Volume 150 — Minnesota Reports

Upon the relation of the Monitor Stove Company -the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable Charles S. J elley, one of the judges thereof, to review the proceedings of that court in an action brought under the Workmen’s Compensation Act, by Pauline Stansberry, widow of Frank J. Stansberry, employe, and others against relator, employer.

Hpon the relation of Ethel Elizabeth Spratt the district court for Hennepin county granted its writ of habeas corpus directed to Charles N. Spratt. The matter was heard by Waite, J., who ordered that the minor children be delivered to relator. From the order restoring the children to relator, defendant appealed.

Action in the district court for St. Louis county to restrain defendants from making certain amendments in the constitution and by-laws of the Danish Brotherhood in America. An application for a temporary injunction was! denied. Defendants’ demurrers to the amended complaint were overruled, Dancer, J. From the order overruling the demurrers, defendants appealed.

Action in the district court for Hennepin county to recover $7,068.01 and for an accounting. Defendants’ demurrers to the complaint on the ground that several causes of action were improperly united and that the complaint did not state facts sufficient to constitute a cause of action, were overruled. The case was tried before Hale, J., who made findings and ordered judgment in favor of plaintiffs. From the order denying their motions for a new trial, defendants appealed.

Upon the relation of P. A. Hilbert and others the district court for Mahnomen county granted its writ of certiorari directed to the probate court for that county, to review the action of that court, Eeck, J., in awarding the custody of minor children to their mother and terminating the guardianship of the state board of control. From an order, Grindeland, J., discharging the writ, the state appealed.

Action in the district court for Redwood county to set aside an ante-nuptial contract. The ease was tried before Olsen, J., who made findings and ordered that the contract be set aside. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Benton county to recover $87.78 balance due for goods sold and delivered. Defendant’s motion to dismiss the action was denied. The case was tried before Boeser, J., who at the close of the testimony denied motions for directed verdicts, and a jury which- returned á 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.

In the matter of the application of the Duluth & Northern Minnesota Railway Company for permission to abandon and close its railway for traffic, the attorney general appealed to the -district court for Lake county from an order of the Railroad and Warehouse Commission authorizing the company to abandon its road and close it to traffic on and after April-1, 1931.

Action transferred to the district court for St. Louis county to recover $7,460 for destruction of property by fire caused by locomotives of the Great Northern Railway Company. The case was tried with others before Cant, Hughes, Dancer, Fesler and Freeman, sitting en banc. The court, Cant, J., made findings and as conclusions of law ordered judgment in favor of plaintiff for $7,400. Defendant’s motion to amend the findings was denied.

Action in the district court for Pennington county to enjoin the performance of a certain paving contract. The facts are stated in the opinion. The matter was heard by Grindeland, J., who made findings that all proceedings leading up to the execution of the contract for the paving were in accordance with law, denied the application of the intervener for a temporary injunction and dismissed the action both on the part of the plaintiff and the intervener on the merits.

Action in the municipal court of Minneapolis to recover $557 overpayment upon a contract. Defendant counterclaimed as stated in the first paragraph of the opinion. The case was tried before Montgomery, J., and a jury which returned a verdict for $400.56 in favor of defendant. Prom an order denying their motion for a new trial, plaintiffs appealed.

Action in conversion in the municipal court of Minneapolis to recover $56.47 for delivery of merchandise without' presentation of the order bill of lading. The case was tried 'before Baldwin, J., who made findings as set out in the first paragraph of the opinion and ordered judgment in favor of plaintiff for $50.05. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Meeker county to recover $1,038.91 upon a promissory note. The facts are stated in the opinion. The case was tried before Daly, J., who at the close of the testimony when both parties rested denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict in favor of defendant. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Bamsey county to recover $10,000 for the death of plaintiff’s minor son. The answer alleged that any injury received by John Fransen arose from hazards which were open .and obvious to him. The case was tried'before Olin R. Lewis, J., who at the close of plaintiff’s case 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 Hennepin county to enjoin the state commissioner of education from malting any order and the county auditor from filing any order relating to the consolidation of certain school districts.

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

Action in the district court for Hennepin county to recover on an accident insurance policy. The case was tried before Hale, J., who at the close of the evidence denied defendant’s alternative motion for a directed verdict or dismissal, and a jury which returned a verdict for $8,337.50. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Rasmus Oen appealed to the district' court for Marshall county from an order of the county board of that county determining the amount of benefits to his land from the construction of ditch No. 33 on the ground that the benefits determined by the county board were in excess of the actual benefit to his land. The appeal was heard before Qrindeland, J., and.a jury which returned a verdict fixing the benefits per acre.

Action in the district court for Swift county to recover $2,600 as broker’s commission on a sale of land. The case was tried before Daly, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Swift county to recover $171.50 balance due for freight and demurrage on a carload of potatoes. Judgment by default was entered in favor of plaintiff. From the judgment entered purusant to the order for judgment, defendant appealed.

Hpon the relation of William Jaffa the district court for Ramsey county granted its writ of -habeas corpus directed to Henry Crepeau, Chief of Police of the city of St. Paul and the members of the State Board of Parole. From an order discharging relator from custody and restraining respondents from further interference with the person of relator, Kelly, J., respondents appealed.

Action in the district court for St. Louis county to-recover $17,300 for malpractice.

Cora Starring Henle petitioned the probate court for Hennepin county for the allowance of the last will and testament of her uncle, William Brewster, deceased. Mathilda Harrison, Nettie Harrison, Ada Starring and Sarah Sether, heirs at law and nieces of testator, filed objections to the allowance of the will. From the order of the probate court admitting the will to probate, Dahl, J., the contestants appealed to the district court for that county.

Action in the district court for Traverse county to recover $237 for injuries to plaintiffs property in a collision with defendant’s automobile. The answer denied that defendant attempted to drive to the left and to pass plaintiff on that side and alleged that plaintiff carelessly and negligently drove his team of horses on the south or left side of the highway and into defendant’s car.

Action in the municipal court of Minneapolis against the partners composing the Davis Chair Company to recover $590.35, the price of certain chairs. The answer set up a counterclaim for $63.40. The case was tried before C. L. Smith, J., who made findings and ordered judgment in favor of plaintiff for $563.85. Prom an order denying its motion for a new trial, Davis Chair Company appealed.

Upon the relation of C. R. Shaver the supreme court granted its writ of certiorari directed to the district court for Hennepin county and the Honorable Frank M. Nye, one of the judges thereof, to review the proceedings in that court under the Workmen’s Compensation Act brought by Helen A. Butch as employe, against relator as employer.

Action in district court for Pipestone county to recover $50,000.

In an action in the district court for Hennepin county to recover damages for personal injuries, George G. Stthes filed his complaint in intervention to recover $4,000 attorney fees. The matter was heard ¡by Molyneaux, J., who made findings and ordered judgment in favor of intervener Stthes, for $4,460. From an order denying his motion for a new trial, the substituted-defendant appealed.

Action in the district court for Aitkin county to subject defendant’s interest in certain life insurance policies to the payment of his debts. Defendant’s demurrer to the complaint on the grounds that the facts stated were not sufficient to constitute a cause of action and that it appeared on the face of the complaint that there was a defect of parties defendant was sustained by Stanton, J. From the judgment' entered in favor of defendant, plaintiff appealed.

Action in the district court for Nicollet county to reform a contract for the sale of land. The opinion states the facts. The case was tried before Olsen, J\, who made the findings mentioned in the third paragraph of the opinion. Defendants’ motion to amend the findings and conclusions or for a new trial, was denied. From the judgment entered pursuant to the order for judgment, defendants appealed.

Action in the district court for Wilkin county to recover $4,988.98 upon a judgment entered in the circuit court of La Salle county, Illinois. The defenses are- stated at the beginning of the opinion. Plaintiffs demurrer to parts of the amended answer was sustained, Flaherty, J. From the order sustaining the demurrer, defendant appealed.

After the former appeal reported in 145 Minn. 426, 177 N. W. 770, the case was tried before Dean, J., who when the parties reste'd denied plaintiff’s and intervener’s motions for directed verdicts and granted defendants’ motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Le 'Sueur county to recover $3,304.39, from defendant as surety on the bond of Moffatt & Herrick, damages sustained by the county for nonperformance of their contract for the construction of county ditch No. 38. The facts are fully stated in the opinion. The ease was tried before Tifft, J., who made findings and ordered judgment in favor of plaintiff.

Action in the municipal court of Mankato. The charge against defendant will be found at the beginning of the opinion. The case was tried before Goff, J., and a jury which found defendant guilty. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Blue Earth county to recover $2,500 on an indemnity bond. The case was tried before Comstock, J., who at the close of the testimony denied defendant’s motion for a directed verdict on the ground that plaintiff had fathed to prove facts sufficient to constitute a cause of action, and a juTy which returned a verdict for the amount demanded and interest.

Action in the district court for St. Louis county to recover1 damages in the sum of at least $500,000 and to restrain defendants from doing anything in furtherance of a sale of defendant village property or the removal of the village of Hibbing from its present location. The case was tried before Freeman, J., who made findings in favor of defendant and dissolved the temporary injunction.

Action in the district court for Marshall county to restrain defendant from trespassing and $300 treble damages. The case was tried before G-rindeland, J., who at the close of the testimony discharged the jury on the ground that if plaintiff was entitled to recover at all it would be only nominal damages, made findings and ordered judgment in favor of defendant. Plaintiff’s motion for amended findings or for a new trial was denied.

Action in the district court for Beltrami county to adjudge defendant the holder of the legal title of certain premises from the U. S. government in trust for plaintiff, and that he execute a deed thereof to her. The case was tried before MeClenahan, J., who made findings and ordered judgment in favor of plaintiff. From orders denying his motions for amended and additional findings and conclusions or for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Earibanlt county charged with the crime of carnal knowledge of a female child under'the age of 18 years, tried in the district court for that county before 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 Mower county to recover $1,350 damages for hooding plaintiff’s farm. The answer set up the statute of limitations. The case was tried before Catherwood, 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 $118.18. Defendant’s motion for judgment notwithstanding the verdict was denied.

Upon the relation of Common School District No. 19 of Mower county and others, the district court for that county granted its writ of certiorari to review the proceedings of the board of county commissioners changing the boundaries of certain school districts. The matter was heard by ’Catherwood, J., who quashed the writ. From an order affirming the order of the county board and quashing the writ, the relators appealed.

In the district court for Ramsey County the Pittsburgh Coal Company filed objections to a paving assessment. The matter was heard by Dickson, J., who made findings that the assessment was in all things conformable to law and the provisions of the charter of the city, and confirmed the assessment. From the judgment entered pursuant to the order for judgment, the Pittsburgh Coal Company appealed.

Action in the municipal court of Minneapolis to recover $275 as broker’s commission for selling real estate. 'The answer alleged that, before any satisfactory terms had been offered to defendant on behalf of any purchaser by the plaintiff, defendant canceled the agreement by notice that the property had been taken off sale and would not be sold on any terms.

Defendant was charged with the crime of keeping a house of ill-fame, tried in the municipal court of St. Paul before Finehout, J., and a jury, and found guilty as charged in the indictment. From the judgment and sentence defendant appealed.

Action in the district court for Waseca county to recover $7,500 for slander. The answer denied the slanderous words. The case was tried before Childress, J., and a jury which returned a verdict for $100. Defendant’s motion for judgment notwithstanding the verdict was denied, and on rehearing his motion fór a new trial was denied. From the judgment entered pursuant to the order for judgment, defendant appealed.

Actions in the district court for Sibley county, one to recover $10,000 for malpractice and the other to recover $445.95 for medical attendance, hospital fees and other expenses incidental to the treatment of plaintiff’s minor child. The answers alleged that the professional treatment was rendered with due skill and care. The cases were tried together before Tifft, J.,.and a jury which returned a verdict for $5,000 in the malpractice ease and for $400 in the other case.

Action, in the district court for Morrison county to recover $1,900 upon 11 promissory notes. Defendant in his amended answer set up a counterclaim for $3,650. The case was tried before Roeser, J., who at the close of the testimony denied defendant’s motions for a directed verdict and a jury which returned a verdict in favor of defendant for $1,-300. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Upon the relation of Steveu A. Trageser the supreme court granted its writ of certiorari directed to the district court for Lyon county and the Honorable I. M. Olsen; judge thereof, to review the proceedings in that court under the Workmen’s Compensation Act brought by dependent minor children of Christ N. Larson,- employe, against relator, as employer.

Action, in the district court for Wadena county to recover $7,500 for the death of plaintiff’s intestate. The answer alleged contributory negligence on the part of plaintiff’s intestate in failing to take proper care and precaution for her own safety before attempting to cross- and in failing-to use her senses of sight and hearing.

Action in the district court for Otter Tail county to recover $5,000 for leg’al services and to have the amount declared a lien upon certain shares of capital stock. The case was tried before Roeser, J., who made findings and ordered judgment in favor of plaintiff for $2,340. Defendant’s motion for a new trial was denied. From the judgment en-. tered pursuant to the order for judgment, defendant appealed.

Leonard Eriksson obtained from the district court for Waseca, Otter Tail county, an order directed to Iver J. Boyum and the Fergus Falls Woolen Mills Company to show cause why attorney’s fees amounting to $2,000 less $160 should not be paid to him by plaintiff. The matter was heard by Roeser, J., who made findings and ordered judgment for $3,250. Defendant’s motion to dismiss or to grant a new trial was denied.

Action in the district court for Chisago county to recover $11,000 for assault and battery. The case was tried before Searles, J., and a jury which returned a verdict for $4,000. From an order denying his motion for a new trial, defendant appealed.

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

Citation in the district court for Hennepin county to recover $7,150.-73 as personal property taxes fox the year 1919. The answer alleged that defendant’s property was of the value of $1,425 and no more. The matter was heard by Bardwell, .1., who made findings and ordered judgment for $30.73 against defendant. From an order denying its motion for a new trial, plaintiff appealed.

Two actions in the district court for Hennepin county, one to recover $1,200 for injuries received and expenses incurred because of a collision between plaintiff’s car and defendant’s automobile truck, and the other to recover $25,000 for injuries to plaintiff’s infant daughter.

Action in the district court for Hennepin county to recover $3,650 for fraudulent representations in the sale of land. Defendants’ demurrer to the amended complaint was sustained, Jelley, J. From the order sustaining the demurrer, plaintiff appealed.

Horatio S. Wood and Victor Wood, brothers of deceased, filed objections in the probate court for Lp Sueur county to the allowance of the last will of David Wood, deceased. From the order of the probate court admitting the will to probate, contestants appealed to the district court for that county. The appeal was heard before Olsen, judge of the Twelfth' judicial district, acting in the place of Tifft, J., and he made findings and affirmed the order of the probate court.

Action in the district court for Douglas county to recover $800 upon two promissory notes. The case was tried before Taylor, J., and a jury which returned a verdict for the amount demanded. From an order denying his motion for a new trial, O. R. Larson appealed.

Action in the district court for Ramsey county to recover $375 due on contract. The case was tried before Hanft, J., who when plaintiff rested denied defendant Neilsen’s motion to dismiss the action, made findings and ordered judgment in favor of plaintiff for the amount demanded. Prom an order denying his motion for a new trial, C. R. Wilkinson appealed.

Action in the district court for Chisago county to restrain defendant village officers from enforcing section 9 of a certain ordinance of the village of North Branch. Defendants’ demurrer to the complaint was overruled and the question presented by the. demurrer certified as important and doubtful, Searles, J. From the order overruling the demurrer, defendants appealed.

Action in the district court for Hennepin county. The facts are narrated in the first paragraph of the opinion. From an order, Leary, J., dismissing the garnishment proceedings, plaintiff appealed.

Action in the district court for Ramsey county to recover $5,000 for assault and battery. The case was tried before Hanft, J., who when plaintiff rested granted the motion of the Minor Realty Company to dismiss the action as against it, and at the close of the testimony denied . the motion of C. J. Minor for a directed verdict, and a jury which returned a verdict for $550.

Action in the district court for St. Louis county to cancel a mortgage on a homestead. The answer alleged the mortgage was procured through the false representation of Stanley Bozich. The case was tried' before Fesler, J., who made findings and ordered judgment in favor of defendant. From an order denying his motion for amended findings or for a new trial, Stanley Bozich appealed.

Action in the district court for Ramsey county to recover $5,000 for injuries received while in the employ of defendant. The answer specifically denied that plaintiff was injured while engaged in interstate commerce and denied that at the time he was performing any service for defendant.

Defendant was charged with the offense of maintaining a maternity hospital without first obtaining a license so to do, tried in the municipal court of St. Paul before Einehout, J., and found guilty as charged. From an order denying its motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Bamsey county charged , with murder in the first degree, tried in the district court for that county before Brill, J., and a jury, and found guilty as charged in the indictment; From the judgment sentencing her to confinement at hard labor in the state reformatory for women at Shakopee for the term of her natural life, defendant appealed.

Action, in the district court for Hennepin county to recover $200,000 upon defendant sheriffs bond. From an order, Molyneaux, J., sustaining the separate demurrers of defendants to the complaint, plaintiff appealed.

Action in the district court for Faribault county to recover $1,800 on a promissory note. The defense is given in the third paragraph of the opinion. The case was tried before Dean, J., who at the close of the testimony granted plaintiff’s motion for a directed verdict for the amount demanded and interest. From an order denying their motion for a new trial, defendants appealed.

Two actions in the district court for Hennepin county, one by the father to recover $20,000 damages for injuries to his minor child, and the other to recover $7,000 for medical treatment, loss of companionship and services of the child.

Defendants were indicted by the grand jury of Douglas county charged with the crime of selling securities without a license. Defendants’ demurrers to the indictment were overruled, Nye, J., and the questions of law raised by the demurrers certified to the supreme court as important and doubtful.

Action in the district court for Blue Earth county for absolute divorce. The case was tried before Comstock, J., who made findings as mentioned in the first paragraph of the opinion. Plaintiff’s motion for amended findings and conclusions. Plaintiff’s motion to amend the decree and judgment was denied. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $246.47 for breach of contract and expenses incurred. The case was tried before Baldwin, J., who when plaintifEs rested denied defendant’s motion to dismiss the action, made findings and ordered judgment in favor of plaintiffs. Defendant’s motion for judgment notwithstanding the decision or for a new trial, was denied. From the judgment entered pur-‘ suant to the order for judgment, defendant appealed.

Action in the district court for Dakota county to determine adverse claims to certain land. The case was tried before Converse, J., who made findings and dismissed the action. From an order denying plaintiffs motion for amended findings or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $25,000 damages for injuries to plaintiff’s minor son. The case was tried before Nye, J., who at the close of the testimony granted defendant’s motion for a directed verdict. From an order denying Ms motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $533.19 for injuries to plaintiffs automobile. The answer set up a counterclaim of $191. The case was tried before Haupt, J., and a jury which returned a verdict for $541.15. From an order denying his motion for a new trial, defendant appealed.

In an action in the district court for Chippewa county to determine whether a certain deed of conveyance of real estate was procured through undue influence upon plaintiff’s intestate, Sarah Samdahl and four others filed a complaint in intervention to have the report of sale of real estate and order of probate court confirming sale and the records thereof, amended by striking therefrom the words “as agent for Anton M. Hanson, deed to be executed to Anton M. Hanson,” and to…

Upon the relation of Louis Berman the district court for Hennepin county granted its writ of habeas corpus directed to Earle Brown, as sheriff. From an order discharging the writ, Nye, J., and remanding relator to the custody of respondent, relator appealed.

Action in the district court for Goodhue county to quiet title by one in possession. The substance of the complaint and of the answers is given in the third and fourth paragraphs of the opinion. The case was tried before Johnson, J., who made findings, as stated in the fifth paragraph of the opinion, and ordered judgment in favor of plaintiff. 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 $5,000 upon a promissory note. The garnishee disclosed an indebtedness of $3,765.46, and the First National Bank of Poplar, Montana, claiming this fund, filed its complaint in intervention. The case was tried before Nye, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion to amend the findings and conclusions in certain respects, intervener appealed.

Action in the district court for McLeod county to recover $7,600.85 for the death of plaintiff’s intestate. The case was tried before Tifft, J., who when plaintiff rested denied defendants’ motions to dismiss the action, and at the close of the testimony defendants’ separate motions for directed verdicts, and a jury which returned a verdict for $1,146 against the city of Hutchinson. The motion of defendant city for judgment notwithstanding the verdict, was denied.

Action in the district court for McLeod county to set aside a eontarct. The case was tried before Daly, J., who made findings and ordered judgment in favor of defendants. From an order denying their motion for a new trial, plaintiffs appealed.

Action in the municipal court of Minneapolis to recover $950 for breach of contract. The answer alleged that defendants had fully complied with all the terms and conditions of the contract on their part, and that the house had been finished in a good and workmanlike manner. The case was tried before Baldwin, J., and a jury which returned a verdict for $400. From an order denying their motion 'for a new trial, defendants appealed.

Action in the district court for Mower county to recover $1,000 upon a promissory note. The case was tried before Childress, J., who made findings and ordered judgment for $1,200. From an order denying his motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to xeeoveer $75 on a promissory note. From an order, Baldwin, J., granting plaintiff’s motion to strike out the answer as sham and 'frivolous, and to allow plaintiff to enter judgment against defendant, defendant appealed.

F. J. Evans petitioned the probate court for Otter Tail county to admit to probate the last will and testament of Katie Hogstadt, deceased. Mathew Lehman, her father and heir at law, filed objections to the probate of the will. The objections were overruled, and contestant appealed to the district court for that county. The.appeal was heard by Parsons, J., who made findings and affirmed the order of the probate court admitting the will.

Action in the district court for Big Stone county to recover $16,000 for breach of contract. The substance of the answer will be found in the second paragraph of the opinion. The case was tried before Flaherty, J., and a jury which returned a verdict for $6,000. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in ejectment in the district court for Anoka county and to recover $1,000 for withholding the premises. Defendants motion to vacate the judgment entered on November 39, 1916, whereby plaintiffs were decreed to be the owners of the premises involved, was granted, a new trial o'f the action was ordered, and the case consolidated with the ease of Straabe v. Jackson for trial. From the order granting that motion, plaintiffs appealed.

Action in the district court for Ramsey county to recover $7,500 for the death of plaintiff’s intestate. The case was tried before Molyneaux, J., who when plaintiff rested denied defendants’ motions to dismiss the action and for directed verdicts, and a jury which returned a verdict for $4,000. From an order granting defendant Downes Company’s motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in the district court for Ramsey county to recover $75,143.59. The case was tried before Dickson, J., who at the close of the testimony denied defendant’s motion for a directed verdict and granted plaintiff’s motion for a directed verdict for $83,133:68. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Carlton county to recover $7,500 for the death o'f plaintiff’s intestate. From an order, Cant, J., setting aside the service of summons and complaint, plaintiff appealed.

Action in the district court for Polk county to recover $10,014.54. Defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action was sustained by Watts, J. From the order sustaining the demurrer the city of Crooks-ton appealed.

Action in the district court for Eamsey county to recover $5,000 upon an accident insurance policy. The facts are given in the opinion. The ease was tried before Haupt, J., and a jury. Before the introduction of any testimony and when plaintiff rested, defendant’s motions to dismiss the action on the plaintiff’s statement to the jury that the insured committed suicide, on the ground that such an insurance contract was illegal, were denied.

Action in the district court for Le Sueur county to reform and enforce a contract. The case was tried before Olsen, J., who made findings and ordered judgment in favor of plaintiff. From an order denying their motion to amend the findings or for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $2,550 for injuries to plaintiff’s person and property in a collision with a car driven by defendant Haaek. The case was tried before Dickinson, J., and a jury which returned a verdict for $150. Defendants’ motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendants appealed.

Action' in the municipal court of Minneapolis to recover $600 damages for injuries to plaintiff’s'automobile caused by the negligence of defendant’s driver. The answer interposed a counterclaim fox $300. The case was tried before Charles L. Smith, 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 $200.

Upon the relation of Ruth M. Donovan the supreme court granted its writ of certiorari directed to the district court for St. Louis county and Honorable R. A. Dancer, judge thereof, to review its order sustaining a demurrer to the complaint in an action brought under the Workmen’s Compensation Act by Ruth M. Donovan, employe, against Duluth Street Railway Company, employer;

Two actions in the district court for Hennepin county, one to recover $34,800 and the other to recover $7,450 for injuries received from a falling tree.

Action in the district court for St. Louis county to restrain defendants from enforcing certain ordinances of defendant city. From an order, Cant, J., overruling their demurrer to the complaint and granting a temporary injunction, defendants appealed.

Action in the district court for Morrison county to recover $20, damages for interference with the waters of the Mississippi river by means of certain dams. The answer alleged that the Mississippi river was a navigable river and waterway. The case was tried before Roeser, 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 $6,000.

Action, in the district court for Mower county to cancel a real estate mortgage. The facts are fully stated in the opinion. From an order, Catherwood, J., granting his motion to dismiss C. S. Babcock as a party and setting aside the order of April 37, 1931, making him an additional party to the action and requiring him to reply to defendant’s answer, C. S. Babcock appealed.

Action in the district court for Ramséy county to recover $35,000 for the death of plaintiff’s intestate. .The answer alleged that all the physical conditions surrounding and attendant upon the work being done by plaintiff’s intestate at the time of the accident were patent and ob-. servable and known to and understood by the deceased.

Defendants were indicted by the grand jnry of St. Louis county charged with the crime of teaching and advocating syndicalism, tried in the district court for that county 'before Dancer, J., and a jury and found guilty as charged in. the indictment. From an order denying their motion for a new trial, Workers’ Socialist Publishing Company, A. A. Twonen and Topias Kekkonen appealed.

Action in the district court for Pine county to determine adverse claims to unoccupied land. The case was tried before Tifft, J., who made findings and ordered judgment as set out in the -second paragraph of the opinion. Prom that portion of the judgment decreeing a lien in favor of defendant John Street for taxes and interest, plaintiff appealed.

Action in the municipal court of the village of Cass Lake in forcible entry and detainer. Defendant answered, alleging ownership and possession of the property in dispute, and moved the judge of the municipal court to certify the case to the district court. The motion was denied and judgment for restitution of the property ordered.

Actions in the district court for Goodhue county, one action -to have a notice of lis pendens canceled of record as a cloud upon the title of certain land and the other to quiet title. The cases were consolidated and tried before Johnson, J., who made findings and ordered judgment in favor of plaintiff. From an order denying their motion for amended findings and conclusions or for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $5,000 for assault and battery. The case was tried before Hale, J., and a jury which returned a verdict of $1,000 in favor of plaintiff. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Clay county to recover $265 for conversion of certain oats. Plaintiffs’ demurrer to the second and third paragraphs of the answer on the ground that the same did not state facts sufficient to constitute a defense, was sustained and leave given to defendant to amend his answer.

Action, in the district court for St. Louis county against Jacob Lampi and the sureties on his 'bond to recover $75,000 for the death of plaintiff’s husband.

Defendant was indicted by the grand jury of Dakota county charged with the crime of buying and receiving stolen property, tried in the district court for that county before Converse, 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 Stearns county to recover $4,291.60 for breach of warranty in a sale of cement. The history of the case is given at the beginning of the opinion.

Action in the district court for St. Louis county to restrain defendant from proceeding with the cancelation of a certain contract. From an order, Magney, J., granting a restraining order except the part which read: “But it is hereby provided and understood that the defendant Greeley may accept payments under said contract for any month subsequent to the months in issue without thereby waiving any other right now had in this action,” defendant Greeley appealed.

Action in the district court for Morrison county to recover $505 for injuries to plaintiff’s horse, buggy and person received in a collision with defendant’s automobile. The answer interposed a counterclaim of $100 for damages to defendant’s automobile. The case was tried before Parsons, J., and a jury which returned a verdict for defendant. Plaintiff’s motion for a new trial was denied. From the judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Otter Tail county to recover $30,000 for injuries to plaintiff’s minor son. The case was tried before Parsons, J., who at the dose of the testimony granted defendant’s motion for a directed verdict. From an order denying her motion for a new trial, Minnie Davidson appealed.

Action in the district court for Itasca county to recover $1,200 for money had and received.

Upon the relation of Margaret A. Young the supreme court granted its writ of certiorari directed to the conciliation court of Minneapolis, and to plaintiff, to review the judgment of that court, Salmon, J., in plaintiff’s favor.

Action in the district court for Hennepin county to obtain the surrender of capital stock of plaintiff corporation of the par value of $300,-000 and to recover $288,300. From an order, Molyneaux, J., sustaining defendant McCouriie’s demurrer to the first cause of action in the second amended complaint, plaintiff appealed.

Upon the relation of the attorney general the supreme court granted its writ of certiorari directed to the probate court for Eamsey county, Bazille, J., to review -the action of that court in refusing to determine the inheritance tax upon that portion of. decedent’s estate received by certain persons under the terms of a compromise agreement.

Action in the district court for Polk county to recover $140.60 for a load of wheat sold and delivered. The answer was an express denial of any indebtedness. The case was tried before Watts, Jv who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

Defendant was indicted by the grand jury of Watonwan county charged with the crime of burglary, tried in the district court for that county before Comstock, J., and a jury and found guilty as charged in the indictment. From the judgment entered pursuant to the verdict, defendant appealed.

Upon the relation of James Whalen the district court for Otter Tail county granted its writ of habeas corpus directed to Mary Emrick. The court Parsons, J., made findings and ordered that relator was entitled to the custody of his boy, subject to certain conditions. From the order awarding the child tb relator, Mrs. Emrick appealed.

Action in the district court for Jackson county to recover $1,000 on three checks. The motion of defendant’s trustee in bankruptcy to set aside the writ of attachment was denied, Dean, J. From the order denying the motion to vacate the writ of attachment, defendants appealed.

Action in the district court for Hennepin county to recover $75,000 for injuries received while in the employ of the Great Northern Railway Company. The amended answer alleged contributory negligence and assumption of risk. The case was tried before Bardwell, J., and a jury which returned a verdict for $57,789.77. From an order denying its motion for a hew trial, defendant appealed.

Action in the district court for Beltrami county to recover $5,000 for injuries resulting from defendant’s careless driving of his automobile. The case was tried before Stanton, J\, who when plaintiff rested denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $400. From an order denying their motion for judgment notwithstanding the verdict or a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $180 upon defendant’s health policy. The case was tried before Olin R. Lewis, L, who when plaintiff rested denied defendant’s motion to dismiss the action, and at the close of the testimony its motion for a directed verdict and a jury which returned a verdict for $193.05. From an order denying its motion foT judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to set aside conveyances made upon an exchange of land. The case was tried before Bard-well, J., who made findings and ordered judgment in favor of defendants foT $747'.25. From an order denying their motion for amended findings and judgment notwithstanding the verdict or for a new trial, plaintiffs appealed.

Action in claim and delivery for certain cattle, in the district court for Dakota county, or for $1,450.TO in case delivery could not be had. The case was tried before Converse, J., who at the close of the testimony denied plaintiff's and defendants' motions for directed verdicts, and a jury which returned a verdict in favor of defendants Lillehaugen and Lattimore.

After the former appeal reported in 148 Minn. 489, 182 N. W. 613, and upon the relation of Frank Winegar, the supreme court granted its alternative writ of mandamus directed to the district court for Waseca county and the Honorable Arthur R. Childress, judge thereof, to review the order of that court changing the venue of the case.

Upon the relation of Security State Bank of Waldorf the supreme court granted its alternative writ of mandamus directed to Honorable Arthur R. Childress, judge of Waseca county, directing him to retain for trial the above entitled action brought- in that county.

Action in the district court for Waseca county to recover $1,500 on a promissory note. The history of the litigation is narrated in the second paragraph of the opinion.

Action in the municipal court of Minneapolis to recover $167.50 on defendant’s policy. The case was tried before Charles L. Smith, J., who made findings and ordered judgment in favor of plaintiff. From an order denying its motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $140 for injuries to an automobile. The case was tried before Charles L. Smith, J;, who when plaintiff rested granted defendants’- motion for a directed verdict on the ground that plaintiff had proved himself guilty of contributory negligence; that he had fathed to prove his cause of action against defendant and that the evidence was not sufficient to warrant a verdict for plaintiff.

Upon the relation of Edward R. Beise and Leonard L. Beise, the supreme court granted its alternative writ of mandamus directed to the district court for Blue Earth county and the Honorable W. L. Coin-stock, judge thereof, to retain the action mentioned in the opinion for trial in that county.

Action in the district court for Ramsey county to recover $60,000 damages. The case was tried before Olin R. Lewis, J., who when plaintiff rested denied separate motions to dismiss the action as to each defendant, and at the close of the testimony denied the motion of defendant casualty company for a directed verdict, and a jury which returned a verdict in favor of defendants. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $10,000 for injuries received in falling upon an icy sidewalk. From an order, Dickson, J., sustaining plaintiff’s demurrer to the third defense set forth in the answer on the ground that upon its face the defense did not state facts sufficient to constitute a defense, defendant appealed.

Upon the relation of John G. Johnson and others the district court for Lyon county granted its writ of certiorari directed to the county board of that county to review the action of the board in designating a certain highway in that county as a state road and an order of the state commissioner of highways in consenting thereto. From an order dismissing the writ, Olson, J., relators appealed.

Action in the district court for Ramsey county to recover $1,500 under a decree of divorce and for a sale of certain premises to pay the same. The case was tried before Dickson, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the district court for Hennepin county to recover $22,650 for X-ray injuries. Defendant’s motion to set aside plaintiff’s dismissal of the action was granted by Molyneaux, J. From the judgment of dismissal entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Hennepin county to recover $7,500 for the death of plaintiff’s minor intestate. The case was tried before Molyneaux, J., who when plaintiff rested granted defendants’ motion) for a directed verdict on the ground that plaintiff had wholly fathed to establish a cause of action. From an order denying his motion for a new trial, plaintiff appealed.

After the decision upon the former appeal, reported in 146 Minn. '430, 179 N. W. 45, judgment was entered upon the verdict. Prom that judgment, defendant railway company and Walker D. Hines appealed.

Action in the district court for Le Sueur county to recover possession of a strip of land and $100. The answer set up the statute of limitations. The case was tried before Tifft, J., who made findings and ordered judgment in favor of defendant dismissing the action. From an order denying his motion for a new trial, plaintiff appealed.

<p>Case certified from the district'court for Goodhue county, Johnson, J.</p>

Action in the district court for Pine county for the specific performance of a land contract. The case was tried before Searles, J., who made findings and ordered judgment that plaintiff was entitled to a conveyance of the land from defendants upon his paying them the sum of $1,431.68. From an order denying his motion for amended findings, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $30.90 for loss of grain while in transit. Defendant appeared specially and prayed that the service of the summons be vacated. This application was denied. The case was tried before C. L. Smith, J., who overruled defendant’s objection to the -introduction of any testimony on the ground that defendant was not properly in court, made findings and ordered judgment in favor of plaintiff.

After the former appeal reported in 144 Minn. 309, 175 N. W. 998, the case was tried before Giddings, J., and a jury which returned verdicts for $3,000 and $1,500 respectively. Defendant’s motion for judgment notwithstanding the verdict or for a new trial, was denied. From the order denying its motion for a new trial, defendant appealed.