Volume 155 — Minnesota Reports

Action in the district court for Ramsey county. Plaintiff’s motion for an order substituting Charles Erb as executor of the estate of Peter Erb, deceased, in place of Peter Erb, deceased, was granted, Gatlin, J. From the order granting the substitution, defendant appealed.

Action in tbe district court for Blue Earth county to set aside a final account in the matter of the Estate of Patrick Mullin, deceased, as to an item of $375, and to require defendant to pay that sum.

Ernest Snortum filed a petition in tbe probate court for Mower county for the determination of the descent of certain land. Ole Iv. Snortum filed an answer to the petition. The matter was heard hy Weber, J., who granted the petition. From the decree of the probate court, O. K. Snortum appealed to the district court for that county where the appeal was heard by Dean, J., who made findings ■and affirmed the judgment of the probate court.

Action for conversion in the district court foir Yellow Medicine county to recover $585. The case was tried before Daly, J., who when plaintiff rested denied his motion for a directed verdict, and a jury which returned a verdict in favor of defendant. From an order denying his motion for judgment notwithstanding the verdict or a new trial, plaintiff appealed.

Action in tbe district court for Ramsey county to recover $1,727.17 expended by plaintiff city in repair of a railroad bridge. The case was tried before Sanborn, J., who made findings and ordered judgment for the amount demanded. From an order denying its motion for amended findings or for a new trial and from the judgment, defendant appealed.

Action in the district court for St. Louis county to recover $5,625 for breach of contract. The case was tried before Cant, J., who at the close of the testimony denied defendant’s motion for a directed verdict, and a jury which returned a verdict for $1,345.03. Defendant’s motion for judgment notwithstanding the verdict was denied and her motion for a new trial was denied provided plaintiff consented to a reduction of the verdict to $484.24.

After tlie former appeal reported, in 151 Minn. 340, 186 N. W. 946, the case was tried before Grin deland, J., and a jury which found defendant guilty as charged in the indictment. From an order denying his motion for judgment notwithstanding the verdict or for a new trial and from the verdict, defendant appealed.

Defendants were indicted by the grand jury of Wright county charged with the crime of assault with intent carnally to know and abuse a female child under the age of 18 years, tried in the district court for that county before Giddings, J., and a jury which found them guilty as charged in the indictment. From an order denying their motion for a new. trial, defendants appealed.

Defendant was indicted by tlie grand jury of Chisago county charged with the crime of murder in the first degree, tried in the district court for that county before Sear les, J., and a jury which found him guilty as charged in the indictment. From an order denying bis motion for a new trial and from an order denying bis motion in arrest of judgment, defendant appealed.

In proceedings to enforce the payment of delinquent real estate taxes for the year 1920 in Ramsey county, Joseph Stronge and others answered, objecting to the assessment on the ground that their property had been overvalued. The matter was heard by Haupt, J., who granted the motion of the state for judgment on the pleadings on the ground that it appeared one-half of the tax had been paid and that there was a waiver of any objections to the tax and it was an account stated.

Defendant was indicted by the grand jury of Brown county charged with the crime of selling an automobile without the consent of the mortgagee, tried in the district court for that county before Olsen, J., and a jury which found him guilty as charged in the indictment. From an order denying his motion for a new trial, defendant appealed.

Action in the district court ior Hennepin county to recover $30,000 for the death of plaintiff’s intestate. The case 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 $16,500. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tlie district court ifor St. Louis county to recover $20,000 for injuries received ”by the discharge of a shotgun. The case was tried before Magney, 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 |5,000. From an order granting defendant’s motion for judgment notwithstanding the verdict, plaintiff appealed.

Action in the district court for Sibley county to recover $6,740.16. The case was tried before Tifft, J., who at the close of the testimony granted defendant’s motion for a directed verdict. From an order denying his motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to restrain defendant commissioner from issuing a building permit to defendant Oehr-lein and the latter from erecting a foundry upon certain premises. From an order, Sanborn, J., sustaining defendant city’s demurrer to the amended complaint, plaintiff appealed.

Six indictments were returned against defendant by the grand jury of Douglas county charging Mm with the offense of selling and offering for sale securities without a license. Defendant’s demurrers to the indictments were overruled and his motions to quash the indictments denied, Bioeser, J., and tbe case certified to the supreme court.

Action in the district court for St. Louis county against Independent School Distinct No. 35 to have certain contracts entered into by the district declared invalid because in violation of G-. ■ S. 1913, § 2058, and amendments, and to restrain the payment of any money and the completion of the work thereon. The case was tried before Hughes, J., who made findings and denied plaintiffs any relief with the exception noted in the first paragraph of the opinion.

Defendant was indicted b'y the grand jury of Eamsey county charged with the crime of arson in the second degree, tried in the district court for that county before .Sanborn, J., who when plaintiff rested denied defendant’s motion to dismiss the action and a jury which found defendant guilty of arson in the third degree. From the judgment of conviction, defendant appealed.

Petition to the district court for Dakota county to have certain unplatted agricultural lands detached from the city of Hastings. The matter was heard by Converse, J., who when plaintiff rested denied defendant’s motion to dismiss, made findings and ordered that the lands be detached from the city of Hastings. The motion of the city of Hastings for amended findings and conclusions and for judgment in its favor, was denied.

E. EL. Nelson gave notice of appeal and contest against tbe action of tbe county canvassing board in declaring Ruth Bullard elected register of deeds for Cbippewa county at the November, 1922, election. Tbe matter was beard by Qvale, J., who made findings and ordered judgment in favor of Rutb Bullard. From the judgment entered pursuant to tbe order for judgment, contestant appealed.

In proceedings to register title to certain lands in Itasca county, the state answered claiming rights in the minerals therein. Tbe case was submitted on an agreed statement of facts to McClenahan, J., who made findings and ordered judgment in favor of plaintiff. From tbe order for judgment, tbe state appealed.

Action in the district court for Ramsey county by the city of St. Paul and its commissioner of public utilities to restrain defendant street railway company and the members of the Railroad and Warehouse Commission from transporting or authorizing the transportation of passengers from any point in the city of St. Paul to the State Fair Grounds for any less than six cents per passenger.

Proceedings to enforce the payment of delinquent real estate taxes. Defendant filed an answer. The matter was heard by Nye, J., who made findings and ordered judgment as stated in the opinion. From an order denying her motion to set aside the findings, conclusions and order, or for a new trial, defendant appealed.

In proceedings to enforce the payment of delinquent real estate taxes for the year 1920 in Ramsey county, the Arcade Investment Company and another answered alleging the valuation upon which the property was assessed was greatly in excess of its actual value. The 'matter was heard by Haupt, J., who made findings and ordered judgment-as stated in the second -paragraph of the opinion. From an order denying its motion for a new trial, Sanborn, J., the state appealed-.

In proceedings to enforce payment of delinquent real estate taxes for the year 1920 in Ramsey county, certain taxpayers filed answers, objecting that their land had 'been overvalued and seeking reduction of the assessments. The matter was heard by Haupt, J., who made an order reducing the valuation and directing judgment for taxes based thereon. From an order denying its motion for a new trial, San'born, J., the state appealed.

Upon the application of W. L. Perkins, the supreme court granted its alternative writ of mandamus directed to the district court for Steele county, Honorable Fred W. Senn, judge thereof, and the clerk of said court, directing them to remand the case pf W. L. Perkins, plaintiff, against The Clifton Company, defendant, and transmit the files and records therein to the clerk of the district court for Ramsey county.

Action in the district court for St. Louis county to recover $10,565 for injuries .caused by the negligent driving of defendant company’s truck, and for expenses incidental thereto. The case was tried before Dancer, J., who when plaintiff rested denied defendants’ motion to dismiss and at the close of the testimony denied the motion of defendant company for a directed verdict, and a jury which returned a verdict for $2,100.

Action in the district court for Todd county to recover $52.50 for building material' delivered to defendant. The case was tried before -Roeser, J., who at the close of the testimony denied defendant ’brewing company’s motion for a directed verdict, and a jury which returned a verdict for $60.90 against the brewing company alone. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, the brewing company appealed.