Volume 147 — Minnesota Reports

<p>Action in tbe district court for Goodhue county to recover $1,000 for personal injuries. The facts are stated at the beginning of tbe opinion. From an order, Johnson, J., setting aside the order sustaining defendant’s demurrer to the complaint, and setting aside the judgment entered on the order sustaining the demurrer, and granting plaintiff leave to amend his complaint, defendant appealed.</p>

Action in the municipal court of Minneapolis to recover $500 upon a promissory note. The case was tried before Charles L. Smith, J., who when plaintiffs rested and at the close of the testimony denied defendant’s motions for a directed verdict and granted plaintiffs’ motion for a directed verdict in their favor. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

From an order of tbe county board of Yellow Medicine county, granting a petition for the enlargement of Independent School District No. 83, Yellow Medicine county, George Paulson and others appealed to the district court for that county. From an order of the county board of Lincoln county of similar import, William Boulton and another appealed to the district court of the latter county.

Hpon the relation of George D. Taylor & Sons Company, the supreme court granted its writ of certiorari directed to the district coutí for Kam-sey county and the Honorable Charles C. Haupt, one of the judges thereof, to review the judgment of that court in proceedings under the Workmen’s Compensation Act brought by Eose Norton, widow of George E. Norton, employee, against George D. Taylor & Sons Company, employer, and the Southern Surety Company, insurer.

Hpon the relation of D. M. Gilmore Company 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 judgment of that court in a proceeding under the Workmen’s Compensation Act brought by Mabel Mattson, widow of Fred Mattson, employee, against D. M. Gilmore Company, employer.

Upon the relation of the Standard Oil Company (Indiana), the supreme court granted its writ of certiorari directed to the Minnesota Tax Commission to review the action of the commission in determining the proper county in which to list for taxation certain moneys and credits of relator.

Upon the relation of the Chevrolet Motor Company of Minnesota, Incorporated, the supreme court granted its writ of certiorari directed to the district court of Yellow Medicine county and the Honorable Richard T. Daly, judge thereof, to review the action of that court in a proceeding brought under the Workmen’s Compensation Act by Otto Wold, as guardian of the estate of Evelyn Wold and Dorothy Wold, minor children of Henry 0. Wold, employee, against relator, as employer.

Upon the petition of defendant company and John Barton Payne, Director General of Railroads, the supreme court granted its order directed to the district court of the Fourth judicial district, requiring it to show cause why it should not be absolutely restrained from any further proceeding in the above entitled action.

After tbe former appeal reported in 138 Minn. 204, 164 N. W. 815, the county of Murray objected to the application of C. W. Gove for an order fixing a time and place for the audit and allowance of his claim for services as engineer, on the ground that the statute under which it was instituted was unconstitutional and that the court was without jurisdiction.

Action in the district court for Norman county to recover $3,880 for fraudulent representations in exchange-of property. The case was tried before Grindeland, J., who at the close of the testimony denied defendant’s motion for a directed judgment, adopted the answers of the jury to special questions, and ordered judgment in favor of-plaintiff for the amount demanded.

Action in the district conrt for Benton eonnty to recover $535 for breach of warranty in the purchase of seed. The case was tried before Boeser, J., and a jury which returned a verdict for $296. From an order denying its motion for new trial, defendant appealed.

Action iu the district court for Hennepin county to recover $25,000 to be paid out of a fund of $56,000 in the control of defendant Minneapolis Trust Company. The separate answers of defendants set up the agreement mentioned in the first paragraph of the opinion. The case was tried before Fish, J., who made findings and ordered judgment in favor of plaintiff.

Simon B. Lyons was indicted by the grand jury of Ramsey county charged with the crime of grand larceny in the first degree, tried in the district court for that county before Haupt, J., and a jury which returned a verdict of guilty as charged in the indictment. From the judgment entered pursuant to the order for judgment and from an order denying his motion for a new trial, defendant appealed.

Action in the district court for Roseau county to recover for the next of kin $75 for the death of plaintiffs intestate. Plaintiffs motion at the trial to amend the complaint so as to demand $7,500 instead of $75, was granted, Watts, J. The jury returned a verdict for $750. From an order denying their motion for a new trial, Grindleland, J., acting in place of Watts, J., who was ill, defendants appealed.

Action in the district court for Big Stone county to recover $1,000 for services as broker in the sale of certain real estate. The ease was trioíi before Flaherty, 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 bis motion, for a new trial, plaintiff appealed.

Action in tbe district court for Goodhue county to recover $50,000 for personal injuries. The answer alleged negligence on the part of plaintiff. The case was tried before J ohnson, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $9,640. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed..

Action in tbe district court for Brown county to enforce the constitutional liability of stockholders in defendant corporation. The separate demurrers to the complaint were overruled, Clague, J. From the order overruling the demurrers, defendants appealed.

Action in the district court for Hennepin county to recover $7,500 for the death of plaintiff’s intestate. The -answer alleged that the accident which resulted in the death of the intestate was caused by her negligence. The case was tried before Bardwell, J., and a jury which returned a verdict for $1,600. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

The Minneapolis Trust Company petitioned the district court for Hen-nepin county for allowance of its account as trustee and for directions in the distribution of the income -from the estate of Levi H. Bell, deceased. The petition was heard by Fish, J\, upon stipulated facts which are summarized at the beginning of the opinion.

Action in the district court for Hennepin county to recover $668 upon two promissory notes. From an order, Roeser, J., denying its motion to open a default judgment, plaintiff appealed.

Action in the district court for Big Stone county to recover $720 as commission on the sale of certain real estate. The answer was a general denial. The case was tried before Flaherty, J., who when plaintiff rested granted defendant’s motion for a directed verdict. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district eonrt for Martin county to recover $300 upon a written contract. The case was tried before Dean, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict and a jury which returned a verdict for the amount demanded. From an order denying its motion for a new trial, defendant appealed.

After the former appeal reported in 142 Minn. 502, 172 N./W. 958, the ease was tried before Flaherty, J., and a jury which returned a verdict against the appellant. From an order denying his motion for a new trial, K. E. Long appealed.

Defendants were by the grand jury of Hennepin county charged with the crime of grand larceny in the first degree. They moved separately to quash the indictment upon the grounds mentioned in the first paragraph of the opinion. The motion was denied by Dickinson, J., who certified the case to the supreme court.

Defendant was indicted by the grand jury- of Hennepin county charged with the crime of carnal knowledge of a female child under 14 years of age, tried in the district court for that county before Fish, 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 Ramsey county to recover $3,910.50. The case was tried before Michael, J., who at the close of the testimony granted defendant’s motion for a directed verdict on the ground that the cause of the death of the workman' was purely matter of conjecture. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Martin county to recover $800 for wrecking plaintiffs automobile. Defendant’s counterclaim for injury to his car was dismissed at the trial. The case was tried before Dean, J., and a jury which returned a verdict in favor of plaintiff for $350. From an order denying his motion for a new trial, defendant appealed.

Action, in the district court for Hennepin county to set aside a conveyance by defendant Simms because made in fraud of creditors. The case was tried before Bardwell, J., who made findings and dismissed the action. From -an order denying Ms motion for a new trial, plaintiff appealed.

Action in tbe district court for Ramsey county to recover for personal injuries. Verdict for $7,000. From an order Haupt, J., granting defendant’s motion for a new trial unless plaintiff consented to a reduetion of tbe verdict to $5,000, defendant appealed.

Action in the district court for Becker county to recover $1,810.05 for personal injury. The separate answers alleged negligence on the part of plaintiff. The case was tried before Nye, J., who when plaintiff rested denied defendants’ motion to dismiss the action and at the close of the testimony denied their motion for a directed verdict, and a jury which returned a verdict for $800.

Action, in the district court for Hennepin county to recover $2,500 for personal injuries. The case was tried before Steele, J., who when plaintiff rested and at the close of the testimony denied defendant’s motion for a directed verdict, ánd a jury which returned a verdict' for $2,450. Defendant’s motion for judgment notwithstanding the verdict was denied. From' the judgment entered pursuant to the verdict, defendant appealed.

Action in the district court fox Hennepin county to recover $45,000 for the -death of plaintiffs intestate. The case was tried before Leary, 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 Eoseau county to recover $7,500 for tbe death of plaintiff’s intestate. The case was tried before Watts, J., who at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict for the amount demanded. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Marshall county to recover $202.50 for failure to plow bach certain land according to contract. The case was tried before Grindeland, J., and a jury which returned a verdict for $92.50._ From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Upon the relation of Kelsey S: Chase, as county treasurer of Ramsey county, the district court for that county granted its alternative writ of mandamus directed to J. A. 0. Preus, as sthte auditor, and Henry Riñes as state treasurer, to compel them respectively to issue and to pay to relator as county treasurer certain warrants on the state treasury. From the judgment entered pursuant to the order for judgment, Olin B. Lewis, J., respondents appealed.

' Defendant was indicted by the grand jury of Martin county charged with the crime of seditious teaching contrary to the statute forbidding interference with enlistments in the military or naval service of the government or of the state while this country was at war with Germany, tried in the district court for that county, before Dean, 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 Redwood county to recover $360 for rent due under a farm lease. Counterclaims were interposed for sums aggregating more than the amount claimed. The case was tried before Nelson, J\, and a jury which returned a verdict for defendant in the sum of $26.05. From an order denying his motion for a new trial, plaintiff appealed.

Two actions in the district court for Hennepin county, one by the husband to recover $10,500 for injuries to his own person and for loss of services of his wife and medical attendance; the other by the wife to recover $50,000 for her own injuries. The facts are stated in the opinion.

The Daily American Newspaper, C. E. Mills, publisher, filed its itemized bill for printing against the county of Chippewa, which was approved by the state expert printer of the state of Minnesota, and the county board. At the request of taxpayers the county attorney appealed to the district court from the order allowing the bill. The appeal was tried before Daly, J., who made amended findings and ordered judgment against the county for the amount demanded.

Action in the district court for Marshall county to determine adverse claims to certain real property. The case was tried before Grindeland, 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 Wright county to recover $250 on a promissory note. The amended answer interposed a counterclaim for $100. The case was tried before biddings, J., who at the close of the testimony denied plaintiffs motion for a directed verdict on the ground that defendant had failed to make out a defense, and denied defendant’s motion for a directed verdict for the amount of $37.

Two actions in forcible entry and unlawful detainer in the municipal court of Minneapolis. The answer was a plea of not guilty. The action was dismissed as to Alexis Georgian. The cases were tried together before C. L. Smith, J., who at the close of the testimony denied the motion of Mrs. Georgian to dismiss as to her, made findings, and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, Mrs. Georgian appealed.

Action in tbe district court for St. Louis county to recover $597.49 upon an account stated. The ease was tried before Fesler, J., who at the close of the testimony denied defendant’s motion for a directed verdict and directed a verdict in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

After tbe former appeal reported in 143 Minn. 308, 173 N. W. 652, Jelley, J., granted defendant’s motion to vacate tbe default judgment entered against ber. From the order granting the motion Theresa Schind-erling and Lillibelle Digen appealed.

Action in the district court for Hennepin county to recover $5,065. The facts are stated in the opinion. The case was tried before Fish, J., who granted defendant’s motion for a directed verdict. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county, to recover $35,250 for the death of plaintiff’s intestate while in defendants’ employ. The answer alleged that the dangers of decedent’s work were lmown and appreciated by him and he voluntarily assumed the risk therefrom.

Action in the district court for Marshall county' to recover $250, one-half the value of certain buildings, for a lien for that amount on defendant’s land and sale of it to satisfy the lien. The case was tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $1,947.50 .for a quantity of hoop iron converted by defendant.

Action in the district court for Ramsey county to restrain defendants from conducting a funeral home at 649 Summit avenue or in any manner violating a specified ordinance of the city of St. Paul.

Action in the district court for Hennepin county to recover $300 as attorney fees in a personal injury action which defendant settled with plaintiff’s client without his knowledge.

Action in the district court for Hennepin county to recover $2,587.93 for conversion of six carloads of oats. From an order, Steele, J., denying its motion to set aside and quash the service of summons and complaint, defendant appealed.

Action in the district court for Le Snenr county to recover $600 upon defendant’s insurance policy. Tbe ease was tried before Tifft, J., wbo made findings and dismissed the complaint on the merits. Erom an order denying his motion for a new trial, plaintiff: appealed.

Action in the district court for Hennepin county to recover $10,000 for libel. The case was tried before Steele, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and a jury which returned a verdict for $2,000. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court fox St. Louis county to recover $630.65 special damages and for $10,000 general damages fox personal injuries. The case was tried before Fesler, J., and a jury which returned a verdict for $3,130.65. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Winona county to recover $25,000 for libe]. From an order, Childress, J., overruling their demurrer to the complaint, defendants appealed.

Action in tbe district court for Hennepin county to recover $2,500 for breach of contract. The answer specifically denied that defendants, made or subscribed to any contract of sale with plaintiff or that any part of the goods, wares and merchandise alleged in the complaint had been delivered or accepted by plaintiff, or that any part of the alleged purchase price had ever been paid.

Action in the district court for Beltrami county to recover $500 upon a check and protest fees. The facts are stated in the opinion. Plaintiff’s motion to strike out the answer as sham and frivolous and for judgment upon the pleadings as for want of an answer was granted. From an order, Stanton, J., refusing its motion to dissolve an attachment against its property, defendant appealed.

Aftér the former appeal reported in 143 Minn. 392, 173 N. W. 713, the case was tried before Hale, J., who made findings and as conclusions of law found that the Ford Motor Company was entitled to interest at the rate of 6 per cent per annum upon $34,300 from July 30, 1915, to June 23, 1919, amounting in the aggregate to $8,020.58; that the city of Minneapolis was entitled to offset as against such interest the sum of $824.64, being the fair rental value of the use made of…

Upon the relation of the Investors Syndicate the supreme court granted its tyrR of certiorari directed to the State Securities Commission and its members and executive officer to review an order of the commission suspending relator’s license to sell its securities, ten year instalment savings certificates.

Action in the district court for Hennepin county to enforce specific performance of an oral contract. The case was tried before Eish, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Upon the relation of Blanche Mattes and James Mattes the supreme court granted its writ of certiorari directed to the juvenile court of Ramsey county and the Honorable Grier M. Orr, judge thereof, to review the order of that court awarding the custody of Eleanor Maude Mattes to the state board of control.

Action, in tbe district court for Ramsey county to recover $6,455.38 damages for malpractice.

Action in the district court lor Hennepin county to recover $366.67, one month’s rent. The facts are stated in the opinion. The ease was tried before Hale, J., who 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 Eice county to restrain defendants from entering upon certain land or removing a certain fence. The ease was tried before Childress, J., who made findings and ordered the temporary injunction obtained by plaintiff to be made permanent. Defendants’ motion for amended findings and conclusions was denied, and their motion for a new trial was granted upon the specific issue stated below on this page.

Action in the district court for Ramsey county to recover $5,000. The facts are stated in the opinion. The case was tried before Michael, 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 plaintiff for $886.94. From an order denying his motion for a new trial, defendant appealed.

'Action in the district court for McLeod county to rescind a contract and to recover $360. The facts are stated in the opinion. The case was tried before Daly, J., of the Twelfth judicial district, acting in the place of Tifft, J., and a jury which returned a verdict for $371.85. From a.n order denying bis motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to restrain defendant • from preparing, putting up and offering for sale any imitation of plaintiff’s articles or any articles bearing the name of “Golden Rule,” for an accounting and recovery of all profits realized by defendant upon sales of sucb articles.

Action in the municipal court of Minneapolis to recover $80 overcharges collected on certain cars of grain. The case was tried before Baldwin, J., who before any testimony was offered and again at the close of the testimony, denied defendant’s motion to dismiss for want of jurisdiction, upon plaintiff’s counsel’s statement to the court, made findings and ordered judgment in favor of plaintiff. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Ramsey county against the Home Insurance Company, the Hartford Fire Insurance Company and the Glens Falls Insurance Company of Glens Falls, New York, to recover upon three fire insurance policies. The facts are stated in the opinion. The case was tried before Michael, J., who denied defendants’ motion for judgment on the pleadings but granted that of plaintiff and defendant Elizabeth McQuaid Lessing.

Action in the district court for Becker county to cancel a deed and mortgage to defendant M. Johnson and to have tbe sale of tbe premises to defendant Kivell inure to the benefit of plaintiff and bis estate. Defendants’ demurrer to tbe complaint on tbe grounds that the court bad no jurisdiction over tbe subject of tbe action and that tbe facts stated did not constitute a cause of action was sustained, Roeser, J., and tbe case certified to tbe supreme court.

Action in the district court for Rice county to require defendants to disclose how much of the proceeds of a sale of certain real éstate they still have in their possession; to apply the money on plaintiff’s judgment; to recover $12,031.45 and in case no portion of the proceeds of the real estate were in their possession for 'an accounting. The facts are stated in the opinion.

Defendant was indicted by the grand jury of Steams county charged with the crime of grand larceny in the first degree, tried in the district court for that county before Roeser, J., and a jury which rendered a verdict of guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for St. Louis county to recover $5,000 upon a bail bond. The case was tried before Dancer, J., who when the state rested denied defendants’ motion to dismiss the action, made findings and ordered judgment against the defendant company. The motion of defendant company for amended findings was granted in part and denied in part. From an order denying its motion for a new trial, defendant company appealed.

Action in the district court for Hennepin county to recover $7,500 for the death of plaintiff’s intestate. The answer alleged contributory negligence on the part of decedent. The case was tried before Jelley, J., who at the close of the testimony granted defendant’s motion for a directed verdict. From an order denying her motion for a new trial, plaintiff appealed.

Complaints were filed in the municipal court of St. Paul against W. G. Foss and B. B. Meyers for carrying on the business of plumber in violation of Ordinance No. 2902 of the city of St. Paul. They were tried before Finehout, J., who found them guilty as charged. From orders denying their motions for new trials, defendants took separate appeals.

Action in the district court for Ramsey county to recover $1,600 for loss of rents. The answer set out the rider to the policy quoted in the first paragraph of the opinion and alleged that the portion of the policy quoted was the only part thereof which pertained to the subject matter of the policy or whereby plaintiff was insured against loss of rents.

Upon the relation of William Glesener the supreme court granted its writ of certiorari directed to the district court for Renville county and the Honorable Richard T. Daly, judge thereof, to review the order of that court establishing Judicial Ditch No. 12.

Action in the district court for Hennepin county to recover $8,666.67 for breach of contract of employment. The ease was tried before Molyneux, J., who when plaintiff rested denied defendant’s motion for a directed verdict on the ground that the record wholly failed to establish the contract, and a jury which returned a verdict for $8,290. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Yellow Medicine county to foreclose a mechanic’s lien for $756.40. The case was tried before Daly, J., who made findings and as conclusions of law found that plaintiff was not entitled to recover any sum whatever from any defendant except George J. Piersol, held no lien on the premises, and that defendant Paul C. Keyes was'the owner .of them, free and clear of any claims of plaintiff on account of the alleged mechanic’s lien.

Action in the district court for Scott county for specific performance of a contract and for $200 damages. The case was tried before Tifft, J., who made findings and ordered judgment in favor of plaintiff. From an order denying her motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $5,500 for injuries caused by the negligent driving of defendant’s automobile. The case was tried before Leary, J., and a jury which returned a verdict for $2,000. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, Bohn E. Fawkes appealed.

Action in the district court for Big Stone county to recover $40,000 for the death of plaintiff’s intestate while in defendant’s employ. The case was tried before Flaherty, J., who granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Proceedings in Ihe district court for Clay county to acquire a portion of defendant’s right of way in the village of Hawley for a potato warehouse. The defendant filed objections to the complaint and alleged, among other matters, that there was no law of Minnesota authorizing condemnation of a portion of the right of way for the purposes referred to, and that the business conducted in the past by plaintiff and proposed was a purely private enterprise.

Action in tbe district court for Itasca county to set aside a conveyance of real property as fraudulent. The answer alleged, among other matters, that since acquiring title and possession of the land defendants had placed improvements thereon and paid taxes amounting to $3,600, including interest on the mortgage; that these payments were made prior to any actual notice of plaintiff’s claim or the claim upon which the action was founded.

Action iu the district court for Marshall county to set aside as fraudulent a conveyance of certain real property. The separate answers of defendant Barto and wife denied that the Conveyance was made with intent to defraud creditors; the separate answer of Katie Barto alleged she purchased the land in good faith for a valuable consideration and that she was the owner in fee of the property.

Action transferred to the district court for Pipestone county to recover a deposit of $750 upon a proposed contract. The facts axe stated in the opinion. The case was tried before Nelson, J., who at the close of the'testimony granted plaintiffs’ motion to dismiss the counterclaim and for a judgment on the pleadings for the amount demanded. The jury returned a verdict as instructed by the court. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court for Washington county to determine boundary lines. The case was tried before Searles, J., who made findings and ordered judgment in favor of defendants William Fritche and August Fritche. From an order denying his motion for judgment in favor of plaintiff or for a new trial, Ferdinand E. Bahneman appealed.

Action in the district court for Ramsey county, by the father of Grace Reader, a minor, to recover $60,000 for injuries received by his daughter.

In proceedings in the district court for Hennepin county to collect delinquent personal taxes, for tbe year 1918, defendant corporation filed its answer and alleged that it had no moneys within the state of Minnesota on May 1, 1918, and that there were no debts, demands, credits or obligations of the company on that date the situs of which was in the state of Minnesota; that it sold and made deliveries of merchandise in Minneapolis to customers in Minnesota, North and South…

In. proceedings to enforce the payment of taxes on real estate remaining delinquent on the first Monday in January, 1916, in Polk county, Eva S. Hoglund and ten others filed separate answers objecting to a special assessment for a relief sewer constructed by the city of Crookston.

Action in the district court for Ramsey county to recover $2,630.73 upon defendant’s automobile policy. The case was heard by Haupt, J., who made findings and ordered judgment in favor of plaintiff, defendant mailing no appearance. From an order, Michael, J., denying its motion to vacate the judgment in favor of plaintiff and for leave to interpose an answer, defendant appealed.

Action in the district court for Sibley county for specific performance of a contract for the sale of land or for the cancelation thereof.

Action in tbe district court for Chippewa county to recover $450 as commission for making sale of an interest in a stock of hardware and farm machinery. The case was tried before Daly, J., who when plaintiffs rested denied defendants’ motion to dismiss the action, and at the close of the testimony denied plaintiffs’ motion for a directed verdict for $450 and defendants’ motions for a directed verdict, and a jury which returned a verdict for the amount demanded.

After the second appeal reported in 141 Minn. 203, 169 N. W. 711, the case was tried before Olin B. Lewis, J., and a jury which returned a verdict for $8,921. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $7,300 for injuries received from the negligent driving of defendant’s automobile truck. The case was tried before Olin B. Lewis, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony denied defendant’s motion for a directed verdict, and a. jury which returned a verdict for $3,750.

In the matter of proceedings for enforcement of personal property taxes for the year 1918 in Koochiching county, the Minnesota & Ontario Paper Company filed its answer and prayed the court to review, correct, revise and abate its assessment, and if there was a valid tax levy or a valid assessment to determine the true and correct valuation of the property for such assessment purposes.

Action in tbe district court for Hennepin county to restrain defendants from -selling plaintiff’s membership in the Minneapolis Chamber of Commerce and to vacate a levy thereon under writ of execution.

Upon the relation of William M. Nash the supreme court granted its writ of certiorari directed to the Honorable J. A. A. Burnquist, Governor of the state of Minnesota, to review his action in removing William M. Nash, county attorney of Hennepin county, from office.

Action in the district court for Wright county to cancel a contract for the sale of certain real property and to recover $2,300. The substance of the pleadings will be found in the second and third paragraphs of the opinión. The case was tried before G-iddings, J., who made findings and ordered judgment in favor of defendants. Plaintiffs motion for amended findings and conclusions or for a new trial, was denied.

Action in the district court for Hennepin county to recover $15,000 for malicious discharge of plaintiff from defendant’s employment.

Action in the district court for Hennepin county to restrain defendants for a period of four years from establishing or conducting a retail credit clothing store in the city of Minneapolis in which defendant Brock should be employed, from using lists of customers of plaintiff and from soliciting trade of the patrons of plaintiff by means of letter, circular or advertisement.

Action in the district court for Hennepin county to recover $80,000 for personal injuries received while in the employ of defendant. The facts are stated in the first paragraph of the opinion. Plaintiff demurred to the answer as stated at the end of the first paragraph of the opinion. From an order, Steele, J., sustaining the demurrer, defendant appealed.

Colfax Grant was appointed receiver of Western Mortgage Loan Company by the district court for Hennepin county. Coon Yalley State Bank, a claimant against the mortgage company, thereafter obtained an order directing the receiver to show cause why an order disallowing its claim, made by Dickinson, J., on January 9, 1919, should not be vacated. From an order granting claimant’s motion to vacate that order, Hale, J., the receiver appealed.

Defendant was indicted by tbe grand jury of Hennepin county charged with the crime of robbery in the first degree, tried in the district court for that county before Steele, J., and a jury and found guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

From an order of the county board of Clay county directing the repair of County Ditcb No. '18, G. A. Amundson and other landowners appealed to the district court for that county. The appeal was heard by Johnson, J., who made findings and ordered judgment in favor of appellants. From the order denying respondents’ motion for amended findings or for a new trial, the county of Clay and the drainage district known as County Ditch No. 18 appealed.

Action in the district court for Ramsey county to recover $2,000 for fraudulent representations and warranties in a sale of 252 sheep. The case was tried before Olin B. Lewis, J., and a jury which returned a verdict for $1,635.40. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action-in the district court for Crow Wing county to recover $1,037.72 on a sale of seven carloads of mining timber. The- defense is stated in the first paragraph of the opinion. The case was tried before Wright, J,, who at the close .of the testimony denied defendant’s motion for a directed verdict and a jury wbicb returned a verdict for $766.24. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for. Faribault county for reformation of an instrument and to recover $3,000. The facts are stated in the opinion. Defendant’s motion for judgment on the pleadings was granted, Dean, J. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in tbe district court for Hennepin county to foreclose a mortgage. Lulu V. Forsyth answered, alleging that she was the sole owner and in possession of the premises. The ease was tried before Leary, J., who made findings and ordered judgment in favor of defendants.

Action in the municipal court of Minneapolis to recover $482.62 for goods sold and delivered. The case was tried before Baldwin, J., who when defendant rested denied plaintiffs motion to dismiss defendant’s counterclaim on the ground that there was no sufficient ground on which to base a counterclaim, made findings and ordered judgment for $1,000 in favor of defendant.

Action in tlie district court for Roseau county to recover $564.60 upon a written contract. Defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. From an order, Watts, J., overruling the demurrer, defendant appealed.

Upon the relation of C. F. Keyes, the district court for Hennepin county granted its alternative writ of mandamus directed to the auditor and treasurer of that county requiring the auditor to cancel the record of payment of taxes for 1917 on certain parcels of land and re-extend against the same the taxes as originally levied and ássessed, requiring the treasurer to refund the amount paid by the Samuel H. Chute Company and directing him not to accept in payment of the…

Action in the district court for Freeborn county to recover $90, the value of a cow killed by defendant’s train at a place where its right of way was unfenced. The answer alleged negligence in allowing the cow to stray upon the railroad, track. The case was tried before Catherwood, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for the amount demanded.

Action in the district court for Blue Earth county for divorce. The answer prayed for 'dissolution of the marriage relation; for temporary and permanent alimony; advance attorney’s fees and costs. The case was tried before Comstock, J., who made findings and granted defendant absolute divorce with an allowance of $30 per month as alimony, and attorney’s fees. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of Winter-Truesdale-Ames Company the supreme court granted its alternative writ of mandamus directed to the district court of Cottonwood county and the Honorable' L. S. Nelson, judge thereof, commanding that the place of trial of the action be changed to Hennepin county.

Action in the -district court for Hennepin county to recover $5,000 for slander.

Action in tlie district court for Hennepin county by the father of Robert D. Ziegler, a minor, to recover $5,000 for injuries received by the minor son in a collision between defendant Phillips’ jitney bus, while a passenger in the bus, and defendant company’s street car. The case was tried before Molyneaux, J., who at the close of the testimony denied separate motions of defendants for directed verdicts and a jury which returned a verdict for $1,200.

Action in the district court for Hennepin county to recover $5,000 for injuries caused by the negligent driving of defendant’s automobile. The ease was tried before Molyneaux, J., and a jury which returned a verdict for $2,000. Prom an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to set aside as fraudulent a conveyance of land from defendant Richard to defendant Terence, his brother, and to decree that other property conveyed to defendant Terence be conveyed to defendant Richard and then sold, and the proceeds of the sale applied to the payment of plaintiff’s judgment against defendant Richard. The case was tried before Michael, J., who made, findings and ordered judgment in favor of defendants.

Action in the district court for Ramsey county to recover possession of an automobile and $100 damages. The answer alleged that the sheriff, by one of his deputies, by virtue of an execution duly issued out of said court levied upon certain goods and chattels of the character of those mentioned in the complaint and took the same into his custody.

Action in the district court for Ramsey county to recover $10,000 for expenses incurred in caring for plaintiff’s daughter and for loss of her services. The case was tried before Hanft, J., who granted the separate motions of defendants Ottis and LaValle to dismiss the action as to them. From an order denying his motion for a new trial as to defendants Ottis and LaValle, plaintiff appealed.

Action in the district court for Beltrami county to recover a balance of $143.65 for work and labor. The case was tried before Wright, X, who made findings and ordered judgment in favor of defendant dismissing the action. From the findings and order dismissing the action, plaintiff appealed.

In the matter of proceedings for enforcement of personal property taxes for the year 1918 in Koochiching county, defendant filed US'- answer, claiming that the assessment was excessive; that it was made under demonstrable mistake of fact amounting to fraud and for an abatement of the same.

After the former appeal reported in 141 Minn. 306, 170 N. W. 507, the case was tried before Dickson, J., who made findings and ordered judgment in favor of defendant. Prom an order denying his motion to amend the conclusions of law so as to direct judgment in his favor or for a new trial, plaintiff appealed.

Action in tbe district court for Hennepin county to .recover $14,265. Tbe ease was tried before Hale, J., wbo at tbe close of tbe testimony dismissed tbe action. Prom an order denying bis motion to vacate tbe decision dismissing tbe action and for a new trial, plaintiff appealed.

Charles G. Stewart obtained from the district court for Dakota county an order directing Thomas Francis Kelley and his wife, Stella Fay Kelley, to show cause why the decree for the adoption of Frances Josephine Fay should not be set aside and an order made authorizing and directing Thomas Francis Kelley and Stella Fay Kelley to deliver to- Charles G. Stewart the child and giving him the care, custody and control of her.