Volume 24 — Minnesota Reports

This action was brought against the sheriff of Fillmore county, and bis sureties, upon bis official bond, for the unlawful seizure and sale, under a writ of execution, of a certain machine called a “Marsh Harvester, ” used by the plaintiff in carrying on his farm.

In 1858, Nathan Myrick, one of the defendants in this action, entered into an agreement with Benjamin Thompson, the above plaintiff, whereby he undertook to vest in the said Thompson the title to such lands as should be obtained by the location of certain half-breed scrip. The scrip having been located, Thompson brought an action against Myrick and wife to compel the specific performance of the agreement.

Appeal by plaintiff from an order of the district court for Mower county, Page, J., presiding, sustaining a demurrer to the complaint.'

This was an action for an accounting between partners, instituted in October, 1871. The defendant pleaded, inter alia, “that no moneys in any manner connected with or relating to the copartnership have been collected by him within six years before the commencement of this- action, and not since the month of October, 1863.

The plaintiffs in this action were Edward H. Barrett, E. E. Barrett, Preston Cooper and Cyrus Severance, who were copartners under the firm name of “The Asbestine Stone Company. ” The said Preston Cooper was also a member of another firm, composed of himself and one B. Cooper, and doing business as “Cooper Bros.” While both of the copartnerships were still in existence, the firm of L. Butler & Co. recovered a judgment for $73.41 against the firm of “Cooper Bros.,” upon which…

The appellants in this ease presented their petition to the •district court for the county of Faribault, in accordance with the provisions of the General Statutes, (e. 31,) in which they alleged that they had erected a dam across the Blue Earth river, for the purpose of operating a mill, and that the water fin said river, by reason of the maintenance of the said dam, ■overflowed “certain lands situate on and adjacent to the said (river, and owned by other parties, to-wit,…

Action to determine the title to and obtain possession of certain premises.

This was an action of claim and delivery brought in the-district court for Dodge county to recover possession of a pair of horses, a set of harness, a wagon, a set of double sleighs, and other personal property, taken by the defendant, under a chattel mortgage, and detained in Olmsted county. The-complaint was filed in March, 1875.

This was an action upon several promissory notes, each bearing not more than ten per cent, interest before maturity, 'and each containing the following provision: “The rate of interest to be ten per cent, per-annum if not paid at maturity, and attorney’s fees of ten per cent, if placed in the hands of an attorney for collection.” The summons was personally served upon the defendants, and notified them that, upon failure to answer the annexed complaint within the time allowed…

Upon the information of Luther M. Brown a writ was issued by tbe supreme court of tbe state of Minnesota, dated February 20,1877, and directed to John L. Macdonald, commanding him to appear before tbe said court upon a day named, to show quo warranto he beld and exercised tbe office of judge of tbe eighth judicial district.

Appeal by defendant from a judgment of tbe district court of Wabasha county, Mitchell, J., presiding, to restore a building upon certain described premises, or pay the principal and interest due upon a certain mortgage therein described.

This action was brought in the district court for Winona county by the city of Winona, against the defendant Wbipple, as principal, and the defendants Henry W. Lamberton, Thomas Simpson, Frances M. Cockrell, Joseph A. Prentiss and Herman E. Curtiss, as sureties, upon the official bond of the defendant Whipple, as city treasurer of the' city of Winona. The plaintiff demanded judgment against the defendants for the sum of $1,617.50, with interest and costs.

This was an appeal by plaintiffs from an order of the district court for Eamsey county, Simons, J., presiding, denying a motion for a new trial.

Appeal by defendants from a judgment of the district court for Bamsey county, upon an action to foreclose a mortgage, tried before Simons, J., without a jury.

Mandamus to compel the city of Hastings to issue certain bonds, and deliver them to the Minnesota Railway Construction Company. The issue of the bonds had been authorized by the legislature (Sp.

<p>Proceedings for Collection of Delinquent Personal Taxes — How Reviewed, — In proceedings for the collection of delinquent personal taxes under Laws-of 1874, e. 1, § 98, a citation was issued to defendant, in obedience to which he appeared and showed cause by answer. To the answer the county attorney demurred, and from an order sustaining the demurrer defendant appealed to this court. Meld, that such appeal is unauthorized, the mode of review in such cases being that prescribed by Laws of 1874, o. 1, § 120.</p>

<p>Habeas corpus issued from this court, and directed to the respondent as the sheriff of Hennepin county.</p>

The complaint in this action was filed in the court of a justice of the peace for Scott county, and set up two causes of action, under two separate counts. Judgment was rendered for the plaintiff, and the defendant thereupon appealed to the district court for Scott county, upon questions of law alone. The justice returned to the district eourt a certified copy of his docket, and certain evidence taken before him upon the trial of the cause.

This was an action begun in the district court for Ramsey, county, September 30, 1875, wherein the plaintiffs demanded' that a conveyance of certain premises to the defendant be decreed a mortgage, and that an account be had of the income and profits of the land. The defendant demurred, hut the court, Brill, J., presiding, overruled the demurrer, and the defendant thereupon appealed.

The complaint in this case set out two causes of action: First, that on October 8, 1867, one Stevens was the owner in fee simple of the undivided, one-half of certain real property, therein described; that she continued to be the owner of such property until October 23, 1874, when she conveyed the same to the plaintiff; that said plaintiff has ever since remained the owner of said property, and that the defendant has been since 1867, and now is, wrongfully in the possession…

Mandamus to compel the treasurer of the village of Carver ■to pay the following order: ■“$28.78.

This suit was brought under an order of the probate judge for the county of Nicollet, dated July 7, 1871, upon an administrator’s bond, running to the probate judge of the said county, for the use of the heirs and creditors of the estate of W E. Manro, deceased, and executed July 5, 1860, by George W. Manro as principal, and John R. Irvine and W. A. Gorman as sureties.

Certiora/ri, granted on the petition of Kate Noonan, and directed to the judges of the district court for Hennepin county, commanding them to certify to this court all the record in any way or manner appertaining to the proceedings had before them at the general (1877) May term of the said district court, upon an indictment found by the grand jury against the said Kate Noonan, for the crime of murder, wherein and whereby the said Kate Noonan was tried upon the said…

This action was brought against Charles Mcllrath, as the receiver of the Southern Minnesota Railroad Company, to recover damages for injuries sustained by the plaintiff while in the service of the defendant; and was based upon the alleged negligence of the defendant in employing an unskilful engineer, named Johnson, through whose alleged want of skill the plaintiff claimed to have been injured.

, presiding, denying the application of the Massachusetts Mutual Life Insurance Company for the renewal of the commission of the commissioners of the estate of Matthew G. Elliot, deceased.

Appeal by defendant from an order of the municipal court for the city of Minneapolis, Cooley, J., presiding, denying a motion for a new trial.

Appeal by plaintiff from a judgment of the district court for Olmsted county, in an action tried by Mitchell, J., without a jury, upon a promissory note made by defendant, and indorsed by one John Butler.

This was a writ of prohibition, commanding the respondent, judge of probate for Pine connty, to show cause, upon a day named, why he should not be absolutely restrained from enforcing the payment of a certain order upon the relator, treasurer of Kanabec county, by certain proceedings for contempt. The respondent, in his return thereto, prayed that the said writ might be dismissed, and that a writ of consultation might issue.

<p>Malfeasance in Office — Approval of Bail Bond by County Attorney — Indictment. Pugli was under arrest upon an indictment in Freeborn county. There was also a complaint before a justice of the peace in Mower county, ■ charging him with a criminal offence in that county. This indictment charges that the defendant, who was county attorney of Freeborn county, wilfully and corruptly, and with a design to aid Pugh in escaping from the charge in Mower county, and any warrant that might issue thereon, indorsed on a bond executed by Pugh and sureties, conditioned for his appearance to answer the indictment under which he was in arrest, an approval thereof, and a direction to the officer having Pugh in charge to release him on receipt of the bond; and with such corrupt motives delivered the bond to Pugh’s attorneys; and that, in consequence, Pugh did escape arrest on the charge in Mower county. Held, that the approval and direction on the bond, were beyond defendant’s official authority, and, if done corrpptly, constitute misbehavior in office. Au officer who corruptly does an act beyond his authority, assuming to act officially and under his official designation, in such manner as is likely to deceive and mislead others, is guilty of misbehavior in office. Also, that this indictment need not show that Pugh was guilty of the offence charged in Mower county, nor that the complaint against him, for that offence, was technically sufficient.</p>

This action was brought in the district court for Dakota county, to determine the adverse claim of the defendants to lots one, two, three, four, five, seven, eight, nine and ten,; in block twenty-three, in West Saint Paul proper, in accordance with the original plat of West Saint Paul.

This action was brought to recover possession of certain described premises situated in Meeker county, together with damages for their unlawful detention. The cause was tried in the district court for Meeker county, by Brown, J., without a jury.

This action was brought by the plaintiff, Wickham, a member of the firm of Wickham & Nelson, to restrain the defendants from selling, on execution or otherwise, the interest of his copartner, Nelson, in certain property belonging to the said firm. The defendants demurred to the complaint. The district court for Faribault county, Dickinson, J., presiding, sustained the demurrer, and thereupon the plaintiff appealed.

Beplevin, to recover a stock of liquors levied upon by the defendant, as the sheriff of Stearns county, under an execution against one Miller. The action was brought in the district court for Stearns county, and was tried before McKelvy, J., and a jury. The jury rendered a verdict for the plaintiffs, and a motion for a new trial having been denied, the defendant appealed.

Action for rent under a written lease, made by the husband of the plaintiff as her agent. The case was tried in the municipal court for the city of St. Paul, by Flint, J., without a jury. Judgment was ■ entered for the plaintiff, and from this judgment the defendant appealed.

Motion to dismiss an appeal from an order made by the district court for Hennepin county, Vanderburgh and Young, JJ., presiding.

This was an action for the conversion of a certain “Vibrator Threshing Machine.” The defendants, in their answer, denied each and every allegation contained in the complaint. The cause was tried in the district court for Freeborn county, by Page, J., and a jury. Upon the trial the defendants offered in evidence the following paper, marked “Exhibit A $100. Owatonna, Minn., Sept. 6,1871.

<p>Appellant cannot dismiss liis appeal to this court without leave.</p>

Appeal by plaintiffs from the judgment of the district court of Eamsey county, upon an action tried before Simons, J., without a jury.

<p>Summons — Issued by Municipal Court of St. Paul — When it can be Served in any County. — In an action for tire recovery of money only, in tlie municipal court of tlie city of St. Paul, if tlie amount claimed in tlie complaint be more than $100, and not more than $200, the summons maybe sei'ved in any county in the state.</p> <p>Same — When Valid, although it Fixes Two Different Times for Answering the Complaint. — The summons requiring defendant to appear before said court at a term to be held at a designated day and answer the complaint, and also requiring him to answer within twenty days after the service of the summons, the appearance day named being more than twenty days after such service, does not invalidate the summons.</p>

Proceedings were instituted by tbe defendant under the provisions of title 1, c. 34, Gen. St., to condemn certain lands, including a lot belonging to plaintiff. Commissioners having been appointed, and their award having been filed, the plaintiff appealed to the district court for Eamsey county.

This was an action for damages to the plaintiff’s land, caused by the erection and maintenance of a dam across the Blue Earth river. The cause was referred by the district court of Faribault county to J. A. Keister, Esq., upon whose report a judgment was entered for the plaintiff. From this judgment the defendants appealed.

<p>Malicious Prosecution — Evidence of Defendant’s Belief. — In an action for malicious prosecution it is competent to ask the defendant, being a witness m'his own behalf, whether, at the time when he instituted the prosecution complained of, he believed that the claim upon which the same was founded was a valid and legal claim against the person prosecuted. Berkey v. Judd, 22 Minn. 287, followed, as to the propriety of proving •the motive of a person by his direct testimony as to such motive.</p>

Ejectment, tried in the district court for Goodhue county, by Crosby, J., with a jury. Plaintiff introduced, among other instruments, a warranty deed from Hannah Grignon, the patentee, to Herbert and Einley.

This was an action for the alleged conversion of certain bonds, brought originally in the district court for Winona county, but afterwards removed to the district court of Steele county.

This action was brought in the district court for Bamsey county, by Edward Simonton, as assignee of Parker Paine, against the First National Bank of Minneapolis, to recover the sum of $3,719.21, received by the said defendant from the said Paine, October 5,1874. An action was subsequently brought in the district court for Hennepin county, by the Missionary Society of the Methodist Episcopal Church, against the same defendant, to recover the same sum of money.

This was an action of ejectment, to recover five acres of land situated in Hennepin county, brought in the district court for said county, and tried by Vanderburgh, J., without a jury.

On February 3,1875, Edwin Clark and William H. Clark, ■copartners as E. & W. H. Clark, made a general assignment, for the benefit of creditors, to Judson A. Stanton.

The defendant was arrested and tried before a justice of the peace for the offence of selling intoxicating liquors within the corporate limits of the city of Rochester, on May 10,1877, contrary to the provisions of section 3, c. 34, Sp. Laws 1876.

Proceeding in the district court for Hennepin county to collect delinquent personal taxes.

Plaintiff, who had occupied the basement of a building near the intersection of Nicollet and Third streets, in the city of Minneapolis, brought this action to recover damages for the alleged negligence of the defendant in establishing the grades of the said streets, and in the construction of the sewers, gutters and catch-basins thereon, whereby the surface waters flowed into the said basement, and destroyed the goods of the defendant stored therein.

This was an action for breach of contract tried in the district court for Hennepin county, by Vanderbwrgh, J., and a jury. The defendant objected to the admission of any evidence for the plaintiff, upon the ground that the complaint did not state a cause of action. Thereupon the court permitted the complaint to be amended and the evidence to be then admitted.

Action for alleged malpractice in the setting and treatment of plaintiff’s arm. The jury rendered a verdict for plaintiff for $7,000. The defendants moved for a new trial, but the plaintiff having consented to a reduction of the verdict to $5,200, the motion was denied; Defendants thereupon appealed. In a former trial the plaintiff recovered .a verdict for $4,000, but upon appeal the order of the court below ’ denying a new trial was reversed, and a new trial granted.

The plaintiff sought in this action to restrain the defendant from selling certain mortgaged premises under a power of sale, for a sum alleged to be due upon the note and mortgage. The defendant answered that the alleged sum was due by computing the interest according to the terms of said note, and interest at seven per cent, per annum on the interest due and unpaid after the same became due and payable.

Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., presiding, denying a motion for a new trial, after verdict for tbe defendant.

This was an action to recover certain rent, and the.hire of certain convicts, for the quarters ending June 30 and September 30,1876, under a written contract entered into July 1,1872, by the warden of the state prison, in behalf of the state and Seymour, Sabin & Co., whereby there was leased to the latter certain prison shops and grounds, and also hired out to the latter certain convict labor, for the term of nine years, at a stipulated rent and hire.

Appeal by defendant from an order of the district court for Wabasha county, Mitchell, J., presiding, overruling a demurrer to the complaint in this action.

Appeal by plaintiff from a judgment of the district court for Goodhue county, upon an action in partition tried before Crosby, J., and adjudging that plaintiff was not the owner of any part of the property in controversy.

Appeal by defendant from an order of tbe district court for Ramsey county, Simons, J., presiding, refusing a new trial, and from a judgment of the said court entered in the said action, and tried by the said judge without a jury.

Replevin against defendant, sheriff of Rice county, for certain goods taken into his possession under two executions and a writ of attachment. The case was tried by Lord, J., without a jury, in the district court for Rice county, and judgment was entered for plaintiff by order of the court.

This action was brought to recover a piano which the plaintiff claimed to have purchased from the former husband of the defendant Lois Rounds. The cause was tried in the district court for Hennepin county before Young, L, and a jury. The defendant testified that the piano was her own private property, purchased with her own means, and had never belonged to her husband.

The plaintiffs, who were co-partners under the firm name of Clark & McClure, entered into a verbal agreement with the defendant Schatz to supply the lumber and material necesrary for the construction of a building upon block “E” in the town of Cold Springs.

In this case the action was upon an account assigned to the plaintiff by Adolph Munch* for services rendered in sluic-^ Sng and driving certain logs through a dam on the Snake ■river, between the lands of the said Munch.

This case was originally tried in a justice’s court, and was brought to recover the value of one-half of a partition fence erected between the lands of the parties. Judgment having been there given for the plaintiff, the defendant appealed to the district court for Winona county. The action was again tried in that court by Mitchell, J., without a jury.

Appeal by defendant from the judgment of the district court for Bamsey county, entered upon a verdict rendered upon the trial of an appeal from the award of commissioners in proceedings to condemn certain land for the use of the defendant railroad, which included interest on the verdict from the filing of the award to the entry of the said judgment.

Motion to dismiss appeal from judgment of district court for Scott county, entered upon a verdict ■ on appeal from the award of commissioners, in proceedings for the condemnation of plaintiff’s land for the use of the defendant’s road.

Appeal by defendant from an order of the district court for Olmsted county, Mitchell, J., presiding, denying a motion for a new trial in an action on a policy of insurance. argued that the words “any change” meant a partial as well as entire change; and the word transfer, a partial as well as entire transfer; that under the statutes a mortgage was deemed a conveyance for every purpose, save that it did not confer the right of possession without a foreclosure, (Gen. St. c.…

Appeal by defendants from an order of the district court for Ramsey county, Simons, J., presiding, denying a motion to dissolve an attachment.

Appeal by defendants from an order of the district court for Hennepin county, Young, J., presiding, denying a motion for a new trial.

Trespass quare clausum fregit, begun before a justice of tbe peace, and subsequently certified and returned by tbe said justice to tbe district court for Sibley county, upon tbe ground-that it appeared from tbe evidence upon tbe trial of tbe action that tbe title to real estate was brought in question and disputed by tbe defendant. Tbe cause was tried in tbe district court by L. M. Brown, J., and a jury, and verdict found for tbe plaintiff.

Appeal by defendant from an order of the district court' for Hennepin county, Young, L, presiding, overruling a demurrer to the complaint.

This action was tried in the district court for Freeborn county, before Page, J., and a jury. A verdict was found for defendant. Plaintiffs moved for a new trial upon the ground that evidence material to the issue, which could not, with reasonable diligence, have' been discovered and produced at the trial, and was unknown to plaintiffs at the time of the trial, had been newly discovered. The motion was denied, and plaintiffs appealed.

This action was brought in the district court for Washington county upon a promissory note dated December 23, 1873, and payable to the order… Held: under a statute which conferred, upon the guardians of the poor power to bind children as apprentices, “provided such children be not bound for a longer time than until they shall have attained” a specified age, that an indenture binding a boy for a longer time than that allowed by the act was not wholly void, but only voidable.

This action was brought in the district court for Goodhue county, to recover damages for divers assaults alleged to have been made upon the infant plaintiff. The action was brought by a guardian ad litem, and tried by Crosby, T., and a jury. At the close of the trial the defendant requested the court to instruct the jury to find a verdict for the defendant, for the reason that the plaintiff had failed to establish the issue upon his part by the evidence given in said action.

This is an appeal by defendant from an order of tbe dis-trict court for Hennepin county, Vanderbwrgh, J., presiding, overruling a demurrer to the complaint in this action.

Appeal by plaintiffs from an order of the district court for Winona county, Mitchell, J., presiding, denying a motion for a new trial.

This action was brought in the district court for St. Louis county, upon a written contract for the sale of certain land, entered into with the defendant by Luther Mendenhall, as the agent of the plaintiff. The case was tried by Stearns, J., without a jury, who ordered judgment to be entered for the defendant.

<p>Appeal by plaintiff from a judgment of the district court for Eamsey county, Simons, J., presiding.</p>

This action was begun before a justice of the peace for Waseca county. The complaint set out that on July 15, 1873, “the plaintiff sold and delivered to the defendant one mower, at the agreed price of sixty dollars, by paying a note to C. H. McCormick & Bros., made by this plaintiff, and then in the hands of G. P. Johnson,” and that defendant had not paid the note, nor any part thereof, and that plaintiff had since paid the note.

This was an action to foreclose a mortgage, begun in the district court for Bamsey county in February, 1877.

This ■ action was brought upon a recognizance in favor of the plaintiff, filed in the district court for the first judicial district, and conditioned as follows: “The condition of this obligation is such that, whereas, the said Jacob Levy was, on the-day of October, 1875, at a general term of the district court of third judicial district, held in and for the county of Winona, aforesaid, at the court-house in the city of Winona, duly convicted and found guilty of the crime of…

, presiding, after a motion made by the defendants for judgment in their favor upon the pleadings. argued that the mortgage debt was paid long before the foreclosure proceedings were begun; that the mortgage was thereby extinguished, and that there remained nothing thereafter to foreclose ; that the plaintiff in the foreclosure suit was charged by the law with notice of that fact, and, therefore, was guilty of legal fraud in causing the property to be sold under the decree…

This action was brought in tbe district court for Houston county to recover possession of forty acres of land forfeited to tbe state for non-payment of taxes, and subsequently conveyed to tbe defendant by tbe auditor of said Houston county. Tbe case was tried by Page, J., and a jury. Tbe only evidence offered by tbe defendant to show bis title to tbe land in question was tbe said deed executed by tbe auditor of Houston county.

Appeal by defendant from a judgment of the district court for Eamsey county, where the action was tried before Simons, J., without a jury.

Plaintiff brought this action in the district court of Olmsted county, as the administrator of E. Cassidy, deceased, to The action was referred to and tried by Lloyd Barber, Esq., who, under objection and exception, admitted in evidence, upon the trial, the affidavit made by the plaintiff in order to obtain' delivery of the property; the requisition upon the-sheriff ; and the return of said sheriff certifying that he took the said property into his possession, that the…

This was an action upon a bond brought in the district court for McLeod county.

This action was brought upon certain promissory notes, originally secured by a chattel mortgage upon a stock of drugs, and indorsed by the defendant Munch.

This action was brought in the district court for Dakota-county, to recover the value of fifteen head of cattle, alleged-to have been killed through the negligence of the'defendant..

This was an action to set aside or declare void the title of the defendant Wheaton to a certain lot of land in Eamsey county. The cause was tried in the district court for said county by Brill, J., without a jury, and judgment was rendered. for defendants for costs and disbursements. The defendant Wheaton appealed from this judgment. argued that under our system of registry laws the doctrine of implied notice was not favored, (4 Kent’s Com. 179,180, note; McMechanv.

This action was commenced before a justice of the peace-in Dakota county, and subsequently brought by appeal upon questions of law and fact to the district court for the same-county, where it was tried by Crosby, J., and a jury. The action was brought to recover damages for the killing of a colt, through the alleged negligence of the defendant.

This action was brought in the district court for Ramsey county to set aside a mortgage foreclosure sale.

This action was brought in the district court for Eamsey county.

This action was tried in the district court for Fillmore county by Page, J., arid a jury. It was brought to recover possession of certain premises, together with damages for the detention and injury to the same. The complaint set out a contract for the sale of the said premises, under which the defendant had obtained possession, a breach thereof by the defendant, and a demand for the surrender of possession to the plaintiffs.

Appeal by defendants from an order of the district court for Washington county, granting a motion for a new trial in this action, after said action had been dismissed upon motion of the defendants for insufficient evidence.

Appeal by defendant from a judgment of the district court for Otter Tail county, McKelvy, J., presiding, adjudging that the plaintiff recover possession of the property described in the complaint, or the value thereof.

The plaintiffs sought in this action to rescind and annul a ■certain compromise and settlement theretofore entered into by them with the defendant, and also for the abatement and removal of defendant’s dam, whereby the water of the Mississippi river was raised above its natural level opposite the premises of the plaintiffs. The action was brought in the ■district court for Hennepin county.

These were four several actions brought in the late court of common jileas for Eamsey county for the purpose of foreclosing two mortgages, for $1,200,000 and $2,800,000, respectively, upon the branch line of the First Division of the St. Paul & Pacific Eailroad, and two other mortgages, for $3,000,000 and $6,000,000, respectively, upon the main line of the same railroad.

The defendant appealed in these cases from the order of the court of common pleas for Ramsey county, Hall, J., presiding, denying a motion to strike out portions of the complaints in the several actions. See cases last reported.

Appeal by defendants from a judgment of the district court for Fairbault county, Dickinson, J., presiding, adjudging a certain dam across the Blue Earth river to be a-nuisance, and ordering that the same be abated.

Appeal by plaintiffs from a judgment of the district court for Eamsey county, Simons, J., presiding, adjudging that the above entitled action be dismissed, and that the defendants recover of the plaintiffs certain costs and disbursements.

Plaintiffs brought this action in the district court for Ramsey county against the First Division of the St. Paul & Pacific Railroad Company, and summoned as garnishees Horace Thompson, Edmund Rice and J. S. Kennedy, the mortgage •trustees of the defendant’s road. Thompson and Rice appeared and disclosed; but no service was had upon Kennedy, who was a non-resident, and did not at any time appear in the proceedings.

In this action the district court for St. Louis county, Stearns, J., presiding, sustained a demurrer to the complaint, and adjudged that the said action be dismissed. From this judgment the plaintiff appealed.

Appeal by defendants from an order of the district court for Anoka county, Vanderburgh, J., presiding, denying a motion for a new trial.

This was an appeal by plaintiffs from an order of tbe late court of common pleas for Bamsey county, Hall, J., presiding, denying an application for the appointment of a receiver, in an action brought for the foreclosure of a certain mortgage or deed of trust.

On September 10, 1857, one William H. Randall, being indebted to various banking houses in the city of St. Paul, and among them to the firm of John J. Knox & Go., of which the plaintiff was a member, executed promissory notes for the several amounts due his creditors respectively, all which notes were made payable to the order of one Joseph M. Marshall, and were by him indorsed without recourse, and delivered to the respective creditors.

This was an action to recover damages of the Minneapolis Mill Company and their tenant Dorilus Morrison for alleged negligence in the construction and maintenance of a bridge or platform across a canal owned by the defendant company, and situated in front of the premises leased to Morrison.

Appeal by defendant from a judgment of the district court for Nobles county, Dickinson, J., presiding. The court erred in allowing the witness Brown to state that, in his opinion, the marble slabs were properly packed, (Enright v. R. Go. 33 Cal. 230; Mulay v. Ins. Go. 2 Gray, 541; Mulclowney v. III. Gent. R. Co. 36 Iowa, 462; Keller y. N. Y. Gent.

This action was brought in the district court for Meeker county.

By an act of congress, approved September 28, 1850, (9 bt.at Large, 519,) it is provided: “That to enable the state of Arkansas to construct the necessary levees and drains to reclaim the swamp and overflowed lands therein, the whole of those swamp and overflowed lands, made unfit thereby for cultivation, which shall remain unsold at the passage of this act, shall be and the same are hereby granted to said state. “Sec. 2.

The plaintiff, as administratrix of the estate of her late husband, Gilbert Dutcher, brought this action against George Culver, John… Held: in Delaney v. Duteher, 23 Minn. 373, to be partners,) and under this arrangement the 'business was carried on, in the name of E. E. George, who was the managing partner, until May 29, 1875, when George made three general assignments, in trust for creditors, to the defendant Culver, the first of his individual property, including His…