Volume 148 — Minnesota Reports

Defendant was indicted by the grand jury of St. Louis county charged with the crime of unlawfully storing and possessing intoxicating liquor for sale, tried in the district court for that county before Hughes, J., and a jury and found guilty as charged in the indictment. From an order denying her motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $8,955.35 upon a promissory note. The case was tried before Bardwell, J., and a jury which returned a verdict for $10,332.32. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Jackson county to have plaintiffs declared the owners in fee of certain land; to have the interest of William Jentzen, arising through purchase at foreclosure sale, declared a mortgage; to have the mortgage debt computed and permit plaintiffs to redeem the premises therefrom.

Two actions in the district court for Ramsey county, one by Agnes Conroy as guardian of her minor son, to recover $10,000 for injuries received by him, and the other by her individually to recover $3,500 for loss of her son’s services and for the expenses of medical and surgical treatment, nursing and supplies. The answer alleged negligence on the part of the minor.

Action in the district court for Otter Tail county to recover $500 for breach of contract to insure. The answer admitted that defendant wrote a policy on June 4, 1917, but alleged that it expired on June 4, 1918.

In proceedings in the district court for Hennepin county to enforce payment of real estate taxes remaining delinquent on the first Monday of January, 1919, W. L. Harris Realty Company answered, alleging “that the trustees of the Hamline University of Minnesota is a corporation created and existing under the laws of the state of Minnesota, and especially by and under chapter 43, Laws of 1854 of Minnesota Territory” and that corporation is an educational institution; that the…

From an order of the town board of Scandia Valley establishing a public road in that town, Edward P. Goerndt appealed to the district court for Morrison county. The appeal was heard by Roeser, J., who made findings and affirmed the action of the board. From the judgment entered pursuant to the order for judgment, Goerndt appealed.

Action in the district court for Bamsey county to recover $85é upon defendant’s policy of insurance. The case was tried before Haupt, J., who when plaintiff rested denied defendant’s motion to dismiss the action at the close of the testimony, denied defendant’s motion for a directed verdict and granted plaintiff’s motion for a directed verdict for $893. From an order denying its motion for a new trial, defendant appealed.

Action transferred to the district court for Blue Earth county to recover $397.25. Defendant interposed a counterclaim for $500. The case was tried before Comstock, J., who when plaintiff rested and at the close of the testimony denied defendant’s motion for a directed verdict and directed a verdict in favor of plaintiff for $222.25 and interest. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Koochiching county to recover $1,748.09 for professional services. The case was tried before Wright, J., who at the close of the testimony granted defendant’s motion to dismiss the action. From an order denying his motion for an order setting aside the order to dismiss and a motion for a new trial, plain- . tiff appealed.

Action in the district court for Ramsey county to recover $5,000 for injuries received while in the employ of the fire department of the city of St. Paul. The case was tried before Hanft, J., who made findings and ordered judgment in favor of plaintiff for $500. Prom the judgment entered pursuant to the order for judgment, defendant appealed.

In the matter of the estate of James D. Anderson, deceased, Elizabeth Anderson, his widow, petitioned the probate court for Lake county for an order requiring the executors to transfer to her all the property of the estate. The heirs of testator, respondents, filed objections to the petition.

Action in the district court for Polk county to recover $389.64, the price of a shipment of potatoes to defendant. The case was tried before Watts, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $343.80. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $7,500 for the death of plaintiffs decedent. The answer alleged that notwithstanding defendant exercised reasonable care-and skill in treating plaintiff’s wife, he was unable to cure her of the ailment from which she was suffering, and on or about May 2, 1918, she died. The case was tried before Waite, J., who at the close of the testimony granted defendant’s motion for a directed verdict.

Action in the district court for Hennepin county to recover $888 for breach oif warranty on sale of a. carload of corn. The ease was tried before Bardwell, 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 $765. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover a balance of $819 upon a contract. The facts are stated at the beginning of the opinion. The case was tried before Jelley, J., who made findings and ordered judgment in favor of defendant. From an order denying its motion to amend the findings and conclusions and for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $900 for conversion. The facts are stated in the first paragraph of the opinion. The case was tried before Dickinson, J., who at the close of the testimony granted plaintiff’s motion for a directed verdict that he was entitled to recover the goods or their value, and submitted to the jury the question of the value of the goods, which they found was $750 and the storage charges $144.

Action in the district court for Hennepin county to recover $31,150 for conversion and $10 per month- rental. The case was tried before Dancer, J., who when plaintiff rested granted defendant’s motion to dismiss the first cause of action, and a jury which returned a verdict in favor of defendant. Prom an order denying its motion for a new trial, plaintiff appealed.'

Action, in tbe district court for Ramsey county to recover $356.66 broker’s commission for selling two carloads of honey. The case was tried before Haupt, J., who at the close of the testimony denied defendant’s motion for a directed verdict and submitted to the jury the value of plaintiff’s services, which value they placed at $333.13. Prom an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $10,000 for injuries inflicted when plaintiff was struck down by defendant’s automobile truck. The answer alleged that at the time of the accident the automobile was in plain view and that plaintiff failed to exercise ordinary care for her own safety.

Action in the district court for Ramsey county to recover $185,000.

Action in the district court for Crow Wing county to recover $7,500 for permitting a child in the peeling stage of scarlet fever to return to her home. The case was. tried before Wright, J., who when plaintiff rested directed a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Upon the relation of the city of Fairmont, the district court for Martin county granted its alternative writ of mandamus directed to the Chicago, St. Paul, Minneapolis & Omaha Railway Company requiring it to pave a grade crossing in that city. The matter was heard by Dean, <L, who made findings and ordered a peremptory writ to issue. From an order denying its motion to-amend the findings and conclusions of law, the railroad company appealed.

Action in the district court for St. Louis county to recover $10,760 for malicious prosecution. The ease was tried before Cant, J., who at the close of the testimony granted the motion of defendant Blumenthal to direct a verdict in his favor and denied a similar motion of the other defendants, and a jury which returned a verdict against The Leiser Company and Marie Balfany for $7,737.25.

Action in the district court for Norman county to set aside an award of arbitrators, to restrain G. O. Benson from paying the money deposited with him to defendant Nygaard and that he be directed to pay it to plaintiff. The case was tried before Grindeland, J., who made findings and ordered judgment confirming the award and in favor of defendant Nygaard for $1,100 and directed that G. O. Benson pay to defendant Nygaard the sum so deposited with him.

Action in the district court for Wright county to set aside a conveyance as fraudulent as against creditors. The facts are given at the beginning of the opinion. The case was tried before Giddings, J., and a jury which returned a verdict in favor of defendants. From an order denying its motion for a new trial, plaintiff appealed.

Three actions in the district court for Dakota county to recover $3,187.61, $1,439.64 and $531.72, respectively, for work and material furnished in remodelling a certain school building. From an order, Converse, J., denying their motion for judgment pursuant to a stipulation made in- open court, plaintiffs appealed.

Action in the municipal court of Minneapolis to recover $674.30 commission on the sale of certain real estate. In his answer defendant specifically denied that plaintiff sold the property to A. Dolf, or that he was instrumental or responsible in any way, shape or manner for closing the deal between defendant and Dolf; and alleged that David Shapiro negotiated the sale and acted as the agent for defendant.

Action in the municipal court of Minneapolis to recover $320 on a post-nuptial contract. The answer alleged that the contract entered into between the parties was against public policy and therefore void. The case was tried before Montgomery, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded and interest. From an order denying his motion for a new trial, defendant appealed.

Frank O. Tidholm petitioned the probate court for Hennepin, county for the allowance of the last will and testament of Petronella Olson, deceased. Andrew Johnson filed objections to the allowance of the will. From the order of the probate court, Dahl, J., admitting the will to probate, contestant appealed to the district court for that county. The appeal was heard before Jelley, J., who made findings and affirmed the order of the probate court.

Defendant was charged with the violation of a city ordinance, tried in the municipal court of Minneapolis before Baldwin, J., and found guilty and ordered to pay a fine of $50 or in default thereof be imprisoned in the work house for a term not exceeding 50 days. From an order denying his motion for a new trial., defendant appealed.

Action in the municipal court of Minneapolis for conversion. The facts are fully stated at the beginning of the opinion. The case was tried before Charles L. Smith, J., who at the close of the testimony denied separate motions by defendants for directed verdicts, and a jury which returned a verdict for $480 -against the Yellow Cab Company. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, the Yellow Cab Company appealed.

Action in the district court for Winona county to recover $2,000 upon defendant’s benefit certificate. The case was tried before Callaghan, J., who made findings and ordered judgment in favor of defendant dismissing the action. Erom the judgment entered pursuant to the order for judgment, plaintiff appealed.

Upon the relation of John Nett the supreme court granted its writ of certiorari directed to the district court of Stearns county and the Honorable John A. Roeser, one of the judges thereof, to review proceedings in that court under the Workmen’s Compensation Act brought by Mathias Kraker, as employee, against relator, as employer.

Action in tbe district court for Ramsey- county to recover $1,380 for breach of contract in failing to build a certain railroad. The case was tried before Dickson, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded.' Judgment on the findings was entered. From an order granting defendant’s motion to set aside the judgment and denying plaintiff’s motion for leave to reargue that motion, plaintiff appealed.

Action in the district court for Ramsey county to recover $3,000 upon defendant’s beneficiary certificate. The ease was tried before Brill, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $3,102.51. From an . order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Traverse county to recover $4,000, and for an accounting of a certain partnership business.

From an order of the county commissioners of Sibley county denying a petition to change a county road, James Brazil appealed to the district court for that county. The appeal was heard by Tifft, J., who made findings reversing the order and directing judgment for a change of the highway as prayed for. From an order denying its motion to amend the conclusions and order for judgment or for a new trial, the county of Sibley appealed.

Action in the municipal court of Minneapolis to recover $451.85 for damage to plaintiff’s automobile in collision with defendant’s motor truck. The case .was tried before Montgomery,' J., who made findings and ordered judgment in favor of plaintiff for $351.85. From an order denying his motion for a new trial, defendant appealed.

Two actions in the district court for Hennepin county to recover $2,475, respectively, the amount paid under fire-insurance policies- The eases were tried together before Bardwell, J., who at the close of the testimony denied defendant’s motion for a directed verdict in each case and directed a verdict in favor of plaintiff in each case for $2,475 and $2,500, with interest, respectively.

Action in the district court for Redwood county to recover $440 for construction of a drainage ditch. The case was tried before Olsen, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and directed a verdict in favor of plaintiff for $457. From an order granting defendant’s motion for a new trial, plaintiff appealed.

Action transferred, to -the district court for Winona county to recover $664.75, the balance due upon a promissory note. The ease was tried before Callaghan, J., who at the close of the testimony granted plaintiffs motion for a directed verdict. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Redwood county to recover $12,775.36. The ease was tried before Clague, J., who at the close of the testimony denied plaintiffs’ motion for a directed verdict, and directed a verdict for defendant, “no cause of action.” Plaintiffs’ motion for judgment notwithstanding the verdict or for a new trial was denied, Olsen, J. From the judgment entered pursuant to the verdict, plaintiffs appealed.

Action in the district court for Ramsey county to recover $32,150 for injuries received in a collision between plaintiff’s motorcycle and defends ant’s mo-tor truck. The case was tried before H-aupt, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and a jury which returned a verdict for $8,032.75. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $1,232 upon certain promissory notes. Erom an order, Fish, J., granting the motion of Charles E. Ryberg to dismiss the garnishment proceedings and discharging the garnishees, plaintiff appealed.

Action in the district court for Beltrami county to reform a fire insurance policy and recover $2,000 upon it. The answer alleged that the policy of insurance was canceled on May 10, 1919. The case was tried before Stanton, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,897, with interest.

Action in the district court for Hennepin county to recover $1,628 demurrage charges on certain cars loaded with coal. Defendant interposed a counterclaim for $4,523.47. The facts are stated in the opinion. The case was tried before Leary, L, who made findings and ordered judgment in favor of plaintiff for $1,378 and interest. Defendant’s motion for a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Le Sueur county to recover $1,525 for setting plaintiff’s buildings on fire. The answer was a general denial. The case was tried before Tifft, J., and a jury which returned a verdict in favor of defendants. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Lincoln county to rescind a contract. The facts are stated at the beginning of the opinion. The case was tried before Olsen, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court for Hennepin county to recover $7,500 for the death of plaintiff’s intestate. The answer alleged negligence on the part of decedent. The case was tried before Leary, J„, who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $2,500. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Condemnation proceedings to take land of defendant fuel company. From the commissioners* award of damages at $3,244, defendant appealed to the district court for Hennepin county, where the appeal was heard by Leary, J., who made the rulings specified in the second paragraph of the opinion, and a jury which returned a verdict in favor of the Pioneer Fuel Company for $5,500. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Anoka county to restrain defendant from enforcing exorbitant rates against plaintiff and those similarly situated for toll service over its telephone lines. From an order, Giddings, J., granting plaintiff’s motion for a temporary injunction, defendr ant appealed.

Action in the district court for Hennepin county to cancel and set aside certain conveyances and to recover $625. The case was tried before Bardwell, J., who denied motions to dismiss the action as to certain defendants, made findings and ordered judgment as set out in the fifth paragraph of the opinion. From an order denying its motion for amended findings or for a new trial, defendant Mercantile Exchange Company appealed.

Action in ejectment in the district court for Hennepin county and to recover $100 per month since February 13,1920, until restoration of the premises. The case was tried before Dickson, J., who made findings and directed judgment in favor of defendant Harris. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Redwood county to recover $1,567.75 against the estate of Julia Welsh. The facts are fully stated in the opinion. The ease was tried before Olsen, J., and 4 jury which returned a verdict for $596.22. From an -order denying his motion for a new trial, plaintiff appealed.

Twelve actions in the district court for Scott county to enforce the liability of as many stockholders in an insolvent corporation. The actions were tried together before Tifft, J., who made findings and ordered judgment in favor of defendants. From orders denying his motion for new trials, -plaintiff appealed.

Action in the district court for Hennepin county’ to recover $25,175 for personal injuries. The case was tried before Molyneaux, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that the testimony conclusively showed contributory negligence on the part of plaintiff, and a jury which returned a verdict for $4,000. Defendant’s motion for a new trial was denied.

After the former appeal reported in 145 Minn. 19, 175 N. W. 1000, the case was tried before Callaghan, J., who at the close of the testimony-denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $269.53. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $900 upon a fire insurance policy. Defendant’s demurrer to the amended complaint on the ground that several causes of action were improperly united and that the facts stated did not constitute a cause of action was overruled, Cant, J. The case was tried before Dancer, J., who made findings and ordered judgment in favor of plaintiff.

Action transferred to the district court for Hennepin county to recover $732.62 for a carload of maple flooring. The answer interposed a counterclaim for $19,750 less such amount as should be found owing plaintiff with interest. The case was tried before Molyneaux, J., who at the close of the testimony granted plaintiff’s motion to dismiss the counterclaim and for a directed verdict of $787.66. From an order denying their motion for a new trial, defendants appealed.

Action in the district court for Crow Wing county to recover $490 for eviction and office rent. The case was tried before McOlenahan, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $290. Erom an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action transferred to the district court for Todd county to recover $775 on a promissory note. The case was 'tried before Roeser, 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. Plaintiff’s motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Becker county to recover $1,267.34 for repairing and rebuilding a municipal water tower tank and steam heating system. The facts are stated in the opinion. The case was tried before Roeser, J., who at the close of the testimony denied plaintiffs motion for a directed verdict, and a jury which returned a verdict for $366.45. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Upon the relation of the Zenith Furnace Company the supreme court granted its writ of certiorari directed to the district court for St. Louis county and the Honorable H. A. Dancer, one of the judges thereof, to review proceedings in that court brought by Tony Chiovitte, employee, against relator, employer.

Action, in tbe municipal court of Minneapolis for tbe restitution of certain premises. The case was tried 'before C. L. Smith, J., who made findings and ordered judgment in favor of defendants. From tbe judgment entered pursuant to the order for judgment, plaintiff appealed.

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

Defendant and another were indicted by the grand jury of Hennepin county charged with the crime of robbery in the first degree. Defendant was tried separately in the district court for that county before Molyneaux, 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 Hennepin county to recover $35,000 for the death of plaintiff’s intestate. At the trial before Hale, J., plaintiff’s motion for judgment upon the pleadings and stipulation of facts for $9,500 was denied, and defendant’s motion for judgment granted. From the order for judgment, plaintiff appealed.

Action in the district court for Ramsey county td recover $12,000 special and $40,000 general damages for injuries received while brakeman in defendant’s employ. The substance of the pleadings will be found in the second paragraph of the opinion. The case was tried before Olin B. Lewis J., who at the close of the testimony granted defendants’ motion for a directed verdict. Plaintiff’s motion for a new trial was denied.

From an order of the board of county commissioners of Yellow Medicine county granting a petition for the enlargement of School District No. 43 of that county, George B. Severts, a resident and taxpayer of that district, appealed to the district court for that county. The appeal was heard by Daly, J., who confirmed the action of the county board. From an order denying his motion for a new trial, George B. Severts appealed.

Action in tbe district court for Otter Tail county to recover $5,300 general damages and $1,000 special damages for injuries received while alighting from defendant’s speeder. The answer alleged that a settlement had been made between the parties on March 30, 1918, whereby plaintiff had been paid $200 and executed a release in full satisfaction of all claims against defendant.

Upon application to the district court for Bamsey county to confirm the assessment for paving Concord street from Ada street to Annapolis street, in the city of St. Paul, John C. Elzy and others filed objections. The matter was heard by Dickson, J., who made findings and ordered that certain property of the objectors Henry Von Der Weyer, John C. Elzy, Walter H. Sanborn and Edward P. Sanborn be stricken from the assessment roll.

Upon the relation of Carnegie Dock & Fuel Company the supreme court granted its writ of certiorari directed to the district court of Ramsey county and the Honorable Charles C. Haupt, one of the judges thereof, to review proceedings in that court brought under the Workmen’s Compensation Act by Patrick Connelly, employee, against relator, employer.

Action in the district court for Stevens county to set aside two quitdaim deeds. The case was tried before Flaherty, J., who made findings and ordered judgment in favor of plaintiffs. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the municipal court of Minneapolis to recover $220, as one-half part of a broker’s commission. The answer alleged that there was no consideration for the written agreement and that it was procured by fraud. The case was tried before Baldwin, J., who made findings and ordered judgment in favor of defendant. From an order denying its motion to set aside the findings and conclusions and for a new trial, plaintiff appealed.

Action in- the district court for Meeker county to recover $1,160 for breach of contract. The facts are stated in the opinion. The case was tried before Daly, J,, and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

A. H. Siblerud and others petitioned the county board of Freeborn and Waseca counties for the construction of a certain ditch designated as Judicial Ditch No. 2, and the reports of the engineer and viewers thereon were approved by the hoard. From the order establishing the ditch, Wallace Armstrong and others appealed to the district court for Freeborn county.

Action in the district court for Waseca county to recover $3,000 for services. The case was tried before Childress, J., who at the close of the testimony 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.

Action in the district court for Hennepin county to restrain defendants from installing a telephone upon the outside wall of a building adjoining plaintiff’s restaurant and from equipping and operating the same. An order to show cause was heard by Molyneaux, J., who granted a temporary injunction. From the order granting the injunction, defendant Yellow Cab Company appealed.

Action in the district court fox Norman county to recover $1,993.09 for breach of contract. The case was tried before Grindelaad, 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 Redwood county to recover $35,000 for injuries while the minor plaintiff was in defendant’s employ. The case was tried before Olsen, J., and a jury which returned a verdict -for $1,500. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Traverse county to recover $674.65. D. J. Leary was served with garnishee summons. From an order, Flaherty, J., denying plaintiff leave to file a supplemental complaint against the garnishee, plaintiff appealed.

Action in the district court for Rock county to determine adverse claims to real property. The facts are stated in the opinion. Judgment upon stipulation of facts was ordered, Nelson, J., in favor of plaintiffs. From the judgment entered pursuant to the stipulation, defendant appealed.

Defendant and others were indicted by the grand jury of Ramsey i county charged with the crime of murder in the first degree, and defendant was tried separately in the district court for that county before Brill, J., who when the state rested denied defendant’s motion to dismiss, and a jury, and found guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

In an application to register title to certain land a decree of registration was entered. Thereafter defendant Borgen, setting up a written lease of the premises, obtained permission to file his answer. From an order, Cant, J., granting defendant BorgeNs motion to review the decree of registration for the purpose of determining his rights, Mamie Murphy-appealed.

Action in the district court for Ramsey county to recover $916, the price of a carload of potatoes; Defendant interposed a counterclaim for $109.43. The case was tried before Hanft, 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 in favor of plaintiff for $985.15.

Action in the district court for Meeker county for divorce- The facts are stated in the opinion. The case was tried before Daly, J., who made findings, and ordered judgment in favor of defendant and that 'he was entitled to an undivided one-half of certain property. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court fox Anoka county to subrogate plaintiff to all the rights acquired by defendant Hudson in the foreclosure of the third mortgage mentioned in the first sentence of the opinion, and the assignment -thereof, to recover $2,200 -and interest from defendant Sophia C. Pettiford, and for a decree that plaintiff had a valid purchase money lien upon the mortgaged premises for that amount.

Defendant was indicted by the grand jury of St. Louis county charged with the crime of abandonment of children, tried in the district court for that county before Dancer, J., and a jury and found guilty. From an order denying 'his motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Lyon county charged with the crime of manslaughter in the second degree, tried in the district court for that county before Olsen, J., who at the close of the testimony denied his motion for a directed verdict, and a jury which found defendant guilty. From an order denying his motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Beltrami county charged with the crime of perjury, tried in the district court for that^ounty before McClenahan, J., and a jury, and found guilty as charged in the indictment. Defendant’s motion for a new trial was denied. From the judgment and sentence, defendant appealed.

Action in the district court for St. Louis county to recover a balance of $47,083.32 under a contract for the sale of certain iron ore.

Action in the district court for Becker county to recover $1,173.67 upon a written contract. The case was tried before Nye, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict in its favor, and a jury which returned a verdict in favor of defendant. Prom an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $5,639.09 and enforce a mechanic’s lien for the same. The case was tried before Cant, ■ J., who made findings and as conclusions of law ordered judgment in favor of plaintiffs and certain defendants that the total judgment constitute a lien upon the undivided interest of Earl Wright in the premises and that interest be sold to satisfy the judgment.

Action in the district court for 'Chisago county to recover $5,065 for personal injuries. The separate answers alleged contributory negligence on the part of plaintiff.

Upon the relation of Albert Gendler the supreme court granted its writ of certiorari directed to the district court for Blue Earth county and the Honorable W. L. Comstock, judge thereof, to review proceedings brought in that court under the compensation -act by William A. Beach-as employee, against relator as employer.

Action in the district court for Washington county to set aside the foreclosure of a real estate mortgage.

Walter Reiehel petitioned the district court for Waseca county for an order directing Florence Reiehel Kenning to show cause why the judgment in the matter of the adoption of Florence Reiehel Kenning should not be vacated. The court, Childress, J., vacated the judgment and granted leave to Walter Reiehel to appear and file objections to the. entry thereof. From the order vacating the judgment and order for judgment, Florence Reiehel Kenning appealed.

Action in the municipal court of Minneapolis to recover $389.53, the price of a carload of coal. The facts are stated in the first paragraph of the opinion. The case was tried before Montgomery, J., who made findings and ordered judgment in favor of plaintiff for $212.87. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $438.02 for loss of profits and demurrage charge on a shipment of hominy feed. The answer was a general denial. The case was tried before Montgomery, J., who made findings and ordered judgment in favor of plaintiff for the amount 'demanded. From an order denying its motion for a new trial, defendant appealed.

After the former appeal reported in 143 Minn. 45, 172 N. W. 884, the case was tried before Leary, J., who when plaintiff rested granted defendant’s motion to dismiss the action on the ground 'that plaintiff had wholly failed to adduce in evidence any facts sufficient to constitute a valid cause of action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Ramsey county to enforce specific performance of a contract to sell real estate.

Action in the district court for Jackson county to recover $8,000 for .false representations in the sale of certain real estate. The case was tried before Dean, J., who at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $7,200. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Steele county to amend the final decree in the estate of Prank Bruski, senior, rendered in the probate court of Steele county and to require defendants to execute the necessary deeds to vest -title to the described premises.

Action in the district court for Hennepin county to foreclose a mechanic’s lien. The case was tried before Bardwell, J., who made findings and as conclusions of law ordered judgment in favor of plaintiff; that the judgment be a specific lien against the premises, subsequent and inferior to the claim of defendant State Institution for Savings, and that they be sold to satisfy the lien. From an order denying its motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $10,300 for injuries caused by the negligent use of defendant’s motor vehicle. The answer alleged contributory negligence on the part of plaintiff. 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 or dismissal of the action, and a jury which returned a verdict for $2,500.

Three actions in the district court for Hennepin county to foreclose mechanic’s liens were consolidated and tried together before Leary, J., who made findings and ordered judgments in favor of certain defendants, and a personal judgment in favor of plaintiff H. S. Johnson Company for $771.30 but that said judgment was not entitled to be decreed a specific lien against the premises.

Action in the municipal court of Minneapolis to recover $250 for destruction of personal effects. The case was tried before C. L. Smith, 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 tbe municipal court of Minneapolis to recover $250. Tbe answer specifically alleged that tbe $250 was paid to plaintiff by check -dated December 8, 1919. Tbe case was tried before Baldwin, J., who made findings and ordered judgment in favor of defendant. From the judgment entered pursuant to tbe order for judgment, plaintiff appealed.

Action in the district court for Ramsey county against Clarence B. Michel and others to recover $185,000. Defendants’ demurrer to the complaint was sustained, Michael, J. Plaintiff’s motion to amend the complaint was denied. From the judgment entered in favor of defendants, plaintiff appealed.

Action in the district court for Ramsey county to rescind a contract for exchange of real estate because of fraudulent representations. The answer alleged that prior to the commencement of the action defendants, in good faith, being in -possession of the property, placed valuable improvements thereon of the reasonable value of $3,000. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of defendants dismissing the action.

After the former appeal reported in 145 Minn. 119, 176 N. W. 178, the case was tried before Flaherty, J., who made findings and ordered judgment in favor of plaintiffs. From. the judgment entered pursuant to the order for judgment, defendants Mitton appealed.

Action in the district court for Ramsey county to recover $2,550 for breach of contract in failing to build a certain railroad., The case was tried before Dickson, J., who made findings and ordered judgment in favor of plaintiff for $2,300. From an order granting defendant’s motion to vacate the judgment and denying plaintiff’s motion for leave to reargue that motion, plaintiff appealed.

From an order of the district court for Hennepin county, Leary, J., requiring Iver C. Nelson to pay over $175 to his client, he appealed.

In the probate court for Rice county, John B. Carlaw, heir at law, ■William W. Pye and J. G. Schmidt, special administrators, filed objections to the admission of the will of George W. Murphy, deceased, to probate on the grounds set out in the second paragraph of the opinion. From an order disallowing the will, Anna D. Burns appealed to the district court for that county.

Action in the district court for Douglas county to recover $45,000 for personal injuries. From an order, Roeser, J., denying its motion to set aside the service of summons, defendant appealed.

Upon the relation of Frank Nemec the district court for Hennepin county granted its writ of habeas corpus directed to respondent as sheriff of that county. The matter was heard by Leary, J., who quashed the writ and remanded relator to the custody of respondent. From the order quashing the writ, relator appealed.

' Action in the district court for Renville county to recover $380 as commission on the, sale of a farm. The case was tried before Daly, J., and a jury which returned a verdict in favor of defendant. From an order steting aside the verdict and granting plaintiff a new trial, defendant appealed.

Stanley Gates & Company obtained from the supreme court an order directed to the district court for Becker county, the Honorable William L. Parsons, judge thereof, and the clerk thereof, to show cause why a peremptory writ of mandamus should not issue directing the officers above named to transfer the files and papers in the case of relator against the First National Bank of St. Paul from the district court for Becker county to the district court for Ramsey county.

From an order of the district court for Waseca county changing the venue of the action from Waseca county to Hennepin county, plaintiff appealed. Respondent moved to dismiss the appeal on the ground that the order was not appealable.

Action in the district court for Marshall county to locate and establish a boundary line between two farms. The answer alleged that on or about October 10, 1919, the parties agreed to employ Irving E. Quist, county surveyor of Marshall county, to survey the lands owned by them and locate the boundary line between them, that he did this, and that defendant erected a fence upon said line.