Volume 41 — Minnesota Reports

Plaintiff brought this action in the district court for Ramsey county, alleging that a purchase by defendant of certain lots was made in trust for plaintiff, and praying that he be decreed to convey them to plaintiff on being repaid the purchase-money paid by him. The action was tried by Brill, J., who ordered judgment for defendant. The plaintiff appeals from an order refusing a new trial.

Appeal by plaintiffs from an order of the district court for Murray •county, Perkins, J., presiding, discharging Dickson, the garnishee, ■after a disclosure which showed that he claimed certain property, formerly belonging to the defendant, Rakness, under the assignment •from him which is mentioned in the opinion.

Action to recover $50,000 damages for libel, brought in the district court for Hennepin county.

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

Appeal by plaintiff from an order of the district court for Ramsey eounty, Simons, J., presiding, granting the motion of defendant that a judgment entered against him jointly with one Cleminger (with whom he was impleaded as an alleged partner) be set aside as to him, and for leave to answer, on the ground that the summons had never been served upon him.

<p>Appeal by plaintiff from a judgment of the district court for Hennepin county, where the action was tried by Young, J.</p>

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

Ejectment, brought in the district court for St. Louis county, on May 20,1887, for lots 5 to 14 inclusive in block 98, and all of blocks 99 and 100 in Bndion’s addition to Duluth. The defendant, in her answer, denied any title in plaintiff, and alleged title in herself. At the trial, before Stearns, L, the plaintiff proved title accruing to it in 1868, under the original patentee of the United States.

<p>Appeal by defendant from an order of the district court for Eamsey •county, Kelly, J., presiding, overruling a demurrer.</p>

<p>Intoxicating Liquor — Sales without License — Wholesale Dealers.— The provision of the statute in force prior to 1887, with respect to the sale of intoxicating liquor, prohibiting sales in less quantities than five gallons without a license, was not repealed by the legislation of 1887. The statute still makes such sales illegal, even though the liquor be sold in a corked bottle, and not to be drunk on the premises. A wholesale liquor dealer is not exempt from the operation of this law.</p>

<p>Case certified from the district court for Hennepin county, by Lochren, J., pursuant to Gen. St. 1878, e. 117, § 11.</p>

Appeal by defendant from an order of the district court for Dakota county, Crosby, J., presiding, refusing a new trial after a verdict of $147.48 for plaintiffs.

Appeal by defendants from.an order of the district court for Ramsey county, Buckkam, J., presiding, (acting for a judge of the second district,) refusing a new trial.

Appeal by defendant from an order of the district court for Washington county, McCluer, J., presiding, overruling his demurrer to an indictment.

Certiorari, to review an order of the district court for Hennepin, county, Hicks, J., presiding, punishing the relator for contempt.

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

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

Various unimportant assignments of error disposed of. Defendant was tried and convicted in the district court for Good-hue county, before McCluer, J., on an indictment for adultery committed with Margaretha Sehliehthaber, and appeals frofn an order refusing a new trial. The indictment did not state upon whose complaint the prosecution was instituted.

Appeal by defendant from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing a new trial after verdict of $2,900 for plaintiff.

Case certified (pursuant to Gen. St. 1878, c. 117, § 11,) from the district court for Stevens county, where the defendant’s demurrer to-the indictment was overruled by C. L. Broion, J.

Appeal by defendant from a judgment of the district court for Otter Tail county, where the defendant was tried and convicted before Searle, J., and a jury, and was sentenced to imprisonment for life.

Appeal by plaintiff from an order of the district court for Hennepin county, refusing a new trial, the action having been tried before Young, J., and a verdict directed for defendants.

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

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

Plaintiffs brought this action in the district court for Hennepin ■county, to recover $362 damages for the overflowing of their cellar by reason of defendant’s alleged negligence in allowing a gutter on Franklin avenue to become filled up with rubbish and dirt. At the -trial before Searle, J., (acting for a judge of the 4th district,) a verdict was directed for defendant at the close of plaintiffs’ case. Plaintiffs appeal from an order refusing a new trial.

These are two actions brought in the municipal court of Minneapolis, in each of which the plaintiff seeks to recover $100 from defendants for alleged violation of Laws 1885, c. 147, — the act to regulate the practice of pharmacy. The following facts are admitted in the pleadings: The defendants keep a large retail department store at the corner of Nicollet avenue and Sixth street, and not more than one mile from a drug or apothecary shop.

Action brought in the district court for Ramsey county against the defendant corporation and J. H. Stewart, one of its directors. Defendant Stewart demurred to the complaint on all the statutory grounds except want of jurisdiction. The demurrer was sustained by Kerr, J., and the plaintiff appealed.

Appeal by plaintiff from an order of the district court for Barnsey county, Kelly, J., presiding, refusing a new trial after verdict of $354.72 in his favor.

Appeal by defendant from an order of the district court for Hennepin county, Hicks, J., presiding, refusing a new trial after verdict of $155 for plaintiff.

Defendant having been tried and convicted in the district court for St. Louis county, before Stearns, J., and a jury, on an indictment for “furnishing intoxicating liquor on the Sabbath day,” proceedings after sentence were stayed and the case certified to this court pursuant to Gen. St. 1878, c. 117, § 11.

Appeal by defendant from an order of the district court for Hennepin county,' refusing a new trial after a trial before Young, J., and verdict of $409 directed and returned for plaintiffs.

Plaintiffs brought this action in the district court for Winona county, on a judgment of the district court for Lawrence county in the territory of Dakota, to recover $507.50, (the amount of the judgment,) and interest. In his answer in this cause the defendant put in issue the existence of the alleged judgment and the jurisdiction of the court to render any personal judgment against him, alleging that no summons was ever issued or served upon him.

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

Appeal by plaintiff from a judgment of the district court for Ramsey county, where the action was tried by Brill, J. The pleadings and findings show these facts: In 1883, William F. Markoe, defendant’s grantor, purchased of plaintiff certain premises, received a deed, and gave back a purchase-money mortgage, with power of sale. Both deed and mortgage were duly recorded.

Action for services for 49 months under an alleged contract at $15 per month. Trial in the district court for Bamsey county, before Kelly, J., and verdict of $701 (the full'amount claimed) for plaintiff. Appeal by defendant from an order refusing a new trial.

<p>Grain Warehouseman — Conversion — Remedies of Depositors. — The remedies provided for by Laws 1876, c. 86, §§ 3,4, (Gen. St. 1878, o. 124, §§ 15, 16,) a law regulating the storage of grain, are not exclusive, but are in addition to such as previously existed at common law or by statute-in case of the conversion of personal property by a bailee.</p> <p>Same — Insolvency — Ticket-holders as Creditors. — The holder of a. wheat ticket or receipt issued by a warehouseman who has become insolvent is a creditor, within the spirit and meaning of the insolvency law. (Laws 18^1, a. 148.)</p>

<p> Quo warranto. </p>

Plaintiff brought this action in the district court for Freeborn county, to recover damages for defendant’s failure to fence its railway where it crosses his land. At the trial before Farmer, J., plaintiff had a verdict of $700. The defendant appeals from the judgment.

Appeal by defendant from a judgment of the district court for Freeborn county, where the action was tried before Farmer, J., and a verdict of $1,000 returned for plaintiff.

The defendant was tried in the district court for Clay county, before Mills,'J., on an indictment for rape which charged that “the said Major Yorey, on the 7th day of October, A. D. 1888, in the county of Clay and state of Minnesota, did feloniously, against the will and without the consent of * * * , a female above the age of 50 years and not the wife of said Major Yorey, forcibly ravish said * * * , and have illicit intercourse with her, said * * * , when her resistance…

Appeal by plaintiff from a judgment of the district court for Wright county, where the action was' heard by Rea, J., on testimony taken by a referee.

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

Appeal by defendant from an order of the municipal court of Still-water, overruling its demurrer to the complaint in an action for the. conversion of 17,000 feet of logs of the value of $ 136.

<p>Certiorari — Action of County Board in Dividing Town. — Tlie action of a board of county commissioners, in dividing a town, and organizing a new one out of part of its territory, is legislative and not judicial in its nature, and will not be reviewed on certiorari.</p>

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

Appeal by defendants Lucy and Stephen H. Baxter from a judgment of the district court for Hennepin county, where the action was tried by Hides, J. •

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

Plaintiff, as administratrix of the estate of Pauline Ende, deceased, brought this action in the municipal court of Minneapolis, to recover the amount ($150) of a certificate of deposit, in the usual form, issued by defendant in favor of Pauline Ende in' her lifetime. The answer admitted the issue of the certificate to the intestate, but denied that she held it or had any interest in it at the time of her death.

Appeal by defendant from an order of tbe district court for Becker county, refusing a new trial after trial by Mills, J., without a jury.

Appeal by defendant from an order of the district court for Becker ■county, refusing a new trial after a trial by Mills, J., without a jury.

Appeal by plaintiff from a judgment of the district court for Hennepin county, where the action was tried by Baxter, J., (acting for a judge of the fourth district.)

Appeal by defendant from an order of the district court for St. Louis county, Stearns, J.; presiding, refusing a new trial after ver•dict of $7,000 for plaintiff.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, refusing a new trial after verdict of $2,953.42 for plaintiff.

This action was brought in the district court for Hennepin county, against the defendants, partners as the Minneapolis Sweeper Company, to recover $2,400 as royalties under the contracts mentioned in the opinion. A jury was waived, and the action tried by Young, J., who ordered judgment for defendants. The plaintiff appeals from an order refusing a new trial.

Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial after verdict of $5,500 for plaintiff. The action.was for personal injuries,-and the place of the accident is thus shown in Exhibit A, mentioned in the. opinion:

This action was brought in the district court for Hennepin county, and tried before Young, J., and a jury, who found plaintiff entitled to possession of the property, and its value to be $2,410.16. Defendants-having moved for a new trial, the motion was denied on plaintiff consenting to a reduction of the verdict to $2,000, and the defendants-appealed.

Plaintiff brought this action in the district court for Ramsey county, in April, 1887, to recover $150,000 damages for breach by defendant of a contract made in August, 1885, and stated in the opinion. The breach alleged was the refusal by defendant, on March 22, 1887, to recognize the contract or to receive or insert any advertisements for plaintiff.

Appeal by defendant from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial after verdict of $1,652.21 for plaintiff, and from the judgment entered on the verdict.

On August 22, 1868, John McGeenty, defendants’ father, was appointed by the probate court of Hennepin county administrator of the estate of Bernard Cain, plaintiff’s father, who died seized in fee of certain land in that county.

Appeal by defendant from an order of the district court for Good-hue county, McCluer, J., presiding, refusing a new trial after conviction on an indictment for seduction under promise of marriage.

Appeal by plaintiff from an order of the district court for Dodge county, Buchham, J., presiding, refusing a new trial after a dismissal ordered at the trial at the close of plaintiff’s case.

Plaintiff brought this action in the district court for Hennepin county, to recover damages for having been ejected from one of defendant’s passenger trains. After the decision of a former appeal, (39 Minn. 3, 38 N. W. Bep. 625, where the case is fully stated in the opinion,) a new trial was had before Lochren, J., and plaintiff had a verdict of $800. A new trial was ordered unless plaintiff should remit all of the verdict in excess of $400.

By his will, duly proved in the probate court of Bamsey county, Henry G. Charles devised his estate to Edgar D. Charles, whom he ■also named as executor, and who was duly appointed and qualified .as such. Edgar D. Charles died after Jully administering the estate, and having applied for a final decree. He left a will in which his widow, Phcebe Charles, was named as executrix and sole devisee.

Appeal by defendant from aü order of the district court for Hennepin county, Rea, J., presiding, overruling a demurrer to the complaint.

Plaintiff, as administratrix, brought this action in the district court for Carlton county, to recover damages for the negligence of defendant, resulting in the death of her intestate, Henry Jacobson. At the trial, before Stearns, J., it appeared that deceased was engaged in loading a box-car of defendant with lumber, on a side track in front of a planing-mill in the yard of his employer at Thomson. The lumber was placed in the car through a door in the end of it.

Appeal by defendant from an order of the district court for Otter Tail county, Searle, J., presiding, refusing a new trial after verdict of $1,275 for plaintiff.

Certiorari, to review the action of the common council of the city -of Northfield, revoking relator’s license as a retail liquor dealer.

This action was brought- in the district court' for Hennepin- county, and tried before Rea, J., who ordered a dismissal at the close of the evidence for plaintiff. A new trial was refused, and the plaintiff appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, refusing a new trial after a trial before Young, J., and. verdict directed for defendant.

Appeal by the railway company from an order of the district court for Eamsey county, Brill, J., presiding, granting a new trial in a condemnation proceeding.

Appeal by plaintiff from an order of the municipal court of Minneapolis, refusing a new trial. The action was for recovery of $100 for professional services.

Plaintiff, alleging herself to be the owner of the undivided one-half of lot 7, block 108, in Minneapolis, according to the original plat, occupied by herself and tenants, brought this action in the district court for Hennepin county, to determine the adverse claims of the-defendants to interests in and liens on the property. The answering defendants asserted liens on the premises as judgment creditors of George G. Jacoby, plaintiff’s husband.

Appeal by plaintiff from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing a new trial after a dismissal ordered at the trial. The action was to recover $3,000 on an insurance certificate issued by defendant.

Appeal by plaintiffs from an order of the district court for Ramsey county, Brill, J., presiding, refusing a new trial after a trial by Hon. L. M. Vilas, as referee.

Action on an attachment bond, brought in the district court for Hennepin county, and tried by Hicks, J., upon whose decision a judgment of $111.23 was entered for plaintiff, from which the defendant Newport, one of the sureties, appeals.

Appeal by defendant from an order of the municipal court of Minneapolis, refusing a new trial after verdict of $202.25 for plaintiff.

Appeal by defendants from an order of the district court for Hennepin county, Young, J., presiding, granting a new trial for newly-discovered evidence.

This action was brought in the district court for Meeker county, and was tried by G. L. Brown, J., acting for the judge of the 12th-district. The defendants (successors in interest to Abner P. Lacock, the original defendant, who died pending the action) appeal from an order refusing a new trial.

Appeal by Charles L. Harding, The German-American National Bank, of Peoria, 111., The North National Bank, of Boston, Mass., and Everett B. Preston and William S. Nott, partners as Preston. & Nott, from an order of the district court for Washington county, McCluer, J., presiding, made in the above entitled action, confirming a sale to respondent, the Minnesota Thresher Mfg. Co., of the property of the defendant therein.

Action in tbe district court for St. Louis county, to recover $3,500' alleged to have been paid on a contract of purchase of real estate, which the defendant (vendor) had failed to perform. At the trial, before Stearns, J., it appeared that prior to February 26,1887, one Banning had negotiated a sale of the same real estate to one McNair, at the price of $20,000, under an agreement with defendant for a commission of $500.

Ejectment, brought in the district court for Ramsey county, and tried by Brill, J., who ordered judgment for defendants, which was-entered, and the plaintiffs appealed. The plaintiff Laura Bunnell,, ■and Louisa Post, of whom the plaintiff Middlqton is administrator, were residuary devisees of Russell Post. ■ The defendants claim title-under a sale made by Russell Post’s administrator.

• Action in the district court for Hennepin county, to determine the adverse claim of defendant to a vacant lot in Minneapolis. Plaintiff claimed title under a deed executed and delivered to him February 21,. 1889, and recorded February 26, 1889.

Plaintiff brought this action in the district court for Hennepin ■county, to restrain the defendant from destroying or removing any part of plaintiff’s dams in the Mississippi river (described in the opinion) or from interfering with or disturbing the flow of water of the river to the mills and machinery of plaintiff’s grantees.

Appeal by defendant from an order of the district court for Hennepin county, Baxter, J., presiding, (acting for a judge of the fourth district,) refusing a new trial after verdict of $1,940.67 for plaintiff.

Appeal by defendant from an order of the district court for Clay county, Mills, J., presiding, overruling its demurrer to the complaint, the case having been appealed to the district court by plaintiff, on disallowance of' his claim by the county board.

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

Appeal by plaintiff from an order of the district-court for Fillmore county, refusing a new trial after trial before Farmer, J., and a dismissal ordered at the close of plaintiff’s case.

Appeal by plaintiff from a judgment of tbe district court for Stevens county, Sleeper, J., presiding, (acting for the judge of tbe 16th district,) affirming a justice’s judgment from which the plaintiff had appealed on questions of law alone. The action was for conversion of a cow of the value of $30, butchered by defendant, alleged to be one of several described in a mortgage from defendant to plaintiff.

Plaintiff brought this action in the district court for Hennepin county, to recover $2,886.34 as compensatory and punitive damages, for the alleged wrongful acts of defendants in taking and converting-goods of the value of $136.84, part of her retail stock of groceries, and taking and for two days holding possession of her store, thereby-injuring her credit and the good-will of her business. At the trial, before Hicks, J., the defendants had a verdict.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, denying his motion to set aside a judgment. The return to this court does not show the nature of the action or of the judgment.

Appeal by defendant from an order of the district court for Hennepin county, Rea, J., presiding, refusing a new trial after verdict of $454.60 for plaintiff. The note sued on was the same described in the certificate recited in the opinion, and was made by defendant. The certificate, was attested by two witnesses and acknowledged.

Appeal by defendant from an order of the district court for Hennepin county, Rea, J,, presiding, setting aside, on plaintiff’s application, the judgment of absolute divorce theretofore entered in this action.

Action on a fire-insurance policy. Appeal by defendant from an order of the district court for Hennepin county, refusing a new trial after trial by Young, J., and judgment ordered for plaintiff for $4,000 and interest from October 7, 1887.

Plaintiff, assignee for the benefit of creditors of David G-. Miller and Albert E. Parsons, copartners as Miller & Parsons, brought this■ action in the district court for Lac qui Parle county, to recover $1,306-damages for the taking of the assigned property by the defendant, sheriff of the county, on July 6 and 7, 1888, by virtue of writs of attachment in actions against the assignors.

Plaintiff brought this action in the district court for Bock county, to recover the amount ($282.90) of two drafts drawn by it upon defendants, which the latter had refused to pay. The complaint sets, out the agreement mentioned in the opinion. At the trial, before Perkins, J., the plaintiff had a verdict for the full amount of its claim.. A new trial was refused, and the defendants appealed.

Plaintiff brought this action in the district court in Bamsey county, May 22, 1888, to recover $3,600 damages to a lot of ground caused by the excavation and carrying away of a great quantity of earth from a lot adjoining plaintiff’s and lying below it on the hillside. The excavation was made in 1880, and the' damages claimed are for injuries caused .by the sinking of parts of plaintiff’s lot into the excavation from time to time between June, 1883, and August 31, 1887.

Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., presiding, setting aside a verdict of $1,000 in her favor, and granting a new trial.

Action to determine defendant’s adverse claim to vacant land, brought in the district court for Hennepin county and tried by Hicksy J., upon whose findings and order judgment was entered for defendant, from which the plaintiff appeals.

<p>Garnishment. — Where chattels were sold, and the purchaser agreed to pay the balance of the consideration after the claims of third parties against the seller had been settled, such purchaser is not liable, in garnishment proceedings, to a creditor of the seller until the amount of such claims is ascertained, and then only as debtor, and not as having money in his hands subject to garnishment.</p>

Plaintiff recovered judgment against defendant for $22.85 in a justice’s court in Hennepin county. A transcript was docketed in the ■district court, and execution issued from that court and returned unsatisfied. In proceedings supplementary to execution the debtor disclosed that he owned a vehicle described as “a two-seated upholstered •one-horse carriage, built and used for easy riding only.

Defendant was tried in the district court for Clay county, before Mills, J., and a jury, on an indictment for murder in the first degree, was convicted, and was sentenced to death. He appeals from the judgment and from an order refusing a new trial. The circumstances of the crime are stated in the opinion.

Plaintiff brought this action, in July, 1885, in the district court for Bamsey county, to quiet his title to the S. W. £ of the S. E. of section 18, town 29, range '22, vacant and unoccupied land, in that county. The defendants other than Mitchell, (who did not appear,) are the widow and heirs-at-law of one James Blakely, late of Allegheny county, Pennsylvania, who died in June, 1882.

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

Action under Gen. St. 1878, c. 75, § 2, to determine adverse claims, brought in the district court for Hennepin county. Held: possessed, and occupied the same adversely to plaintiff and all •other persons; and has during all said time paid all the taxes and assessments thereon; and that plaintiff has not, nor have his ancestors, predecessors, or grantors, during any portion of said time, been seized or possessed of the said lands or any part thereof.” The…

Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial after verdict of $150 for plaintiff.

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

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

Action brought in the district court for Hennepin county, in March, 1888, upon a promissory note for $570, made by defendant to plaintiff in Chicago, 111., bearing date September 16, 1876, and payable 75 days thereafter. Defence the statute of limitations. Defendant removed from Illinois to this state in 1879, and has ever since resided here. The bankruptcy proceedings relied on by plaintiff to avoid the bar of the statute are stated in the opinion.

Defendant was tried in the district court for Pine county, before Crosby, J., and a jury, on an indictment for murder in the first degree, was convicted of murder in the second degree, and appeals from an order refusing a new trial.' The deceased, Sidney K. Irwin, was killed, on November 22, 1888, by a shot from defendant’s pistol in a scuffle immediately following abusive language addressed to him by defendant, who, according to his own testimony, had (taking his wife with…

This action was brought in the district court for Bamsey county, and was tried by Brill, J., who ordered judgment for plaintiffs (W. F. Newell and John F. Fulton) against the defendant Earl A. Holdridge, and against the plaintiffs and in favor of the defendants Thdmas Cochran, Jr., and Silas B. Walsh, (partners as Cochran & Walsh.) Plaintiffs appeal from the judgment in favor of Cochran & Walsh. The defendant Holdridge appeals from an order refusing a new trial.

Appeal by defendant from an order of the district court for Good-hue county, McCluer, J., presiding, refusing a new trial.

Appeal by plaintiff from an order of the district court for Clay county, Mills, J., presiding, refusing a new trial, the action having been dismissed at the trial for failure of the complaint to state a cause of action.

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

Appeal by the above-named defendant from an order of the district court for Ramsey county, Brill, J., presiding, refusing a new trial after judgment ordered for plaintiff, fixing a lien of $936.76 upon the appellant’s church edifice and site.

Appeal by plaintiff from a judgment of the district court for Cottonwood county, where the action was tried by Perkins, J. The lands, involved comprise that part of the plaintiff’s land grant embraced rathe “Drake & Wilder trust,” created by a conveyance from plaintiff to Elias F. Drake and Amherst H. Wilder, trustees, bearing date July 30, 1879, in trust to secure certain “special stock.”

Action on a fire-insurance policy, brought in the district court for Eock county, to recover $2,975.66, the amount of loss as fixed by appraisers chosen by the parties in accordance with the policy.

Appeal by plaintiff, as assignee in insolvency of the Empire Coffee & Spice Company, from a judgment of the district court for Hennepin county, rendered on the pleadings pursuant to an order of Rea, J.

In proceedings in the district court for Hennepin county against the respondent Seeley, as garnishee of the Church & Graves Mfg. Co., it appeared that that company was organized under Gen. St. 1878, c. 34, title 2, for “themanufaeture, dealing in, and sale of lumber, sash, blinds,” etc. Being insolvent, it made an assignment in insolvency, under Laws 1881, c. 148, toSeeley, who had in possession $3,000 as such assignee.

Appeal by defendant from an order of the district court for Bamsey county, Wilkin, J., presiding, refusing a new trial after verdict of $2,531.22 for plaintiff.

Appeal by defendant Beeden from a judgment of the district court for Hennepin county, where the action was tried by Lochren, J.

Plaintiffs, the widow and minor heirs of Matthias Jelinek, deceased, brought this action in the district court for Scott county, to determine defendant’s adverse claim to lands in that county. The defendant answered, claiming a lien by virtue of the deed mentioned in the findings of the court, and praying judgment for foreclosure.

Appeal by defendants from an order of the district court for Ram•say county, Wilkin, J., presiding, refusing a new trial after verdict for plaintiff of $270.80 against defendant McMurran “ for the removal and conversion of the scaffolding and lumber,” and of $1,852.34 against both defendants.

Plaintiff brought this action in the district court for Hennepin county,* to set aside certain foreclosure proceedings and the sale and certificate thereon.

Appeal by defendant from an order of the district court for Winona •county, Start, J., presiding, refusing a new trial after verdict of .$2,964.23 for plaintiff.

Appeal by Edgar Allen, Abram Levinson and Henry T. Sattler from an order of the district court for Eamsey county, Simons, J., presiding, appointing a receiver in insolvency of the property of appellants Allen and Levinson, and of one Benjamin J. Ettelsohn.

Cross appeals from a judgment of the district court for Fillmore •county, Farmer, J., presiding, sustaining defendant’s title to the notes transferred to it under the agency contract, as stated in the opinion, and setting aside, as an unlawful preference, the chattel mortgage mentioned in the opinion.

Appeal by defendant from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing a new trial after a verdict of $6,000 for plaintiff.

Appeal by defendant from an order of the district court for Mower county, Farmer, J., presiding, refusing a new trial after verdict of $1,100 for plaintiff.

Appeal by defendants, W. F. Zwickey and J. E. Flint, from a judgment of the district court for Eamsey county,( where the action was tried by. Simons, J. The action was begun October 3, 1887.

Plaintiff brought this action in the district court for Cottonwood: county, against the county auditor, treasurer, and board of commissioners, to restrain the assessment, levy, and enforcement of t'axes-against a large quantity of land in that county forming part of plaintiff’s land grant.

<p>Appeal by defendants from an order of the district court for Pine County, McCluer, J., presiding, refusing to dissolve an injunction.</p>

<p>Judgment of Foreclosure — Defendant not Named in Caption. — A judgment of foreclosure, upon default, rendered against “the defendants,” held to be a judgment only against the defendants named in the caption of the judgment, and not to affect a defendant in the action not thus named, or otherwise designated in the judgment; the plaintiff, in his affidavit of default and application for judgment, having alleged that the action had been dismissed as to that defendant.</p>

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

Appeal by plaintiffs from an order of the district court for Bamsey county, Kerr, J., presiding, refusing a new trial after judgment ordered for defendants on the pleadings, which included a copy of the lien statement and affidavit.

Plaintiff brought this action in the municipal court of Minneapolis to recover $164.80 for services and expenses under a special contract, and for money paid to other servants of defendant at his request.

Plaintiff brought this action in the district court for Hennepin county, to recover damages for alleged fraudulent representations of defendants in the sale to him of a laundry. After the decision of the former appeal, (reported 86 Minn. 122, 30 N W. Eep. 438,) a new trial was had before Hicks, J., who directed a verdict for defendants. The plaintiff’s motion for a new trial was denied, and he appeals from' the judgment.

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

Plaintiff brought this action in the district court for Ramsey county, alleging his ownership in fee of certain described land in that county, and “that the defendant claims some title or interest in said land, and lien upon the same, adversely to the plaintiff, by and through certain pretended tax certificates and tax-deeds, all of which, together with the several pretended tax judgments under which the same were made, are void.” Judgment is asked that plaintiff’s title be…

Appeal by defendants from a judgment of the district court for Hennepin county, where the action was tried by Kochren, J.

Appeal by Peter Lapp and Lemuel W. Flerschem, partners as Lapp & Flerschem, from an order of the district court for Hennepin county, Young, J., presiding, rejecting their claim against the estate of Van Norman Bros., insolvents, the claim having been previously disallowed by Charles C. Bennett, the assignee.

<p>Appeal by the garnishees from a judgment of $45.30 against them in the municipal court of St. Paul.</p>

Waohlin appealed to the district court for McLeod county from an order Of the supervisors of the town of Glencoe laying out a road over his land, and he appeals from an order of Edson, J., granting a new trial after a verdict reversing the order of the supervisors.

Appeal by defendant from an order of the district court for St. Louis county, Holland, L, presiding, (acting for the judge of the 11th district,) refusing a new trial after verdict of $6,000 for plaintiff.

Action on a promissory note for $50, brought in the municipal5 court of Minneapolis.

Plaintiff brought this action in the district court for Hennepin county, under Gen. St. 1878, c. 76, against the defendant, which, it is alleged “is and for more than three years last past has been a cle facto domestic corporation, claiming to be duly incorporated under the laws of this state, and acting and contracting as such corporation under the name” by which it is impleaded.

Appeal by defendant from an order of the district court for Hennepin county, Hicks, J., presiding, granting a new trial after a dismissal ordered at the trial at the close of plaintiff’s case.

Plaintiff brought this action in the district court for McLeod county, to recover the value of 27 sheep and lambs killed on defendant’s track by a passing train at a point where there were no fences. At the trial before Edson, J., a principal issue was whether a lawful fence (of four wires, “the top wire not more than 56 inches high, and the bottom wire not less than 16 inches nor more than 20 inches from the ground”) would have kept the animals from the track.

Plaintiff met with an accident as a result of which one of his feet., had to be and was amputated, and he brought this action in the district court for Bamsey county to recover $520 on a certificate of accident insurance issued to him by defendant, which contained the. following provisions: “In consideration of the payments being made-to this association as provided herein, * * * if at any time ■ during the continuance of this certificate in force Joseph B. Hesinger,. of St.…

Certiorwri to review a judgment of the district court for Dakota county, Crosby, J., presiding, in a proceeding to enforce a special assessment for grading a street, the owners of the property assessed having appeared and objected to the assessment.

Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., presiding, sustaining a demurrer to the complaint, in which the plaintiff asked judgment for $40,000.

Appeal by defendant from an order of the municipal court of Min-neapolis, refusing a new trial upon the plaintiff consenting that the ■verdict of $50 in his favor be reduced to $35.

Appeal by defendant from an order of the district court for Bamsey county, Baxter, J., presiding, (before whom, acting for a judge-of the second district, the action was tried, without a jury,) refusing, a new trial.

Appeal by plaintiff from an order of the district court for Ramsey •county, Brill, J., presiding, sustaining a general demurrer to the complaint. The action was to recover $2,000 damages for the malicious prosecution by defendant, in a justice’s court, of an action of replevin for a cooking-stove of the value of $20, in which action the plaintiff (defendant herein) took the property on the writ, and the defendant therein (now plaintiff) had judgment for its return.

Oh October 30,1888, plaintiff recovered judgment of $400 in the district court for Stearns county, for defendant’s failure to answer. On January 25,1889, after notice and hearing, an order was made by Searle, J., setting aside the judgment and allowing defendant to answer within 20 days from that date, on his payment of $10 costs and also the plaintiff’s disbursements, to be taxed by the clerk.

This action was brought in the district court for Wadena county, and tried before Sleeper, J., and a jury, who found a verdict for plaintiff. A new trial was granted by Holland, L, and the plaintiff appealed.

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

On petition of Henry 0. Burbank and others, partners as H. 0. Burbank & Co., and of Kellogg, Johnson & Co., a corporation, filed February 1, 1889, an order was made by the district court for Marshall county, Mills, J., presiding, adjudging Joseph Dalpay to be insolvent, and appointing a receiver of his property, from which order he appeals.

Plaintiff’s intestate, Alexander M. Dole, brought this action in the district court for Hennepin county, to recover $500 received for him by defendant as his agent. The defendant answered, admitting the averments of the complaint, and alleging as a counterclaim the matters stated in the opinion.

This action was brought in the district court for Norman county, and was tried by Mills, J., (a jury being waived,) upon whose decision a judgment of $99.03 was entered for plaintiff, from which the defendant appeals.

Appeal by defendants from an order of the municipal court of Minneapolis, refusing a new trial after verdict of $199.75. The action was for a balance due for excavating, and grading done by plaintiff for defendants, who had a subcontract for grading certain sections of a railway from D. C. Shepard & Co., the principal contractors.

Appeal by plaintiffs from a judgment on the pleadings, entered in the district court for Goodhue county, pursuant to an order of Mc-Cluer, J.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, refusing a new trial after a verdict of $679.72 for plaintiffs.

Action in the district court for Anoka county, on a judgment for $14,592.02, recovered by plaintiff against defendant in the district court for Hennepin county. Defence (among others) that plaintiff was dissolved prior to the bringing of the action.

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