Volume 149 — Minnesota Reports

Upon the relation of Swift & Company, the supreme court granted its writ of certiorari directed to the district court for Ramsey county and the Honorable Hugo O. Hanft, one of the judges thereof, to review the judgment in that court in proceedings brought under the Workmen’s Compensation Act by Mary Hinchuk, widow of Alex Bush,' employe, against relator employer.

After the former appeal reported in’ 142 Minn. 326, 171 N. W. 930, the case was tried before Dean, J., and a jury, and defendants were found guilty as charged in the indictment. From an order denying their motion for a new trial, defendants appealed.

Action transferred to the district court for Martin county to recover $803.29 for breach of contract. The case was tried before Dean, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From the order denying plaintiff’s motion for judgment in favor of plaintiff notwithstanding the order for dismissal, or for a new trial, plaintiff appealed.

After the former appeal reported in 145 Minn. 312, 177 N. W. 350, defendant’s motion for an order permitting her to amend her answer; and grantng her a new trial, and her motion to reconsider said motion and set 'aside the court’s order thereon, was denied, Dickson, J. From the orders denying these motions, defendant appealed.

Action in the district court for Winona county for restoration of rights under a certain contract, for a permanent injunction restraining defendant from continuing a millinery establishment other than one managed and conducted by plaintiff, as .in said contract provided, and for $5,800 damages. The case was tried before Childress, J., who made findings.

Action in the district court for Houston county to recover $30,000 for slander. Defendant demurred to the complaint on the ground that it did not set forth facts sufficient to constitute a cause of action. The demurrer was overruled, Catherwood, J. From the order overruling the demurrer, defendant appealed.

Defendant ivas indicted by the grand jury of Olmsted county charged with the.crime of grand larceny in the second degree, tried in the district court for that county before Callaghan, J., and a jury, and found guilty of petit larceny. When the state rested, defendant’s motion for a direeted verdict and his motion to dismiss the action were denied. Defendant’s motion for judgment notwithstanding the verdict or for a new trial, was denied.

Action in the district court for Steele county to recover $1,100 upon a promissory note. The amended answer alleged that without defendant’s knowledge or consent plaintiffs released their right to collect the note out of the assets of the Ellendale Mercantile Company.

Action in the district court for Kamsey county to recover $1,000 upon defendant’s beneficiary certificate. The defense is stated in the third paragraph of the opinion. The case was tried before Haupt, J., and a jury which returned a verdict in favor of plaintiff. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action, in the district court for Hennepin county to adjudge the conveyance described at the beginning of the opinion null ’and void and the property described therein a part of the estate of the bankrupt. The case was tried upon stipulated facts before Molyneaux, J., who made findings and ordered judgment dismissing the action with prejudice. From the judgment dismissing the action, plaintiff appealed.

Action in the district.count for Blue Earth county to recover $2,831.55 and to have the court direct that a second mortgage be assigned to plaintiff in the •amount of the judgment. The case was tried before Com-stock, J., and a jury which returned a verdict in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to recover' $10,000 for false imprisonment. The ease was tried before Fish, J., who at the close of the testimony denied defendants’ motion for a directed verdict in their favor, and a jury which returned a verdict for $80, and costs and attorney’s fees, against defendants Michael Johannes and J. P. Gleason. The motion of defendants Johannes and Gleason for judgment notwithstanding the verdict was granted.

Action in the municipal court of Minneapolis against Charles L. Drake and Boyal Indemnity Company, surety on his bond, to recover $545 balance alleged to be due for support of plaintiff, his wife. The motion of plaintiff for judgment on the pleadings was granted, Beed, J. From the judgment-entered pursuant to the order for judgment, defendants appealed.

Action, in the district court for St. Louis county to recover $2,000 upon a fire insurance policy. The defendant’s contentions are given in the first paragraph of the opinion.

Action in the district court for Carver county to recover judgment for $171.51, and foreclose a mechanic’s lien for the same. The case was tried before Tifft, J., who made findings and ordered that the action be dismissed. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Ramsey county to recover $2,000 for injuries received from falling upon an icy walk. The separate answers alleged negligence on the part of plaintiff. The case was tried before Hanft, J., who at the close of the testimony denied the motions of the Union Depot Company, Morris, Shepard & Dougherty and George J. Grant Construction Company, for directed verdicts, and a jury which returned a verdict for $650.

Action, in the district court for Kanabec county for specific performance of a contract. The answer of Pike-Horning Granite Company alleged that the contract of September 9, 1908, was null and void, for the reason that there was no mutuality of agreement expressed therein and that there was a total absence of consideration running to it. The case was tried before Searles, J., who made findings that defendants were entitled to judgment dismissing the action.

Action in the district court for Hennepin county to recover $50,000 for injuries received while employed as freight conductor on defendant railway. The answer 'alleged negligence on the part of plaintiff. The. case was tried before Molyneaux, J., and a jury which returned a verdict in favor of plaintiff for $30,000. Defendant’s motion for a new trial was denied. Erom the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Bolk county to recover $930 for services us nurse. The answer was a general denial. The ease was tried before Watts, J., who made findings and ordered judgment for $330. From an order denying its motion for amended findings and conclusions of law or for a new trial, defendant town appealed.

Action of ejectment in the district court for Ramsey county and to recover $200 damages for withholding the property and $40 for its use and occupation. The case was tried before Dickson, J., who made findings and ordered judgment in favor of defendants. 'Plaintiff’s motion for amended findings was granted in part. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for St. Louis county for a temporary injunction restraining defendant from violating the provisions of certain contracts and that defendant be adjudged specifically to perform the contracts. From an order granting plaintiff’s motion for a temporary injunction during the pendency of the action, Dancer, J., defendant appealed.

Action of ejectment in the district court for Hennepin county and to recover $12,000 damages. The case was tried before Bardwell, J., who directed a verdict in favor of defendants. Plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Stevens county to determine adverse claims to certain vacant and unoccupied real property. The case was tried before Flaherty, J., who made- findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendants appealed.

Upon the relation of J. S. Saari and others the supreme count granted its writ of certiorari directed to the State Securities Commission to review its order denying the application of relators for a certificate authorizing a bank to transact business in the village of Gilbert.

Actiou for divorce in the district court for Steele county. The case was tried before Childress, J., who made findings and granted plaintiff absolute divorce. From an order denying defendant's motion to set aside the judgment of divorce and for-leave to answer, defendant appealed.

Action in ejectment in the district court for Swift county and to recover $800 for rents and profits, use and.occupation of the property. Defendant in its answer alleged that there was a prior action pending involving the same issues. The ease was tried bef ore Qvale, J., who at the close of the testimony denied motions by both parties for a directed verdict, and a jury which returned a verdict that plaintiff was owner of the property and for $500 for its use and occupation.

James B. Pennington and Peter Rauslange were indicted by the grand jury of Anoka county charged with the crime of murder in the first degree, tried in the district court for that county before Giddings, J., and a jury and convicted of murder in the second degree. From an order denying their motion for a new trial, defendants took separate appeals. Affirmed as to defendant Rauslange.

After the former appeal reported in 133 Minn. 439, 158 N W. 700, the case was tried before Comstock, J., who denied defendant’s motion for dismissal of the action and granted plaintiff’s motion for a directed verdict in his favor for $1,197. From an. order denying its motion for judgment notwithstanding the verdict or for a- new trial, defendant ap-' pealed.

Action in the district court for Hennepin county to recover $1,000 upon defendant’s insurance policy. The case was tried before Fish, J., who when plaintiff rested and at the close of the testimony denied defendant’s'motion for a directed verdict and a jury which returned a verdict for $1,080. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Cass county to recover $75.34. Judgment 'by default was entered against defendant. The motion of defendant, appearing specially for that purpose, to vacate the judgment on the ground that the court had not acquired jurisdiction of the defendant, was granted. From the order setting aside the judgment, plaintiff appealed.

Defendant was indicted by the grand jury of Anoka county charged with the crime of grand larceny in the first degree, tried in the district court for that county before Giddings, 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 cancel a certain sale of stock and to recover $5,060. The case was tried before Bardwell, J., who made findings of fact as narrated in the opinion, and ordered judgment in favor of defendants. From an order denying her motion for amended findings and conclusions or for a new trial, plaintiff appealed.

Defendant was indicted by the grand jury of St. Louis county charged with the crime of an attempt to commit rape. Defendant’s demurrer to the indictment was overruled. On the trial before Watts, J., and a jury he was convicted of assault in the third degree. His motion for acquittal and absolute discharge was denied. From the judgment entered pursuant to the verdict, defendant appealed,

Action in the district court for Jackson county to cancel an executory contract' for the sale of land. The answer alleged that about a week •after defendant bad purchased the land he resold it to one P. S. Silly and that he was no longer the owner thereof.

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

Adam Bauchle and others gave notice of appeal and contest against Christ Johnson from the canvass of votes at the election for county commissioner in the Fourth commissioner district of Jackson county in November, 1920. by which Christ Johnson was declared duly elected commissioner. The matter was heard before Dean, J., who made findings and ordered judgment in favor of Adam Bauchle.

Hpou the relation of Clifford L. Hilton, Attorney General, the supreme court granted its writ of certiorari directed to the probate court of Swift county, Edwards, J., to review the action of that court in the matter of inheritance taxes due the state from the estate of Thomas Boutin, deceased.

From an order of the Railroad and Warehouse Commission fixing the commissions to he charged by any live stock commission merchant at any public stock yard for the buying and selling of live stock, Rogers & Rogers appealed to the district court for Dakota county. The matter was heard by Converse, J., who vacated the order of the commission. From an order denying its motion for a new trial, the state appealed.

Action in the district court for Ramsey county to recover $457.36 against A. F. Boorman and to foreclose a mechanic’s lien for the same. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in. favor of plaintiff. From the order, as amended, denying its motion for amended findings and conclusions or for a new trial, Hennepin Lumber Company appealed.

Action in the district court for Blue Earth county to recover $1,775 for breach of contract. The facts are stated in the opinion. The case was tried before Comstock, J., who when plaintiff rested denied defendant’s motion for dismissal and at the close of the testimony his motion for a directed verdict, and plaintiff’s motion for a directed verdict.

Action in the district court for Itasca county to recover $400 for loss caused by defendant’s negligence. The case was tried before McClenahan, J., who when plaintiff rested granted defendant’s motion to dismiss the -action. From an order denying his motion for a new trial, plaintiff appealed.

= Action in the district court for Blue Earth county to recover $2,500 upon an indemnity bond. The case was tried before Comstock, J., and a jury which returned a verdict for the amount demanded. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

• Action in the district court for Nobles county for specific performance of an agreement to sell land. The case was tried before Nelson, J., who when plaintiff rested denied defendants’ motion to dismiss the action, made findings and ordered judgment in favor of plaintiff. Prom the judgment entered pursuant to the order for judgment, defendants appealed.

Action in tbe district court for Hennepin county to recover $2,383 for compensation payments required of plaintiff because of the negligence of defendant’s motorman. Defendant’s motion to dismiss the action on tbe pleadings* on the grounds that the same did not state a cause of action against defendant and was prematurely brought, was granted, Hale, J. From the judgment dismissing the action, plaintiffs appealed.

r 'Action in the district court for Hennepin county to recover a broker’s commission of $640. The case was tried before' Pish, J., who at the close of the testimony denied plaintiffs’ motion for a directed verdict, and a jury which returned a verdict for the amount demanded. From an order denying his motion for a new trial, defendant appealed.

Action in tbe district court lor St. Lords county by the daughter of James P. Miles, deceased, to recover $3,000 for the death of her father.

Action in the district court for Blue Barth county for divorce, custody of child and alimony. The case was tried before Comstock, J., who made findings refusing the divorce and granting the custody of the child as stated in the first paragraph of the opipion. Plaintiff’s motion for amended findings was granted in .part and her motion for a new-trial was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

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

Action in the district court for Ramsey county to recover $422.28. From an order, Hanft, J., denying his motion to vacate the judgment and for leave to answer, defendant appealed.

Action in the district court for Carver county to recover $1,036.83, balance due on the price of merchandise. The facts are stated in the opinion. The case was tried before Tifft, J., who at the close of the testimony granted plaintiff’s motion for a directed verdict. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

In the above entitled matter Anna Fitzpatrick, owner, filed objections. The matter was tried in the district court for St. Louis county before Nelson, J., who made findings and affirmed the order of condemnation of the state fire marshal. The owner’s motion for a new trial was denied. From that order and from an order denying her motion for a new trial, she appealed.

Action, in the district court for Winona county by the father of Carl Hunda to recover $18,000 for injuries to his minor son. The case was tried before Callaghan, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and directed a verdict in favor of plaintiff, leaving to the jury the question of damages only, which returned a verdict for $5,000.

Action in the district court for St. Louis county to recover $7,080 for destruction of property caused by fire from defendant company’s locomotive.

Action in the municipal court of St. Paul to recover $500 for injuries received while a passenger in defendant’s street car. The answer alleged plaintiff’s negligence. The case was tried before Boerner, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $200. 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. The facts will be found in the opinion. The motion of plaintiff for the abatement of the action brought by Duxbury & Bissell until a final determination of the action begun by John D. Greathouse, was granted by Haupt, J., and the former action dismissed without prejudice! From the judgment of dismissal, entered pursuant to that order, defendant company and Duxbury & Bissell took separate appeals.

Action of ejectment in the district court for Hennepin county and to recover $1,428 for rent of the premises. The case was tried before Hale, J., who made findings as set out in the opinion and ordered plaintiffs to convey the premises to Caroline Peterson within 30 days, upon payment to plaintiffs of $575.03, and that if plaintiffs should refuse proper conveyance by quitclaim deed, then the judgment should stand as a conveyance of the property.

Action in the district court for McLeod county to recover $1,000 upon two promissory notes. The defenses interposed are given in the second paragraph of the opinion.

Action in the municipal court of Minneapolis to recover $953.84 for breach of warranty in the sale of a tractor. The case was tried before Baldwin, J., and a jury which returned a verdict for $90. From an order granting a new trial, plaintiff appealed.

From an order of the county board of Benton county denying a petition for the enlargement of district No. 5 of Steams county, Linton L. Sartell, treasurer of that school district, appealed to the district court for Benton county, on the grounds that best interests of the territory affected required that that portion of school district No. 3 of Benton county, situated within the municipal limits of the village of Sartell in Benton county, should be separated from school…

Action in the district court for Winona county for a decree to compel defendant to disclose the amount of money or other property in his hands belonging to the estate, and to pay the same to plaintiff. The case was tried before Childress, judge of the Fifth judicial district sitting as judge of the Third ..judicial district, who made findings and dismissed the action. Plaintiff’s motion for amended findings was denied.

Action in the district court for Ramsey county to recover $6,308.84 upon a carload of beans. The Merchants National Bank of St. Paul was summoned as garnishee and disclosed in its- hands $2,810.60, which was claimed by -the Second National Bank of Saginaw, Michigan, by its complaint in intervention.

Action in the district court for St. Louis county to recover $50,000 for injuries received while a passenger in an automobile bus and caused by the negligence of defendants’ servants.

After the former appeal reported in 136 Minn. 343, 162 N. W. 448, the case was tried before Converse, judge of the First judicial district, 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 $23,500. From an order denying his motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $320 commission upon the sale of real estate. The answer alleged that the agreement with plaintiff was not effective until September 11, 1919. The case was tried before Montgomery, J., and a jury which returned a verdict for $312.50. From an order denying -his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

After the former appeal reported in 142 Minn. 428, 172 N. W. 693, the oase was tried before Fish, J., who at the close of the testimony denied defendant company’s motion for a directed verdict, and a jury which returned a verdict for $24,372.18. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant company appealed.

Action in the district court for Ramsey county to recover $312.50 on a promissory note. The facts will be found in the opinion. The case was tried before Olin B. Lewis, J., and .a jury which returned a verdict for $356.45. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $3,150 damages for failure to make repairs, alterations and improvements upon a certain building. The case was tried before Childress, J., who when plaintiffs rested denied defendant’s motion for dismissal of the action and at the close of the testimony defendant’s motion for a directed verdict, and a jury which returned a verdict for $944, and answered certain questions as stated in the opinion.

In the matter of the estate of Marion Douglas, deceased, May E. Liedel and Edward O. Liedel appealed from the final decree of the probate court for St. Louis county to the district court for that county. The appeal was heard by Feslér, J., who affirmed the decree of the probate court. From the judgment affirming the final decree, May E. Liedel and Edward C. Liedel appealed.

Action in the district court íot Ramsey county to recover $2,568.82 on a contract guaranteeing the prompt payment at maturity o'f a eertain certificate of deposit. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment in favor of plaintiff for $1,937.99 and interest. From an order denying plaintiff’s motion for amended findings and from an order granting defendant’s motion for .a new trial, plaintiff appealed.

Action in the district court for Hennepin county for absolute divorce, alimony and for other relief. The case was tried before Hale, J., who made findings, ordered judgment in favor of .plaintiff and awarded her certain property. From the decree entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county for absolute divorce. The case was tried before Jelley, J., who made findings that plaintiff was not entitled to a divorce, but that he pay defendant $65 monthly for her maintenance and support. From an order denying his motion for amended findings and conclusions or for a new trial, plaintiff appealed.

Action in the district court for Roseau county to recover $354 for conversion of certain timber and bridge material. The case was tried before Watts, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, the substituted township appealed.

Action in the district court for Becker county to recover $490.36 for money had and received. Defendant’s demurrer to the amended complaint on the ground that it did not state facts sufficient to constitute a cause of action, was sustained by Parsons, J. Prom the order sustaihing the demurrer, plaintiff appealed.

Upon the relation of Mathew Elms the district court for Hennepin county granted its writ of habeas corpus directed to Earle Brown as sheriff of that county. From an order, Jelley, J., quashing the writ and remanding relator to the custody of respondent, relator appealed.

Action in the district court for Hennepin county to recover $3,165.01 for professional services and disbursements. The case was tried before Jelley, J., and a jury which returned a verdict for. $2,665.01. From an order denying his motion for a new trial, defendant appealed.

Upon the relation of plaintiffs tbe supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable Daniel Pish, judge thereof, to review the judgment of that court dismissing proceedings brought under the Workmen’s Compensation Act by the parents of Willard C. Pushor, employe, against American Rahway Express Company, as employer.

Action in the district court for Hennepin county to recover $5,000 for slander. 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 his motion for a new trial, plaintiff appealed.

Action in the district court ior Hennepin county to cancel two deeds on the ground that they had been obtained through undue influence and fraud and to have the title to the real estate confirmed in plaintiff. The 'facts are stated at the beginning of the opinion.

Upon the relation of Carl TJ. Nelson the district court o-f Hennepin county granted its writ of certiorari directed to the Board of Public Welfare of the City of Minneapolis to review the action of that board in discharging relator from the position of inspector of foods. The matter was heard by Dickinson, J., who granted respondents’ mo- . tion to quash the writ. From the judgment entered quashing the writ, relator appealed.

Action in ejectment in the district court for Douglas county, and to recover $100 damages for withholding the premises. The case was tried before Parsons, J., who made findings and ordered judgment in favor of plaintiff. From an order denying his motion to open the judgment and for leave to defend, defendant appealed.

Action in the district court for Hennepin' county to recover $1,500 as commission on sale of real estate. The case was tried before Fish, J., and a jury which returned a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

In the above entitled matter the owner filed objections in the district court for Ramsey county. The matter was heard by Michael, J., who made findings sustaining his objections and ordered that the assessment on the real estate be reduced from 40 to 33J^ per cent of its value, and reduced the tax in accordance therewith. The motion of the state to amend the findings was denied. From the order denying its motion for a new trial, the state appealed.

Proceeding tinder the Workmen’s Compensation Act. The history of the case will be found at the 'beginning of the opinion.

Hpon the relation of Grace D. Meldrum the supreme court granted its w-rit of certiorari directed to the probate court for Norman county and the Honorable Oscar H. Bakke, judge thereof, to review proceedings in that court determining the amount of inheritance tax due to the state from relator on account of her share in decedents estate.

After the former appeal reported in 140 Minn. 295, 168 N. W. 16, the case was tried before Giddings, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and submitted to the jury the special questions mentioned in the third paragraph -of the opinion, made findings and ordered judgment in favor of plaintiff as stated in the opinion. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $815 on a policy of burglary insurance. The case was tried before Molyneaux, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $784. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $20,000 for injuries received when an automobile truck ;driven by plaintiff came into collision with defendant’s street car. The ease was tried before Leary, 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 $750. .

Action in the district court for Ramsey county to recover $17,1.00. The facts will he found in the opinion. The case was tried before Dickson, J., who before the introduction of testimony denied defendant’s miotion to dismiss the action because the complaint was on an implied agreement to pay $100 a day when the action was clearly one on an express agreement, and at the close of the testimony, directed a verdict in favor of defendant..

■ Aotiou in the district court for Pennington county to recover $60 for two months’ rent and $380 for the damaged condition of the premises when surrendered. The case was tried before Grindeland, J., who made findings and ordered judgment in favor of plaintiff for $318.20. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to enforce defendant’s constitutional liability as stockholder in the insolvent corporation. The case was tried before Fish, J., who when plaintiff rested denied defendant’s motion for dismissal and his motion for a directed verdict and granted plaintiff’s motion for a directed verdict. Defendant’s motion for judgment notwithstanding the verdict or for a new trial, was denied.

Action in the municipal court of Minneapolis to recover $300 upon a check certified by defendant. From an order C. L. Smith, J., granting defendant’s petition to pay the money into court, and directing the payee of the check to interplead and vacating the judgment entered 'by default, plaintiff appealed.

Action in the district court for Hennepin county to recover $2,176.03 for misrepresentations in the sale of an ice machine and to cancel promissory notes given defendant therefor. The case was tried before Molyneaux, J., who directed a verdict in favor of defendant for $347.35. From an order granting plaintiff’s motion for a new trial exclusively upon errors occurring at the trial, defendant appealed.

Eli Southworth, as a member of the State Board of Law Examiners, filed a complaint against Thomas Mohn on account of the latter’s conduct as an attorney at law in violation of his duty and for wilful misconduct in his profession.

■Action in the district court for Polk county to recover possession of certain premises; $100 damages for withholding the same; $25 per month for use and occupation thereof and to cancel deeds and their record as a cloud on plaintiffs’ title. The case was tried before Watts, J., who made findings and ordered judgment in favor of plaintiffs that defendants are entitled to retain possession of the church on the condition stated at the top of page 383, infra.

Action in the district court for Le Sueur county to set aside a decree of the probate court for that county. The facts are stated in the opinion. The case was tried before Tifft, J., who made findings and ordered judgment in favor of plaintiff. From an order denying the motion of the substituted defendant for a new trial, he appealed.

Action in the district court for Pine county to cancel a contract for the sale of land for fraud and to recover $1,000. The case was tried before Molyneaux, J., who made findings and ordered judgment in favor of plaintiffs, canceling the contract and for $2,000. From the judgment entered pursuant to the order for judgment, John Both appealed.

Herbert S. Gates filed objections in the probate court for Winona county, to the allowance of the will of George L. Gates, deceased. After ■hearing, the court, Looby, J., disallowed the probate of the will. From the order of disallowance, Lewis G. Gates and B. A. Man appealed to' the district court for that county. The appeal was heard by Callaghan, J., who made findings and reversed the order of the probate court.

Acticm in the municipal court of Duluth to recover $500. The facts are given in the opinion. The case was tried before Eunck, J., who when plaintiff rested denied defendant’s motion to dismiss, and a jury which returned a verdict for $400. Defendant’s motion for judgment notwithstanding the verdict or for 'a new trial, was denied. From the judgment entered pursuant to the verdict defendant' appealed to the district court for that county.

Action in the district court for McLeod county to recover rent under a farm lease. The answer set up a counterclaim and demanded judgment for $87. The case was tried before Tifft, J., and a jury which returned a verdict for $613. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $25,000. Defendant appeared specially and its motion to vacate the service of summons was granted, Michael, J. From the order vacating the summons, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,066.85 damages to a carload of flour while in transit. The case was tried before Molyneaux, J., who made findings and ordered judgment in favor of plaintiffs for $1,176.63. Defendant’s motion for additional findings was granted and his motion to amend the findings was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Defendant was tried before Montgomery, J., in the municipal court of Minneapolis and convicted of the offense of keeping his photograph studio open for public patronage on what is commonly called the Sabbath' day. Defendant’s motion for a new trial was denied. From the judgment of conviction, defendant appealed.

In the matter of personal property taxes levied against defendant corporation -for the year 1918 in the city of Two Harbors and townsite of Knife River, Lake county, the company answered, praying that the taxes and penalties be set aside and defendant be released from all obligation therefor. The matter was heard before Fesler, J., who made the findings and conclusions mentioned in the fourth paragraph of the opinion.

From an order of the county board of Crow Wing county reversing its order attaching certain territory of District No. 67 to Consolidated School District No. 41, the latter district -appealed to the district court for that county. The appeal was heard by McClenahan, J., who made findings and dismissed the appeal. From an order denying its motion for -a new trial, School District No. 41 appealed.

Action in tlie district court for Yellow Medicine county to recover $400 commission on a sale of land. Plaintiff’s motion for judgment on the pleadings was granted, Daly, J. From the judgment entered in favor of plaintiff, defendant appealed.

Action in the district court for St. Louis county to recover $15,000 for alienation of wife’s affection. The answer was a general denial. From orders, Maguey, J., denying his motions to set aside the attachment and for a rehearing of motion, defendant appealed.

Action transferred to the district court for McLeod county to recover $7,500 for the death of plaintiffs intestate. The ease was tried before Tifft, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that the testimony failed to show that the accident was due in any way to the negligence of the defendant, and a jury which returned a yerdici for $3,000. From an order denying its motion for a new trial, defendant appealed.

Upon the relation of Emma Harris the supreme court granted its writ of certiorari directed to the district court for Bice county and the Honorable Arthur B. Childress, judge thereof, to review proceedings in that court brought under the Workmen's Compensation Act by relator, widow of Ered Harris, employe, against J. H. Haul, employer.

Defendant was indicted by the grand jury of Bine Earth county charged with the crime of carnally knowing and abusing a female child under the age of 18 years, plead guilty to the crime of attempting to commit the crime charged and on motion of the county attorney adjudged guilty and sentenced by Comstock, J. From the judgment of the court, defendant appealed.

Upon the relation of Ruth Platzer the district court for Hennepin county granted its writ of habeas corpus directed to R. W. Beardsley and Sadie Beardsley for the possession of-relator’s infant child. The court, Jelley, J., made findings and ordered that the child be returned to her motheT. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court, for St. Louis county to recover $230,000 royalty on two million tons of ore and for an accounting. Defendant’s demurrer to the complaint was overruled. The case was tried before Dancer, J., who made findings and ordered judgment in favor of plaintiff for $2,623.43.

Action transferred to the district court for Goodhue county to recover $6,000 on defendant’s liability as stockholder in an insolvent corporation. The case was tried before Johnson, J., who made .findings and ordered judgment in favor of defendant. Plaintiff’s motion for amended findings and conclusions was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Tbe former appeal by ■defendant from the denial of a new trial is reported in 147 Minn. 240, 180 N. W. 102. Defendant’s motion for judgment for $5,000, notwithstanding the verdict for $886,94, was denied. From the judgment entered on the verdict, plaintiff appealed.

Action in the district court for Hennepin county to recover $1,008 damages for breach of contract in sale of carload of flour. The answer alleged that the flour was in all respects the kind and grade agreed to be delivered. The case was tried before Fish, J., .and a jury which returned a verdict in favor of defendant. From an order denying its motion for a new trial, plaintiff appealed.

Upon the relation of the Chicago, Burlington & Quincy Eailroad Company and the Chicago, Eoek Island & Pacific Eailroad Company, the district court for Hennepin county granted its writ of certiorari directed to the probate court for that county and the Honorable John A. Dahl, judge thereof, to review the order of the probate court denying relators’ petition for an order revoking and annuling special letters of administration and vacating proceedings in that court on the…

Action in the district court for St. Louis county to recover $1,100 for the loss of 25 carbic lights by defendant. The answer alleged that under the terms of the bill of lading claims for loss must be made in writing to the originating or delivering carrier within four months and that no such claim having been made defendant was released from all liability of any sort. The case was tried before Dancer, J., who made findings and dismissed the action on the merits.

Action in the district court for Sibley county to recover $715 broker’s commission on the sale of land. The case was tried before Tifft, J., who at the close of th'e testimony denied plaintiff’s motion for a directed verdict, -and a jury which returned a verdict for $715. From an ordei denying their motion for a new trial, defendants appealed.

Action in the district court for Ramsey eopnty to construe a contract and to determine the rights of the parties under it and for other relief.

Action in the district court for Rice county to recover $50,000 for malpractice. Defendant’s demurrer to the complaint was overruled, Childress, J. From the order overruling the demurrer, defendant appealed.

Action in the district court for Ramsey county to recover $14,484.27. The ease was tried before Dickson, J., who made findings and ordered judgment in favor of plaintiff for $7,301.92. From the judgment entered pursuant to the order for judgment both parties appealed.

<p>Action in the district court for Stevens county for specific performance of a contract and to recover $10,000. The case was tried before Flaherty, J., who made findings as stated on page 490, infra, and directed judgment as stated on the same page. From an order denying his motion to amend the findings and conclusions or for a new trial, Samuel J. Buttell appealed.</p>

Action in the district court for St. Louis county to recover $4,800 damages to plaintiffs’ motor truck caused by the negligent operation of defendant’s passenger train. The answer alleged negligence on the part of the driver of the truck. The case was tried before D'ancer, 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.

Action in the district court for Dodge county for an accounting and to recover $154.50. The case was tried before Childress, J., who made findings and ordered judgment in favor of plaintiff for $463.35. From an order granting plaintiff’s motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $15,000 for injuries received in a collision with an automobile. The answer was a general denial. The case was tried before Leary, J., and a jury which returned a verdict for $2,500. From an order denying his motion for a new trial defendant appealed.

Action in the district court for Hennepin county to recover $6,545.90. The case was tried before Waite, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

After the appeal reported in 145 Minn. 395, 177- N. W. 635, the matter of receiver’s compensation and that of attorney’s fees were submitted to Dickinson and Jelly, JJ., and fixed by them. From orders appointing a receiver, directing a sale of the property, allowing the receiver’s final account, fixing his fees and those of his attorney, and refusing to vacate the order for the sale of the property and allowing the receiver’s claim, intervener Melin- appealed.

Action in the district court for Ramsey county to recover $666.67, one-third of the profits due plaintiff under a partnership agreement relating to a sale of land. The case was tried .before Michael, J., and a jury which returned a verdict for $679. From an order denying his motion for a new trial, defendant appealed.