Volume 36 — Minnesota Reports

<p>Appeal by plaintiff from a judgment of the district court for Hennepin county, entered by direction of Young, J.</p>

The plaintiff, Jane Eiley, presented to the probate court for Stearns county a claim of $885 against the estate of defendant’s intestate, Anthony Fawcett, “for services as nurse bestowed at the special instance and request of said Anthony Fawcett, deceased, in waiting upon, caring for, watching with, and attending deceased. ” The claim was contested and disallowed, and the claimant appealed upon questions of law and fact to the district court for the same county, where the…

Plaintiff, as administratrix of her deceased husband, Henry L. Morse, brought this action in the district court for Freeborn county, to recover $5,000 damages for alleged negligence of defendant resulting in the death of her intestate, who was a locomotive engineer in defendant’s service.

Appeal by plaintiff from a judgment of the district court for Pipe-stone county, where the action (which was brought to enforce a lien for material) was tried by Severance, J., without a jury.

Appeal by plaintiff from a judgment of the district court for Nobles county, where the action was tried by Perkins, J., without a jury.

These actions were brought in the district court for Hennepin county, against Philo Eemington and his wife, Louis P. Menage and his wife, and Eobert S. Innes, and were tried together by Young and Koon, JJ., without a jury. In each ease a judgment was ordered for plaintiff, a new trial was refused, and the defendants appealed.

Appeals.by defendants Kelly and Heffelfinger from an order of the district court for Hennepin county, Koon, J., presiding, overruling their separate demurrers to the complaint.

Plaintiff brought this action in the district court for Eamsey county to establish his equitable ownership of an undivided half of certain described land in that county, subject to the defendant’s lien for one-half the amounts paid by him in redeeming the land from a mortgage sale, in payment of taxes, and in procuring tax titles.

Plaintiffs, as mortgagees of a crop of growing wheat, brought this ■action in a justice’s court in Lac qui Parle county, alleging that on October 1, 1883, Nelson, the mortgagor, made default in payment of •the mortgage debt, ($38.82,) whereupon, by the terms of the mortgage, plaintiffs became the owners and entitled to the immediate possession of the mortgaged wheat, and that on or about November 1, 1883, the defendant unlawfully took from plaintiffs’ possession, and…

Appeal by defendants from an order of tbe district court for Bamsey county, Wilkin, J., presiding, refusing a new trial after verdict for plaintiffs.

Appeal by defendant from a judgment of the district court for Scott •county, where the issues were tried by Macdonald, J., and a jury, upon whose special findings a judgment was ordered for plaintiff, and the defendant’s motion for a new trial was denied.

Appeal by plaintiff from an order of the district court for Hennepin county, Lochren, J., presiding, overruling a demurrer to the answer. The action was brought for the cancellation of a mortgage made by plaintiff’s husband upon their homestead. The answer alleges that after the making and delivery of the mortgage the plaintiff was divorced from her husband, who after the divorce conveyed the premises to the plaintiff, subject, to the mortgage, which plaintiff agreed to pay.

Appeal by plaintiffs from a judgment of the district court for Waseca county, where the action was tried before Buckham, J., without -a jury.

The 'defendant was arrested and brought before the municipal court of Mankato, upon a charge of violating an ordinance of the city, by a sale of intoxicating liquors in a less quantity than five gallons. A motion to dismiss for insufficiency of the complaint having been denied, the defendant demanded a jury trial which was refused. The action was thereupon tried by the court, and the defendant was found guilty, and he appeals from the j udgment.

Appeal by I. B. Bosenthal and others, creditors of the .insolvent in these proceedings, from an order of the district court for Hennepin county, Lochren, J., presiding, denying their application for an order directing the assignee to pay to them certain dividends, and, in case of failure to pay the same, for leave to prosecute the bond of the assignee.

The plaintiff brought this action in the district court for Ramsey county, to recover the value of merchandise sold and delivered to the defendant.

Appeal by the Stillwater Gas Company (impleaded with E. W. Kerr and the administrator of E. W. Kerr) from an order of the district court for Washington county, Crosby, J., presiding, overruling its demurrer to the complaint. The action is brought to have a trust in favor of plaintiff impressed upon the sum of $3,500, alleged to be in possession of the appellant.

The plaintiff brought this action in the municipal court of Minneapolis, on May 4, 1886, to obtain restitution of certain leased premises.

■ Plaintiff brought this action in the district court for Hennepin county, to determine adverse claims to certain land in that county. The action was tried; without a jury, by Young, J., who found the facts recited in the opinion, and directed judgment for the plaintiff. The defendants appeal from an order refusing a new trial. !

The St. Paul & Northern Pacific Railway Company instituted proceedings in the district court for Ramsey county to condemn a right of way over lands of various persons and corporations, among whom was the Minnesota, St. Croix & Wisconsin Railroad Company.

Appeal by defendant from an order of the district court for Ramsey county, Wilkin, J., presiding, overruling a demurrer, to the complaint, in which it was alleged that the injury complained of occurred on September 11, 1884, and it was not alleged that any notice of the injury had ever been given to the mayor or clerk of defendant.

Appeal by defendant from an order of the district court for Douglas county, Collins, J., presiding, refusing a new trial after a verdict for plaintiff for $200. cited Phillips v. Dickerson, 85 111. 11, and Brown v. Chic., M. é St. P. By. Co., 54 Wis. 342, (11 N. W. Eep. 356.) cited Brown v. Chic. M. & St. P. By.

Tbe plaintiff brought this action in the district court for Dodge county, to foreclose a real-estate mortgage executed by the defendant Joel W. Crowe to the- plaintiff, joining as defendants the widow and heirs of one George Hollerith, the Springfield Savings Bank, Jane A. Cudworth, and others. Notice of lis pendens was filed against all the defendants.

<p>Appeal by Maryett Webster and other defendants from an order of the district court for Becker county, Baxter, J., presiding.</p>

<p>Appeal by plaintiff from a judgment of the municipal court of Minneapolis.</p>

The plaintiff, as administrator, with the will annexed, of Ann Salter, deceased, brought this action in the district court for Hennepin county, to recover the possession of certain' real estate, as a part of the estate of his testatrix.

One Salsbury having recovered judgment against one William A. Rogers, and execution having been returned unsatisfied, the plaintiff in this action was appointed receiver of the property of Rogers, in proceedings supplementary to the execution, and, as such receiver, brought this action in the district court for Hennepin county, to set aside conveyances of land made by Rogers to the defendants, upon the ground that the same were fraudulent as to creditors and made without…

The plaintiff brought this action in the district court for Ramsey county, to foreclose a mortgage executed by defendants Helen S. Stone and husband. Defendant Brown, a junior mortgagee, answered, setting up, among other defences, that the plaintiff had, in September, 1885, commenced a suit in the United States circuit court lor Minnesota to foreclose this same mortgage, and had thereby debarred itself from doing business or maintaining suits in this state.

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

The plaintiff brought this action in the district court for Douglas county, upon a policy of insurance issued by the defendant. In its answer the defendant pleaded that the applicant for the insurance falsely represented that the property was unincumbered, whereas in fact it was mortgaged. The reply, as amended on the trial, alleged that at the time of making the insurance the defendant had knowledge-of the existence of the mortgage.

The plaintiff brought this action in the district court for Olmsted county, to recover $10,000 damages for an alleged indecent assault by the defendant. At the trial, before Start, J., and a jury, the plaintiff having put in evidence as a part of her case a letter written by the defendant, the court allowed the defendant, against plaintiff’s objection and exception, to explain the meaning of the letter.

The plaintiffs brought this action in the district court for Bámsey •county, to obtain the cancellation of certain deeds and mortgages held by the defendants, and for an accounting of moneys advanced by the defendant Berryhill to the plaintiffs and of moneys received by defendant Berryhill from, or for the account of, the plaintiffs.

The plaintiff brought this action in the district court for Hennepin county, to recover damages alleged to have been caused by the deceit of the defendants in falsely representing the value of a laundry business sold by them to the plaintiff. The action was tried before Koonf J., and a jury, and, when plaintiff rested his case, was dismissed by the court on the ground that there was nothing to go to the jury. Plaintiff appeals from an order refusing a new trial.

The plaintiff brought this action in the district court for Douglas, county, to recover the possession of certain personal property of the value of $300, alleged to have been wrongfully and unlawfully taken from the possession of the plaintiff by the defendants. The answer admits and justifies the taking of the property, under and by virtue of five chattel mortgages executed by the plaintiff and covering the property in question.

This action was brought in a justice’s court in Otter Tail county, to recover for the alleged conversion of certain wheat, and was removed by appeal on questions of law and fact to the district court for the same county, and there tried by Baxter, J., a jury having been waived. The court found as facts, that on April 27, 1885, one Page, then the owner of the wheat, executed to the plaintiff a chattel mortgage on the same, which was duly filed on April 28, 1885.

The plaintiff brought this action in the district court for Otter Tail county, to recover the possession of a span of horses. Upon a trial, before Baxter, J., and a jury, the plaintiff had a verdict. Plaintiff appeals from an order granting a new trial on the ground that the verdict was against the evidence.

Upon the commencement of this action plaintiff duly garnished George W. Stewart, whose disclosure was taken before a referee. From the disclosure it appeared that the garnishee held no property of defendant except under an assignment for the benefit of creditors made to him by the defendant prior to the garnishment. The assignment was made in Crow Wing county in the eleventh judicial district where the defendant resided.

Plaintiff brought this action before a justice of the peace upon a written contract for the purchase of twine, made and signed by the defendant. The answer denied each and every allegation of the complaint. Plaintiff having offered the contract in evidence, it was objected to on the ground that there was no proof of its execution. The objection was overruled.

Appeal by defendant from an order of the district court for Brown county, Webber, J., presiding, overruling a demurrer to the complaint in which was set out in full the contract of insurance sued upon.

Action on the bond of E. B. Lincoln, plaintiff’s cashier, against principal and three sureties.

Appeal by defendant from a judgment of the district court for Steele county. The action was to recover possession of real property, and -was tried by Start, J., (acting for the judge of the 5th district,) without a jury.

Appeal by defendant from an order of the district court for Clay county, Collins, J., presiding, refusing a new trial after verdict of $1,250 for plaintiff.

<p>Appeal — Case.—Judgments affirmed, because there is no statement of the-case or bill of exceptions to present the errors assigned.</p>

<p>Certiorari to review proceedings on a highway appeal before a justice of the peace.</p>

Appeal by defendant from an order of the district court for Anoka county, Koon, J., presiding, refusing a new trial, after a verdict of $500 for plaintiff.

The plaintiff, as guardian of Sarah G. Huntsman, Henry E. Huntsman, Mary L. Huntsman, and Frances B. Huntsman, minor children of Diedrich A. Huntsman and Mary A. Huntsman, deceased, brought this action in the district court for Hennepin county, to recover money which had been received by the defendant for the account of the plaintiff as such guardian. The action was tried before Young, J., without a jury, and judgment directed for the plaintiff.

The plaintiffs brought this action in the district court for Hennepin county, to recover the possession of a strip of land in Minneapolis. Upon the trial before Young, J., and a jury, the plaintiffs having rested, their case, the action was dismissed, on defendant’s motion, for plaintiffs’ failure to make out a case. Plaintiffs appeal from, an order refusing a new trial.

In this action judgment was entered in the district court for Lincoln county, in favor of plaintiff, for the sum of $1,893.61. Thereafter the defendant brought an action in the same court to have the-judgment declared satisfied because of an alleged release under seal, which action is still pending and undecided. After the commencement of this last action, the defendant applied to the court for an order to enter a satisfaction of the judgment.

Plaintiff brought this action in the district court for Goodhue ■county, to recover the possession of one-fourth of certain wheat, oats, and barley. The plaintiff claims under a chattel mortgage given by one Hermanson. The wheat in controversy was raised upon defendant’s farm under an agreement between him and Hermanson that the latter should, for his services and work upon the farm, receive one-fourth of the wheat, oats, and barley raised.

Appeal by defendant from a judgment of the district court for Hennepin county, where the action was tried by Young, J., a jury being waived.

This was a proceeding on behalf of the city of St. Paul, by its board of water commissioners, to take lands for the use of its water-works. The city and the board appeal from an order of the district court for Ramsey county, Simons, J., presiding, refusing to dismiss Gurney’s appeal from the award of damages.

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

Plaintiff brought this action in the municipal court of St. Paul, to recover for goods sold and delivered.

On December 1, 1882, plaintiff was appointed receiver of the estate of Pauline Graeff, an insolvent debtor. As such receiver he brought this action in the district court of Olmsted county, to recover property alleged to have been transferred by the insolvent, on August 24, 1882, to the defendant Doty, with a view to give a preference, etc. A demurrer to the complaint was overruled by Start, J., and the defendants appealed.

Appeal by plaintiff from an order of the district court for Washington county, McCluer, J., presiding, refusing a new trial.

Appeal, by defendant from a judgment of the district court for Murray county, Perkins, J., presiding, affirming a justice’s judgment from which the defendant had appealed on questions of law alone.

Action in the municipal court of Minneapolis, for use and occupation of certain premises. Defendants went into possession, March 15, 1885, without authority from plaintiff, (a non-resident,) and subsequently endeavored unsuccessfully to obtain a lease. On the trial before the court without a jury, the defendants offered in evidence the following, marked “Exhibit 1:” “Minneapolis, Minn., March 30, 1885. “Messrs.

Plaintiff brought this action in the district court for Anoka county,, to recover arrears of salary as city attorney.

Appeal by defendant from a judgment of the district court for Hennepin county, where the action was tried by Young, J., a jury being waived. The only evidence offered by defendant was the record of a former action on the same judgment, which resulted in the judgment .of dismissal mentioned in the opinion.

Action to recover possession of a portable steam-engine, claimed by plaintiff as purchaser from one Storer, and by defendant as assignee of a chattel mortgage made by Storer before the sale, and overdue and unpaid.

Appeal by defendant from a judgment of the district court for Ramsey county, where the action was tried before Simons, J., and a jury, and a verdict directed for plaintiff.

Action brought in the district court for Clay county to recover damages for the taking and detention of a buggy, alleged to be plaintiff’s property, and taken by defendant, as sheriff, from the possession of one Gallup by virtue of a writ of attachment issued in an action on a foreign judgment against Gallup. At the trial, before Collins, J., and a jury, the plaintiff had a verdict. A new trial was refused and judgment entered, from which the defendant appeals.

Plaintiff brought this action in the district court for Hennepin 'county to determine defendant’s adverse claim to vacant lands. The •defendant, in its answer, alleged that on November 20,1884, the lands 'were owned in fee by one Menage,- and the other transactions recited :in the opinion. A demurrer to the answer was overruled by Rea, J., ¡and plaintiff appealed.

Appeal by defendant from an order of the district court for Ramsey county, refusing a new trial after a trial before Simons, J., and a jury, and verdict of $3,500 for plaintiff.

Action by plaintiff to recover a commission as real-estate broker for services in procuring a purchaser of certain real property. At the trial in the district court for Hennepin county, before Koon, J., plain-, tiff introduced, against defendant’s objection and exception, the testi-. mony of one Schrimpf, the purchaser alleged to have been procured by plaintiff, as to the terms of the oral bargain made by him with plaintiff in defendant’s absence.

Action to recover possession of personal property. In his answer the defendant denied plaintiff’s ownership and alleged that he took the property as sheriff, by virtue of a writ of attachment in a suit by one Holloway against one Robert Kenney, a non-resident, who was the owner of it.

Plaintiff brought this action in the district court for Bamsey county, in 1884, to recover the amount of a deposit of $5,000, made by her husband in her name, in July, 1869, with the then banking-house of Dawson & Co., in which the defendants were partners. After the decisión of this court, (33 Minn. 399,) sustaining the complaint as against a demurrer, the action was tried before Simons, J., and a struck jury, and the defendants had a verdict.

One Oase sued Sandstrom and Eiehter in replevin, and on June 22, 1885, defendant Bowlin on behalf of Sandstrom and Eiehter, and the other defendants as sureties, executed the statutory bond to obtain return of the property. On August 21, 1885, Oase recovered judgment in the replevin suit for a return of the property'or $211, and on August 27,1885, assigned the judgment to this plaintiff.

Plaintiff brought this action in the district court for Houston county, to recover possession of personal property taken from him by defendant. The defendant justified the taking under a chattel mortgage of the property made by plaintiff to one Bogan, by whose assigns defendant was employed to take the property.

Appeal by plaintiff from an order of the district court for Steele county, Buckham, J., presiding, refusing a new trial.

Appeal by defendants from an order of the district court for Hennepin county, refusing a new trial after a trial by Rea, J., without a jury.

Cross appeals from an order of the district court for Ramsey county, Brill, J., presiding, sustaining a demurrer to the answer, but determining that the plaintiff was not entitled to recover all that was ■claimed in the complaint.

Plaintiff brought this action in the district court for Morrison county, to recover a balance of account for disbursements, charges, commissions and advances, on wheat consigned by defendant to plaintiff at Duluth in this state, and which had been sold by plaintiff, some of it against defendant’s instructions. The nature of the defence appears in the opinion. At the trial before Collins, J., the plaintiff had a verdict; a new trial was refused, and the defendant appealed.

Plaintiffs, five of the six children and heirs-at-law of William E. Woodcock, (who died April 18,1882,) brought this action in the district court for Hennepin county, to set aside an instrument, bearing date April 6, 1882, and purporting to be a conveyance by their father of certain lands to their brother, Herbert C. Woodcock, from whom, by sundry conveyances, the title thus acquired passed to the widow of Wm.

Appeal by plaintiff from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial.

<p>•Statement of Case — Certificate of Reporter. — A certificate of the official reporter that a statement of the ease contains all the evidence, if made a part of the settled case by being left in it when settled, is a sufficient showing that the case contains all the evidence.</p> <p>Evidence held to sustain the verdict.</p>

Plaintiff brought this action in the district court for Scott county to recover the value of 400 bushels of wheat, alleged to be his property, and to have been taken from his possession by the defendant, sheriff of the county, under a writ of execution on a judgment in favor of Frank Nicolin and against one Anton Hartman, the plaintiff’s father.

<p>Appeal by plaintiffs from a judgment of the district court for Washington county, McCluer, J., presiding.</p>

Appeal by defendant from an order of the district court for Nobles county, Perkins, J., presiding, refusing a new trial. At the trial the plaintiff’s evidence of damage was merely evidence of the difference between what the horse was worth when sold, and what it would have been worth had it been as warranted.

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

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

<p>Intoxicating Liquors — Jurisdiction of District Courts. — Both the constitution and the statute authorize the district court to try indictments-for selling liquor without license; following State v. Kobe, 26 Minn.. 148, and Agin v. Heyward, 6 Minn. 53, (110.)</p> <p>Same — Indictment—Sale of “One Pint.” — An allegation inan indictment that the defendant sold one pint, means that he sold that quantity, and no-more.</p> <p>Same — Tender of Bond and License Pee.— That a party executed the-bond, and tendered the fee required for a license, does not give him the right to sell liquors, unless he got a license.</p> <p>Same — Burden of Proof of License. — When, under such an indictment, a sale is proved, the onus of proving license is on the defendant.</p>

Action to recover $500, as the reasonable value of professional services of the plaintiffs as attorneys-at-law. Defence, (inter alia,) that what services were performed were rendered under a special contract by which the defendant agreed to furnish each of the plaintiffs an annual pass over that part of its line between Willmar and Fergus Falls, and that the services were worth no more than such passes, and that the passes were furnished.

Appeal by plaintiff from an order of the district court for Hennepin •county, Young, J., presiding, refusing a new trial.

Appeal by plaintiff from an order of the district court for Stevens county, Brown, J., presiding, refusing a new trial after verdict for defendants in an action for the price of goods sold and delivered.

These were two proceedings in quo warranto, instituted in this court by the attorney general. Before answering, the respondent in each case moved to quash the writ for want of jurisdiction, on the ground that the writ showed that the state had a plain, adequate, and complete remedy by civil action in the district court. The motions were denied. The respondents thereupon answered, and the cases were heard together upon demurrers to the answers.

Plaintiff brought this action in the district court for St. Louis county, to recover arrears of rent from one Fratenburgh, the lessee, and the defendants Wallace Warner and Michael Fink as guarantors.

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

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

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

Action brought in the district court for Dakota county, to recover the price of logs sold and delivered. After the decision of the second of the former appeals mentioned in the opinion, the defendant .amended his answer.

Appeal by defendant from an order of the district court for Bice county, BucTcham, J., presiding, refusing a new trial after a verdict of $250 for plaintiff.

<p>Appeal by defendant from a judgment of the municipal court of St. Paul.</p>

Appeal by defendant from an order of tbe district court for Crow Wing county, Stearns, J., presiding, refusing a new trial.

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

Appeal by defendant from a judgment of the municipal court of St. Paul, convicting him of violation of a city ordinance and imposing a fine of $100.

Appeal by plaintiff from an order of the district court for Goodhue ■county, Crosby, J., presiding, refusing a new trial.

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

The plaintiffs brought this action in the district court for Todd county, to recover the possession of a pair of horses, claiming the right of possession under a chattel mortgage from the owner, one Bosworth, which mortgage was duly filed on April 7,1885.

In this action, pending in the district court for Faribault county, the garnishee summons was duly served on November 7,1885. From the disclosure of the garnishee it appeared that he had at this time certain notes belonging to the defendant in his possession.

Plaintiff brought this action in the district court for Hennepin county, to recover damages for the alleged unlawful conversion by defendants of certain cattle. The answer denied the conversion, and alleged that the plaintiff gave the defendants a bill of sale of the cattle as security for a loan, and afterwards delivered the cattle to them in payment.

Appeal by the defendant from a judgment of the district court for Morrison county, where the action was submitted to Collins, L, upon the pleadings and stipulated facts.

Plaintiffs brought this action in the district court for Bice county, to recover the possession of real property. The action was tried before a jury who disagreed, and thereafter the plaintiffs entered a dismissal of the action and served notice thereof upon the defendants. Upon plaintiffs’motion the court then struck the action from the calendar, and judgment of dismissal was entered, from which the defendants appeal.

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

Appeal by defendants from an order of the district court for Bamsey- county, refusing a new trial after a trial before Brill, J., without a jury.

Action for deceit, brought in the district court for Hennepin county. The complaint alleges, in substance, these facts: The plaintiff was in negotiation with one Edwards for an exchange of a lot belonging to plaintiff in Minneapolis for a lot belonging to defendant in Grand Bapids in Cass county which Edwards offered to have conveyed to plaintiff.

Plaintiff brought this action in the district court for Hennepin county against defendants Croswell and Charles Ellis, William Stevens and I. P. Tidd, to recover for goods alleged to ha^ve been sold and delivered to them as partners under the name of the Minneapolis Barrel Company. Defendants Stevens and Croswell each answered separately, denying the partnership. At the trial before Koon, J., and a jury, the plaintiff had a verdict.

This action being brought on for trial in the district court for Hem nepin county, Young, J-, presiding, the court ordered judgment for plaintiffs, for insufficiency of the answer. The defendant appeals from the judgment.

Plaintiffs brought this action in the district court for Hennepin county, to recover the price of lumber sold, as alleged, to defendant. The defence was a general denial.

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

Action to recover possession of personal property, claimed by plaintiff under a mortgage made and filed in Turner county, Dakota, in May, 1883, to secure notes bearing 12 per cent, interest, and by defendant as a purchaser from the mortgagor. At the trial in the district court for Rock county, before Perkins, J., the defendant had a verdict. The plaintiff appeals from an order refusing a new trial.

Plaintiff brought this action in the district court for Eamsey county, to recover $495, which he alleged had been stolen from him while a guest in defendant’s hotel in St. Paul, and while he was asleep in his room, the door of which he had bolted, the bolt however proving insecure.

Appeal by defendant from an order of the municipal court of Minneapolis refusing a new trial. The action was by tenant against landlord for damages resulting from the acts of the latter in carelessly cutting through the roof of the building in which the rooms hired by plaintiff were situated, thereby causing a leak through which rain and melted snow came and injured plaintiff’s goods.

Plaintiff brought this action in the district court for St. Louis county, to determine defendant’s adverse claim to certain unoccupied land. The defendant denied plaintiff’s title, alleged title in himself under the tax proceedings recited in the opinion, and asked judgment declaring and adjudging him to be the owner. The action was tried by Stearns, J., who ordered judgment for the defendant, from which the plaintiff appeals.

Plaintiffs brought this action in the district court for Eedwood county, against four defendants, on their joint promissory notes. Three only of the defendants were served, and no one of the four answered or appeared. After expiration of the time for answering, the plaintiffs, on June 23, 1882, caused judgment to be entered against the three defendants served.

Condemnation proceedings. On the trial of the plaintiffs’ (landowners’) appeal from the award in the district court for St. Louis county, before Stearns, J., the jury found specially that the value of the “lots” mentioned in the opinion was $1,500, and returned a general verdict for plaintiffs, assessing their damages at $5,000. The defendant appeals from an order directing that judgment for $5,000, -with interest, etc., be entered in favor of plaintiffs.

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

Appeal by defendant from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial after verdict of $2,588.79, for plaintiff.

<p>Tax-Judgment Sale — Auditor’s Certificate, when to be Executed__ The statute (Laws 1874, c. 1) contemplates that the auditor’s certificate of tax sale shall be executed at the time of the sale, or within such time thereafter as may be reasonably necessary for that purpose.</p> <p>Same — Effect of Delay. — A certificate not executed until many years after the sale is without statutory authority, and is of no effect.</p>

Appeal by plaintiff from a judgment of the district court for Nobles county, where the action was tried by Perkins, J., without a jury.

Plaintiff brought this action in the district court for Eamsey county for specific performance of an alleged agreement by defendant to convey certain real estate to plaintiff. The defendant in his answer denied the making of any contract or that any negotiations were had between the parties except by means of certain letters which are set •out in full.

Appeal by defendants from an order of the district court for Otter Tail county, refusing a new trial after a trial before Baxter, J., a jury being waived.

The St. Paul, Minneapolis & Manitoba Ry. Co. instituted proceedings to condemn certain land in Hennepin county. An appeal from the commissioners’ award was taken by R. P. Russell, which appeal was removed to Anoka county, and tried by a jury, upon whose verdict a judgment was entered, and the amount of the judgment was paid into court by the company.

Appeal by defendant from an order of the district court for Ramsey county, refusing a new trial after a trial by Brill, J., a jury being waived.

Plaintiff brought this action in the district court for Blue Barth ■county to recover damages to a lot on Washington street in Mankato, resulting from the acts of defendant in collecting water and ■discharging it upon plaintiff’s lot. A jury was waived, and the action tried before Severance, J., who ordered judgment for plaintiff. A new trial was refused, and the defendant appealed.

After the decision of a former appeal, (reported 32 Minn. 45,) this action was again tried in the district court for McLeod county before Macdonald, J., and the same special questions as before were submitted to the jury, with the same result as on the former trial. Judgment was ordered for plaintiff, a new trial was refused, and the defendant appealed.

<p>Appeal by defendants from a judgment of the district court for St. Louis county, Stearns, J., presiding.</p>

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

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

Appeal by defendant from a judgment of the district court for Wadena county, where the action was tried by Baxter, J., without a jury. The action was brought by the purchaser at a mortgage sale against the mortgagor to recover possession after the year of redemption. It was begun in justice’s court, and certified to the district court because involving a question of title.

Appeal by defendants from an order of the district court for Washington county, Crosby, J., presiding, denying their motion to set aside the sale and subsequent proceedings in a foreclosure suit, and granting the motion of plaintiff (who had purchased at the sale) for an order directing the sheriff to put her in possession.

Plaintiff, as executor of E. W. Grosvenor, brought this action in the district court for Hennepin county to recover the amount of two due-bills, of different date, each signed by the defendant, and each stating that “there will be due to E. W. Grosvenor, on our final •settlement on the purchase of ” a section of land described in it, “the sum of $3,023.75.” In his complaint the plaintiff alleges that the due-bills were given for the price of Grosvenor’s equitable internet in…

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

Appeal by defendant from an order of the district court for Winona county, Start, J., presiding, refusing a new trial, after verdict of $3,000 for plaintiff.

Appeal by defendant from an order of the district court for Steele county, Buckham, J., presiding, overruling its demurrer to the complaint.

Appeal by defendant from an order of the district court for Hennepin county, Young, J., presiding, overruling its demurrer to the complaint, which stated the following facts: On May 12,1882, one McCarthy was arraigned in the municipal court of the city on a charge of “swindling on a railroad ear,” and the cause was continued until May 15th, and the plaintiffs, with McCarthy and as sureties for him, executed an “appearance bond,” wherein it was provided that if McCarthy…

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

Plaintiff brought this action in the district court for Hennepin county, to recover damages for injuries received while working in defendants’ flouring-mill, under the circumstances detailed in the opinion. The action was tried before Lochren, J., and the plaintiff had a verdict. A new trial was refused, and the defendants appealed. A former appeal in the action is reported, 34 Minn. 397.

Appeal by defendant from an order of tbe district court for Bamsey county, Simons, J., presiding, refusing a new trial after a verdict of $5,000 for plaintiff.

Action brought in the municipal court of Stillwater, to recover the value of clothing stolen from plaintiff’s room in defendant’s hotel in that city. The action was tried by the court, and judgment ordered for plaintiff. The defendant appeals from an order refusing a new trial.

[Replevin for a billiard table, brought in justice’s court, and removed, by appeal on questions of law alone, to the district court for Clay county, where the justice’s judgment was reversed by Baxter, J., and judgment ordered and entered for plaintiff, from which the defendant appealed. The table originally belonged to one J. B. Unger, and was in the saloon of the Northwestern Hotel at Glyndon.

Appeal by defendant from an order of the district court for Stearns county, Collins, J., presiding, overruling its demurrer to the complaint.

This action being at issue on the complaint and the answer of defendant Lyon, and being brought on for trial in the district court for Hennepin county, before Lochren, J., the defendant Lyon moved for judgment on the pleadings. The motion was granted, judgment was entered, and the plaintiff appealed.

Appeal by William Dowlan and others from a judgment of the district, court for Sibley county, to which they had appealed from the determination of the county commissioners in proceedings for the establishment of a public ditch, and where the appeal was tried by Macdonald, J., and a jury.

Appeal by defendant from a judgment of the district court for Carlton county, where the action was tried by Stearns, J., and a jury.

At the trial of this action in the district court for Hennepin county, before Young, J., the court refused to allow plaintiff to introduce any evidence, holding that the complaint failed to state a cause of action. Judgment of dismissal was thereupon ordered and entered, from which the plaintiff appeals.

Action in the district court for Hennepin county against the defendants Thori & Malmberg, to recover the value of materials sold and delivered to them for use, and used, in building a house for defendant Grant, and against defendant Grant to enforce a lien against the building, etc. Defence by Grant that the plaintiffs were sureties on a bond given to him by Thori & Malmberg, conditioned for the faithful performance of the building contract, one of the provisions of which…

The plaintiffs, Lizzie Teipel, Martin Teipel, and Caspar Teipel, three of the five children and heirs-at-law of Lewis Teipel, deceased, brought this action in the district court for Ramsey county, in September, 18S5, to set aside as void a deed executed by their ancestor, but not delivered by him, purporting to convey certain real estate to one Martin Bruggermann, and a deed of the same property from Bruggermann to Mary Teipel, widow of Lewis, who afterwards became the wife…

Plaintiff brought this action in the district court for Hennepin county, to restrain the defendant from constructing a railway across lots 4, 5, 6, and 7, in block 13, in St. Anthony city, (now included in East Minneapolis,) or from further prosecuting proceedings, in which commissioners had already been appointed, to condemn a right of way across the same.

Appeal by defendant from an order of the district court for Scott-county, Macdonald, J., presiding, refusing a new trial after verdict for plaintiff. The action was brought to recover the value of a farmhouse, granary, and other buildings, with their contents, destroyed by fire kindled, as alleged, by sparks from a locomotive of defendant, the complaint charging that the locomotive was improperly constructed and negligently operated.

Cross appeals by the relator and by the defendant, auditor of St. Louis county, from an order of the district court for that county, Start, J., presiding, (acting for the judge of the 11th district,) directing the issue of a peremptory mandamus, requiring the defendant to certify to the relator the amount due upon the redemption of each of the parcels of land described in the alternative writ, the interest of the state in which was assigned on or prior to April 24, 1879, and…

Appeal by plaintiffs from a judgment of the district court for Swift ■county, entered on the report of C. L. Brown, Esq., referee.

In proceedings in the district court for Stevens county to enforce payment of taxes on real estate in that county remaining delinquent-on the first Monday of January, 1886, the St. Paul, Minneapolis & Manitoba Eailway Company made answer as to certain parcels embraced in the delinquent list, alleging the matters recited in the opinion.

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

<p>Appeal by defendant from a judgment of the municipal court of Minneapolis.</p>

This was a proceeding instituted in the district court for Hennepin county, to condemn for the petitioner a crossing at grade over the right of way and tracks of the respondent, the St. Paul, Minneapolis & Manitoba Railway Company, at First street in the city of Minneapolis.

Plaintiffs brought this action in the district court for Hennepin •«ounty for breach of the covenants against incumbrances in two warranty deeds from defendant to plaintiffs, by the first of which, bearing date September 14,1881, she conveyed to plaintiffs the east half, ,-and by the second of which, bearing date April 1, 1882, she conveyed ito them the west half, of lots 1 and 2, in block 31, in Jackson, Daniels & Whitney’s addition to Minneapolis.

Plaintiff brought this action in the district court for Wabasha county, against the defendant as successor to the liability of the… Held: by defendant subject to all demands, claims, and rights of action against the Plainview Company arising out of the latter company’s having theretofore obtained and disposed of certain bonds and coupons purporting to have been issued by the towns of Plainview, Elgin, and Viola to the Plainview Company; and that in taking a transfer…

Plaintiff brought this action in the district court for Morrison county, to recover damages for the killing of cattle by a locomotive of defendant, at a point where its track was not fenced. The defendant pleaded that the cattle came upon its track at a point within its depot grounds at Rovalton, which it was not required to fence.

Appeal by defendants from an order of the district court for Hennepin county, Rea, J., presiding, refusing a new trial. The action was for rent on a verbal lease, for the months of June, July, and August, 1886. The plaintiff claimed that the lease was for a year and the defendants that it was from month to month. It was admitted that the defendants vacated the premises on May 31,1886.

Plaintiff brought this action in the municipal court of Minneapolis, to recover $55.70 paid by him for defendant’s use.

Appeal by defendant from an order of the district court for Polk county, Stearns, J., presiding, refusing a new trial after verdict for plaintiff. The action was to recover the value of hay, farm-buildings, etc., destroyed by fire, kindled, as alleged, by sparks negligently permitted to escape from a locomotive of defendant and igniting the stubble negligently left on its right of way.

Appeal by defendant from an order of the district court for Anoka county, Koon, J., presiding, refusing a new trial. Defendant’s railroad was located and built across plaintiff’s farm, and cattle belonging to plaintiff were killed, while upon this part of the track, by a locomotive. The question was whether the cattle or the locomotive was rightfully upon the locus in quo at the time of the accident.

In these actions, Gertrude Treise sued for damages for personal injuries occasioned by a defective street, and John Treise (her husband) sues for loss of her services in consequence of her injuries.

Appeal by plaintiff (a corporation) from a judgment of the district court for Nobles county, where the action was tried by Perkins, .J., a jury being waived. The action was on the following guaranty indorsed on the note of one Chaney: “I hereby guarantee the collection of the within note, waiving demand, notice, and protest.

In proceedings for enforcing a sidewalk assessment in the city of St. Paul, application was made to the district court for Ramsey county for judgment against certain lands of the Oakland Cemetery Association. The land-owner appeared and objected on the ground that the land assessed was owned and used by it exclusively as a cemetery.

Plaintiff recovered judgment by default in a justice’s court in Ramsey county, in an action to recover a commission for making a sale of real estate. The defendant appealed, upon questions of law and fact, to the municipal court of St. Paul, and in that court was allowed, against plaintiff’s objection and exception, to interpose an answer. At the trial, when the plaintiff had rested his case, the action was dismissed, on defendant’s motion.

Defendant was tried in the district court for Hennepin county before Koon, J., and a jury, on an indictment for rape, was convicted and sentenced to ten years’ imprisonment at hard labor, from which judgment he appeals.

Defendant was tried and convicted in the district court for Hennepin county, before Young, J., and a jury, on an indictment for grand larceny. She appeals from an order refusing a new trial.

'Plaintiff brought this action in the district court for Jackson county, to recover the value of 24 hogs, the property of the plaintiff, which had been received by the defendant, as a common carrier, to be transported from St. Paul to Chicago, and which died in transit, owing, as alleged, to the defendant’s negligence. ' The answer denied any negligence. The action was tried before Verkins, J., and a jury, and plaintiff had a verdict.

Action in the district court for Hennepin county, to determine defendant’s adverse claim of a lien upon premises in Minneapolis. Trial before Young, J., and judgment for plaintiffs, from which the defendant appeals.

Condemnation proceedings. In each case the railway company appealed from the award to the district court for Rock county, where a trial was had before Perkins, J., and a jury, and an appeal taken by the company from an order refusing a new trial.

Action for partition, brought in the district court for Nobles county. Both parties derive title from the three children and heirs-at-law of Hamilton McCollom, deceased, defendant claiming one-half, under a deed made June 8, 1883, by Henry, one of the children, and the plaintiffs claiming two-thirds, under deeds made in December, 1883, by Hannah M. and Hamilton, the other two children.

Appeal by plaintiff from an order of the district court for Le Sueur county, Macdonald, J., presiding, granting a new trial, after a verdict for plaintiff.