Volume 38 — Minnesota Reports

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

The plaintiff brought this action in the district court for Nobles county, alleging in his complaint, in substance, the following facts: • In 1880 the defendant Halverson, who was the owner of a quarter-section of land, mortgaged it to the defendant, the Edinburgh American Land Mortgage Company, to secure the payment of the sum of $400, with interest at the rate of nine and one-half per cent, per annum.

The plaintiff, Jane Eiley, presented to the probate court for Stearns county a claim against the estate of defendant’s intestate. The claim was disallowed, and plaintiff appealed to the district court, where a trial was had, and judgment was ordered and entered for defendant, which was reversed by this court. 36 Minn. 3.

Appeal by plaintiff from an order of the district court for Hennepin county, Lochren, J., presiding, sustaining a demurrer to the complaint, which alleged in substance the following facts: ■ Defendants are proprietors and operators of a saw-mill.

Plaintiffs brought this action in the municipal court of Duluth, to recover money paid on a contract of sale of land. The only written memorandum of the sale was the receipt which is recited in full in the opinion. The action was tried by a jury, and defendant had a verdict. Plaintiffs appeal from the judgment.

The defendant was tried and convicted, in the district court for McLeod county, on an indictment for abduction, and appeals from an order by Edson, J., refusing a new trial. • cited People v. Plath, 100 N. Y. 590; Hoberg v. State, 3 Minn. 181, (262;) Lowry v. Harris, 12 Minn. 166, (255;) State v. Hoyt, 13 Minn. 125, (132.)

Appeal by defendants from an order of the district court for Hennepin county, Lochren, J., presiding, overruling a demurrer to the complaint, the allegations of which are in substance as follows: The plaintiff purchased a lot from the defendants for $1,500, in August, 1880, and went into possession under a land contract.

Appeal by defendant from a judgment of the district court for Blue-Earth county, which included costs for plaintiff, the same having been, allowed by, Severance, J., on appeal from the clerk’s taxation.

The plaintiff brought this action in the district court for Dakota ■county, to determine the claim of the defendant, under certain, tax ■certificates, to certain land of which plaintiffs claim to be owners. The defendants in their answer claim title under four tax certifi•cates, which are referred to in the opinion as Exhibits A, B, C, and D. The action was tried by Crosby, J., who ordered judgment for •plaintiffs.

Appeal by defendant from an order of the district court for Otter Tail county, Baxter, J., presiding, refusing a new trial. The action was tried by the court without a jury, and judgment directed for plaintiff for $1,338.

Appeal by plaintiffs 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 Ramsey county,, to determine the adverse claims of the defendants to certain lands. The action was tried, without a jury, by Wilkin, J., who ordered judgment for defendants. Plaintiff appeals from an order refusing a new trial.

Plaintiff brought this action in the district court for Hennepin •county, to recover the value of pine timber alleged to have been wrongfully cut and removed by defendants from plaintiffs land, and •converted to their own use. The defendants, in their answer, admitted the cutting and removal, but justified it under a contract made by plaintiff with Leighton & Fenwick, and by them assigned to the •defendants.

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

Plaintiff brought this action in the district court for Ramsey county, to determine defendants’ adverse claims to a certain piece of land. The defendant Mary J. Welch alleged title under a tax sale made on December 18, 1874, for the taxes of 1873. The action was tried by Brill, J., who ordered judgment for defendants.

Appeal by defendant from a judgment of the district court for Hennepin county, where the action was tried before Lochren, J., and a jury, and plaintiff had a verdict. The defendant moved for a new trial on the ground that the verdict was not justified by the evidence, and the motion was denied.

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

Appeal by defendant from an order of the district court for Steele-county, Buckham, J., presiding, refusing a new trial, after a verdict' for plaintiff. A former appeal is reported, 35 Minn. 372.

<p>Appeal by plaintiff from an order of the municipal court of Minneapolis, refusing a new trial.</p>

The plaintiff, administrator of the estate of James Jordan, deceased, brought this action in the district court for Hennepin county, to recover $5,000 damages for the alleged negligence of the defendant resulting in the killing of the deceased. Upon the trial, before Young, J., and a jury, the court dismissed the action after plaintiff rested his case. Plaintiff appeals from an order refusing a new trial.

Plaintiff brought this action in the district court for Ramsey county, and appeals from a judgment for defendant, on the pleadings, entered under direction of Kelly, J. The complaint alleged the making , of a contract for the sale of certain real estate by defendant to plaintiff, and the payment by plaintiff of the sum of $250, as earnest-money; and that it was provided in the contract that if the title to the premises' should be found defective, the contract was to be void,…

Plaintiff brought this action in the district court for Hennepin county, to recover damages for the refusal of the defendant to make a transfer of stock upon its books. A jury was waived, and the action tried by Hicks, J., who ordered judgment for plaintiff for the value of the stock, from which judgment the defendant appeals.

Upon the petition of the relator, an alternative writ of mandamus was issued out of the district court for Le Sueur county, directed to> the respondent as county auditor, requiring him to indorse upon a deed from one Paine to the relator the proper certificate of the payment of taxes, so as to entitle the deed to record, pursuant to Gen. St. 1878, c. 11, § 106, or to show cause to the contrary.

The defendant was arrested and brought before the municipal court of St. Paul, upon a complaint issued under the provisions of Sp. Laws 1887, c. 343.

Plaintiffs brought this action in the district court for St. Louis county to recover the value of wheat alleged to have been destroyed while in the hands of the defendant as a common carrier. The answer alleged that the defendant had delivered the wheat before its destruction, and asked judgment for the unpaid freight.

Plaintiff brought this action in the district court for Waseca county, to recover damages for injuries caused, on April 8,1886, by a defective freight car belonging to defendant. The action was tried before Buckham, J., and plaintiff had a verdict for $8,000. Plaintiff appeals from an order granting a new trial.

Action by purchaser against vendor for specific performance, brought in the district court for Ramsey county, and tried by Brill, J., who ordered judgment for plaintiffs. The defendant appeals from an order refusing a new trial.

Appeals by plaintiffs from an order of the district court for Ramsey county, Brill, J., presiding, refusing a new trial.

Appeal by plaintiff from a judgment of the district court for Hennepin county, where defendant’s motion for judgment upon the pleadings was granted by Young, J.

Appeal by the contestants from a judgment of the district court for Le Sueur county, entered by direction of Edson, J., (before whom the action was tried without a jury,) reversing an order of the probate court, and allowing and admitting to probate, as the last will of John S. Brown, deceased, an instrument bearing date June 22, -1874, propounded for probate by the devisees and legatees named therein, and contested by the testator’s children.

Appeal by defendants from an order of the district court for Eiee county, Buckham, J., presiding, overruling a demurrer to the complaint. cited Greenwood v. Freight Co., 105 U. S. 13, 19; Bewick v. Alpena Harbor Co., 39 Mich. 700; Com. v. Eagle Fire Ins. Co., 14 Allen, 344; Crease v. Babcock, 23 Pick. 334, 346, (34 Am. Dec. 61;) Memphis, etc., R. Co. v. Railroad Commissioners, 112 U. S. 609.

The plaintiff, as administrator of the estate of Ole Olson Hag, deceased, brought this action in the district court for Grant county, to recover $5,000 damages occasioned by the negligence of the defendant in the operation of a snow-plough, resulting in the killing of Hag. The action was tried before Baxter, J., and a jury, and plaintiff had a verdict of $4,000. Defendants appeals from an order refusing a new trial.

Plaintiff brought this action in the district court for Hennepincounty, to recover damages for the alleged trespass of the defendant.

Appeal by defendant from an order of the district court for Polk county, Mills, J., presiding, overruling a demurrer to the complaint. cited Titler v. Iowa Co., 48 Iowa, 90; 3 Dillon, Mun. Corp. § 974; N. Y. & Brooklyn Saw Mill & Lumber Co. v. City of Brooklyn, 71 N. Y. 580; Lorillard v. Town of Monroe, 11 N. Y. 392, (62 Am.

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

<p>Mandamus — Settlement of Case — Waiver of Objection to Time of Service.</p>

The plaintiff was the father of Harry C. Heintzelman, who died on October 19,1881, and who had been a member of the defendant, a beneficiary association organized for the purpose of assisting the relatives of deceased members.

The defendants were tried and convicted in the district court for Hennepin county, before Young, J., and a jury, on the indictment set forth in t'he opinion, and they appeal from the judgment.

Appeal by defendant from a judgment of the district court for Hennepin county, where the defendant was tried and convicted before Young, J., and a jury.

The defendant was indicted in the district court for Hennepin county for the crime of selling liquor without first obtaining a license therefor. A demurrer to the indictment was overruled by Young and Lochren, JJ., and, upon the defendant’s request, the case was certified to this court.

The defendant was tried and convicted in the district court for Hennepin county, before Young, J., and a jury, on an indictment for abduction, and appeals from an order refusing a new trial.

The Minneapolis Railway Terminal Company commenced this proceeding in the district court for Hennepin coiinty, to acquire for its uses certain lands. Notice that the petition would be presented to the court on June 11, 1887, was served upon the Minneapolis Union Railway Company on May 28, 1887.

In proceedings in the district court for Todd county, to enforce payment of taxes on real estate, the St. Paul, Minneapolis & Manitoba Eailway Company interposed an answer as to certain lands owned by it and appearing upon the delinquent-tax list, claiming that the same are exempt from the taxes sought to be enforced.

Appeal by Bobert F. Cunningham, the executor and proponent of the will of Bobert Cunningham, from a judgment of the district court for Olmsted county, where the action was tried by Start, J., without a jury, and the decree of the probate court, admitting the will to probate, was reversed.

Plaintiff brought this action in the district court for Ramsey county, to recover damages for personal injuries received while in the defendant’s employment. It was admitted that the plaintiff was injured by the derailment of a car in the defendant’s construction train, upon which car the plaintiff was riding. The action was tried before Brill, J„ and a jury, and plaintiff had a verdict. Defendant appeals from an order refusing a new trial.

In each of the above cases the defendants were arrested and brought before the municipal court of St. Paul, upon complaints charging them with violations of ordinance No. 64 of that city, (Mun. Code, St. Paul, 403,) relating to slaughter and packing-houses. The defendants were tried, convicted and sentenced, and appeal from the judgments.

Plaintiff brought this action in the district court for Clay county against the defendants, as executors of the last will of Joseph Dilworth, deceased, to recover $2,400 damages for the destruction, in June, 1S85, of the plaintiff’s crop of grain.

The plaintiff, who is a resident, freeholder, and tax-payer of the town of Fisher but outside of the village of Fisher, brought this action in the district court for Polk county, to restrain the defendants, who are the county treasurer, clerk of the district court, and sheriff, from collecting or attempting to collect certain personal taxes.

Defendant was tried and convicted in the district court for Clay county, before Collins, J., (acting for the judge of the 14th district,) and a jury, on an indictment for embezzling the funds of the city of Moorhead. The jury in their verdict fixed the amount embezzled by defendant at $6,135. Defendant appeals from an order refusing a new trial.

• Plaintiffs brought this action in the district court for Hennepin county, to remove a cloud from their title to the land described in the complaint.

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

Appeal by defendant from an order of the district court for Le Sueur county, Eclson, J., presiding, refusing'a new trial, after a verdict of $600, for plaintiff. The opinion upon an appeal in the former ease between these parties will be found in 29 Minn. 200.

After the decision of the former appeal in this action, which is reported in 35 Minn. 503, the action was again tried, before Farmer, J., and a jury, in the district court for Freeborn county. Upon the trial, evidence having been given in support of the allegations of the complaint, it was agreed that the cost of building and maintaining the railroad fence along plaintiff’s farm would have been $125.

The plaintiffs, who are residents, tax-payers, and freeholders in the city of Duluth, brought these actions in the district court for St.. Louis county, the first against the county of St. Louis and the five persons named as commissioners by Sp. Laws 1887, c. 162, and the second against the city of Duluth and the same five commissioners, to restrain the defendants from issuing or negotiating any bonds pursuant to the provisions of Sp. Laws 1887, c. 162.

The contestant, Stemper, instituted this proceeding in the district .court for Watonwan county, to have it determined that he was elected to the office of sheriff of that county, at the election held in November, 1886. The contest was tried by Severance, J., without a jury, and judgment directed for the contestant, from which the contestee appeals.

The defendant was tried and convicted in the district court for Hennepin county, before Young, J., and a jury, on an indictment for “‘the crime of keeping open on the Sabbath day a place where the sale of intoxicating liquors was licensed,” and appeals from the judgment.

Plaintiff brought this action in the district court for Kandiyohi county, to set aside and annul a decree of divorce rendered in 187$ between herself and her husband John A. Bomsta, who-died in 1885-, The defendants are the administrator of John A. Bomsta, and Pauline Ganner, who married the deceased immediately after the entry of the decree of divorce. Plaintiff appeals from an order by John II.

Appeal by plaintiffs from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial, after a trial by the court without a jury.

Plaintiff brought this action in the district court for Hennepin county, to recover damages for an alleged breach of covenants of seizin and warranty. The action was tried by Lochren, J., without a jury, and judgment directed for plaintiff for nominal damages.

Appeal by plaintiffs from an order of the district court for Hennepin county, Lochren, J., presiding, sustaining the demurrer of the defendant Barnes (impleaded with Thomas W. Brooks and others) to-the complaint.

<p>Extradition — Review of Papers on Habeas Corpus. — In a ease of extradition, the court, upon habeas corpus, having before it the papers upon which the governor’s warrant issued, will decide upon their sufficiency.</p> <p>Same — Sufficiency of Indictment — Charge of Larceny. — Where the indictment accompanying the requisition shows an offence committed against the laws of the demanding state, the court will not consider its sufficiency as a criminal pleading in other respects; thus, where the indictment shows a larceny committed, the court will not consider whether the property is described with the particularity required in criminal pleading.</p>

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

Proceedings by mandamus in the district court for Hennepin county, to compel the St. Paul, Minneapolis & Manitoba Railway Company to construct bridges and approaches over Washington avenue, Third street north, Fourth street north, and Fifth street north, in the city of Minneapolis, according to plans proposed and adopted by the relator.

This action was brought in the district court for Hennepin county, and removed for trial to Sibley county, where it was tried before Ed-son, J., and a jury, who found for defendant. The plaintiffs appeal from an order refusing a new trial.

Plaintiff brought this action in the district court for Anoka county, to recover possession of a strip of land 100 feet in width across section 36, township 31, range-24, in that county, with the value of-its use and occupation by the defendant, and the damage occasioned to the land by the construction and maintenance of defendant’s railway upon it.

Defendant was arrested and brought before the municipal court of Stillwater, on a charge of violating the 3rd section of the lien law of 1887, recited in the opinion. He waived an examination, and, in-default of bail, was committed. He obtained a writ of habeas corpus from the district court for Washington county, and, after a hearing,' an order for his discharge was made by McCluer, J. From this order the state appeals.

Pursuant to Laws 1885, c. 129, providing for the selection and appropriation of lands in Hennepin county for a State Park, the commissioners appointed by the governor to make such selection proceeded to do so, the tract selected including the Falls of MinnehahaOn their application the district court for Hennepin county appointed three appraisers of the land selected, who, after qualifying and giving the notice prescribed in the act, met and examined the lands, heard the…

Plaintiff, a Massachusetts corporation, brought this action in the district court for Hennepin county against the defendant Robinson, as assignee in insolvency of the Pray Manufacturing Company, and other defendants, to establish and enforce a lien upon the machine-shop of that company and its appurtenances for the price of an iron planer.

Habeas corpus. Appeal by relator from a judgment of the district court for Scott county, and from an order of the same court vacating an order of a court commissioner, and directing judgment for respondent.

' Original proceeding by mandamus, to compel the respondent to •obey an order of the railroad and warehouse commission in regard to its milk rates between Faribault and Owatonna and St. Paul and Minneapolis. ' The information and the alternative writ, after setting out -the organization of the commission, the appointment and qualification of the commissioners and their secretary, and the authority given the commission by Laws 1887, c. 10, to compel common carriers to adopt…

Appeal by defendant Speedy from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial in an action to enforce a lien for material.

Plaintiff, as owner of a 40-acrefcract in St. Louis county, brought this action in the district 'court for that county, to determine the defendant’s adverse claim to a strip 150 feet wide across the land, claimed by defendant for a right of way, and on which it had located and was about to build its railway.

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

Appeal by plaintiff from an order of the district court for Eice county, Buckham, J., presiding, refusing a new trial after verdict for defendant, in an action for malicious prosecution.

Appeal by defendants from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial after a verdict of $3,000 for plaintiff.

Action to determine adverse claims to vacant land, brought in the-district court for St. Louis county, and tried by Stearns, J., who ordered judgment for defendant, which was entered, and the plaintiff appealed.

Appeal by plaintiffs from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial, the court having refused to receive evidence, and having ordered a dismissal at the trial, for failure of the complaint to state a cause of action.

Appeal by plaintiffs from an order of the district court for Otter Tail county, Baxter, J., presiding, setting aside a verdict in their favor, and granting a new trial.

Appeal by plaintiff from a judgrpent of the district court for St. Louis county, where the action was tried by Stearns, J.

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

Francis Morrisette, of Douglas county, Wisconsin, died in that county, intestate, in 1866, and one Nicholas Pulliott, of the same county, was duly appointed by the proper court of that county administrator of his estate, and qualified and received letters of administration. Morrisette died seized of. an 160-acre tract in sections 13 and 14, and an 80-acre tract in section 15, in town 49, range 15, in St. Louis-county in this state.

Appeal by defendant Chatterton (impleaded with Charles W. Hobart) from a judgment of the district court for Hennepin county, where the action was tried before Young, J., and a verdict directed for plaintiff. The action was ejectment, and the land in dispute the same as that in Gilfillan v. Hobart, 34 Minn. 67, and 35 Minn. 185.

1 Action for specific performance of an alleged contract for the sale of. realty in Ashland, Wisconsin, brought by the vendors against the purchaser in the district court for Bamsey county. The memorandum of contract, on which the action was brought and which is mentioned in the opinion, is set forth' both in the complaint and the answer.

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

Action of trespass, brought in the district court for Kanabec county, for cutting and carrying away pine timber belonging to the plaintiff. Defendants, in their answer, denied plaintiff’s ownership of the timber. The action was tried by Crosby, J., certain issues being submitted to a jury.

Action to rescind a contract of sale of land, brought by the vendor in the district court for St. Louis county, the answer containing a counterclaim for specific performance. Trial before Stearns, J., and judgment ordered and entered for plaintiff, from which the defendant, appeals.

Action to set aside a mortgage sale under a power, brought in the ’district court for Hennepin county, and tried by Lochren, J., upon whose decision judgment was entered for plaintiff, from which the defendant appeals.

After the decision of the former appeal in this action, (37 Minn.. 320,) the action was tried in the district court for Hennepin county,, before Rea, J., and a jury, and a verdict was directed for plaintiff,, who appeals from an order granting a new trial.

Ejectment, brought in the district court for Crow Wing county against Kindred, who alone answered, and one Hartley. The substance of the pleadings is stated in the opinion.

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

Appeal by defendant from a judgment of the municipal court of Duluth and from two orders refusing to vacate the judgment.

Ejectment for land in Hennepin county, brought in the district eourt for that county, and tried before Hicks, J., and a jury, who found for defendants as directed by the court. A new trial was denied and plaintiffs appealed. Both parties claim title under George E. H. Day, plaintiffs under a deed from him to their ancestor, Enos Day, bearing date October 26, 1857, and the defendants under the execution sale mentioned in the opinion...

<p>Appeal by defendant from a judgment of the district court for Bamsey county, where the action was tried by Brill, J.</p>

The defendant was tried and convicted, in the district court for Otter Tail county, Baxter, J., presiding, on an indictment for murder in the first degree, and was sentenced to death. He appealed to this court, and on April 10, 1888, moved for stay of execution. An order denying the motion was entered April 11, 1888, and afterwards the following opinion was filed.

The relator, having received a deed of a lot on Isabel street in St. Paul, tendered it to George Beis, the city treasurer, with the request that he indorse on it his official certificate that all assessments on the lot for local improvements had been paid, such certificate being requisite to entitle the deed to record, and the charter requiring the treasurer to indorse it on the deed in case there were at the time no such assessments unpaid.

Appeal by defendant Lorn a judgment of the district court for Clay county, where the action was tried before Baxter, J., and a jury.

Appeal by defendant from an order of the district court for Henne- • pin county, Young, J., presiding, refusing a new trial.

<p>Fraudulent Procuring of Deed — Evidence.—Evidence held to be insufficient to justify the finding of the court, that the execution of a deed of conveyance by the plaintiff had been fraudulently procured by inducing the belief on her part that she was executing a different instrument.</p>

Appeal by plaintiff from an order of the district court for Winona county, Start, J., presiding, vacating a writ of attachment.

Appeal by defendant from a judgment of the district court for McLeod county, where the action was tried by Edson, J., without a jury. That portion of the published delinquent-tax list in question in the case is as follows: p. Í £> fi 8> § § § 1 73 © P a $ cl Pi ■+» 03 © «C’ O 03 H © © Name and Description oí H tí [Descriptions of Parts of Sections] ROUND GROVE TOWNSHIP.

This action was brought in justice’s court, Hennepin county, to recover $22.47, the amount of a bill of groceries. The summons was returnable July 20, 1887, at 9 o’clock a. m. At 10 o’clock the parties appeared, and on defendant’s motion the case was adjourned until July 27th, at 10 a. m., at which day and hour the case was called and the parties appeared. Plaintiff submitted his account, and swore to it.

This action was brought in the district court for Hennepin county, upon a promissory note for $1,500, made by defendant to the order of N. G. Frederickson, and alleged in the complaint to have been indorsed and transferred to plaintiff, for value and before maturity. The answer admitted the making of the note, and pleaded the defences stated in the opinion. The plaintiff, having replied, moved for judgment on the pleadings.

Appeal by plaintiff from a judgment of the district court for Dodge county, Buckham, J., presiding, reversing a judgment of a justice of the peace, on an appeal on questions of law alone.

Appeal by defendant from a judgment of the district court for Ramsey county, where the action (which was for labor in grading defendant’s railway) was tried before Wilkin, J., and a jury.

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

Certiorari, to review a tax judgment of the district court for Brown county, where the action was tried by Webber, J., to whom the writ was directed.

In proceedings in the district court for Polk county, brought against J. W. Howes by Willys G. Peck and others of his creditors, an order was made by Mills, J., adjudging Howes to be insolvent, and appointing a receiver- of his property, from which order he appeals.

Plaintiff brought this action in the district court for St. Louis county, to remove, from its title to the blocks of land described in the complaint and opinion, the cloud created by the execution and record of the deed of block 122, mentioned in the opinion. The action was tried by Stearns, J., who ordered judgment for plaintiff, which was entered, and the defendants appealed.

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

Plaintiff brought this action in the district court for Bamsey county, to recover damages for the death of her husband, John Oleson, alleged to have been caused by the defendant’s negligence. At the trial, before Simons, J., it appeared from the evidence that Oleson, at the time of his death, was employed as a car-repairer by the defendant at the latter’s yards, near Dayton’s bluff, in the city of St. Paul. At this point defendant has several lines of railroad track.

Appeal by defendant from a judgment of the district court for Chisago county, Crosby, J., presiding, affirming a judgment of a justice of the peace, on an appeal on questions of law alone.

<p>Appeal by plaintiffs from an order of the district court for Bamsey county, Brill, J., presiding, refusing an injunction.</p>

Action for a commission alleged to have been earned by plaintiff as a real-estate broker in procuring a purchaser for pine lands owned by defendant. At the trial in the district court for Washington county, before Crosby, J., upon plaintiff resting his case, the court ordered a dismissal. Plaintiff appeals from an order refusing a new trial.

Plaintiff brought this action in the district court for Clay county, to recover damages for the flooding of his land and destruction of his crops thereon by water discharged from ditches dug by defendant. The action was tried by Mills, J., who ordered judgment for plaintiff. A new trial was refused, and the defendant appealed.

Appeal by defendant from an order of the district court for Dodge •county, Buckham, J., presiding, overruling a demurrer to the complaint, which stated, in substance, the following case: In July, 1885, in Nelson county, Dakota, plaintiff sold to one Ryan a pair of horses, taking back a note secured by a purchase-money mortgage, which was duly filed in that county on August 6th.

<p>Appeal by defendant Murphy, impleaded with Lindsley & Tasse, from a judgment of the district court for Eamsey county, Brill, J., presiding.</p>

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

Plaintiff brought this action in the district court for Hennepin county to recover a commission on the sale of real estate for the defendants, under an alleged agreement, whereby, in consideration of her surrender of possession of, and certain contract rights as purchaser in, certain real estate, the defendants placed it in her hands for sale as their agent, and agreed that she might have for her commission for selling all she could get for the property in excess of $1,600.

Appeal by plaintiff (a corporation) from an order of the district court for Le Sueur county, Edson, J., presiding, refusing a new trial.

Appeal by the petitioning creditors from an order of the district court for Hennepin county, Hicks, J., presiding, dismissing the petition, on motion of other creditors, who were made parties respondent, as having received preferences.

Ejectment for lands in Otter Tail county, the defendant alleging title in himself under a tax judgment and sale, and the value of the improvements made by him as a bona fide occupant, entering under color of title in fee, and in good faith, etc. The action was tried before Baxter, J., certain questions as to the amount of taxes paid by defendant, the value of his improvements, and the value of the land without them, being submitted to and answered by a jury.

Appeal by defendant from a judgment of the district court for Hennepin county, and from an order of Hicks, J., refusing a new trial.

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

Plaintiff brought this action in the district court for Jackson county, 'praying that a real-estate mortgage for $700, bearing date September 17, 1872, but in fact executed June 20, 1873, and recorded on the .same day, running from defendant Wilbur S. Kimball to defendant Ware, (then and since a resident of Iowa,) be cancelled; that defendant Ware be enjoined-from foreclosing it, and barred from claiming .any lien upon the land; and that plaintiff be adjudged to be owner in…

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

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

Appeal by defendant from a judgment of the district court for Ramsey county, Simons, J., presiding, affirming a judgment of the probate court.

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

Appeal by defendant, in each case, from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial. In the first case the verdict was for $3,500, and in the second •$5,500, and as a condition of refusing a new trial tbe court required the plaintiff to submit to a reduction to $1,750 in the first action, and to $2,500 in the second, which condition was complied with in each case.

Plaintiff brought this action in the district court for Hennepin county on a promissory note for $500, made by defendants, bearing date May 5,1883, and payable two years after date to the order of Peter Thompson, and by him indorsed to plaintiff.

Plaintiff brought this action in the district court for Fillmore county, to compel the defendant, as county auditor, to draw his warrant on the county treasurer, in favor of plaintiff, for the amounts paid by plaintiff for lands purchased by him at the tax sale on February 5, 1866, for the taxes of 1864, with interest at 7 per cent, per annum from the date of sale.

Plaintiffs brought this action in the district court for Hennepin county to recover a commission, as brokers, on a sale of certain described real estate.

Plaintiff brought this action in the district court for Crow Wing county, for the cancellation of a mortgage on her husband’s homestead, which, as she alleges, when signed by her (in Crow Wing county), was wholly blank as to the names of the grantees, the consideration, the description of the property, and the terms of payment of any sums, and was not sealed or acknowledged by her.

Appeal by defendant White from a judgment of the district court for Eenville county, where the action was tried by Webber, L, upon the pleadings and an agreed statement of facts.

Defendants were tried and convicted in the district court before Hicks, J., on an indictment for “the crime of Sabbath-breaking,” in .exhibiting a dramatic performance at the People’s theatre in Minneapolis. They appeal from an order refusing a new trial.

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

Plaintiff brought this action in the district court for Olay county to recover damages for the flooding of his lands and the destruction of his crops, in 1885, by the closing of a ditch which defendant had constructed in 1880, from its right of way to a point some three miles distant; this ditch crossing plaintiff’s land and serving to drain off the surface water, and being the same for the construction of which the defendant was held liable to Martin Olson and others, in…

Action to determine adverse claims to vacant land, brought in the district court for Jackson county, and tried by Perkins, J., who ordered judgment for defendant, from which judgment the plaintiff appeals.

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

Plaintiff brought this action in the district court for Mower county, against the city and one Galloway, to recover for personal injuries occasioned by his falling into an excavation, alleged to have been made by Galloway, adjoining a public street in the city, and left unguarded and without lights or other signals to warn travellers on the street. The accident occurred in the evening of May 17, 1887.

Appeal by the railway company from an order of the district court for Carver county, Edson, J., presiding, refusing a new trial.

Appeal by defendant from an order of the district court for Pill-more county, Farmer, J., presiding, refusing a new trial after a verdict of $2,500 for plaintiff.

Plaintiffs brought this action in the district court for Murray county to enforce a lien for boilers, engine, and machinery for a flouring-mill. The complaint alleges two contracts between plaintiffs and Smith, the owner of the land and building, the first, in writing, for certain specified machinery and materials, at the price of $955, and the second, of later date, for such additional machinery and material as Smith should require for the mill.

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

Appeal. by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, refusing a new trial. The action was brought by plaintiff’s testator, Charles A. De Graff, who died after verdict.

Ejectment for land in Ramsey county. Defence, title claimed to have been acquired by condemnation proceedings.

<p>Appeal by defendant from a judgment of the district court for Morrison county.</p>

<p>Parol Evidence to Vary Note. — Order affirmed.</p>

Plaintiff brought this action, in the district court for Winona county, in July, 1885, to recover for personal injuries received by her, as al» leged, February 10, 1881, while a passenger on defendant’s railway. The defendant-pleaded, among other defences, a release, under seal, of this and all other causes of action against defendant, executed by plaintiff July 21, 1885, in consideration of $225 then paid her by defendant.

Plaintiff brought this action in the district court for Anoka county to recover a balance of the price of logs delivered under a written contract of sale.

Appeal by defendants from a judgment of the district court for Fillmore county, where the action was heard and determined by Farmer, J., upon the evidence taken before the justice of the peace in whose court it was originally brought.

Appeal by defendant from an order of the district court for Bamsey county, Wilkin, J., presiding, refusing to set aside a judgment and subsequent orders in supplementary proceedings.

Appeal by plaintiff from an order of the district court for Crow Wing-county, Sleeper, J., presiding, setting aside a verdict of $2,500 in condemnation proceedings. The commissioners had awarded $740; and plaintiff had appealed from the award.

Plaintiffs brought this action in the district court for Hennepin county, as assignees of James P. Saverius & Co., to recover for goods sold and delivered by that firm to the defendants. In their answer the defendants pleaded the garnishment proceedings mentioned in the opinion, and the judgment against them therein for an amount exceeding their debt to Saverius & Co., and payment by them of that judgment.

Appeal by defendant from an order of the district court for Hennepin county, Rea, J., presiding, striking out portions of the answer.

A grain elevator, owned by plaintiff, and situate on land owned by it in Houston county, was assessed as personal property, and the amount of the tax was paid by plaintiff after the sheriff had distrained certain of its freight cars, pursuant to a warrant issued for the collection of the tax.

Appeal by plaintiff from an order of the district court for Ramsey county, Simons, J., presiding, granting a new trial, in an action for conversion.

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

Plaintiff brought this action in the district court for Yellow Medicine county, for injuries sustained by falling, in the night-time, into an open cellar-way in a sidewalk on the main street of the town of Canby in front of a building owned and occupied by defendant. A demurrer to the complaint was overruled by John Ii. Brown, J., and the defendant appealed.

Appeal by plaintiffs from an order of the district court for Bamsey county, Brill, J., presiding, overruling their demurrers to the answer of the garnishee and to the complaint of Bollin B. Johnson, intervenor.

Appeal by plaintiffs from an order of the district court for Hennepin county, refusing a new trial. The action was tried before Rea, J., and a verdict directed and rendered for defendant.

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

In a former action, brought under the statute, (Gen. St. 1878, c. 32, § 78,) the plaintiffs sued to recover, for driving logs of defendant, intermingled with their own, from Sullivan lake to Rice… Held: on appeal, (35 Minn. 324,) that plaintiffs could not recover for that part of the driving that.was done between Sullivan lake and Tribby’s camp because that was done under a contract between the parties, and plaintiffs could only recover for it by an action on the contract.

Appeal by defendants from an order of the municipal court of Minneapolis, refusing a new trial after verdict for plaintiff.