Volume 42 — Minnesota Reports

Appeal by defendant Julia R. Blake (impleaded with N. M. Cook) from a judgment of the district court for Hennepin county, where the action was tried by Lochren, J.

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

Appeal by plaintiff from an order of the district court for McLeod county, Edson, J., presiding, granting a new trial after verdict of $164 in his favor.

Plaintiff brought this action in the district court for Bamsey county, to recover damages for alleged fraudulent representations made by defendant on November 4,1886, when selling (as agent for the owner) lot 11, block 2, in Haldeman’s addition to St. Paul.

Action, brought in a justice’s court in Ramsey county, in January, 1889, to recover the price of a suit of clothes ($45) sold by plaintiff to defendant “on or about October 1, 1883,” the complaint also alleging that a note was given for the price and is still unpaid.

Appeal by defendant from an order of the district court for Ramsey county, refusing a new trial after a trial by Kelly, J., and judgment ordered for plaintiffs.

Appeal by John Y. Earwell and others, creditors, from an order made by Kerr, J., in insolvency proceedings in the district court for Eamsey county, denying their application for a distribution of the assets of the insolvent among his creditors without the filing of releases, because of alleged fraudulent disposal and concealment of his property. The assignment was made June 20, 1888.

On January 16, 1888, Jed. F. Fuller and'W. H. Kirk, copartners as Fuller & Kirk, of Clearwater, Wright county, made an assignment to John Schaffer, of their partnership and individual property for the benefit of their creditors. The assignment recited a levy on the property of the assignors, on January 16, 1888, by virtue of a writ of attachment issued in an action pending against them in the district court for Stearns county.

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

Appeal by defendant McGuire from an order of the district court for Ramsey county, Vilas, J., presiding, striking out his demurrer to the complaint. The other defendants appeal from an order overruling their demurrer.

Writ of prohibition from this court to restrain proceedings in justice's court. On the return of the writ, the respondents, having answered, moved that it be quashed.

<p>Certiorari, to review proceedings in justice’s court in McLeod county. ;</p>

Plaintiff had judgment for $49.85 in justice’s court for the killing of his cow on defendant’s unfenced track in the village of Brownsville. The defendant appealed, on questions of law only, to the district court for Houston county, where the cause was heard by Farmer, J., and the justice’s judgment was affirmed, and the defendant appealed to this court.

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

Action brought in the district court for Grant county for the conversion of 1,447 bushels of wheat, raised on the farm of one Thoms, and claimed by plaintiff under a chattel mortgage of the growing crop. Defence, title in one Deering, under an earlier chattel mortgage from Thoms, and that Deering deposited the wheat with defendant, who holds it as his bailee. At the trial before C. L. Brown, -J., the plaintiff had a verdict for $821.60.

<p>Contempt — Practice.—Judgment, in proceedings as for contempt, held supported by the record.</p>

Appeal by defendant from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing a new trial after a verdict of $750 for plaintiff.

Appeal by plaintiff (a corporation) from an order of the district court for Blue Earth county, Severance, J., presiding, refusing a new trial.

Appeal by defendant from an order of the district court for Ram•sey county, Wilkin, J., presiding, refusing a new trial after verdict ■of.$4,000 for plaintiff. The action was for personal injuries to plaintiff, a passenger in a car upon defendant’s cable line, resulting from •alleged negligence of defendant.

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

Appeal by defendant from a judgment of the municipal court of Minneapolis, in an action to recover $56 paid for defendant at his request, by plaintiff, (an insurance agent,) as premiums on insurance policies.

Letters of administration of an intestate estate were issued May 9, 1888, and the time for filing claims against it was limited by the probate court to February 8, 1889. On January 18, 1889, plaintiff applied to have the time extended, and on February 6, 1889, an extension until May 9, 1889, was granted. On that day the relator applied for a further extension, which was refused, and he thereupon obtained this writ of certiorari.

<p>Corporation — Quo Warranto — Parties.—Proceedings in the nature of quo warranto, when instituted for the purpose of restraining a corporation from an unlawful exercise of franchises, must he against the corporation, and not merely against its officers and agents.</p>

Appeal by defendants from an order of the district court for Waseca county, Buckham, J., presiding, sustaining a demurrer to their answer.

Appeal by defendants Weide and Gardner S. Moore from an order of the district court for Eamsey county, Kelly, J., presiding, refusing a new trial after verdict of $797.35 for plaintiffs.

<p>Former decision in this case (39 Minn. 262) adhered to.</p>

Appeal by defendant from a judgment of the district court for St. Louis county and from an order by Stearns, J., refusing to open a default.

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

Plaintiff brought this action in the district court for Ramsey county, to recover for injuries caused by alleged negligence of the defendant. Plaintiff was fireman on a locomotive attached to a train of gravel cars employed in filling a low piece of ground in the construction of defendant’s yards at St. Paul, the train working on a temporary construction track, which was moved from time to time as the filling progressed.

Appeal by defendant Lyman C. Dayton, (impleaded with May I. Dayton, his wife,) from a judgment of the district court for Ramsey county, entered by direction of Brill, J.

Appeal by defendant from an order of tbe district court for Mower county, Farmer, J., presiding, refusing a new trial after verdict of $2,700 for plaintiff.

Appeal by defendant from an order of the district court for Kandiyohi county, C. L. Brown, J., presiding, (acting for the judge of the 12th district,) refusing a new trial after a verdict of $7,573 for plaintiff.

Appeal by defendant Edward Murphy (impleaded with John Murphy, the defendants being sued as partners) from an order of the district court for Ramsey county, Brill, J., presiding, denying his motion to set aside the judgment (which was for $244,51) as void as to him.

Appeal by plaintiff from an order of the district court for Blue Earth county, Severance, J., presiding, setting aside a verdict of $5,000 in her favor, and granting a new trial.

Appeal by plaintiff from a judgment of the district court for Hennepin county, entered by direction of Start, J., (acting for a judge of the 4th district.)

Appeal by plaintiff from a judgment of the district court for Dakota county, where the action (an appeal from the probate court) was tried by Crosby, J.

Appeal by Jasper B. Tarbox and others, creditors of John H. Miller, an insolvent debtor, from an order of the district court for Washington county, McCluer, J., presiding, directing that the assets of the insolvent be distributed among those of his creditors who should file releases as required by law.

Appeal by defendants from an order of the district court for Scott county, Edson, J., presiding, refusing a new trial. “Exhibit E” mentioned in the opinion is as follows: “This indenture, made the 28th day.of January, in the year of our Lord one thousand eight hundred and eighty, between John H. Lindenmeier, Jr., and Dorothea Magdalena Grueber, of the town of Hancock, county of Carver, and state of Minnesota, parties of the first part, and Frederick Grueber and Cathrina…

Appeal by defendants from an order of the district court for Traverse county, G. L. Brown, J., presiding, refusing a new trial, the action having been tried before Stearns, J., (acting for the judge of the 16th district,) and a jury.

Defendants were prosecuted and convicted in the municipal court of Minneapolis on a complaint for violating the city ordinance recited in the opinion, and they appeal from the judgment.

Plaintiffs brought this action in the district court for Brown county, to recover the contract price ($154) of the “ outfit” described in the opinion. Defence, breach of the alleged warranty stated in the opinion. Upon the trial, before Webber, J., the evidence offered to sustain this defence was excluded, and a verdict was directed for plaintiffs. The defendant appeals from an order refusing a new trial.

The Lillibridge Bremner Co. was summoned as garnishee of the defendant, Ferguson, in the municipal court of Minneapolis, and disclosed an indebtedness of $56.25. The court, on the disclosure, allowed defendant an exemption of $20, and rendered judgment for $36.25 against the garnishee, from which the defendant appeals.

Appeal by defendant Eotering (who alone appeared and defended) from an order of the municipal court of Minneapolis, refusing a new trial after trial by the court and judgment for $103.35 and interest ordered for plaintiff.

Action for conversion of growing grain, brought in the district court for Swift county, by plaintiff as mortgagee, against defendant McKay, who as sheriff of that county had sold the property on execution against the mortgagor, and against the other defendants as the execution creditors. At the trial, before John H. Brown, J., the plaintiff had a verdict. The defendants appeal from an order refusing a new trial.

Appeal by plaintiff from an order of the district court for Eedwood county, refusing a new trial after a trial by Webber, J., who ordered a- dismissal without prejudice to plaintiff’s right to bring an action for damages.

Plaintiff brought this action in the district court for Eice county, to recover $6,666.67, which it had deposited with the First National Bank of Faribault to be paid over to the defendant on the conditions stated in the opinion, but which the bank had paid over to him, as alleged, without performance of the conditions. The case was heard by Buekham,. J,, on an agreed statement of facts, the substance of which is stated in the opinion.

Defendant was prosecuted in the municipal court of St. Paul on a complaint charging him with practising dentistry by treating the teeth of one Brannon, in that city, on September 2, 1889, without having complied with the statutory requirements.

Appeal by plaintiff from an order of the district court for Hennepin county, refusing a new trial after trial before Young, J., and verdict of $2,000 — the amount claimed in the complaint being $6,924.

This was an ordinary civil action, brought in the district court for Eamsey county, to recover $10,450.59, claimed to be due to the state as a percentage on the defendant’s gross earnings for the years 1883 to 1887, inclusive, in lieu of ordinary taxation on its property, pursuant to the legislation cited in the opinion. The action was tried by Vilas, J., who ordered judgment for the state for the full amount claimed. A new trial was refused, and the defendant appealed.

Habeas corpus. Appeal by the state from an order of the district court for Hennepin county,’ Smith, J. presiding, discharging the relator from imprisonment in the workhouse of Minneapolis, to which he had been committed by sentence of the municipal court of that city. The respondent below, John West, is the keeper of the workhouse.

Motion to dismiss defendant’s appeal from a judgment of the municipal court of Minneapolis, imposing a fine of $15, or, in default of payment, 20 days’ imprisonment in the city workhouse, for disorderly conduct.

Appeal by defendant Branch from a judgment of the district court for St. Louis county, where the action was tried by Mills, J.

Appeal by defendant from an order of the district court for Good-hue county, McCluer, J., presiding, refusing a new trial after verdict of $60 for plaintiff. The action was to recover for one cow killed and two injured by defendant’s train on its railway track, and was brought in justice’s court, and an appeal therefrom taken by defendant on questions of law and fact.

Appeal by plaintiff from an order of the municipal court of Minneapolis, refusing a new trial after a trial by the court and judgment ordered for defendant. The action was to recover $40 for the conversion of personal property.

Action to determine adverse claims to land in Dakota county, brought in the district court for that county, and tried by Crosby,-J., who found the following facts: On May 1, 1855, plaintiff acquired title from the United States to lots 2 and 3 in the northwest quarter of section 24, town 28, range 23, in Dakota county; and on February 7, 1855, one Samuel Mardi acquired title from the United States to lots 1 and 4 in the same quarter-section, adjoining those of plaintiff. .

Action brought in the district court for Murray county, to recover $ 100 damages for the taking and conversion of a harvester and self-binder. Defendant Jacobs answered, alleging that he took the property as sheriff, and by virtue of a writ of attachment against one R. Johnson, the owner. At the trial, before Perkins, J., the plaintiff, to prove her title, testified that she bought the harvester from R. Johnson (her husband) the day before the attachment.

Appeal by defendant from an order of tbe district court for Steams county, refusing a new trial after a trial before Searle, J., and verdict rendered as follows: “We tbe jury in the above-entitled action find a verdict for the plaintiff, and assess tbe amount of ■ damages she is entitled to recover at the sum of $500.00.”

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

Plaintiff brought this action in the district court for Hennepin county against Aaron Palmer, to enforce a lien for labor on pine saw logs, marked P* W,” under a contract with him. Joseph W. Wake-field & Co. were admitted as intervenors, and alone answered the complaint. The action was tried by Lochren, J., who ordered judgment. for plaintiff fqr $129.75 and interest, and making the indebtedness a lien on the logs of the above mark.

Action of ejectment, for damages for withholding possession, and for value of use and occupation, brought in the district court for Kandiyohi county.

After the decision in-this cause (40 Minn. 512, 42 N W. Eep. 473) application was made to the district court for Eedwood county, for a modification of its judgment to accord with the opinion of this court, and thereupon it was ordered by Webber, J., that the judgment theretofore entered be vacated, and it was— “Ordered further that for the amount of taxes heretofore assessed and levied against said several pieces or parcels of land by the auditor of said county in the year…

Writ of error to the district court for Waseca county, where defendant was convicted on a trial before Buckham, J., and a jury, and sentenced to pay a fine of $ 100 and costs, and be committed to the county jail for 30 days. The record contains no bill of exceptions, but contains a statement of evidence and of the charge at the trial, certified by the clerk of the court, and not showing any exceptions taken by defendant.

Appeal by defendant from a judgment of the district court for Faribault county, when the action was tried before Severance, J., and a verdict of $3,000 rendered for plaintiff, and a new trial refused.

Action brought in the district court for St. Louis county against the defendants Phelps and S. T. Church as joint makers of a promissory note for $210. Phelps alone answered, his defence being the alteration stated in the opinion. At the trial before Stearns, J., the defendant had a verdict. The plaintiff appeals from an order refusing a new trial.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, refusing a new trial after verdict of •$>96.38 for plaintiff.

Action to determine adverse claims to real estate in Bamsey ■county, brought in the district court for that county and tried by Brill, J., who ordered judgment for plaintiffs. The defendants are Catharine Van Der Mey (widow of Henry H. Timme, deceased) and John Van Der Mey, her husband; Amelia Angela Timme, daughter of Henry H. Timme; and Geo. H. Hammer, the surviving husband of Sophia Timme, also a daughter of Henry H. Timme.

Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., presiding, granting defendant’s motion for judgment on the pleadings.

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

Appeal by defendant from a judgment of the district court for Hennepin county, where the action was tried before Bea, J., and a verdict of $1,235 rendered for plaintiff. There was no motion for a new trial.

Case certified from the district court for Washington county by McCluer, J. The indictment was for seduction under promise of marriage, and was sustained by this court in 41 Minn. 41.

Appeal by defendant, Hensel, as administrator of George B. Everett, deceased, from a judgment of the district court for Nicollet county, (where the action was tried by Webber, J., without a jury,) adjudging that the plaintiff recover from the Minnesota Odd-Fellows’ Mutual Benefit Society the sum of $2,000, theretofore paid into court by that society. The action was originally brought against the society on a certificate issued to Geo.

Appeal by plaintiff from an order of the district court for Norman county, refusing a new trial after trial before Mills, J., and verdict of $76.95 for plaintiff. The action was brought on two promissory notes, for a balance of $118.17, with 10 per cent, interest from March 11, 1887.

After the decision of the former appeal in this cause, (reported 40 Minn. 236,) a trial was had in the district court for Hennepin county before Smith, J., without a jury, and judgment ordered’ for plaintiff for the specific enforcement of an agreement between himself and his deceased father, Charles Mousseau, the substance of which is stated in the opinion on the former appeal.

Lax & Nilson, Hill, Hosmer & Co., and Wheaton & Reynolds brought suits in the district court for Hennepin county, to enforce mechanics’ liens against four dwelling-houses and the two contiguous lots in Minneapolis. By consent the actions were consolidated and tried together by Lochrén, J., who found the facts as stated in the opinion and ordered judgment establishing and enforcing the lien in each case.

Plaintiff brought this action in the district court for Hennepin county, as obligee in a bond conditioned that Roland E. Patterson (one of the obligors, the others being his sureties,) should well and faithfully perform a written contract he had made with plaintiff for the construction of its “Como shops.” The complaint alleges that in and by the contract Patterson covenanted that the buildings to be constructed under it should be kept clear of liens for labor, workmanship,…

Appeal by defendants from a judgment of the district court for St. Louis county, and from an order of Holland, J., (acting for a judge of the 11th district,) refusing a new trial.

Appeal by defendant Wilson from an order of the district court for Clay county, refusing a. new trial after a trial before Mills, J., and judgment for $4,092 ordered for plaintiff.

Appeal by Theodore Weiland, sheriff of Scott county, from orders made by Eclson, J., in the district court of that county in the above-entitled action, which are stated in the opinion.

In proceedings, in the district court for Hennepin county, to enforce the payment of taxes on real estate for the year 1887, remaining delinquent on the first Monday in January,. 1889, the St. Paul, Minneapolis & Manitoba Ky.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, overruling its demurrer to the complaint. The grounds of demurrer were (1) incapacity of plaintiff to sue, (2) defect of parties plaintiff, and (3) failure to state a cause of action. • The plaintiff sues as administratrix of Abram Bomash, deceased.

Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, L, presiding, setting aside a judgment on default and admitting defendants to answer.

Appeal by defendant from an order of the district court for Stearns county, refusing a new trial after a trial before Searle, J., and verdict of $921.20 for plaintiff.

<p>Certiorari to the district court for Hennepin county, to review an order by Lochren, J., in proceedings for laying out a street across the relator’s railway in the city of Minneapolis.</p>

Appeal by defendants from an order of the district court for Lyon county, Webber, J., presiding, refusing a new trial on plaintiff remitting $36 from the verdict in her favor, thereby reducing it to $217.71.

Defendant was convicted in the district court for Hennepin county, before Hicks, J., of assault in the second degree, and appeals from an order refusing a new trial.

Proceedings were begun, under the charter of St. Paul, to condemn the right to take slopes off of the relators’ lands abutting on Hall avenue, so that the avenue might be graded without providing lateral support for the abutting lands. Relators appealed to the district court, being dissatisfied with the damages assessed.

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

Action for partition, brought in the district court for Bamsey county, and tried by Kelly, J., who ordered judgment for defendants, quieting their title to the land described in the complaint, unless plaintiff should elect to abandon his interest under the deed, and to take only under the will, mentioned in the opinion, with provision as to the improvements. A new trial was refused, and the plaintiffs appealed.

An instrument having been admitted to probate in Bice county a& a codicil to the last will of William H. Dike, the two daughters of the-testator, who had contested the codicil in the probate court, appealed! on questions'of law and fact to the district court for the same county,, where issues were framed for a jury and tried before Buckham, J. The; jury found the codicil was signed and attested in due form, but that, at the date of its execution, the testator was not of…

Replevin brought in the district court for Hennepin county. At the trial, before Rea, J., the jury found for defendant and assessed the value of the property at $2,000; Plaintiff appeals from an order refusing a new trial. A former appeal is reported in 39 Minn. 346.

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

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

<p>Appeal from an order of the district court of Scott county, Edson, J., presiding, directing the issue of a peremptory writ of mandamus.</p>

Appeal by defendants Edward D. Smith and Seth K. Howes from an order of the district court for Hennepin county, Young, J., presiding, refusing a new trial. The plaintiff’s lien-statement was as follows; Exhibit “A.”' “Minneapolis, Minn., March 10, 1888. Mr. James McKinney, Jr., To Silas King, Dr. 1887.

Appeal by plaintiff from an order of the district court for Hennepin county, Rea, J., presiding, overruling Ms demurrer to the answer.

Case certified from the district court for Chippewa county, in proceedings to enforce payment of delinquent real-estate taxes.

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

Appeal by defendant from an order of the district court for Hennepin county, Rea, J., presiding, refusing a new trial after verdict of $3,182 for plaintiff.

Plaintiff brought suit against one William Leo in the municipal court of Minneapolis, and summoned Jeremiah Spear as garnishee, who made disclosure of an indebtedness of $154 owed by him to Leo. Thereupon L. J. Mueller, “for and on behalf of William Leo and L. J. Mueller, copartners as Leo & Mueller Furnace Co.,” and by leave of the court, filed a complaint in intervention, claiming the debt from Spear as belonging to the partnership.

Appeal by plaintiff from an order of the district court for Hennepin county, Hicks, J., presiding, refusing a new trial after a verdict of $3,705.78 for defendant on the counterclaim mentioned in the opinion.'

In proceedings in the district court for Polk county, to enforce payment of real-estate taxes remaining delinquent on the first Monday in January, 1888, the defendant Hunter filed an answer, and the cause was tried by Mills, J., who found the facts as stated in the opinion, and that defendant was entitled to judgment adjudging the tax on the land in question null and void* and thereupon, on application of the county attorney, the case was certified to this court.

Appeal by defendant from an order of the district court for St. Louis county, Ensign, J., presiding, sustaining a demurrer to the answer.

Defendant was tried and convicted before the city justice of the-city of Rochester, on a complaint for keeping open his licensed billiard and” pool-room in that city between the hours- of eleven o’clock, in the night of May 25, 1889, and six o’clock of the following morning, contrary to an ordinance of the city which was passed May 6, 1889, and went into effect May 17, 1889.

Appeal by plaintiff from a judgment of the district court for Hennepin county, in favor of the intervenor Briggs, after a trial by Hicks, J.

This action was brought in the district court for Eice county against .the defendant corporation and certain of its stockholders resident in this state, and was tried by Buckham, J., who ordered judgment against the corporation for the amount of plaintiff’s claim, ($22,->091.84,) but in favor of the other defendants. The plaintiff appeals from the judgment.

Action, brought in the district court for Mower county, to recover $94.89, the price of two furnaces. Counterclaim (besides defences) for $125. Trial before Farmer, J., and verdict for defendants for $112. Appeal by plaintiff from an order refusing a new trial.

Plaintiffs brought this action in the district court for Hennepin county, to recover possession of block 13 in Bottineau’s second addition to St. Anthony on which they alleged the defendant had built its railway, and $3,000 for withholding it.

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

Action to determine adverse claims to real property in Minneapolis. After the decision of a former appeal, (37 Minn. 338,) the action was again tried in the district court for Hennepin county before Young, J., from whose findings of fact it appears that on March 28, 1863, A.-G. and E. A. Groff became tenants in common of the-property.

Defendant was tried and convicted in the district court for Redwood county, before Webber, J., on an indictment for murder in the first ■degree, and appeals from an order refusing a new trial.

<p>Village — School-District.—A village constituting a part of an independent school-district is not authorized, at its own election, to withdraw therefrom, and to organize as a separate independent school-district.</p>

Action to determine adverse claims to lands in McLeod county, brought in the district court for that county, and tried by M. O. Little, Esq., as referee, who ordered judgment for defendants. A new trial was ordered by Eclson, J., and the defendants appealed. The plaintiffs claimed title through a deed from Jane Ortley, mother of Henry F. Ortley, Jr., the patentee; the defendants through a deed from his father, Henry F. Ortley, Sr.

<p>Partition Pences — Statutory Proceeding — Notice.-—Proceedings by township supervisors for an assignment of the respective shares of a partition fence required to be maintained by the occupants of adjoining lands must be taken against and in the name of the party sought to be charged, with the duty. Proceedings against an “occupant,”, upon notices directed to and served on him, will not authorize a recovery against an “owner” not named or joined, for the amount of an appraisal under the-statute.</p> <p>Same — Duties of Viewers — Requisites to Jurisdiction. The duties of the supervisors, when acting as fence-viewers, are judicial in their nature, and notice “to the parties” is necessary to give them jurisdiction of the proceedings to make an assignment or appraisal in the ease of partition fences.</p> <p>Same — Case held to be within Statute. — The facts disclosed by the record held sufficient to make a case warranting proceedings by the fence-viewers against the proper'parties, requiring them to maintain their respective shares of a partition fence.</p>

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

Appeal by plaintiffs from an order of the district court for Bock county, Perkins, J., presiding, refusing a new trial after, verdict of: $122 for defendant.

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

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

Appeal by defendant from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial after verdict of $1,212.69 for plaintiff.

Action brought in the district court for Hennepin county, to re•cover $3,496.72, the alleged value of a stock of groceries, taken from plaintiffs’ possession by defendant, as sheriff, under writs of attach.ment against Letcher & Valentine, the plaintiffs’ claim of title resting on an alleged purchase from Letcher & Valentine prior to the attachment.

Appeal by plaintiffs from an order of the district court for Ramsey county, Brill,- J., presiding, (by whom the action was tried, without a jury,) refusing a new trial.

This action having been brought on for trial in the district court for Hennepin county, before Lochren, J., a motion by defendant for judgment in his favor on the pleadings was granted. Plaintiff appeals from the judgment.

Ejectment for a strip of land, four rods wide, in 'Wright county. Defence that for more than 10 years immediately prior to suit brought (which was in March, 1889,) the defendant had been continuously in possession of the land in question, and had continuously worked it, kept it in repair, and used it as a public highway, and during all that time it had been travelled and in use by the public as a highway.

Appeal by defendant- from an order of the district court for Hennepin county, Smith, J., presiding, overruling her demurrer to the complaint. •

Action brought in the district court for Clay county to r’ecover $150 on interest coupons of bonds issued by defendant for drainage purposes. Defence that the petition for the issue of the bonds was not signed by the requisite number of legal voters. The action was tried by Mills, J., who found that the plaintiffs were bona fide purchasers for value and ordered judgment in their favor. A new trial was refused, and the defendant appealed. •

Appeals by defendant from an order of the district court for Hennepin county sustaining a demurrer to portions of his answer, and from an order refusing a new trial, both orders having been made by Rea, J.

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

Action on a promissory note for $500, brought in the district court for Hennepin county. Counterclaim of $301.64 for professional services as an attorney-at-law, rendered by defendant to plaintiff’s intestate, the payee of the note. Trial before Hooker, J., and verdict of $437.62 for plaintiff. Appeal by defendant from an order refusing a new trial.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, overruling his demurrer to the complaint, the averments of which were in substance as follows: Plaintiffs, who were owners' of certain described land in Ramsey county, on being solicited so to do by one Bartlett, acting for defendant, appointed,,defendant, September 10, 1886, their exclusive agent, for three days, for the purpose of selling such land for the sum of $12,500.

Each of these actions was brought in the district court for Ramsey county, to enforce a lien on a cable street railway of defendant, for material furnished to the New York Cable Railway Construction Co., the contractor by which the railway was built. The first of the actions was tried by Vilas, J., wbo ordered judgment, establishing a lien for $1,023.19 andinterest.

Appeal by defendant Little from a judgment of the district court for Hennepin county, Smith, L, presiding, establishing a lien to the amount of $2,315.87 on rea.l property of the appellant.

Action in the municipal court of Minneapolis to recover $198.50 as the “agreed price and fair and reasonable value” of window and door frames and window-sash sold and delivered to defendant. Defence that the goods delivered were furnished under an entire contract for use in a building in course of erection, which contract plaintiff has not fully performed, and counterclaim for damages for nonperformance.

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

Appeal by plaintiff from an order of the district court for Ramsey county, refusing a new trial after a trial by Brill, J., and judgment ordered for defendants. The action was to enforce a mechanic’s lien for $2,817.81.

Action to enforce a mechanic’s lien for $3,379.20, brought in the district court for Crow Wing county, and tried by Sleeper, J., who ordered judgment for plaintiffs. After his decease a motion for 'a new trial was denied by Searle, J., and the defendant Kindred appealed.

<p>Usury — Knowledge of Intent. — To charge one with usury he must know of and be a party to the intent to violate the law against usury.</p> <p>Same — Innocent Purchaser. — J. executed a note and mortgage to T., there being no-consideration between them; the purpose being that T., in or-' der to raise money for J., should negotiate them as his own on the best terms he could obtain. T. sold and transferred them, at a discount greater than the rate of interest allowed by law on loans, to B. & G., who did not know that T. was not the owner of them. Held, that there was no usury between J. and T.; also that as B. & G. intended to make, and in good faith supposed they were making, a purchase and not a loan, and did not know the real nature of the transaction between J. and’T., there was no usury as to them.</p>

Appeal by plaintiffs from an order of the district court for Hennepin county, Hicks, J., presiding, sustaining a demurrer to the complaint. The written authority from defendant Charles Erickson to the agents bore date August 18, 1886.

Appeal by plaintiff from an order of the district court for Hennepin county, refusing a new trial after a trial by Lochren, 3., and judgment ordered for defendant.

Action upon a promissory note, for $2,000, brought m the district court for Hennepin county against W. B. Sparkman, impleaded with the Derwood Consolidated Mining & Milling Company and others, defendants.

Quo warranto, to try the question whether the village of Park Point ceased to exist on the passage of Sp. Laws 1889, c. 19, the respondents being the village and its officers. In their answers the respondents, among other things, deny that any part of the territory-of the village was by the act' cited brought within the limits of Duluth.

Case certified from the district court for Morrison county, by Searle, J., in proceedings to enforce delinquent real-estate taxes.

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

• Appeal by plaintiff (a corporation) from a judgment of tbe district court for Eamsey county, where the action (brought to recover 30 pianos, made by plaintiff, and of the alleged value of $15,900) was tried by Vilas, J., and judgment ordered for defendant at the close of plaintiff’s case.

Appeal by plaintiffs from an order of the district court for Hennepin county, refusing a new trial after a trial before Rea, J., and a dismissal ordered at the close of plaintiffs’ case.

Action brought in the district court for Hennepin county, to determine defendant’s adverse claim to vacant land in Minneapolis. Trial before Lochren, J., and judgment ordered for plaintiff. Appeal by defendant from an order refusing a new trial.

Action brought in Hennepin county on two promissory notes, made by defendants in their firm name of Witt, Hartley & Co., one for $1,000 dated June 21, 1884, and the other for $1,075, dated August 23, 1884.

Appeal by plaintiff from an order of the district court for Hennepin county, Hicks, J., presiding, refusing a new trial in an action to recover $10,862, for personal injuries.

Action to determine adverse claims to lands in Anoka county. The defendant answered, claiming title in fee, and by consent a trial was had in Hennepin county, before Young and Hicks, .JJ., who found these facts: On October 5, 1878, Fred G. Mayo (the common source of title) executed a power of sale mortgage to E. F. Eollins, which was duly recorded.

Cross-appeals from an order of the district court for Hennepin county, refusing a new trial after a trial by Smith, J., who held that neither party was entitled to relief, and ordered judgment of dismissal.

Appeal by defendant from an order of the district court for Carlton county, Holland, J., presiding, (before whom, acting for a judge of the 11th district, the action was tried,) refusing a new trial.

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., presiding, sustaining a demurrer to his answer. •

Appeal by plaintiff from a judgment of the district court for Otter Tail county, Baxter, J., presiding, in an action of replevin for two colts, of the alleged value of $60.

Appeal by plaintiff from an order of the district court for Hennepin county, refusing a new trial after a trial before Hooker, J., and verdict directed for defendant. The action was to recover $5,000 for the negligent killing of plaintiff’s child, three years of age, of whose estate the plaintiff is administrator.

Appeal by defendant from an order of the district court for Ramsey county, refusing a new trial after a trial before Kelly, J., and a verdict of $918.47 directed for plaintiffs.

Action brought in the district court for Hennepin county on a note for $450, and tried in Stearns county, before Searle, J., who directed a verdict for plaintiff. The defendant appeals from an order refusing a new trial.

Two actions, brought in the district court for Blue Earth county, one on each of the following instruments: “In consideration of full release of obligation to 1st Nat. Bank, Worthington, guaranteed by George J. Day, due George -J. Day, in settlement, $1,631.41 on within account. March 14, 1888. Peter Thompson.” “Due George J. Day in settlement $1,050, value received. Worthington, Minn., May 11, 1888. Peter Thompson.” Plaintiff sues as a purchaser from Day.

Appeal by plaintiffs from an order of tbe district court for Wilkin county, G. L. Brown, J., presiding, overruling their demurrer to the complaint in intervention.

Appeals by defendant and intervenors from a judgment of the district court for Kandiyohi county, where the action was tried by O. L. Brown, J., acting for the judge of the 12th district.

Appeal by plaintiff from a judgment of the district court for Ramsey county, Brill, J., presiding. None of the defendants appeared in that court or in this.

Appeal by defendant Stout from an order of the district court for Bamsey county, Kelly, J., presiding, overruling his demurrer to the complaint in a suit to enforce a subcontractor’s lien.

Action for $10,000 damages for malicious prosecution, brought in the district court for Hennepin county. At the trial before Young, J., the plaintiff offered in evidence an account of his arrest published four days afterwards in a newspaper edited by defendant. The evidence was excluded, and plaintiff excepted.

Action brought in the district court for Big Stone county, to recover possession of a stock of jéwelry, mortgaged to plaintiff by one Ahearn, and taken possession of by defendant under a general assignment by Ahearn for the benefit of creditors. The plaintiff obtained the property, and at the trial before C. L. Brown, J., the court directed a verdict for defendant, leaving to the jury the sole question of the value of the property.

Appeal by defendant from an order of the district court for Polk county, Mills, J., presiding, overruling its demurrer to the complaint in an action for $2,975 for personal injuries.

Plaintiff brought this action in the district court for Stearns county, alleging that the defendant, representing himself to be authorized to compromise a judgment for $326.07 against plaintiff, held by Fuller & Johnson, made an agreement with plaintiff that if plaintiff would transfer to Fuller & Johnson a judgment for $501.70, owned by him, against Hall & Lambert, they would satisfy their judgment against him; that plaintiff thereupon assigned his judgment to defendant, as…

Actions in the district court for Hennepin county, to determine adverse claims to vacant lots in Minneapolis. The defendant appeals from an order by Smith, J., in each case, refusing a new trial.

Appeal by defendant from an order of tlie district court for St. Louis county, Ensign, J., presiding, overruling her demurrer to the complaint, the averments of which are in substance as follows: Defendant, who lives in Ontario, Canada, is the widow of one Patrick Seymour, late of Brainerd, in this state, who* while residing in this state, was known as Francis Seymour, and who died January 8, 1888, intestate, and seised of certain described lands in Brainerd and in Duluth,…

Action brought in the district court for Hennepin county, to recover $5,000 for personal injuries resulting from a fall on an icy sidewalk. Trial before Hooker, J., who ordered a dismissal at the close of the evidence for plaintiff, who appeals from an order refusing a new trial.

Action brought in' the district court for Hennepin county, to recover $13,065 and interest as damages sustained by reason of the alleged unlawful acts of defendant mentioned in the opinion. At the trial before Young, J., all the causes of action were dismissed. Plaintiffs appeal from an order refusing a new trial.

Appeal by defendants from an order of the district court for Kamsev county, Kerr, J., presiding, overruling their demurrer to the complaint. The writing mentioned in the opinion is as follows: ■ “Edgewood Addition to North St. Paul. “No. 52.

Appeal by defendants from an order of the district court for Grant county, C. L. Brown, J., presiding, refusing a new trial after verdict of $200 for plaintiff.

Appeal by plaintiff from a judgment of the district court for Chi-sago county, Crosby, J., presiding, reversing a decree of the probate court, and assigning the estate of Erasmus D. Whiting, defendant’s testator, to the persons adjudged entitled. The plaintiff claims under the following provisions of the will: “Seventh.