Volume 157 — Minnesota Reports

Upon the relation of Clifford L: Hilton, attorney general, the supreme court granted its writ of quo warranto directed to Victor E. Essling, requiring him to appear and show by what warrant he held and exercised the office of mayor of Eveleth.

Action in the district court for Stearns county to recover $50,000 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 $10,500. Prom an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Upon the relation of John D. Higgins the district court for Henne-pin county granted its alternative writ of mandamus directed to the city engineer of the city of Minneapolis, commanding him to place relator’s name upon the payroll for the period from October 7, 1922, to January 5, 1923, inclusive.

Action in the district court for Marshall county to recover $10,000 for maliciously causing the issue of a search warrant. The case was tried before Grindeland, J., who when plaintiff rested denied defendant’s motion to dismiss, 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 Goodhue county to recover $50,000 for injuries received while in defendant’s employ. The case was tried before Converse, J., who when plaintiff rested denied defendant’s motion to dismiss and at the close of the testimony denied motions by both parties for a directed verdict, and a jury which returned a verdict for $9,500. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $795 damages to plaintiff’s automobile. The case was tried before Mag-uey, J., and a jury which returned a verdict for $516. From an order denying its motion for a new trial, defendant appealed.

Action in the district court for Chisago county to recover $984.06 on a surety bond. From an order sustaining defendants’ demurrer to the complaint, Searles, J., plaintiffs appealed.

Upon the relation of the city of Minneapolis the district court of Hennepin county granted its alternative writ of mandamus directed to the auditor of that county commanding him to fix the rate of tax levy as required by the board of park commissioners. Defendant’s motion to quash the writ and his demurrer to the petition and writ were denied, Montgomery, J. From the order denying his motion, the county auditor appealed.

' The city of International Falls obtained from the supreme court an order directing the district court for Hennepin county, Hon. W. C. Leary, J. and another, to show cause why a peremptory writ of mandamus should not' issue directing the officers above named to transfer the files and papers in the case of City of International Falls v. American Traction Company and others, from the district court for Hennepin county to the district court for Koochiching county.

Complaint in the district court for Fillmore county charging defendant with the paternity of an unborn child. The matter was heard by Meighen, J., and a jury which found defendant guilty as charged in the complaint. From an order denying his motion for a new trial, defendant appealed.

Two actions in the district court for St. Louis county, one by plaintiff individually and the other as mother and natural guardian of a minor child. Her attorneys of record obtained an order to show cause why the amount and validity of their fees should .not be determined by the court and plaintiff enjoined from the prosecution of any other action against them to determine the amount of their services.

Action in the district court for Stearns county to set aside an award and to recover $1,200 on defendant’s insurance policy. The case was tried before Roeser, J., who made findings, found the value of plaintiff’s car to be $1,200, as decided by the jury, vacated the award and ordered judgment for $1,200. From the judgment entered pursuant to the verdict and order for judgment, defendant appealed.

Action in the district court for Hennepin county to recover $3,-426.52 and to foreclose a mechanic’s lien for the same. The case was tried before Baldwin, J., who made findings and ordered judgment in favor of plaintiff. From an order denying their motions for amended findings and conclusions or for a new trial, defendant receiver and defendant corporation appealed.

Action in the district court for Ramsey county to restrain defendants from erecting a certain building and for a temporary injunction to restrain its construction during the pendency of the action. From an order discharging an order to show cause why a temporary injunction should not issue, Sanborn, J., and from the restraining order, plaintiff appealed.

Action in the district court for St. Louis County by the adminis-tratrix of the estate of George V. Fitzgerald, deceased, to recover $25,000 for the death of her intestate. 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 $14,064. From an order denying its motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action for divorce in the district court for Winona county. The case was tried before Dean, J., sitting in place of Callaghan, J., who denied the prayer of defendant’s cross bill, ordered judgment in favor of plaintiff and that he pay to defendant the sum of $2,500 within four months from the date of the judgment. From that ¡part of the judgment requiring him to pay $2,500 to defendant, plaintiff appealed.

Upon the relation of Hazel M. A. Wooley, as widow of John Wayne Wooley, employe, and as mother of their children, the supreme court granted its writ of certiorari directed to the Industrial Commission of Minnesota to review proceedings under the Workmen’s Compensation Act, brought by relator against the Minneapolis Equipment Company, employer, and Globe Indemnity Company, insurer, wherein, upon appeal from the decision of the referee, his decision was approved by the…