyon county to restrain defendants from proceeding with the performance of a contract to improve certain streets in defendant city, from levying an assessment therefor upon abutting property and from issuing certificates of indebtedness or other obligations of the city in payment of the improvement.

' Upon the relation of the attorney general the supreme court granted its writ of certiorari, directed to the probate court for St. Louis county, to review a final order of that court determining the inheritance taxes due to the state of Minnesota on account of the transfer of decedent’s property which allowed as a deduction the value of the widow’s life estate in the homestead, which life estate was of the value of $7,634.

Upon the relation of Burt I. Weld and others the supreme court granted its alternative writ of mandamus directed to the district court for Blue Earth county and the Honorable W. L. Comstock, judge thereof, to compel the transfer of an action from Blue Earth county to Murray county.

Proceeding begun under section 357, G. S. 1913, in the district court lor Carlton county, against the auditor of that county, the secretary of state, the county and state canvassing boards and John B. Eiehards. The facts are stated at the beginning of the opinion. From an order granting the prayer of the petitioner, Dancer, J., the other parties appealed.

From an order of the district court for Ramsey county, Dickson, J., refusing to vacate the judgment of that court, Adolph Lipman appealed.

<p>Amendment of pleadings — discretion of court.</p> <p>4. The amendment of pleadings is- a matter which lies almost wholly in the discretion of the trial court, and its action will not be reversed except for a clear abuse of discretion. Considerations properly Influencing the exercise of such discretion are the probability of the opposite party having been misled, the manner in which evidence, to which an amendment relates, came into the case, the scope of the amendment, and the stage the action has reached.</p> <p>Amendment of complaint after verdict.</p> <p>2. There was no abuse of discretion in allowing an amendment to the complaint after verdict in a railroad fire case, where the defense was that plaintiff’s property was destroyed by fires of unknown origin, and plaintiff’s evidence in rebuttal tended to show that defendant was responsible for such fires in addition to one originally alleged to have destroyed the property.</p> <p>Special instruction to jury.</p> <p>3. There was no 'Contradiction of the rules 'laid down in the court’s general instructions to the jury in a special instruction given on the following day in response, to a question asked by the jury. The later</p>

Action in the district court for Rock county to recover $10,000 for assault. The answer was a general denial. 'The case was tried before Nelson, J., and a jury which returned a verdict for $3,250. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county under Laws 1913, chapter 454, to recover gross earnings taxes for the years 1914 to 1917, both inclusive.

Action in the district court for Kamsey county under Laws 1913, chapter 480, to recover gross earnings taxes from defendant company for the years 1914 to 1917, both inclusive. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of plaintiff for $103,616.25. Defendant’s motion for amended findings was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Upon the relation of John C. Nordblum the supreme court granted its writ of certiorari directed to J. A. A. Burnquist, Governor of the state of Minnesota, to review his action in issuing a proclamation, submitting to the voters of Marshall county a proposed division of the county.

. From the judgment of the district court for Swift county, entered pursuant to the findings and order for judgment of Johnson, J., that 0. J. Kvale, contestee, was not duly nominated to the office of member of Congress in the Seventh Congressional District of Minnesota at the primary election held on June 21, 1920, and that Andrew J. Volstead was duly nominated as the candidate of the Republican party for such office, the contestee appealed.

Action in the district court for Clay county to recover $103.50 for the loss of millet seed while .stored in defendant’s elevator. The answer among other matters alleged that the seed was left with defendant at plaintiff’s risk; that the elevator company issued no warehouse receipt therefor nor made any charges and assumed no responsibility in connection therewith. The case was tried before Johnson, J., who made findings and ordered judgment for $69.24.

Defendants were convicted of a felony in the district court for St. Louis county, Dancer, J. Their motion for a new trial was granted hut proceedings were stayed and the judge certified the case to the .supreme court for the determination of the question whether the trial court had -authority to grant the motion.

The district court for St. Louis county, Cant and Fesler, JJ., affirmed an order of the municipal court of Duluth convicting defendant of running an unlicensed drinking place. From an order denying bis motion for a new trial, defendant appealed.

Action in the district court for Morrison county to dissolve a partnership, appoint a receiver and divide the .proceeds of the partnership after payment of debts. Prom an order, Parsons, J., appointing a receiver, defendant appealed.

‘ Action in the district court for Hennepin county to recover $3,000 for breach of contract. The answer pleaded an action in the municipal court of Minneapolis wherein defendants recovered judgment against plaintiff in the sum of $206.10, balance due for installation of a heating apparatus, no part of which' judgment had been paid; that thereafter plaintiff’s .application to set aside said judgment and for leave to answer was in all respects denied.

Action in the municipal court of Minneapolis to recover $135 for damage to an automobile. The answer alleged plaintiff’s contributory negligence. The case was tried before C. L. Smith, 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 $125. Defendant’s motion for judgment notwithstanding the verdict was denied.

Action in the district court for Hennepin county to recover $4,000 for loss of services of plaintiff’s minor son and $1,647.76 for medical and surgical services. The ease was tried before Leary, J., who denied defendant’s motions for a directed verdict, and a jury which returned a verdict for $2,000. Defendant’s motion for judgment notwithstanding the verdict was granted. 'Prom the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of Carl E. Swaningson the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable Charles S. Jelley, one of the judges thereof, to review the proceedings in that court in the matter of compensation for injury to relator, as employee, from Minneapolis Steel & Machinery Company, as employer.

The facts are stated in the opinion. From the judgment entered in favor of plaintiff in the district court for [Beltrami county, Stanton, J., defendant appealed.

Action in the municipal court of Minneapolis. From, an order, C. L. Smith, J., defendant appealed. Respondent appeared specially for the purposes of the motion only 'and moved that the motion be dismissed.