Volume 151 — Minnesota Reports

Action in the district court for Ramsey county to recover $5,000 upon an insurance policy. Appellant company was served with garnishee summons. The facts are fully stated at the beginning of the opinion.

After the former appeal reported, in 146 Minn. 394, 178 N. W. 943, the ease was tried before Bardwell, J., who when plaintiff rested granted defendant Hennepin Auto Company’s motion for a directed verdict and denied defendant Walwer Motor Car Company’s motion for a directed verdict, and a jury which returned a verdict in favor of plaintiff for $16,331.25. Defendant Walwer Motor Car Company’s motion for judgment notwithstanding the verdict or for a new trial, was denied.

Action in the municipal court of Minneapolis to recover an overcharge of $5 paid by plaintiff! on a shipment of potatoes.

Upon the relation of Michael J. O’Neil and another, partners doing business under the name of O’Neil & Preston, the supreme court granted its writ of certiorari directed to the district court for Hen-nepin county and the Honorable Charles S. Jelley, one of the judges thereof, to review proceedings in that court brought under the Workmen’s Compensation Act by Frank Petterson, employe, against relators, employers.

Action in the district court for Anoka county to dissolve a partnership, for an accounting of its affairs, and for the appointment of a receiver to take charge and distribute the assets. The case was tried before Giddings, J., who made findings and ordered judgment as stated in the opinion. From an order denying his motion for a new trial, defendant appealed.

After the former appeal reported in 146 Minn. 290, 178 N. W. 599, the case was tried before Childress, J., who made findings and ordered judgment as mentioned in the opinion. From an order denying his motion to vacate the findings and order for judgment and for judgment dismissing the action, or for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Hen-nepin county, Jelley, J., made on June 9, 1921, discharging an order to show cause and denying defendant’s motion to dissolve a writ of attachment. The facts are given in the opinion.

Action in the district court for Stearns county to recover §5,000 for slander. The answer was a general denial. The case was tried before Roeser, J., and a jury which returned a verdict in .favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Kamsey county to recover $2,687.88 upon two policies of life insurance. The case was tried before Olin B. Lewis, J., who made findings and ordered judgment for $1,750. Plaintiffs’ motion to amend the findings or for an order granting a new trial, was denied.

Upon the relation of John E. Hunt the supreme court granted its writ of certiorari directed to the soldiers bonus board and soldiers board of review to review the decisions of those boards in reference to relator’s application for a bonus.

From an order of the county superintendent of schools of Steele county, granting a petition for the consolidation of common school districts Nos. 38, 30, 67, 74 and 88 in that county and Nos. 83 and 114, joint districts in Steele and Freeborn counties, into Consolidated School District No. 30, the common school districts appealed, with the exception of No. 67, to the district court for Steele county, on the ground that officers having charge of the consolidation proceedings…

Defendant was convicted in the municipal court of the city of Duluth, Cutting, J., of violating the statute forbidding the sale of a chance in a lottery and was sentenced to the payment of a fine or in default thereof to be committed to the county work farm. From the judgment and sentence he appealed to the district court for St. Louis county, where the appeal was heard by Cant, Dancer and. Fesler, JJ., who affirmed the sentence and judgment of the municipal court.

Action in the district court for Rice county to recover $225 upon a debt evidenced by a check. Judgment by default was entered. From an order, Childress, J., granting defendants’ motion to vacate the judgment and be allowed to serve their answer, plaintiff appealed.

, Two actions in the district court for Hennepin county, one by the wife to recover $15,000 for assault and battery and the other by the husband to recover $5,250 for medical treatment and loss of companionship and services of his wife..

Action in the district court for Hennepin county to recover $952.50 upon a promissory note. Plaintiff’s motion to strike out certain por- ■ tions of defendant’s amended answer as sham and frivolous was granted by Dickinson, J., and judgment in- favor of plaintiff ordered. From the judgment entered pursuant to the order for judgment, defendant appealed.

Three actions in the district court for Blue Earth county for the partition of real property. The cases were tried together before Comstock, J., who made findings and ordered judgment in favor of defendants dismissing the complaints. From the judgments entered pursuant to the orders for judgment, plaintiff appealed.

Action in the district court for Hennepin county for absolute divorce and the care and custody of the children. Defendant brought a similar action asking the same relief and for alimony and attorney fees and suit money. The cases were tried together before Bard-well, J., who made findings, granted defendant an absolute divorce, and. directed that defendant have the care and custody of the children and that plaintiff pay her $15 per week for their support and maintenance.

Action in the district court for Scott county to recover possession of a note and mortgage and also of a Liberty bond. The case was tried before Tifft, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, Peter Stradcutter, substituted for the State Bank of Belle ■ Plaine, appealed.

F. A. Schafer and A. C. Pankow gave notice of appeal to the district court for Renville county from the: canvass of votes at the election in said school district at which the board of education thereof declared that the requisite number of voters had voted in favor of issuing the proposed bonds of the district. The appeal was heard by Qvale, J., who made findings and dismissed the contest. From the judgment entered pursuant to the order for judgment, F. A. Schafer appealed.

Action in the district court for Hennepin county to rescind a contract and to recover $4,500. The case was tried before Bardwell, J., who made findings and dismissed the complaint. From an order denying their motion for amended findings and conclusions or for a new trial, plaintiffs 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 Leary, J., and a jury, ¿nd found guilty of manslaughter in the first degree. From an order denying his* motion for a new trial, defendant appealed.

Having duly filed objections thereto with the council of the city of Marshall, the Chicago & North Western Railway Company appealed to the district court for Lyon county from an assessment levied against its property in that city for the cost of paving the intersections of Second and Fourth streets and its right of way. The appeal was heard by Olsen, J., who made findings and affirmed the assessment.

Action in the district court for Beltrami county to recover $1,530 damages to land caused by obstruction of surface water. The case was tried before McClenaban, J., who when plaintiff rested denied defendants’ motion to dismiss the action and at the close of the testimony their motion for a directed verdict, and a jury which returned a verdict for $690. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Martin county to recover $2,200 commission in selling a farm. In his answer defendant offered judgment in the sum of $225. The case was tried before Dean, J., who instructed the jury as narrated in the opinion. The jury returned a verdict for $1,200. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Traverse county for partition and sale of land. The facts are in the opinion. The case was tried be-for Flaherty, J., who made findings and ordered judgment in favor of plaintiff. From an order denying 'his motion for a new trial, defendant McCurdy appealed.

Action in the district court for Stearns county to recover $15,000 for personal injuries. The case was tried before Roeser, J., who at the close of- the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $10,000. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Proceeding by the city of St. Paul to establish a restricted residence district under Laws 1915, c. 128. Appraisers having been appointed by the city council to determine damages to property included in the proposed district and assess benefits, Louis N. Scott and others filed objections to and took part in the hearing before the council, where the objections were overruled and the awards and assessments confirmed.

Action in the district court for Wabasha county to recover $549 on an accident insurance policy. The case was tried before Callaghan, J., who when plaintiff rested denied defendant’s motion to dismiss the action and at the close of the testimony its motion for a directed verdict, and a jury which returned a verdict for 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 Ramsey county.to recover f 12,000 for injuries to plaintiff’s minor child. The case was tried before Olin.B. Lewis, J., who at the close of the testimony directed a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Upon the relation of Martin Feist the district court for Bamsey county issued its alternative writ of mandamus directed to Jesse Foot, as comptroller of the city of St. Paul, commanding him to audit and allow a certain voucher of the hoard of water commissioners. Defendant’s demurrer to the petition and writ were sustained, Michael, J. From the order sustaining the demurrer of defendant and quashing the alternative writ, relator appealed.

Action in the district court for Martin county to recover #600 commission upon a sale of real estate. The case was tried before Dean, J., who at the close of the testimony denied plaintiff’s motion for a directed verdict, and a jury which returned a verdict for #651.90. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Defendant was indicted by the grand jury of Freeborn county charged with the crime of carnal knowledge of a girl under the age of 18, tried in the district court for that county before Catherwood, 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 Ramsey county to recover $16,000 for personal injuries received while in the employ of defendant. The case was tried before Dickson, 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 municipal court of St. Paul to recover $200 for landlord’s breach of covenant to heat an apartment.

Action in the district court for Hennepin county to recover $7,500 for the death of plaintiff’s intestate. The case was tried before Bardwell, J., who at the close of the testimony directed a verdict in favor of defendant. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $5,000 for personal, injuries.

Action in the municipal court of St. Paul to1 recover $150. The case was tried before Finehout, J., who made findings and ordered judgment in favor of plaintiff. From an order denying his motion for amended findings and conclusions or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $20,000 for personal injuries received while in defendant’s employ. Defendant’s demurrer to the amended complaint on the ground that it failed to state a cause of action was sustained, Cant, J. From the order sustaining the demurrer, plaintiff appealed.

Action in the district court for Hennepin county to reform a con1 tract and to restrain defendants from prosecuting any action for restitution of the premises pendente lite. From an order, Waite, J., granting plaintiff’s motion to restrain defendants from commencing any proceeding in unlawful detainer, either for restitution of the premises or to oust plaintiff therefrom, defendants appealed.

Action in the district court for Carver county for absolute divorce, alimony and the custody of the-minor children. The answer alleged that on September 21, 1919, in the presence of their children plaintiff assaulted defendant, without any cause or justification therefor, by striking defendant in the face and scratching him. The case was tried before Tifft, J., who made findings and granted the relief prayed for, as stated at the beginning of the opinion.

Upon the relation of J. Y. Mathews the supreme court granted its alternative writ of mandamus directed to the county auditor of Lyon county requiring him to receive the affidavit and fee of relator as a candidate for the office of judge of probate of that county or show cause why he had not done so.

Defendant was indicted by the grand jury of Blue Earth 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 Oomstock, J., and a jury, and found guilty as charged in the indictment. From an order denying his motion for a new trial, and from Ihe judgment, defendant appealed.

Action in the district court for Hennepin county to foreclose a second mortgage upon an apartment building for $15,250; to declare the amount due to be a specific lien upon the premises; and to appoint a receiver to collect rents and profits during the pendency of the action. From an order, Leary, J., granting plaintiff’s motion for the appointing of a receiver, defendant appealed.

Action in the district court for Goodhue county to recover $2,500 broker’s commission in selling a farm. The case was tried before Converse, J., who at the close of the testimony granted defendant’s’ motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

Action in the municipal court of St. Paul to recover possession of certain personal property or for $450 the value thereof. The case was tried before Finehout, J., who at the close of the testimony denied motions for directed verdicts, 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 Houston county for partition of a farm. The case was tried before Oatherwood, J., who made findings and ordered that the life estate of Emma C. Wilhelm in the 80-acre tract be set off to her; that the 102-acre tract be sold subject to her life estate and after the payment of taxable disbursements be distributed among the parties in proportion to their respective interests in the lands sold.

Action in the district court for Hennepin county to recover $24,000 for injuries received in the fall of an elevator. The case was tried before Hale, J., who at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $6,800. Defendants’ motion for judgment notwithstanding the verdict was denied. From the judgment entered pursuant to the verdict, defendants appealed.

Action in the district court for Ramsey county to restrain defendant from using an alley and to recover $300. The answer alleged that this court in the case of Riley v. Pearson, 120 Minn. 210, decided that the easement was a perpetual one. The case was tried before Haupt, J., who made findings, granted the injunction and ordered defendant to pay $5 per month from September 4, 1918, to the date of the commencement of the suit, for the use of the alley.

Action in the district court for St. Louis county to enjoin defendants from carrying out a certain conspiracy and applying moneys of the village toward the payment of current claims. The return upon an order to show cause was heard by Dancer, J., who granted an injunction pendente lite. From the order granting the injunction, defendants appealed.

Upon the relation of P. K. Dock and others the district court for Dodge county granted its writ of certiorari to review the legality of an order of the board of county commissioners of that county establishing public tile ditch drainage system No. 2. The matter was heard by Childress, J., who annulled the order of the county board. From the order annulling the order of the county commissioners, James De Yaul, one of the petitioners, appealed.

Defendant was indicted by the grand jury of Blue Earth 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 Comstock, J., and a jury and found guilty as charged in the indictment. From the judgment sentencing him to the St. Cloud Reformatory, defendant appealed.

Defendant was indicted by tbe grand jury of Winona county charged with tbe crime of carnal knowledge of a female child under 18 years of age, tried in the district court for that county before Callaghan, J., and a jury, and found guilty as charged in the indictment. Defendant moved for a new trial and the court certified five questions as doubtful and important. The questions were answered in the negative.

Action in the district court for Hennepin county to recover §1,100 and to restrain Motion Picture Machine Operators Union of Minneapolis, Local 219, International Alliance of Theatrical Stage Employes of the United States and Canada, a trade union, also Trades and Labor Assembly of Minneapolis and Hennepin county, and others, from conspiring to restrain the patronage and trade of plaintiff’s Wonderland Theater by picketing or otherwise or publishing that plaintiff theatre…

Action in the district court for Hennepin county to recover $1,100 and to restrain Motion Picture Machine Operators Union of Minneapolis, Local 219, International Alliance of Theatrical Stage Employes of the United States and Canada, a trade union, also Trades and Labor Assembly of Minneapolis and Hennepin county, and others, from conspiring to restrain the patronage and trade of plaintiff’s Wonderland Theater by picketing or otherwise or publishing that plaintiff’s theatre…

Action in the district court for Dakota county to recover $1,250. The answer alleged that $164.43 had been paid to R. E. Rudisell and accepted by him in payment of the balance due him following the consignment of cattle to defendant. The case was tried before Johnson, J., who made findings and ordered judgment in favor of plaintiff for the amount demanded.

Action in the district court for Marshall county to recover $5,000 for breach of promise to marry. The case was tried before Grinde-land, J., and a jury which returned a verdict for $1,100. From an order denying his motion for a new trial, and from the judgment entered on the verdict, defendant appealed.

Action in tbe district court for Ramsey county to recover $5,250 for injuries received while in defendant’s employ. The case was tried before Dickson, J., who when plaintiff rested granted defendant’s motion to dismiss the action. From an order denying Ms motion for a new trial, plaintiff appealed.

Action in the district court for Dakota county to recover $50,000 for injuries received in the fall of an elevator. The answer alleged defendant advised plaintiff in writing that it was ready and willing to make settlement with plaintiff under the Workmen’s Compensation Act. The case was submitted to Converse, J., on stipulated facts, who denied defendant’s, motion for judgment on the pleadings.

Defendant was indicted by the grand jury of Norman county charged with the crime of indecent assault, tried in the district court for that county before Grindeland, J., who at the close of the testimony denied defendant’s motion to dismiss the case for failure to prove the commission of any public offense whatever, and a jury which rendered a verdict of guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

Action in the district court for Stearns county to recover $3,000 paid on the purchase price of land. The case was tried before lloeser, J., who at the close of the testimony denied defendants’ motions for a directed verdict and for a dismissal of the action, and a jury which returned a verdict for $2,820. From an order denying their motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action, in the district court for Kittson county to recover possession of certain land and $1,000 for withholding possession thereof. The case was tried before Grindeland, J., and a jury which answered affirmatively the special questions submitted to it as to whether defendants had obtained title by adverse possession to each of six tracts of land. From an order denying his motion for a new trial as to specified tracts, plaintiff appealed.

Upon the relation of Frank W. Kolars and another the district court for Polk county granted its writ of certiorari directed to the County Board of Polk County to review the action of that board in the matter of constructing County Ditch No. 88 and repair thereof. From an order, Watts, J., affirming the order of the county board, relators appealed.

Action in the district court for Stearns county to recover $1,800, the purchase price of an oil tractor. The case was tried before Roeser, J., and a jury which returned a verdict for $1,924.50. From an order denying their motion for a new trial, defendants appealed.

Theclda Connor and others appealed to the district court for Martin county from an order of the Martin' county board for the reconstruction and repair of Judicial Ditch No. 17 and fixing benefits and damages, and demanded jury trials. The opinion gives the facts. The appeals were heard by Dean, J., who denied the motion of the county to dismiss the appeals, and a jury which assessed benefits to the lands otf appellants.

Action in tbe district court for Marshall county to recover $750 on a promissory note. Defendant set up a counterclaim for $500 and offered judgment for tbe balance. Tbe case was tried before Grinde-Iand, J., who at tbe close of tbe testimony denied plaintiff’s motion for an instructed verdict in bis favor, and a jury wbicb returned a verdict for $337.37. From an order denying bis motion for judgment notwithstanding tbe verdict or ifor a new trial, plaintiff appealed.

Din chart & Week Security Company, Peder Larson and H. P. Johanson, deeming themselves aggrieved by the order of the county board of Murray county determining the amount of benefits to their lands from the construction of County Ditch No. 67, demanded a jury trial. The appeals were heard by Nelson, J., and a jury which assessed the benefits. From orders denying their motions for new trials, demandants appealed.

Action in the district court for Hennepin county to recover $2,664 broker’s commissions in sales of land. The case was tried before Waite, J., and a jury which returned a verdict for $3,450.21. From an order denying its motion to set aside the verdict and for a pew trial, defendant appealed.

Action in the district court for Rice county for absolute divorce. From an order, Childress, J., granting defendant’s motion to open and vacate a judgment of divorce and permitting defendant to serve and file her answer, plaintiff appealed.

Action in the district court for Chisago county to recover $1,598.91 for goods sold and delivered. The amended answer set up counterclaims for $6,400.09. The case was tried before Searles, J., who when defendant rested denied plaintiff’s motion to dismiss the counterclaim and at the close of the testimony its motion for a directed verdict, and a jury which returned a verdict for $2,558.23 less $1,662.23 in favor of defendant.

From an order of the county board of Jackson county providing-for the repair, modification and extension of Judicial Ditch No. 18,. and assessing benefits to the land of each, Martin Lee and four other-landowners appealed to the district court, where the appeals were heard by Dean, J., and a jury which reassessed the benefits. From orders denying their motions for judgment notwithstanding the verdicts or for new trials, the landowners appealed.

After the former appeal reported in 149 Minn. 130, 182 N. W. 960, defendant J. L. Owens Company’s motion for a new trial was denied, Bárdwell, J. From the order denying this motion, both defendants appealed.

Defendant was indicted by the grand jury of Norman county charged with the crime of carnal knowledge of a female child of 15 years, tried in the district court for that county before Grinde-land, J., and a jury which found him guilty as charged in the. indictment. From an order denying his motion for; a new trial, defendant appealed.

■ Upon the relation of the city of Waseca the district court for Waseca county granted its alternative writ of mandamus directing the state commissioner of highways to make an order to approve the issue of a warrant by Waseca county to the city of Waseca for the cost of certain paving done by the city in the sum of $20,867.70, and directing the county auditor to issue a county warrant in that amount.

Winona & St. Peter Railroad Company filed objections to a paying assessment against two of its lots by the city of Marshall. The objections were heard by the city council and the assessment confirmed. The matter was submitted upon stipulated facts to Olsen, J., who made findings and confirmed the assessment. From the judgment entered pursuant to the order for judgment, the railroad company appealed.

After the former appeal reported in 145 Minn. 367, 177 N. W. 498, the referee made findings and as conclusions of law found that each of the plaintiffs owned an undivided one-fourth of certain personal property and that Theodore Sons owned one-half of the personal property; that plaintiffs Paul and Mary Sons were entitled to one-fourth of the net proceeds of the sales of produce, hay, grains and live stock from the farm, and that each of the plaintiffs was entitled to…

Defendant Friend was indicted by tbe grand jury of Marshal I county charged with tbe crime of soliciting and receiving an order for intoxicating liquor; defendant Brown was, indicted for the crime of selling and disposing of the liquor at Warren. Defendants were tried in the district court for that county before G-rindeland, J., and a jury and found guilty as charged in the indictment.

Action in the district court for Martin county to reform an exe-cutory contract for the sale of a; farm, and for specific performance thereof.

Plaintiff’s claim for $3,789 having been disallowed in the probate court, it appealed to the district court for Hennepin county where the appeal was heard by Nye, J., who ordered judgment in favor of defendant. From the judgment entered in favor of defendant, plaintiff appealed.

Action in the district court for St. Louis county to recover $6,000 and interest on a promissory note. The case was tried before Fesler, J.. who made findings and ordered judgment dismissing the action. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for St. Louis county to recover $3,000 for breach of a building contract and damages for poor workmanship and material in the construction of a certain building. Defendant set up a counterclaim for $4,537.10. The case was tried before Daly, J., who made findings and ordered judgment in favor of plaintiff for $091.76. • From an order denying his motion to amend the findings and conclusions or for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $25,-000 for alienation of wife’s affections. The case was tried before Leary, J., and a jury which returned a verdict for $10,000. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, if plaintiff consented to a reduction of the verdict to $7,500, defendant appealed.

Action in tbe district court for Carver county to recover plaintiffs’ just proportion of bay, grain and other products raised by defendant on a certain farm. Defendant’s demurrer to the complaint was sus-iained by Tifft, J. From the order sustaining the demurrer, plaintiffs appealed.

Action in tlie district court for Crow Wing county to recover $600. The case was tried before McClenahan, J., who made findings and ordered judgment in favor of defendant. From an order denying her motion for a new trial, plaintiff appealed.

Action in the district court for Blue Earth county to recover $1,600 commission on the sale of real estate. The case was tried before Comstock, J., who at the close of the testimony denied motions by both parties for directed verdicts and a jury which returned a verdict in favor of plaintiffs. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to rescind a settlement and for an accounting. The case was tried before Brill, J., who at the close of the testimony granted defendant’s motion for judgment on the pleadings in his favor. From an order denying his motion for a new trial, plaintiff appealed.

Ernest H. Lockwood, executor of the estate of Frederick Lockwood, deceased, being aggrieved by the order of the probate court for Big Stone county, directing him to pay to Clarence E. Wiley interest on the sum of $5,000 from November 18, 1917, at the rate of 5 per cent per annum, appealed to the district court for that county where the appeal was heard by Flaherty, J., who made findings and as conclusions of law found that said Wiley was entitled to interest ■on $5,000 from…

Defendant and two others were indicted by the grand jury of Ramsey county charged with the crime of grand larceny in the second degree, Defendant Wylie was tried separately in the district court for that county before Hanft, J., and a jury which found him guilty as charged in the indictment. From an order denying his motion for a new trial, he appealed.

Action in the district court for Jackson county to recover $3,000 for personal injuries. The case was tried before Dean, 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.

Defendant was indicted by the grand jury of Norman county charged with the crime of desertion of his pregnant wife, tried in the district court for that county before Grindeland, J., and a jury which found him guilty as charged in the indictment. From an order denying his motion for a new- trial and from the judgment, defendant appealed.

Defendants were jointly indicted by the grand jury of Beltrami county charged with the crime of murder in the first degree, tried separately in the district court for that county before Stanton, J., and a jury which found Robert Miller guilty of murder in the second degree. From an order denying his motion for a new trial, Robert' Miller appealed.

From tlie action of the county superintendent of schools of Isanti county, the state superintendent of education, and the board of edu-, cation of district No. 36, consolidating certain school districts, A. O. Anderson and others appealed to the district court for Isanti county. The appeal was heard upon stipulated 'facts by Giddings, J., who annulled the consolidation proceedings.

Action in the .district court for Hennepin county to decree that plaintiff is a member in good standing in defendant association and to recover at least $2,500. The case was tried upon stipulated facts before- Molyneaux, J., who made findings and ordered that upon payment of $500 to plaintiff by defendant, plaintiff’s interest in the association be terminated. From an order denying his motion for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $75 upon a promissory note. The answer interposed a counterclaim for $1,000. The case was tried before Baldwin, J., and a jury which returned a verdict in favor of defendant for $720. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Pennington county to recover $12,-005 for conversion of certain securities. The case was tried before Grindeland, J., who at the close of the testimony denied defendants’ motion for a directed verdict, and a jury which returned a verdict for $11,801.92. From an order granting defendants’ motion for judgment in their ifavor notwithstanding the verdict, plaintiff appealed.

Action in the municipal court of Minneapolis to recover $500 upon two promissory notes. From an order, Baldwin, J., granting plaintiff’s motion to strike out the answer as sham, frivolous and interposed for the purpose of delay only, and directing judgment for plaintiff, defendants appealed.

Action in the district' court for Clay county to recover $5,100 for injuries received while in defendant’s employ.

Respondent members otP the compensation insurance board made return to an order of the district court for Ramsey county to show cause why their order fixing rates for compensation insurance and making them retroactive should not be vacated, and the court, Hanft, J., discharged the order. Relators then obtained from the supreme court a writ of certiorari directed to the district court and Hanft, J., to review his order.

Upon the relation of Lawrence T. Haugen the supreme court granted its writ of certiorari directed to- the Soldiers Bonus Board and the Soldiers Bonus Board of Review to review their action in the disallowance of relator’s application for a soldier’s bonus.

Action in tbe district court for Wright county to recover for medical services, hospital expenses, attorney’s fees, compensation- paid, and to be paid to Nick Decker, and other expenses incidental to injuries received by him while in plaintiff’s employ and because of defendant’s negligence. The case was tried before Haupt, J„, who made findings and ordered judgment for $934.94. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in tbe district court for Aitkin county to' recover $2,436.75. Tbe bistory of tbe litigation is given at the beginning of tbe opinion. Tbe case was tried before Wright, J., who made findings and ordered judgment for the amount demanded. Defendant’s motion to amend the findings and order for judgment was denied. From an order denying its motion for a new trial, defendant appealed.

The last will of Isaac Freeman, deceased, was admitted to probate in the probate court for Fillmore county. The court, Michener, J., distributed the estate among the heirs after the death of the widow.

Action in the district court for Douglas county to recover $50,000 for personal injuries. From an order, Roeser, J., denying its motion to set aside the service of summons and complaint, defendant appealed.

Action in the district court for Carlton county to recover $4,840 for injuries to plaintiff’s automobile and person caused by collision with defendant’s train. The case was tried before Magney, 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 $4,961.

Action in the district court for Hennepin county for separation from bed and board, for alimony and for custody of the five children. The decree gave defendant an absolute divorce and the custody of four of the minor children, while the custody of Louis Gordon was awarded to plaintiff on condition, and both parents were granted the right to visit their children.

Upon the relation of Amanda Peterson the district court for Hen-nepin county granted its writ of habeas corpus directed to Jessie E. McAuliffe. The matter was heard by Bar dwell, J., who quashed the writ and remanded Alice Peterson to the County Home School for Girls. From the order quashing the writ, relator appealed.

Action in the district court for St. Louis county to recover $71,-902.43 converted by the brokerage firm of Cassidy & Munson. From the order, Dickinson, J., granting defendant’s motion that H. S. Juls-rud be made a party to the action, the Eimon Mercantile Company and H. S. Julsrud appealed.

Action in the district court ¡for Polk county to restrain defendant from obstructing a watercourse and for $100 damages. The case was tried before Watts, J., who made findings and ordered judgment-in favor of defendant. From the judgment entered pursuant to the order for judgment, plaintiff appealed.

Action in the district court for Olmsted county to recover $27,000 for personal injuries received in collision between plaintiff’s motorcycle and defendant’s motor truck. The case was tried before Callaghan, 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 $10,000.

Action in the district court for Aitkin county to set aside a conveyance of real property. In her separate answer Emma Casey alleged she was a bona fide purchaser of the lands and actually paid therefor the sum of $4,700.

Action in tbe district court for Ramsey county to recover $8,313.81 upon spurious orders.

After the former appeal reported in 139 Minn. 285, 166 N. W. 329, plaintiff petitioned the district court of Hennepin county for a new trial. The petition was denied, Molyneaux, J. From the order denying the petition, plaintiff appealed.

Upon the relation of Clifford L. Hilton, Attorney General, the supreme court issued its writ directed to the city of Nashwauk and the officers of the village of Nashwauk, to show quo warranto the city of Nashwauk claimed the right to exist or to be a city or to exercise jurisdiction, control or authority over the territory attempted to be embraced therein, and the individual defendants claimed to exercise the official powers referred to in the information, and the…

Action in the municipal court of St. Paul to recover $105, rent of a dwelling house for two months. The case was tried before Boerner, 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 St. Louis county to recover $30,000 for ■money obtained from plaintiffs by fraudulent time checks. The answer interposed counterclaims aggregating $8,100. From an order, Freeman, J., granting defendants’ motion to dissolve the attachment, plaintiffs appealed.

Action in the district qourt for Murray county to recover $167.85 for baggage stolen while in defendant’s care. The answer alleged that defendant’s road was in the control of the director general of railroads at the time mentioned. The case was tried before Nelson, J., who made findings and ordered judgment in favor of plaintiff for $100. From the judgment entered pursuant to the order for judgment, defendant appealed.

After the former appeal reported in 148 Minn. 310, 181 N. W. 847, plaintiff’s motion for judgment was granted, and defendant’s motion for judgment was denied, Bardwell, J. From the judgment entered pursuant to the order for judgment, defendant appealed.

Action in the municipal court of St. Paul to recover $68.50 for breach of contract for the sale of flour. The case was tried before Boerner, J., who made findings and ordered judgment in favor of plaintiff. From the judgment entered pursuant to the order for judgment, defendant appealed.