Volume 43 — Minnesota Reports

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

Action brought in the district court for St. Louis county, the plaintiffs alleging ownership in fee of lot 265 of block 31, of “Rice’s Point,” and that defendant claims some right therein through tax sales and certificates, and asking that defendant set up its claims and that they be adjudged void. Defendant answered, claiming title in fee under tax sales and certificates.

<p>Vendor and Purchaser — Abandonment of Contract. — Under a contract for the sale of land, providing for the payment of a part of the price within 20 days after an abstract showing a clear title should be presented to the purchaser, upon which payment the conveyance was to be made, if the vendee notifies the vendor that he is unable, for want of funds, to perform the contract on his part, he may be deemed to have relinquished his rights under it; and the vendor need not, in order to put the vendee in default, present an abstract of title or tender a deed. In such ease it is not important that there was a cloud upon the title which the vendor was able and willing at once to remove.</p>

David Bradley & Co. (a corporation) made application to the district court of Big Stone county for an order for distribution of the estate of C. A. Welch (who, on January 13, 1888, had made an assignment under the insolvent law) without the filing of releases by the creditors. An order to show cause was thereupon issued by <7.

Action brought in the district court for Ramsey county, to recover $13,000 damages for breach of the alleged contract set forth in the opinion, the complaint alleging that immediately after the date of such contract the land described in it rapidly increased in value, and within the period of three months designated in such contract the land was worth in market and could and would have been sold by plaintiff for $30,000, except for defendant’s breach of the contract on…

Appeal by defendant Booth (impleaded with Mrs. Wm. B. Hamilton) from an order of the district court for Hennepin county, Hooker, J., presiding, overruling his separate demurrer to the complaint.

<p>Corporations — Fees for Filing Articles — Iowa Railway Companies.— Held, that the provisions of Laws 1889, c. 225, apply to Iowa railway companies who accept the provisions of Laws 1877, c. 14, and that such companies are required, as a condition precedent to filing their articles of association with the secretary of state, to pay into the state treasury the fees prescribed by the act of 1889.</p>

Appeal by plaintiff from an order of the district court for Polk county, Mills, J., presiding, overruling its demurrer to the answer.

Plaintiff (doing business under the name of the Sole-Leather Over Manufacturing Co.) brought this action in the district court for Norman county, to recover the price ($162.25) of 96 pairs of “overs,” sold and delivered to defendant between June 27 and November 15, 1888.

Action in the district court for Bamsey county, on a promissory note for $274.10. Plaintiffs appeal from an order by Kelly, J., overruling their demurrer to the answer.

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 defendant.

Appeal by plaintiffs from an order of the district court for Hennepin county, refusing a new trial after a trial by Rea, J., and a judgment ordered in favor of the Norwegian-Danish Evangelical Lutheran Augsburg Seminary, against whose property the plaintiff sought to establish and enforce a subcontractors lien, for $651.82. ,

Appeal by plaintiff from a judgment of the district court for Ramsey county, Kelly, J., presiding, dismissing her action for a divorce from the bonds of matrimony. The defendant did not appear in the district court or in this court.

Appeal by defendants, partners as C. A. Pillsbury & Co., from an order of the district court for Hennepin county, Hicks, J., presiding, overruling their demurrer to the complaint.

On March 5, 1889, one John Kraus brought suit against defendant Schranck, in a justice’s court in St. Paul, and one Geo. W. Walsh was summoned as garnishee. On the same day Schranck made a general assignment to defendant Albert W. Sehwabe of all his property not exempt from execution, for the benefit of such of his creditors as should file releases, the assignment reciting the garnishment proceedings, and purporting to be made under the insolvent law.

Appeal by plaintiff from an order of the municipal court of Still-water, sustaining a demurrer to the complaint, in which plaintiff asked judgment for $97.90.

Appeal by defendant from a judgment of the district court for Ramsey county, where the action was tried before Wilkin, J., a verdict of $2,406.25 rendered for plaintiff, and a motion for a new trial denied.

Other alleged errors in the rulings of the court when taking the testimony, and errors said to have occurred in its charge to the jury, considered and disposed of. Plaintiff, as administrator of Gustave Brown, deceased, brought this action in the district court for Hennepin county, to recover $5,000 damages for the alleged negligence of the defendants causing the death of his intestate.

Appeal by defendant from a judgment of the district court for Ramsey county, where the action was tried by Brill, J., who found the facts substantially as follows: During more than five years next before suit brought the defendant (a national bank) was accustomed to receive from its customers (including plaintiffs) for collection, and to collect for them, all drafts and checks left with it for collection, and, in collecting from persons living at remote places, to send them…

Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., presiding, granting a new trial after a verdict of $5,000 in Ms favor in an action for the death of his intestate caused by alleged negligence of defendant.

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

Action brought in the district court for Lyon county, for the conversion of two horses, claimed by both parties under chattel mortgages from the same mortgagor, that to defendants being the earlier. The issue of value was tried by a jury, who found the value to be $96.75. The other issues were tried by Webber, J., upon whose findings a judgment was entered for defendants, from which the plaintiff appeals.

Action brought in the district court for Hennepin county, to determine defendant’s adverse claim to “all that part of government lot 1, in section 23, town 29 north, range 24 west, commonly known as ‘Nicollet Island,’ lying northwesterly from the highway across said Nicollet Island known as Bridge street, and between Park street and the^Mississippi river, according to the plat of ‘Nicollet Island,’ on file,” etc., — the plaintiff alleging title and possession in herself.

Appeal by plaintiff from a judgment of the district court for Hennepin county, where the action was tried by Young, J., and a dismissal ordered at the close of plaintiff’s case.

Action brought in the district court for Washington county, to recover possession of lot 3, section 8, town 32, range 21, with $6,000, the value of the use and occupation of the lot for six years next before suit brought.

Appeal by defendant from an order of the district court for St. Louis county, refusing anew trial after a trial before Stearns, J., and verdict of $ 19 5'. 5 8 for plaintiff.

Appeal by Margaret J. Mitchell, the contestant, from a judgment of the district court for Stearns county, Baxter and Searle, JJ., presiding, refusing a new trial, after a decision sustaining the will of her late , husband, James S. Mitchell.

Appeal by plaintiff from an order of the district court for Hennepin county, refusing a new trial after a trial by Smith, J., and judgment ordered for defendants.

Appeal by defendant Lamb (impleaded with Marcellas Pitts and others) from a judgment of the district court for Blue Earth county, where the action (brought to set aside a judgment of $122.35) was-tried by Severance, J.

Action brought in the district court for Hennepin county, to recover $3,800 damages for alleged fraudulent representations as to title to land. Appeal by plaintiffs from an order of Young, J., refusing a new trial after a dismissal ordered at the trial.

Plaintiffs brought this action in the district court for Otter Tail county, to recover $240 rent reserved in a written lease, and $100 damages for breach of defendant’s covenant to keep in repair. In his answer the defendant pleaded a counterclaim for $200 damages for alleged fraudulent representations made by plaintiffs at the time of the execution of the lease.

Action brought in the district court for Hennepin county against defendants Bing & Tobin, partners, and the city of Minneapolis, to recover $5,000 for personal injuries. At the trial, before Hooker, J., the plaintiff introduced evidence tending to prove that about six o’clock in the evening of December 4, 1888, he was standing at the rear end of an express wagon, passing through 4th street in Minneapolis.

This action was brought in the district court for Washington county, and removed for trial to Ramsey county, and there tried by Kelly, J., who ordered judgment for defendant and refused a new trial. Plaintiff appeals from the judgment.

Appeal by plaintiff from an orcler of the district court for St. Louis county, Ensign, J., presiding, sustaining a demurrer to the complaint. The substance of the complaint is stated in the opinion. The prayer for relief is (1) that the conveyance from the Duluth Improvement Co. to defendant be decreed to be invalid; (2) that the cloud cast by that conveyance on plaintiff’s title to the westerly half of block 27 be removed, and (3) for general relief.

Plaintiffs, claiming to be the owners of certain land in St. Louis county, brought this action in-the district court for that county to restrain the defendant from constructing a railway track in front of their land and between it and the dock line in the Bay of St. Louis, thus cutting them off from access to navigable water.

Appeal by defendant from an order of the district court for Sibley county, Edson, J., presiding, refusing a new trial after verdict of $475 for plaintiff.

Plaintiff having paid the amount of the interest coupon note due March 1, 3888, and secured by mortgage made by plaintiff March 1, 1887, being the first of the mortgages mentioned in the opinion, brought this action in the district court for Hennepin county, to recover from defendant the amount so paid with interest. The action was tried by Rea, J., who ordered judgment for plaintiff. The defendant appeals from an order refusing a new trial.

Plaintiff brought this action in the district court for St. Louis county to recover tolls to the amount of $17,000. The action was tried in Bamsey county, before Vilas, J., who ordered a dismissal at the close of plaintiff’s case. After his decease a motion for a new trial was made before Kelly, J., and was denied, and the plaintiff appealed.

Action brought in the district court for Hennepin county, to determine adverse claims to block 18, in Groveland addition to Minneapolis.

Action brought in the district court for Eice county, the complaint alleging that since the decease of John Doyle, plaintiff’s intestate, the defendant, in Eice county, wrongfully and unlawfully took possession of certain described personal property, of the value of $600, owned by the decedent at the time of his death, and of which the plaintiff, as administrator, is entitled to immediate possession, and that the defendant now wrongfully detains the property at Le Sueur…

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

Plaintiffs brought this action in the district court for St. Louis county, praying (among other things) that a written assignment by defendant Bobert C. of his interest in a land contract, be reformed by inserting plaintiffs’ names as assignees.' The writing bore date October 11, 1888, and one ground of defence was that it was executed and delivered on Sunday.

Appeal by defendant from an order of the district court for McLeod county, refusing a new trial after a trial by Edson, J.

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

Appeal by plaintiff from an order of the district court for St. Louis county, refusing a new trial after trial before Stearns, J., and verdict directed in favor of defendants Eay & Carey, the sureties on the bond in suit.

On September 21,1889, plaintiffs recovered judgment (for $107.28) by default in the municipal court of St. Paul against Hattie T. Stone, and Stone & Co., as garnishees of the defendant Perkins. On September 23d, transcripts were issued and filed in the district court for Ramsey county, and executions issued from that court.

Appeal by defendant Harris from an order of the district court for Becker county, Mills, J., presiding, dismissing his appeal (on questions of law only) from a judgment of $34.46 against him in justice’s court, on the ground that it was described in the notice of appeal as a judgment of $2.50.

Appeal by defendant William H. Ulmer (one of the sureties in the bond on which the action was brought) from an order of the district court for Bamsey county, refusing a new trial after trial before Wilkin, J., and verdict of $4,081.07 directed for plaintiffs.

Appeal by defendant from an order of the district court for Nobles county, Perkins, J., presiding, refusing a new trial after verdict of $624 for plaintiff. -

<p>Appeal by defendant from a judgment of $78.32, in the municipal court of St. Paul.</p>

Appeal by plaintiff from an order of the municipal court of Duluth, denying his motion for a new trial in an action to recover $90 rent reserved in a written lease.

Appeal by plaintiff from an order of the district court for Wadena county, G. L. Brown, J., presiding, denying his motion that a judgment of the same court of $356.20, in his favor against defendant Barwise, and the judgment of $270.61, recovered against him by Barwise in this action, be set off against each other.

<p>Mortgage — Foreclosure—Redemption by Junior Lienholder. — Rule in Pamperin v. Scanlan, 28 Minn. 845, and Parke v. Hush, 29 Minn. 434, that the holder of the purchaser’s interest upon a foreclosure or execution sale, in order to tack a subsequent lien to it for the purposes of redemption, must place himself in the line of redemptioners with respect to such subsequent lien, by complying with the statute, followed.</p> <p>Same — Lienholding Creditor — Purchaser at Sale under Junior Mortgage. — The purchaser at the foreclosure of a junior mortgage may, within the year from the foreclosure sale, redeem from the foreclosure of a prior mortgage as “a creditor having a lien.”</p>

Appeal by defendant Isaac Patterson from an order of the district court for Isanti county, Hicks, J., presiding,, overruling his separate demurrer to the complaint.

Appeal by defendant from an order of the district court for Eice county, Buckham, J., presiding, refusing anew trial after a verdict of $322.75 for plaintiff.

“A. H. Kenyon and A. T. Morse, partners as Kenyon & Morse,” brought this action in the municipal court of Minneapolis against “J¿ S. Semon and W. H. Semon,” and had judgment by default, on October 28, 1889, for $175.18.

Plaintiff brought this action in the district court for St. Louis county, on March 30,' 1889, alleging, in his amended complaint, that as a commission merchant in Chicago, he sold for defendant, at his request, 20,000 bushels of wheat at $1.28f per bushel, on May 1,1882, and bought for him, at his request, 20,000 bushels of wheat, at $1.35 per bushel, on May 26, 1883, and that the defendant promised to pay the amount expended by plaintiff for the purchase in excess of the…

Appeal by plaintiff-from an order of the district court for Sibley county, Edson, J., presiding, refusing a new trial after verdict in favor' of defendant Patrick Duffy, who alone appeared and defended.

Appeal by defendants from an order of the municipal court of Minneapolis, refusing a new trial after a trial by the court, and judgment of $115 ordered for plaintiff.

Action brought by plaintiffs in the municipal court of Minneapolis, to recover $500 as their commission on a sale of real estate negotiated by them for defendant. Upon trial by the court judgment was ordered and entered for plaintiffs for the amount claimed, and the defendant appealed.

Plaintiff brought this action in the district court for Eamsey county, praying that a quitclaim deed of lot 5, of block 7, in Warren & Eice’s addition to St. Paul, executed by Addison O. Miller and wife to defendant under the circumstances stated in the opinion, be adjudged void as to plaintiff, and that plaintiff’s title to the lot be quieted, etc. The action was tried by Kelly, J., who ordered judgment for defendant, which was entered, and the plaintiff appealed.

Appeal by plaintiff from an order of the municipal court of Duluth, sustaining a demurrer to the complaint in an action for $111.68.

Appeal by plaintiff from a judgment of the district court for Hennepin county, entered pursuant to an order of Smith, J. The action was commenced by attachment pursuant to Gen. St. 1878, c. 83, to enforce a claim of $190.65, for coal furnished, and the ground of decision was that the statute is unconstitutional, this objection having been taken by H. Trumbull, owner of the steamboat, appearing specially to object, on that ground, to the jurisdiction of the court.

Appeal by defendant from an order of the district court for Ramsey county, Brill, J., presiding, denying his motion to set aside a judgment of $348.12, entered on failure to answer, and for leave to serve an answer.

Appeal by defendant from a judgment of the- district court for Hennepin county, and from orders by Hooker, J., refusing a new trial and denying amotion in arrest of judgment. At the trial it appeared that after the making of the mortgage and before the date of the alteration which defendant was charged with making, the property covered by the mortgage as altered was sold by the mortgagor to one Woodward.

<p>Writ of error to the municipal court of Minneapolis.</p>

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

Appeal by plaintiff from an order of the district court for McLeod county, Edson, L, presiding, refusing a new trial of an action on a promissory note for $200.

Appeal by defendant from a judgment of the district court for Goodhue county, where the action was tried before McCluer, J., a verdict of $35 returned for plaintiff, and a new trial refused. The action was begun in justice’s court.

Appeal by defendant from an order of the district court for Stearnscounty, Searle, J., presiding, denying its motion to have the complaint made more definite and certain, in an action to recover $30,--000 for personal injuries.

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

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

Action brought in the district court for Anoka county, to recover $2,336.38, with interest from July 15, 1882. Trial before Robert D. Russell, Esq., as referee, who ordered judgment for plaintiff for $196.75. Plaintiff appeals from the judgment.

Appeal by defendants from an order of the district court for Sco'tt county, Edson, J., presiding, overruling their demurrer to the complaint. The action was brought to recover $287.81, on the agreement of defendants stated in the opinion.

Action brought in the district court for St. Louis county, to recover !$10,250 for personal injuries. Trial before Stearns, J., who ordered » dismissal at the close of plaintiff’s case. Appeal by plaintiff from an order refusing a new trial.

Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, setting aside a verdict of $2,500 in his favor, and granting a new trial.

Appeal by plaintiffs from an order of the district court for Washington county, McCluer, J., presiding, striking out “that portion of the complaint having reference to the lien claimed therein.”

<p>Case certified, after verdict of guilty, from the district court for Otter Tail county, Baxter, J., presiding.</p>

Action in the district court for Eamsey county, to recover $325 and interest, on an alleged agreement as to division of commissions which is stated in the opinion. - Defence, among others, a settlement and the delivery and acceptance of defendants’ due-bill for $100 in full of plaintiff’s claim.

<p>Chattel Mortgage — Replevin — Evidence. — Claim by defendant of the right of possession of personal property by virtue of a mortgage held unsustained, for lack of proof of the identity of the property mortgaged and the property in controversy.</p>

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

<p>Appeal by defendant from a judgment (of $1,005.46) of the district court for Hubbard county, Holland, J., presiding.</p>

Plaintiff brought tbis action in the district court for Hennepin county against defendant May I. Dayton and her husband, Lyman C. Dayton, (plaintiff’s son by a former husband, Lyman Dayton,) to avoid the deed • mentioned in the opinion. The defendants appeal from an order of Young, J., refusing a new trial.

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

Habeas corpus. The ordinance mentioned in the opinion is as follows: “Sec. 1.

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

Appeal by defendant from an order of the district court for Eamsey county, Kerr, J., presiding, refusing a new trial after verdict of $659.57 for plaintiff.

Appeal by defendant from an order of the district court for Hennepin county; Lochren, J., presiding, refusing a new trial after a trial by the court and judgment of $2,000 and interest ordered for plaintiff.

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

Appeal by defendant from an order of the district court for Stearns county, Searle, J., presiding, refusing a new trial after verdict of $2,000 for plaintiff.

Appeal by plaintiff from an order of the district court for Pope county, C. L. Brown, J., presiding, (acting for a judge of the 7th district,) granting a new trial.

Plaintiffs brought this action in a justice’s court for Clay county, and recovered a judgment of $139.39. An appeal, on questions of fact and law, to the district court for Clay county was tried by Mills, J., (a jury being waived,) who ordered judgment for defendant, which was entered, and the plaintiffs appealed.

<p>Criminal Trial — Refusal of Witness to Criminate Himself. — State v.Thaden, supra, p. 253, followed, as to right of a witness to refuse to testify on the ground that his testimony might criminate himself.</p> <p>Same — Cross-Examination by Party of his own Witness.— The court may, in its discretion, allow a party surprised by adverse or evasive testimony from his own witness to ask him whether he had not previously stated the facts contrary to his testimony, if the circumstances justify the belief that the witness is hostile and unwilling to tell the truth.</p> <p>Same — Evidence—Harmless Error. — The forinal receiving of newspapers in evidence, although unnecessary for the purposes of the case, held not to be prejudicial error, the same not having been read to the jury.</p> <p>Same — Variance as to Initial of Middle Mame. — The variance between an indictment and the proof, as to an initial standing for one of the Christian names of the person alleged to have been injured, Peter J. being used where it should have been Peter C., is immaterial.</p> <p>Same — Privileged Communication to Attorney. — Asking a'witness on cross-examination whether he had ever communicated to his attorney á fact to which he had testified, is not a violation of the rules as to privileged communications.</p> <p>Same — Impeachment of Witness by his own Letter__A letter which a witness had previously written to another, and which might fairly be construed as expressing a purpose to testify to a fabricated state of facts, held receivable in evidence for the purpose of impeaching the witness, after he had testified to such facts.</p> <p>Same — Motion to Strike Out held too Broad. — A motion to strike out all the testimony oí a witness, some of such testimony, at least, being not subject to the reason upon which the motion was based, held properly refused.</p> <p>Same — Forgery—Sufficiency of Evidence. — Evidence held sufficient to justify a conviction for forgery.</p> <p>Same — New Trial — Newly-Discovered Evidence. — On a trial for forgery, the state called as a witness the person whose name was alleged to have been forged. The defendant, by objections, opposed a full disclosure by the witness as to relevant facts bearing upon the question of the genuineness of his signature. The witness also claimed to be privileged from answering questions bearing upon that issue, which claim of privilege was in part allowed by-the court. After conviction a new trial was sought, principally on the ground that the defendant desired the testimony of that witness upon that point;’ it appearing, also, that the latter proposed to waive his privilege. Held, that the motion for a new trial was properly refused, both because of the defendant’s opposition to the testimony sought to be elicited from the witness on the trial, and because the court was justified, from the'nature of the witness’ testimony, in the conclu- ' sion that he was not an honest witness.</p>

Action brought in the district court for Blue Earth county, to recover damages for personal injuries. At the trial, before Severance, J., the plaintiff introduced evidence tending to prove the following state of facts: One of defendant’s regular way trains was a mixed train, and on October 16, 1886, this train was made up of 21 freight cars and a “combination” car, divided by a cross partition into two compartments, one for passengers and one for baggage.

Appeal by defendant Branhan (impleaded with August Sallberg and wife) from a judgment of the district court for Meeker county ^ where the action was tried by C. L. Brown, J., acting for the judge of the 12th district.

Plaintiff built an addition to a house of defendant’s daughter-in-law, Mrs. Timothy McCarthy, on her land, and brought this action in the district court for Stearns county, to recover $450, the value of his labor and material, on the ground that the contract therefor was made by defendant, by Mrs. Timothy McCarthy as his agent.

Appeal by defendant from an order of the district court for Stevens county, G. L. Brown, J., presiding, refusing a new trial after a verdict of $3,000 for plaintiff, in an action for the negligent killing of her intestate, a child of six years. '

Action brought in the district court for Clay county, to recover $99.56 and interest. After servive of the answer, (the substance of which is stated in the opinion,) the plaintiffs obtained an order to show cause why they should not be allowed to file security for costs nunc pro tunc, and why they should not thereupon have judgment on the pleadings.

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

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

Action for personal injuries received in the territory of Dakota. The defendant appeals from an order of the district court for Lyon county, Webber, J., presiding, refusing a new trial after verdict of $1,500 for plaintiff.

Appeal by pláintiff from an order of the district court for Hennepin county, Young, J., presiding, (before whom the case was tried without a jury,) vacating and setting aside the findings of fact, con- ' elusions of law, and judgment, and substituting new findings and conclusions and a new order for judgment.

Action brought in the district court for Steele county, to recover damages for the taking and conversion of certain horses, cattle, and farm machines. Trial, before Buchham, J., and verdict of $5,015.80 for plaintiff. The defendants appeal from an order refusing a new trial.

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

Action brought in the district court for Hennepin county, to recover $2,-700 damages for alleged fraud in the sale of logs. Trial before Young, J., who ordered a dismissal at the close of plaintiffs’ case. The plaintiffs appeal from an order refusing a new trial.

Appeal by defendant, from an order of the district court for Big Stone county, G. L. Brown, J., presiding, refusing a new trial after verdict of $275 for plaintiff.

Appeal by the relator from an order of the district court for Scott county, Edson, J., presiding, quashing an alternative writ of mandamus.

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

Appeal by the respondent below from an order of the district court for Crow Wing county, Holland, J., presiding, directing the issuance of a peremptory writ of mandamus.

Appeal by defendant from an order of the district court for Mower county, Farmer, J., presiding, refusing a new trial after verdict of $96 for plaintiff.

Appeal by defendant, .sheriff of Hennepin county, from an order* of the district court for that county, refusing a new trial after a. trial before Hicks, J., and verdict for plaintiff for possession of the-property, or for $975, its value, and for $45,62 damages for detention.

Action brought in the district court for Traverse county, to recover possession of 1,000 bushels of wheat, raised by one Prescott on a farm cultivated by him, and claimed by the defendant Roberts by virtue of a chattel mortgage made to her by him.

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

Plaintiffs, heirs-afc-law of Arthur B. Morris, of New York, who died in that city August 11, 1869, brought this action in the district court for Hennepin county, to determine the defendant’s adverse claim to lot 2, in block 45, of Baker’s fourth addition to Minneapolis, being vacant and unoccupied land.

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

. Action brought in the district court for Freeborn- county, to recover damages for the destruction of plaintiff’s growing trees by a fire negligently kindled by defendant on his own adjoining land. At the trial before Farmer, J., it appeared that the fire was set by defendant’s son, and the plaintiff had a verdict of $200. The defendant appeals from an order refusing a new trial.

Appeal by defendant from an order of the district court for Hennepin county, refusing a new trial after a trial by Lochren, J., and judgment for $500 and interest ordered for plaintiff.

Appeal by plaintiffs from an order of the district court for Hennepin county, Hooker, J., presiding, refusing a new trial after a trial before Arthur J. Shores, Esq., as referee, and judgment ordered for defendants.

Action brought in the district court for Scott county, to recover $1,000 damages for trespasses on land of plaintiff. Defence, title in defendant under the conveyance mentioned in the opinion. A jury was waived and the action tried by Edson, J., upon whose decision a judgment was entered for defendant, from which the plaintiff appeals.

Appeal by defendant from an order of the district court for Clay county, refusing a new trial after a trial before Mills, J., and verdict of $3,876.15 for plaintiff.

Defendant was tried and convicted in the municipal court of Minneapolis on a complaint for selling one case of beer, containing 24 pints, without first having obtained a license therefor, and in violation of the ordinance mentioned in the opinion. He appeals from the judgment.

Appeal by defendant from an order of the district court for Book county, Perkins, J., presiding, refusing a'new trial after verdict of $360 for plaintiff.

Appeal by defendant from a judgment of the district court for Hennepin county, where he was tried before Hooker, J., and a jury-on an indictment for grand larceny.

Appeal by plaintiff from a judgment of the district court for Stearns county, where the action (brought to recover $618 damages for injuries to plaintiff’s dam) was-tried by Baxter, J., a jury being waived.

Action to recover $130.52, brought in the district court for Faribault county, and tried without, a jury by Severance, J. Judgment was ordered for defendant, who appeals from an order granting a new trial.

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

Appeal by the insolvents from an order of the district court for Hennepin county, Lochren, J., presiding, directing a distribution of the estate among the creditors without the filing of releases.

Action brought in the district court for Carver county, by plaintiff, a judgment creditor of Samuel Moy, to set aside as fraudulent a conveyance from that defendant to the defendant Fritz Moy. At the trial, before Edson, J., a dismissal was ordered at the close of plaintiff’s case. A_ new trial was refused, and the plaintiff appealed.

Action'for partition, brought in the district court for Bamsey county.- The land in question was conveyed in fee, on September 15,1875, to “Alexander Wilson and Eleanor Wilson, husband and wife,” to have and to hold “unto the said parties of the second part, their heirs and assigns forever.” Alexander died November 27,1887, intestate. Eleanor died August 10, 1888, testate.

Appeal by plaintiff from the order of the district court for Crow Wing county, Ensign, J., presiding, (acting for the judge of the 15th district,) which is mentioned in the opinion.

Appeal by plaintiffs from a judgment of the district court for Fillmore county, where the action was tried by Farmer, J.

Appeal by plaintiff -(a corporation) from an order of the district court for Polk county, Mills, J., presiding, refusing a new trial.

<p>Change of County-Seat — Petition — Determination of County Board as to Signatures. — Where the board of county commissioners, in accordance with the provisions of Laws 1889, c. 174, inquire into and determine what, if any, signatures to a petition for the removal of a county-seat should be deducted therefrom, and file their certificate thereof,'and, according to such certificate, there still remain on the petition sufficient names to authorize the ordering of an election, it becomes the duty of the county auditor to make such order; and the election held in pursuance thereof will not be void because of any error or mistake of the board in determining, upon the evidence before them, what signatures were improperly on the petition.</p> <p>Same — Effect of Determination. — The determination of the board in that regard, at least in the absence of fraud, is conclusive.</p>

Appeal by defendant from an order of the district court for St. Louis county, refusing a new trial after a trial before Stearns, J., and verdict of $4,040 for plaintiff.

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

Appeal by plaintiff from an order of the district court for Grant county, refusing a new trial after a trial before Holland, J., and a dismissal ordered at the close of the evidence.

Appeal by defendant from an order of the district court for Jackson county, refusing a new trial after verdict of $90 for plaintiff.

Action brought in the district court for Jackson county, to recover possession of certain described cattle of the value of $230, claimed by plaintiff as purchaser at sales on two chattel mortgages executed to him by defendant. Defence, usury in one of the mortgages, and tender, before sale, of the amount due on both' mortgages.

Appeal by plaintiff from an order of the. district court for Hennepin county, refusing a new trial after a trial by Young, J., without a jury. At the trial-, the record of the former action in the same court (which is mentioned in the opinion) was in evidence.

Mandamus, brought in the district court for Polk county, by the .relator, treasurer of school-district No. 3, in that county, to compel the respondent, treasurer of the city of Bast Grand Forks, to pay over to him the sum of $3,710, received by respondent, as such city treasurer, in payment for licenses for the sale of intoxicating liquors in the city. The relator appeals from an order of Mills, J., quashing the writ.

Action to enforce a mechanic’s lien for $410 and interest. Plaintiffs appeal from an order of the district court, for Hennepin county, refusing a new trial after a trial by Hicks, J., anda dismissal ordered at the close of plaintiffs’ case.

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

Action brought in the district court for Ramsey county, to recover $375 for services under an employment to procure a real-estate-mortgage loan. At the trial, before Kelly, J., at the close of the evidence, each party moved that a verdict be directed in his favor. A verdict was directed for defendants, a new trial was refused, and the plaintiff appealed.

Appeal by plaintiff from a judgment rendered on the merits, in'an action to enforce a mechanic’s lien for $217.35 and interest; brought in the district court for Hennepin county against the above-named defendant and J. J. Evans, and tried by Rea, J.

Appeal by defendant from an order of the district court for Jackson county, Perkins, J., presiding, refusing a new trial after verdict of $3,500 for plaintiff.

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

Appeal by plaintiff from an order of the district court for Ramsey county refusing a new trial after a trial before Kerr, J., and a dismissal ordered.

Appeal by defendant from a judgment of the district court for Hennepin county,' allowing plaintiffs’ claim of $146,333 against the insolvent estate of his assignors.

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

Action brought in the district court for Clay county, to recover $11,000 damages for breach of a covenant against incumbrances. ■Trial before Mills, J., and verdict for defendants. Appeal by plaintiff from an order refusing a new trial.

Appeal by plaintiffs from an order of the district court for Freeborn county, Farmer, J., presiding, sustaining the demurrer of the defendants Hintz, Peters, and Steep.

Appeal by defendant from a judgment of the district court for Hennepin county, where the action was tried by Rea, J., certain issues being submitted to a jury.

Plaintiff and defendant entered into a written contract for the sale, by the former to the latter, of 400 acres of land at the price of $6,725. The agreement • contained this provision: “Transfer shall be made, if title shall be found to be good, on the 11th day of June, 1888. If title is not good and cannot be made good within 11 days, then this shall be void.

Appeal by defendant, receiver of the Holland & Thompson Mfg. Co., from an order of the district court for Dakota county, Crosby, J., presiding, refusing a new trial.

Appeal by plaintiff from an order of the district- court for St. Louis county, Stearns, J., presiding, refusing a new trial. The action was brought to recover $5,000. damages for personal injuries.

Defendant was tried and convicted in the district court for Becker county, before Mills, J., on an indictment for seduction under promise of marriage, and was sentenced to pay a fine of $700, and, in default of payment, to be imprisoned at hard labor in the state prison until the fine should be paid, not exceeding 12 months. He appeals from the judgment and from an order refusing a new trial.

Ejectment for lands in Mille Lacs county, brought in the district court for that county, and tried by Searle, J., (a jury being waived,) who found that on May 27, 1884, the plaintiffs were owners in fee, and on that day paid to the county treasurer the taxes for 1883, being all the taxes then unpaid, and took his official receipt therefor.

Action against a former treasurer of plaintiff and the sureties on his bond, to recover a balance of $64.46, alleged to be still in the treasurer’s hands, with interest. Defence, payment of $41.40 on a judgment against plaintiff, and tender of $23.06 to plaintiff. At the trial in the district court for Le Sueur county, before Edson, J., the plaintiff had a verdict for the full amount claimed by it. The defendants appeal from an order refusing a new trial.

Action brought in the district court for Ramsey county, to recover $10,000 damages on the cause of action stated in the opinion. The action having been brought on for trial before Wilkin, J., the court, on defendant’s motion, ordered judgment in its favor on the pleadings. The plaintiff appeals from an order refusing a new trial.

<p>Removal of County-Seat — Contest—Procedure The statute (Gen. St. 1878, o. 1, § 55) has provided a summary and adequate mode of procedure for contesting the validity and regularity of the proceedings instituted and carried on for the removal of county-seats.</p> <p>Same — Proceeding under Void Act — Injunction.—But an action for a permanent injunction restraining the removal of the county offices, and the erection of public buildings, may be maintained by citizens and taxpayers where there is an entire absence of legal authority to initiate the proceedings for the removal of a county-seat, as where they are taken under an unconstitutional law.</p> <p>Same — Act Held Valid. — Laws 1889, o. 174, held constitutional.</p> <p>Same — Injunction Properly Dissolved. — The dissolution of the temporary injunction issued in this action held sustained by the evidence before the trial court.</p>

Appeal by plaintiff from an order of the district court for Hennepin county, Hicks, J., presiding, refusing a new trial, the action (brought to recover $é,850) having been dismissed at the trial at the close of the evidence for plaintiff.

Appeal by defendant from an order of the municipal court of St. Paul, refusing a new trial after trial by the court and judgment of $171.48 ordered for plaintiff.

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

Appeal by plaintiff from an order of the district court for McLeod county, Edson, J., presiding, sustaining a demurrer to a complaint which stated the facts in substance as follows: On and long prior to December 20, 1875, one E. O. Huntington was owner in fee of certain described land in McLeod county, and on that day executed to one Gifford a. mortgage thereon, with power of sale, which was duly recorded, and continued to be until satisfied by plaintiff a valid lien on the…

Appeal by defendant from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial after verdict of $154.97 for plaintiff.

Plaintiff brought this action in the district court for Douglas county,, to compel a conveyance by defendants of certain described lands int that county, upon payment by plaintiff of the amount paid by defendant Mary on the contract for-purchase mentioned in the opinion,, and the amount of the taxes paid by her, with interest at the rate-provided in the contract, the complaint alleging tender of such amounts and continued readiness to pay.

Action brought in the district court for Eock county, for the cancellation of a mortgage for $800 of land of the plaintiff Nellie, executed by both plaintiffs to the defendant. Trial by Perkins, J., and judgment ordered and entered for defendant, from which the plaintiffs appeal.

Appeal by defendant from an order of the district court for Anoka county, Smith, J., presiding, refusing a new trial after verdict of $471 for plaintiff.

The plaintiff having appealed to the district court for Hennepin county from the disallowance, by the probate court, of a claim presented by him against the estate of defendant’s testator, the action was tried before Young, J., who directed a verdict of $1,250, with interest at 7 per cent, from August 1, 1884, for plaintiff. The defendant appeals from an order refusing a new trial.

<p>Highway — Appeal from Justice — Waiver of Defect in Bond. — Upon an appeal to a justice of the peace under Gen. St. 1878, o. 13, § 60, in proceedings for laying out a highway by supervisors of a town, the supervisors, by consenting to a continuance before making any objection to the bond filed pursuant to that section, waive any defects in it.</p> <p>Highway Laid across Railway — Compensation—Benefits.—In assessing damages to a railroad company for laying out a highway across its track, benefits by increase in its traffic or business, arising from the increased facility for travel which the highway affords, are not to be taken into account.</p> <p>Same — What Damages Allowable. — State v. District Court, 42 Minn. 247, followed as to what damages may be allowed a railroad company for laying out a highway across its track.</p> <p>Same — Railway Company to Construct Crossings — Act Held Valid.— Laws 1887, c. 15, and Laws 1889, c. 222, requiring railroad companies to construct crossings wherever highways intersect their tracks, are not, as to highways laid out after their passage, unconstitutional because they make no provision for compensation; for such provision is made by the statute regulating the laying-out of highways.</p>

Appeal by defendant L. C. Porter from an order of the district court for Winona county, Start, J., presiding, granting a petition for the appointment of commissioners in a condemnation proceeding.

' Action brought in the district court for Otter Tail county, to recover. $15,200 damages for personal injuries, the case made by the complaint being as follows: On December 1, 1888, the plaintiff was in defendant’s service, his duty being to operate- a machine (fully- described). known as a straw-cutter.

Appeal by tbe above-named receiver from an.order of the district court for Hennepin county, Rea, J., presiding, which is stated in the opinion.

Action to recover $1,385, brought in the district court for Hennepin county, and tried before Young, J., who ordered a dismissal at the close of the evidence for plaintiff. A new trial was refused, and plaintiff appealed.

<p>Replevin for Deed — Jurisdiction of Municipal Court. — An action in replevin for the possession of a deed conveying real estate, brought by the grantee, where the fact of the deed having been delivered by the grantor is in controversy, involves the title to real estate, and cannot be tried by the municipal court of St. Paul.</p> <p>Same — Where Delivery is Disputed. — An action of replevin will lie, in a court of competent jurisdiction, to recover such a deed, although the fact of its delivery be in controversy.</p>

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

On December 12, 1888, plaintiff and others executed a written instrument agreeing to pay defendants “$100 for each share of stock set opposite our respective names in the Cleveland Bay Horse Company, which is now being formed at Heron Lake to buy the imported stallion Topthorne at $1,800,” of the defendants, “payments to be made by two joint notes of equal amounts due in one and two years from February, 1889, ” with interest. Plaintiff subscribed for two shares.

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

Action to foreclose a mortgage, brought in the district court for Hennepin county against Cora B. Mattison and husband, the mortgagors, and Peter T. Waters, and tried by Rea, J., who ordered judgment. for defendants, which was entered, and the plaintiff appealed.