Volume 25 — Minnesota Reports

By an act of the legislature, entitled “An act to provide uniform and cheap text-books for the public schools of Minnesota,” approved February 23, 1877, (Laws 1877, c. 75; Gen. St. 1878, c. 36, §§ 156-167,) it is provided that certain designated state officers shall make a contract on behalf of the state with Daniel D. Merrill of St. Paul, for furnishing to the state, for the period of fifteen years, suitable text-books for use in the public schools of the state.

The plaintiff brought this action in the district court for Bamsey county, under Gen; St. c. 75, § 1, to determine the adverse claims of the defendants to a portion of lot 6, in block 34, in the city of St. Paul, alleged in the complaint to be in the possession of the plaintiff.

This action was brought in the district court for Dakota county against the administrator, the widow, and the heirs-at-law of Joseph Bissel, deceased, (the defendant SeagraveSmith being the guardian ad litem for the infant defendants,)the plaintiff praying that a certain mortgage given by him to-one Latto be declared to have been fully paid and to be no-longer a lien on the mortgaged premises, that a certificate of sale of the mortgaged premises on foreclosure by…

Philip Goldsmith died in 1863, domiciled in Philadelphia, Pa., leaving a will whereby he devised all his estate, real and personal, to his wife, E. Sarah Goldsmith, and appointed her his executrix. His will was proved in the probate court in the city of Philadelphia, and letters testamentary were issued to the executrix.

Tbe defendant was tried in the district court for Hennepin county, before Young, J., and a jury, upon the following indictment: [Title.] “John L. Armington is accused by the grand-jury of the county of Hennepin, in the state of Minnesota, of the crime of polygamy, committed as follows: The said John L. Armington, on the twenty-first day of January, A. D. 1877, at the city of Minneapolis, in said Hennepin county, wilfully, unlawfully and feloniously, having a wife then…

The will of Alanson Allen having been offered for probate, by Hiram D. Allen the executor, in the probate court for Eamsey county, its allowance was opposed by the children of the testator, represented by Harvey Officer, Esq., their guardian ad litem, and also by Mrs. Lois G-. Nash, the mother-in-law of the testator, and a legatee.

The plaintiff, on January 18, 1877, obtained from a justice of the peace a summons against the defendant, in blank as to-the return-day, filled the blank with the date February 2r 1877, and delivered it to an officer by whom it was served on the defendant on January 26, 1877. On February 2d, the defendant failing to appear, the plaintiff took judgment against him by default.

This action was brought in the district court for Hennepin county to recover the amount ($700) of a certificate of deposit issued by defendant April 15, 1876, payable to the order of plaintiff, but which on June 14, 1876, the defendant, without plaintiff’s knowledge or consent, paid to plaintiff’s then husband, Charles Laurel, on presentation and surrender of the eertificate, without her endorsement.

The plaintiffs Hugh Cochrane and Carson N Cosgrove brought this action, in June, 1876, in the district court for Le Sueur county, against the defendant, for the purpose of obtaining a dissolution and winding-up of the affairs of the firm of Cochrane, Cosgrove & Halsey, composed of themselves and the defendant, and the appointment of a receiver, etc. In their complaint, they allege that prior to and on Decernber 9, 1875, they had been and then were copartners under the name…

The defendant was convicted, before a justice of the peace in Scott county, of the crime of larceny. He appealed, on questions of law and fact, to the district court for that county, where he was tried before Macdonald, J., and a jury, and again convicted. Sentence was passed upon him, and from this judgment he appeals.

Appeal by defendant from an order of the district court for Dakota county, Crosby, J., presiding, refusing a new trial. 1. The defendant is barred by the former judgment from setting up want of consideration as a defence to the note in suit. The plaintiff in that action alleged that the note sued on was given for value, and the defendant was summoned, and had his day in court, to dispute that and the other allegations of the complaint.

This action was brought in the district court for Hennepin county to recover possession of a steam-engine and other property. Both parties derived title under one James C. Gardner, the plaintiff as assignee of a chattel mortgage made by Gardner to one Lewis Edds; the defendant, by subsequent purchase from Gardner. At the trial, before Young, J., a jury being waived, the facts relating to the filing of the mortgage appeared to be as stated in the opinion.

Appeal by plaintiff from an order of tbe district court for Hennepin county, refusing a new trial, after a trial before Young, J., and a jury. A former appeal in the action is reported, 22 Minn. 471.

Action on three promissory notes. Defence that the notes were given for the purchase-money of certain real estate sold by plaintiff to defendant, the title to which had wholly failed. A jury was waived, and the action tried in the district court for Eamsey county, before Brill, J., upon whose findings judgment was entered for the plaintiff, and the defendant appealed.

Appeal by plaintiffs from an order of the district court for Hennepin county, Vanderburgh, J., presiding, granting a new trial.

This action was brought in the district court for Ramsey county against the defendants A. K. Pruden and Annette L. Hare, formerly copartners as A. K. Pruden & Co., on a promissory note signed A. K. Pruden, payable to the order of A. K. Pruden & Co., and endorsed in the same partnership name.

<p>The canvass of votes cast for a school inspector, at an election in the city of St. Paul, is properly made by the common council.</p>

Appeal by defendant from a judgment of the district court for Winona county, Mitchell, J., presiding, affirming the judgment of a justice of the peace, from which the defendant had appealed on questions of law alone.

Appeal by defendant Lowry from an order of the district court for Ramsey county, Simons, J., presiding, refusing a new trial.

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

Appeal by defendants from an order of the district court for Nobles county, Dickinson, J., presiding, overruling a demurrer to the complaint.

Plaintiff brought this action, in 1877, in the district court for Scott county, alleging, in his complaint, that one William Pitman, in his lifetime, and on December 19,1870, recovered judgment, in the same court, against the defendant, which is still in force and unsatisfied; that since the docketing of the judgment, William Pitman has died, and the plaintiff is his duly appointed and qualified administrator, under letters issued on July 8, 1871.

<p>Appeal by defendant from an order of the district court for Bamsey county, Wilkin, J., presiding, refusing a new trial.</p>

<p>Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., presiding, refusing a new trial.</p>

Appeal by plaintiff from a judgment of the district court for Mower county, entered on the report of a referee, in an action of replevin, commenced in a justice’s court.

Appeal by defendant from an order of the district court for Bamsey county, Simons, J., presiding, overruling a demurrer to the complaint.

<p>Taxes — Jurisdiction of Court — Notice to Owner. — In proceedings under the general tax law, (Laws 1S74, c. 1, and amendments,) the jurisdiction of the district courts depends upon the publication of a notice, substantially in the form prescribed in section 111 of said chapter, as amended. By this form, the answer setting up objections or defences to taxes, is required to be filed within twenty days after the last publication of the notice. In the case at bar, a notice requiring such objections or defences to he filed within ten days after such publication, held, insufficient to give the district court jurisdiction.</p> <p>Same — Objection, how to be taken. — The defendant appeared in the district court, specially, and for the purpose, only, of interposing an objection to the jurisdiction of the court, on account of the insufficiency of the notice in the respect above indicated. The objection was specified in writing, signed by defendant, and was presented upon a motion to dismiss the proceedings. Held, that this was a proper way to take the objection.</p> <p>Same — Objection not waived by Defence to Merits. — After stating his objection to the jurisdiction, the defendant, in the same document, proceeded as follows, viz.: “If such objection to the jurisdiction be overruled, the undersigned, further, as a separate defence in said matter, objects,” etc., setting up a defence upon the merits. Held, that this was not a full appearance, or a waiver of the objection to jurisdiction.</p>

This action was brought in the district court for Swift county, to recover possession of four horses, alleged to have been wrongfully taken from plaintiff, by defendant, together with damages for their detention.

<p>Appeal by plaintiff from an order of the district court for Eamsey county, Brill, J., presiding, refusing a new trial.</p>

Appeal by defendant from a judgment of the municipal court of the city of St. Paul, taken against him by default, the summons having been served by publication in the “Northwestern Reporter.” cited Kellogg v. Carrico, 47 Mo. 157; Kerr v. Hitt, 75 Ill. 57.

Plaintiff brought this action, in the district court for Olmsted county, against the defendant Jolly and others, to reform a power of attorney made by defendant Jolly, and a deed made thereunder, by correcting the description of lands therein contained. O. P. Whitcomb, the appellant, moved for leave to intervene and become a party to the action and file a complaint as intervenor, pursuant to Gen. St. c. 66, § 111, as amended by Laws 1876, c. 50.

Appeal by defendants from an order of the district court for Mille Lacs county, McKelvy, L, presiding, sustaining a demurrer to a counterclaim pleaded in the answer.

Action on a promissory note for $290, made by defendant, to plaintiff, bearing date August 10, 1871, and payable on or before November 1, 1872.

The defendant and his sons, Frank and Adolph, and one Kroulik, were jointly indicted, in the district court for Steele county, for an assault, with dangerous weapons, upon one Barker, with intent to do him great bodily harm. The defendant requested and was granted a separate trial, which was had before Lord, J., and a jury, and resulted in a conviction.

Appeal by plaintiffs from an order of the district court for Waseca county, Lord, J., presiding, refusing a new trial, after a verdict for the defendants directed by the court, on the facts admitted at the trial.

This action was brought in the district court for Carver county, to recover possession, with damages for detention, of a steam-engine and attachments alleged to have been taken by defendant without plaintiff’s consent, and wrongfully, from the plaintiff’s factory of which they formed a part. The defendant justified the taking under a chattel mortgage made by Charles and Theodore Kenning, the former owners of the engine.

Action for the wrongful taking and conversion of a large quantity of lumber belonging to the plaintiffs.

Appeal by defendant from an order of tbe district court for McLeod county, Macdonald, J., presiding, refusing a new trial, after verdict for plaintiff. Tbe land in controversy was originally pre-empted by defendant. Tbe plaintiff claimed title as purchaser at an execution sale under a judgment in bis favor and against tbe defendant, rendered and docketed in Carver county, and a transcript filed in McLeod county, tbe time for redemption from tbe sale having expired.

The plaintiffs, George Person and Stephen S. Smith, brought this action in the district court for Goodhue county, alleging in the complaint that on May 27, 1876, they were and still are the owners and entitled to the immediate possession of a quantity of lumber of different kinds, quality and dimensions, of the value of $749.83; that on that day the defendant being in possession thereof, at, etc., wrongfully converted the same to his own use; that on or about May 27, 1876,…

Action for damages for the unlawful taking and detention-of a horse, taken from plaintiff’s 'possession by the defendant Sherman, a constable, under a writ of attachment issued by a justice of the peace, in an action brought against the-plaintiff by the defendant Woods. The complaint states that the horse was the only horse owned by plaintiff, and therefore exempt from attachment, and that Woods directed Sherman to levy on it, knowing at the time that it was exempt.

The plaintiff brought this action in November, 1873, in the district court for Scott county, alleging that on December 26, 1872, the defendant Hinman, being insolvent, and being the owner of 120 acres of land in Scott county, conveyed the same to the other defendant Albert Manley, with intent to defraud his creditors, and upon the nominal but fictitious consideration of $500; that at the time of such conveyance, the defendant Hinman was indebted to plaintiff, on which…

Plaintiff brought this action, in the district court for Nobles county, praying that certain notes made by defendant,, and of which plaintiff was assignee, and of which the defendant had acquired possession by purchase from a pledgee of plaintiff’s assignor, might be surrendered to him; that the: purchase be declared a fraud upon him, and void; and that -the payment made thereon by the defendant be endorsed as a partial payment on the notes.

Appeal by plaintiffs from a judgment of the district court for Scott county, where the action was tried before Macdonald, J., a jury being waived.

Appeal by plaintiff from an order of the district court for Stearns county, MoKelvy, J., presiding, refusing a new trial, after verdict for defendants.

The plaintiffs, Frank Hankey and Nic Horn, brought this action in the district court for Ramsey county, against the defendant, for the wrongful taking and conversion of certain sheep. The defendant denied plaintiffs’ title, and pleaded that the sheep were the property of one Arimond, and that he levied on and sold them by virtue of an execution directed to him as sheriff of Ramsey county, upon a judgment against Arimond and in favor of one Hardy.

The attorney general on behalf of the state, and on the relation of a citizen and tax-payer of Big Stone county, brought these actions in the district court for Stevens, Big Stone and Traverse counties, to oust and exclude the defendant in the first action from the office of county auditor, and the defendant in the second action from the office of clerk of the district court, of the county of Big Stone.

The plaintiff, as administrator of Samuel Connelly, deceased, brought this action in the district court for Dakota county, alleging in his complaint that his intestate, at the time of his death, in June, 1865, was the owner of an undivided two-thirds of certain described land in that county, of which the defendant claimed to own the other undivided one-third; that a large part of the land is grass-land, producing annually a large quantity of hay; that the defendant has used…

Appeal by defendant from an order of the district court for Eamsey county, Simons, J., presiding, refusing a new trial, the action having been tried by the court without a jury.

The plaintiff brought this action in the district court for Washington county, in February, 1873, alleging in his complaint that the defendants are husband and wife; that on January 10, 1870, a judgment for $398.70 was duly rendered and docketed in his favor and against the defendant August Stagerman and one Wolf; that no time thereafter have the judgment debtors possessed any property out of which the judgment or any part thereof could have been satisfied; that on July 16,…

Complaint was made against the defendant, in the municipal court of the city of St. Paul, for selling vegetables on a public street of that city, in violation of an ordinance of the city, which provides that “ every farmer, gardener or person producing vegetables shall not sell the said vegetables in, upon or along the public streets or highways in the city of St. Paul, without first haying obtained a license so to do from the city clerk, as other licenses are procured, for…

Appeal by defendant, John W. Passmore, from an order of the district court for Washington county, Crosby, J., presiding, overruling his demurrer to the complaint in an action, against himself and one William A. Passmore. John W. Passmore cannot be held as guarantor; Moor v. Folsom, 14 Minn. 340; or as endorser, for the complaint fails-to show demand on the maker, or notice. If liable at all, it must be as joint maker.

Action to recover for services rendered by plaintiff as a physician in attending certain poor persons, at their residences in Chisago county. At the trial in the district court for that county, before Crosby, J., the plaintiff, under objection and ■exception by defendant, proved that in each case the services for which he' seeks to recover were rendered on the written request of one of the board of commissioners of the defendant county.

Upon affidavit of plaintiff’s attorney that, on May 21,1877, a judgment was rendered and docketed in the district court for Eamsey county in plaintiff’s favor and against defendant, for $5,579.16; that on August 24, 1877, execution.on the judgment issued to the sheriff of that county, (where the defendant then 'resided and still ■ resides,) which execution was, •on September 21, 1877, returned wholly unsatisfied, an order was made by-a judge of the court requiring the…

The plaintiffs in this case are the widow and heirs-at-law of George C. Albee, deceased, and also Edward P. Mills and William H. Houlton, and they brought this action in the district court for Sherburne county, alleging that theretofore the present defendant brought suit in the same court against the present plaintiffs, (except Houlton,) to recover damages for injuries to real estate resulting from the erection and maintenance of a certain mill-dam by the defendants in that…

The plaintiffs brought this action in the district court for McLeod county, against George A. Burroughs and James Uhless, alleging that between November 25,1876, and January 6,1877, they sold and delivered to Burroughs certain lumber, etc., of the value of $124.63; that such building materials were furnished by them to Burroughs for use in building a house on lot 8, in block 43, in the townsite of Franklin, in said county,. of which lot Burroughs was then the owner.

Appeal by defendant from a judgment' of the district court ■for Waseca county, Lord, J., presiding, affirming the judgment of a justice of tbe peace, from which the defendant had -appealed on questions of law alone.

Appeal by the defendants Edmund Eice, Horace Thompson, John S. Kennedy and Jesse P. Farley, from an order of the district court for Eamsey county, Brill, J., presiding, overruling their demurrers to the complaint.

Appeal by Dorilus Morrison, as owner of certain lands in Aitkin county, from an order of the district court for Crow Wing, Wadena, Cass, Itasca and Aitkin counties, Stearns, J., presiding, denying his motion to open certain tax judgments .against such lands.

Action to recover possession of certain hotel furniture, • claimed by plaintiff under a chattel mortgage made by one Boot, and which had been taken from Boot’s possession by the defendant, as sheriff, by virtue. of a writ of attachment .in an action brought against him by one Greene.

The plaintiff, as receiver of the National Exchange Bank ■of Minneapolis, brought this action in the district court for Hennepin county, against the defendants Eugene M. Wilson .and William M. Kimball, on a promissory note for $500 made by them to the bank, bearing date April 18, 1877, and payable one month thereafter.

Appeal by the defendants Amherst H. Wilder and Channing Seabury, copartners as A. H. Wilder & Co., and by Andrew J. Preston, from a judgment of the district court for Eamsey county, entered upon the report of a referee, in an action brought by plaintiff against them and W. D. Cornish, as administrator of John P. Kilroy, deceased, and others, to determine the adverse claims of the defendants to the north one-third of lots 1, 2 and 3, in block 10, in the city of St. Paul.

The St. Paul & Pacific Railroad Company, being authorized by its charter to construct and operate a line of railroad from St. Paul via St. Anthony to Breckenridge, with a branch from St. Anthony via St. Cloud and Crow Wing to St. Vincent, for the purpose of raising money to construct that part of its railroad extending from St. Paul via St. Anthony and up the valley of the Mississippi river to Watab, issued and negotiated its bonds to a large amount, bearing date June 2,…

<p>Notice of Argument — Computation of Time. — In giving the ten days’ notice of argument required “by rule 8 of the supreme court, the day of service and the first day of the term must both be excluded.</p>

<p>Order allowing amendment to pleadings, not appealable.</p>

Appeal by defendant from an order of the district court for 'Washington county, Crosby, J., presiding, overruling a de.murrer to the complaint.

Appeal by plaintiff from an order of the district court for Ramsey county, Simons, J., presiding, sustaining a demurrer to the complaint. cited Dillon Mun.

Appeal by defendant from an order of the municipal court of the city of Minneapolis, where the ease was tried by the court, 'a jury being waived.

Action to recover the possession of certain horses, wagons and calves, alleged to be the property of plaintiff, and wrongfully taken by defendant from his possession.. The defendant alleged that he took the property as sheriff, by virtue of an execution against one D. B. Germain, to whom the property belonged. At the trial in the district court for Freeborn county, before Page, J., the defendant had a verdict, a new trial was refused, and plaintiff appealed.

<p>Mandamus to obtain possession of tbe records, etc., of tbe ■office of treasurer of Lyon county.</p>

Appeal by plaintiff from an order of the district court for Ramsey county, refusing a new trial, after a trial before Simons, J., without a jury.

On April 17, 1877, John P. Mumford filed a petition in the probate court of Bamsey county, stating that he was a-creditor of the estate of John M. Hall, of New York, deceased, whose will was proved in that court, on June 11 j 1861, in which will the testator named Mary L. Hall executrix, and John J. Cole executor thereof, and constituted the former his-residuary legatee; that the executrix and executor have never given the bond required by statute, nor so 'complied with…

Alternative writ of mandamus, from this court, to compel ■the issue, by the town of Highland in the county of Wabasha, of its interest-bearing bonds, to the amount of $5,000.

<p>Order for Judgment is not Appealable. — In this case the court below finds* as conclusions of law, “ that the plaintiff is not entitled to recover, and that the defendant is entitled to judgment against the plaintiff for his costs and disbursements,” adding the words: “Let judgment be-entered accordingly.” Held, that these words are not an order involving the merits, or any part thereof, but a mere direction t-h^t an act be-done which does involve the merits, to wit, that judgment be entered. Such direction is not appealable.</p>

Appeal by defendants from an order of the district court for Meeker county, Brown, J., presiding, overruling a demurrer to the complaint.

Appeal by defendant from an order of the district court for Scott county, Macdonald, J., presiding, overruling a demurrer to the complaint.

Complaint was made against defendant before a justice of' the peace for selling intoxicating liquor without a license, and a warrant was issued thereon. Neither the complaint nor the warrant stated the name of the person to whom the liquor was sold, nor that such name was unknown, nor any description of such person. On this ground, the defendant at the trial moved for a discharge, which motion was denied, and he was convicted and sentenced.

Appeal by defendant from a judgment of the district court for Dodge county, Lord, J., presiding, affirming a judgment of a justice'of the peace, from which the defendant had appealed on questions of law alone. The prosecution was for selling liquor without a license, and in the sentence passed on the defendant in the district court, he was adjudged to pay a fine and the costs in both courts.

Appeal by defendant from a judgment of tbe municipal court of the city of St. Paul, -where the defendant was convicted, and sentenced to pay a fine and costs, on a complaint charging that he did “kill, slaughter and dress one beef cattle,” in violation of an ordinance of the city

Plaintiff sued defendants in May, 1878, in a justice’s court in St. Paul, who rendered judgment in favor of Manson, and against the other defendants. Plaintiff appealed in July, 1878, to the municipal court of the city, where the defendants, appearing specially, moved to dismiss the appeal, for want of jurisdiction: The motion was denied, and judgment rendered for plaintiff, from which the defendants appealed.

Bussell Post died on August 18, 1872, leaving a will in which he named his widow, Mrs. Louisa Post, and his daughter, Mrs. Laura T. Bunnell, (the parties to this appeal,) his executrixes and residuary legatees.

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

Alternative writ of mandamus from this court, directed, to the respondent as county auditor of Mower county, to enforce the relator’s claim to compensation as jailor in that county. The cause was, by stipulation, submitted upon the writ and answer, and an agreed statement of facts, in substance as follows : On April 8, 1878, the sheriff of Mower county, by an instrument under his hand and seal, duly appointed the relator jailor of the jail of that county.

The Minnesota Historical Society was incorporated by the following act passed at the first session of the territorial legislature, and… Held: “pursuant to notice, Ex-Gov. Eamsey, the president in the chair,” at which meeting it was “resolved, that the amendatory aet be accepted by the society, and that we now proceed to the election of an executive council,” which was done, and twenty-five, gentleman, including several of the corporators named in the act of 1849, were…

Alternative writ of mandamus to compel the issuance of bonds voted in aid of the St. Paul & Chicago railway. The-case made by- the relator in the information and the alternative writ, is in substance as follows:.

An indictment was found against the defendant in the district court for Dodge county, accusing him “of the crime of selling and disposing of spirituous, fermented, vinous and malt liquors, in quantities less than five gallons, without being first duly licensed according to law, committed as follows,” (describing a sale of liquor at the village of Kasson,) “he the said Martin Hanley not having a license to sell said liquor as aforesaid; contrary to the form of the statute in…

Appeal by defendant from an order of the district court for Chippewa and Lac qui Parle counties. Brown, J., presiding, refusing a new trial.

Plaintiff brought this action, on May 9,1873, in the district court for Cottonwood, Murray ■ and Pipestone counties, to recover possession of a large quantity of lumber, taken by the defendant as sheriff of Cottonwood county on execution on a judgment in favor of the St. Paul Lumber Co., against Ahimiaz E. Wood.- A jury was waived, and the action tried by a referee, who found the facts, in substance, as follows: On June 8, 1872, A. E. Wood was engaged in the-lumber business…

Appeal by plaintiff from an order of tbe district court for Douglas county, McKelvy, J., presiding, refusing a new trial. - Tbe action was on a promissory note signed by tbe defendants Sprague, Baker and Shippey. Sprague made no defence.

<p>Municipal Bonds in Aid of Railway. — Under Sp. Laws 1876, e. 55, the vote of one of the towns mentioned, in favor of granting aid, by issuing town bonds, in the construction of the Minnesota Midland railway, did not of itself authorize the delivery of the bonds to the company. An agreement, as prescribed by section 4 of the act, between the town and the company, was necessary to entitle the company to a delivery of the bonds voted.</p>

Appeal by defendants from an order of the district court for Bamsey county, Simons, J., presiding, refusing a new trial.

Plaintiff brought this action in 1877, in the district court -for Kandiyohi county, against the defendants, mortgage trustees in possession of the main line of the First Division of the St. Paul & Pacific railroad, to recover damages for trespasses committed by them in operating such railroad upon the north half of the southeast quarter of section 32, in township 120, •of range 36, in that county, belonging to the plaintiff.

In each of these actions the complaint was in the usual -form under Gen. St: c. 75, § 1.

<p>Mandamus — Res Judicata. — Where tlie relator institutes proceedings in the district court by alternative mandamus, and that court dismisses the writ, not for any technical defect, but upon a ground which the district court holds shows the relator not entitled to relief, the decision is a bar to another proceeding by mandamus for the same cause.</p>

The defendant moved, in the district court for Hennepin county, to vacate- a writ of attachment, (1) for insufficiency of the affidavit on which the writ was allowed; (2) because the statements in the affidavit were not true; and (3) for want of the bond required by statute. The affidavit stated “that defendant is about to assign or dispose of his property, with intent to delay or defraud its creditors.” The motion was denied by Young, J., and the defendant appealed.

Appeal by plaintiff from a judgment of the district court for Eamsey county, where the action was tried before Brill, J., a jury being waived.

This action was brought in the district court for Hennepin county, by the plaintiff as guardian of the persons and estate of the minor children of Delos T. Jones, deceased, against the defendant Waldron as principal, and the defendant Kruckeberg as surety, and the defendants Alvira Bidwell and others as heirs at law and legatees of M. D. Bidwell, deceased, also a surety, in a bond given by defendant Waldron, as administrator of Delos T. Jones.

Appeal by defendants from an order of the district court for Wabasha county, Mitaliell, J., presiding, refusing a new trial.

On November 5, 1874, one F. A. Taylor, a retail bookseller, made a chattel mortgage of his stock of goods to the plaintiff .and one Hawkins, to secure certain promissory notes. On February 15, 1875, Taylor made a general assignment, for the benefit of his creditors, to the defendant, who took possession of the stock, which had remained in Taylor’s possession ever since the giving of the mortgage.

Complaint, that plaintiff and defendant, in March, 1873, entered into a contract whereby plaintiff was to buy, ship and deliver to defendant, at St. Paul, at plaintiff’s cost, sheep, to be there received by defendant, and by him butchered and sold; the expenses incurred after the delivery of the sheep, aside from the expense of butchering and selling them, and collecting the proceeds, were to be paid by defendant out of the proceeds of sale; and the profits were to be…

This action was brought in the district court for Eamsey county, and was tried before Brill, J., who ordered judgment for plaintiffs for $1,346.06. Defendant moved, before the same judge, that the conclusions of law and order for judgment be modified, or that a new trial be granted.

This action was brought in the district court for Goodhue county, and was tried before Crosby, J., who directed a verdict for plaintiff. A new trial was refused, and defendant appealed.

Appeal by plaintiffs from an order of the district court for McLeod county,.Macdonald J., presiding, refusing a new trial.

Action to recover the value of 311 bushels of wheat and 60 bushels of barley, alleged to have been wrongfully taken from plaintiff’s possession by the defendants.

The defendant was tried and convicted in the district court for Hennepin county, before Vanderburgh, J., and a jury, on an indictment for larceny. Sentence was passed upon him, from which judgment he appeals.

Appeal by defendants from an order of the district court for Hennepin county, Vanderburgh, J., presiding, overruling their demurrer to the complaint.

The plaintiff, as grantee of one Dewitt C. Handy, brought this action in the district court for Hennepin county, to-recover damages for breach of a covenant of seizin contained in a deed from defendant to Handy, the amount claimed being $125, the sum paid by plaintiff to obtain a conveyance from one Lasher, of his alleged paramount title.

Plaintiff brought this action in tbe district court for Bam•sey county, tbe facts stated in bis complaint being in substance as follows: On September 4, 1875, one F. A. Taylor was duly adjudged a bankrupt, by tbe United States district •court for Minnesota, on bis own petition filed on that day, and tbe plaintiff is tbe duly appointed assignee of sucb bankrupt.

Plaintiff brought this action in the district court for Hennepin county, to recover the value of certain wagon-wheels, alleged to be tbe property of plaintiff, and to have been unlawfully taken from his possession by the defendant. The complaint alleged title and possession in the plaintiff, but did not disclose that he held the property as an assignee, or that he sued as such.

This action was brought in the district eourt for Meeker county, and was tried before Brown, J., (a jury being waived,) who found the facts, in substance, as follows: On May 10, 1876, the plaintiff, a farmer, mortgaged a growing crop of wheat, comprising about 160 acres, to one Freeman, to secure the payment of $400, on October 1, 1876, with interest at seven per cent, per annum.

Appeal by defendants from a judgment of the district court ior Wabasha county, where the action was tried before Mitchell, J., who found the facts, in substance, as follows: On November 3, 1863, the plaintiffs, being husband and wife, executed to the defendant Stewart a mortgage of certain real estate in Wabasha county, described in the complaint, •and owned in fee by the plaintiff George H. Williams.

Plaintiffs brought this action in the district court for Hennepin county, to determine the adverse claim of the defendant to certain lots in Minneapolis.

In the fall of 1876, the defendant Delvin made a contract with one Stanchfield, for cutting, hauling and banking a lot of pine logs for Stanchfield. Plaintiff’s intestate, Emery, made a contract with Delvin for hauling and banking such logs or a portion thereof, for which service he was to receive, by the terms of the contract, 28 cents per thousand.

Appeal by plaintiff from a judgment of the district court for Ramsey county, where the action was tried before Brill, J., a jury being waived.

The plaintiff, a corporation, sued the defendant in the late court of common pleas of Bamsey county, upon the following instrument: “$43.33.

<p>Removal to Federal Court. — The act of congress incorporating the defendant, (15 St. at Large, 184,) and declaring it capable “of suing and being sued in the district and circuit courts of the United States, in law or in equity,” does not vest in those courts exclusive jurisdiction of suits by or against the corporation, nor confer on the corporation a right of removal to the federal courts, when sued in the state courts. The right of removal in such cases is controlled by U. S. Rev. St. $ 640.</p> <p>Life Insurance — Suicide—Insanity.—In a life-insurance policy, a condition-that the policy shall be void in case “of the insured dying by his own hand,” does not extend to a case where the insured commits suicide while insane.</p> <p>Evidence held sufficient to sustain a verdict.</p>

Appeal by defendant from an order of the district court for .Sibley county, Macdonald, J., presiding, refusing a new trial.

Plaintiff brought this action in the district court for Eamsey county, in October, 1877, alleging in his complaint that ever since January 1,1876, the Marine Bank of St. Paul has been and is a corporation duly organized and existing under and pursuant to the laws of the state relative to banking corporations, and carried on a general banking business until November 13, 1876, when, being insolvent, it made a general assignment of all its property, for the benefit of its…

Appeal by defendant from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial, after verdict for plaintiff.