Volume 44 — Minnesota Reports

Plaintiff, as receiver in insolvency of Peter J. Richwine, brought this action in the district court for Ramsey county, to avoid, as unlawful preferences, certain payments made by the insolvent to the defendants; At the trial, before Kerr, J., it appeared that the first-payment (of $2,825.81) was made January 19, 1889, and the second (of $2,406.82) on March 15, 18S9; that on April 19, Í889, a petition for the appointment of a receiver was filed, and on April 27,. 1889, the…

Plaintiff, as administrator of William Ferguson, brought this action in the district court for Hennepin county, to recover damages for alleged negligence of defendant resulting in the death of his intestate. At the trial before Smith, J., the plaintiff had a verdict of $3,500. The defendant appeals from an order refusiug a new trial.

Action brought in .the district court for Rice county, to recover .$704.78, taxes paid by plaintiff and alleged to have been illegally assessed.' Trial by Buekham, J., (a jury being waived,) and judgment •ordered and entered for defendant, from which the plaintiff appeals.

Appeal by plaintiff from an order of the district court for Washington county, McCluer, J., presiding, sustaining a demurrer to the complaint. The action was for $520 damages for breach of the contract stated in the opinion.

Appeal by plaintiff from an order of the district court for Hennepin, county, Young, J., presiding, setting aside a verdict in his favor of $4,000, and granting a new trial.

<p>Appeal by defendant from a judgment (of $399.75) of the municipal court of St. Paul.</p>

Appeal by defendant from an order of the district court for Winona county, Start, J., presiding, refusing anew trial after verdict of $150 for plaintiffs.

Action on a bond against mechanics’ liens, brought in the district court for Bamsey county, and tried by Otis, J., (a jury being waived,) upon whose findings a judgment for $1,072.03 was entered for plaintiffs, from which the .sureties in the bond appeal.

• Action brought in the district court for Hennepin county, to recover $5,000 damages on the cause of action stated in the opinion. Appeal by defendant from an order by Rea, J., overruling his demurrer to the complaint.

Appeal by defendant from an order of the district court for Hen-nepin county, Hooker, J., presiding, refusing a new trial after verdict of $2,169.33 for plaintiff.

<p>Appeal by defendants from an order of the district court for Bam-sey county, Otis, J., presiding, refusing a new trial.</p>

In each of these cases the plaintiff appeals from an order of the district court for Hennepin county, sustaining a demurrer to the amended complaint.

Appeal by plaintiff from a judgnient of the district court for Ramsey county, where the action was tried by Otis, J., a jury being waived.

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

Action brought in the district court for Hennepin county, to determine the adverse claims of the defendants to lot 9, in block 8, in Lennon & Newell’s addition to St. Anthony. At the trial before Rea, J., the plaintiff relied on a title, through mesne conveyances, from the patentee of the United States; the defendant Blatz on the tax-title stated in the opinion, and on deeds from Clapp and Haskins (plaintiff’s remote grantors) to H. T. Welles, and from Welles to himself.

Appeal by plaintiff from orders of the district court for Hennepin county, Rea, J., presiding, overruling his demurrers (1) to the answer, and (2) to a complaint in intervention.

Action brought in the district court for Bamsey county, on a promissory note for $5,000, against maker and indorsers, the former alone defending. At the trial before Kelly, J., upon the close of the evidence, each party, asked that a verdict be directed in its favor. The defendant’s motion was granted, and the plaintiff appeals from an order refusing a new trial.

Action brought in the district court for Brown county, by defendant, as sheriff of the county, to recover $141.55 for services in unsuccessfully attempting to execute warrants for collection of personal taxes. Appeal by defendant from an order by Webber, J., overruling its demurrer to the complaint.

Appeal by defendants from an order of the district court for Hen-nepin county, Smith, J., presiding, overruling their demurrer to- the complaint.

Evidence held to justify the findings of fact. Plaintiff, as administrator of the estate of Frederick Albrecht, deceased, brought this action in th¿ district court for Washington county, to set aside a conveyance of real estate made by his intestate to his son, the defendant Frederick Albrecht, and a satisfaction, by th¿ intestate, of a note and mortgage executed by defendant Frederick.

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

<p>Writ of prohibition, directed to respondent as judge of the district court for Hennepin county.</p>

Appeal by defendants from an order of the district court for Bam-sey county, refusing a new trial after trial by Otis, J., and judgment ordered for plaintiffs.

Appeal by defendants from an order of the district court for Dakota county, refusing a new trial after a trial before Crosby, J., and verdict of $111.77 for plaintiff.

Appeal by defendants from a judgment of the district court for Washington county, where the action was tried by McGluer, J., a jury being waived.

Action brought in the district court for Hennepin county, to recover $1,100 for advertising defendant’s railway in plaintiff’s newspaper, (the Daily Graphic, an illustrated newspaper published in, New York,) and furnishing defendant with 30,000 copies of the paper, pursuant to the contracts mentioned in the opinion, by the terms-of which the defendant was “to furnish the necessary matter for publication, photographs and drawings for the display.” At the trial,, before…

Action on two promissory notes, one for $8,000, bearing date September 10, 1887, and one for $5,000, bearing date December 10,1887, both payable to plaintiff, and signed “Farnham & Lovejoy,” the name of a firm composed of defendant Farnham and one James A. Love-joy, and dissolved by the latter’s death on January 29, 1886.

Appeal by defendant Henry H. Collins, impleaded with Emilie-Anderson and others, from an order of the district court for Henne-pin county, Young and Smith, JJ., presiding, refusing to set aside, a» to him, a judgment by default in an action to enforce a mechanic’s lien.

Action for breach of a written contract, made October 11, 1888, by which the plaintiffs agreed to do the press-work for, and to fold and paste, a semi-monthly publication of the defendant, for the period of two years; the defendant agreeing to continue the publication during that period, to publish at least 50,000 copies of each issue, to deliver at times specified the material for each issue, and to pay plaintiffs $2.20 for each thousand copies printed and delivered by them.

By marriage settlement the plaintiff’s deceased husband, Charles H. Sherman, conveyed the north two-thirds of lots 7 and 8, block 9, St. Paul proper, in trust for the benefit of plaintiff, providing that in case of dissolution of the marriage by his death the whole net income of the property should be paid to plaintiff during her natural life, with remainder to the heirs and devisees of Charles H., as he might thereafter by any instrument provide.

Action brought in the district court for Kamsey county, to enforce a lien for material furnished defendant Meckelson for use and used in the construction of a row of houses which he was building for defendant Stout, the owner of the property, under a contract with him. The defendants Stout and Clark, separately answering, pleaded a former judgment in their favor, a copy of the judgment-roll in the former action being annexed to their answers.

Appeal by plaintiffs, partners as Geo. A. Clark & Bro., from an order of the district'court for Hennepin county, Lochren, J., presiding, refusing a new trial of their appeal from the assignee’s disallowance of a claim presented by them against the insolvent estate of Shotwell, Clerihew & Lothman.

Appeal by petitioner from an order of the district court for Henne-pin county, Young, J., presiding, refusing to direct the receiver of the Minneapolis. & St. Louis Railway .to pay petitioner for a locomotive sold the company.

Appeal by defendant from an order of the district court for Hen-nepin county, Lochren, J., presiding, refusing a new trial after verdict of $Í40 for plaintiff.

Appeal by plaintiff from a judgment of the district court for Hen-nepin county, where the action (brought to annul the marriage of the parties) was tried .by Lochren, J. The defendant was served by publication, etc., and did not appear in the action.

Appeal by plaintiff from an order of the district court for Henne-pin county, Young, J., presiding, sustaining a demurrer to the amended complaint. The action was brought in August, 1889.

Action to recover $2,000 for personal injuries, brought in the district court for Mower county, and tried before Farmer, J., who ordered a dismissal at the close of plaintiff’s'case. The defendant appeals from an order granting a new trial. It appeared from the evidence that the defendant’s truck by which plaintiff was injured was, at the time of the injury, making a transfer of goods between trains on opposite sides of the railway platform at the station.

This action coming on for trial in the district court for Hennepin county, before Rea, J., the defendants moved for judgment on the pleadings. The motion was granted, judgment was entered, and the plaintiff appealed.

<p>Trial by Court — Findings__A finding by the court that the allegations of the complaint are not established by the evidence is equivalent to a general finding that the facts are not as alleged.</p> <p>Same — Death of Judge — Subsequent Motion for Mew Trial. — After a cause had been tried and decided by the court, the trial judge died. Upon a case made, a motion for a new trial was made before another judge, requiring a review and consideration of the testimony, which had been of a contradictory nature. Held that, in determining such motion, consideration should be given to the superior advantages of the trial judge for testing the credibility of witnesses.</p> <p>Divorce — Habitual Drunkenness. — Habitual drunkenness, as aground for divorce, must be shown to have been indulged in for one year “immediately preceding the filing of the complaint.”</p> <p>Same — Evidence.—Findings of the court held justified by the evidence.</p>

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

Appeal by defendant from an order of the district court for Mower county, Farmer, J., presiding, refusing a new trial after a verdict of $300 for plaintiff.

<p>Appeal by defendants from an order of the district court for Washington county, McGluer, J., presiding, appointing a receiver.</p>

, Action brought in .the district court for Hennepin county, to vacate proceedings for laying out a street or road known as Como Avenue across the plaintiff’s roadway, and to enjoin the use of the same by defendant as a public highway. Appeal by plaintiff from an order refusing a new trial, after a trial before Hicks, J., and judgment directed for defendant.

Action brought in the district court for Dodge county, by tbe receiver in insolvency of Fred George and James Derby, to recover possession of certain personal property, claimed by defendant by virtue of the sale and chattel mortgage mentioned in the opinion.

Appeal by plaintiff from a judgment of the district court for Hen-nepin county, where the action was tried by Hooker, J., (a jury being waived,) and a dismissal ordered at the close of the evidence for plaintiff.

On June 4, 1889, the plaintiff recovered and docketed, in the district court for Hennepin county, a judgment for $24,626.67, against the defendant Sumner W. Farnham. Execution was issued and returned wholly unsatisfied, and the plaintiff thereupon brought this action in the same court against the judgment debtor and his wife, the defendant Eunice E. Farnham, to declare and enforce a trust as stated in the opinion.

Appeal' by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial after verdict of $2,000, in an action for personal injuries occasioned by a defect in a plank walk over a sewer in defendant’s station grounds at Austin. ,

Appeal by defendant Homan (impleaded with Ellis J. Woolf) from an order of the district court for Hennepin county, refusing a new trial after a trial by Hooker, J., (a jury being waived,) and judgment for $850 ordered for plaintiff.

<p>Fraudulent Conveyance — Husband and Wife. — Evidence considered, and held sufficient to sustain the finding of fact that conveyances, vesting in a wife title to real estate previously belonging to her husband, were made in good faith, and without intent to defraud his creditors.</p>

Action brought in the district court for Sibley county, to recover $50 damages for trespass by defendant on a strip of land alleged to be part of plaintiffs farm, and to adjoin the dividing line between it and the farm of defendant — the main controversy being as to the true location of the division line. At the trial, before Edson, J., the plaintiff had a verdict. The defendant appeals from an order refusing a-new trial.

Action brought in the district court for Hennepin county*to determine defendant’s adverse claim of title, under tax sales and certificates, to “lot 1, in block 3, in the town of St. Anthony, according to the plat thereof on file and of record in the office of the register of deeds in and for said Hennepin county.” The action was tried by Hicks, J., who ordered judgment for defendant, which was entered, and the plaintiffs appealed.

Appeal by plaintiff from an order of the district court for Henne-pin county, Lochren, J., presiding, refusing a new trial of his appeal from the assignee’s disallowance of the claim filed by him against the estate of Shotwell, Clerihew & Lothman, insolvent debtors. •

Appeal by the defendant corporation (impleaded with George W. Hicks and Lizzie M. Hicks, his wife, who appeared and answered) from a judgment of the district court for Ramsey county, where the action was tried by Otis, J.

Action brought in the district court for St. Louis county, to recover $2,300 for injuries to plaintiff’s lot resulting from a change of grade of the street in front of it. At the trial, before Stearns, J., a dismissal was ordered at the close of the evidence for plaintiff. A new trial was refused, and the plaintiff appealed.

Action brought in the district court for Jackson county, to recover ■damages for fatal injuries to a stallion carried by defendant. At the trial, before Perkins, J., the plaintiff had a verdict of $250. The defendant appeals from an order refusing a new trial.

Appeal by the railway company from an order of the district court for Winona county, Start, J., presiding, refusing a new trial after verdict of $100 for the land-owner, on the trial of an appeal from the commissioners’ award in condemnation proceedings.

Action to determine adverse claims, brought in the district court for Hennepin county. After the' decision of a former appeal, (40 Minn. 485,) reversing a judgment for plaintiff on the pleadings, the action was tried by Rea, J., who ordered judgment for defendant. The plaintiff appeals from an order refusing a new trial.

Appeal by defendants from an order of the district court for Pipe-stone county, Perkins, J., presiding, refusing a new trial after verdict of $274.55 for plaintiffs.

Action to determine defendant’s adverse claim to “lot 5, in block 45, in St. Anthony City, within the present limits of the city of Minneapolis, in the county of Hennepin and state of Minnesota, according to the plat,” etc., brought in the district court for Hennepin county. The defendant relied on a tax title based on the proceedings mentioned in the opinion. Defendant appeals from a judgment entered on the decision of Hicks, J., before whom the case was tried.

Appeal by defendant from.an order of the district cdurt for Waseca county, Buckham, J., presiding, refusing a new trial after verdict of $400 for plaintiff.

Appeal by defendant from an order of the district, court for Henne-pin county, refusing a new trial after, a trial before Young,• J., and verdict of $2,438.47 directed for-plaintiff.

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

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

These four actions were brought in the district court for Henne-pin county. The two first were tried together by Lochren, J., upon whose decision judgment was entered for plaintiff for $1,051 in the first case and for $1,318.53 in the second case, from which judgments’ the defendants respectively appeal. The two last cases were tried together before Hooker, J., and verdicts of $1,050.10 and $1,-345.01 directed for tbe respective plaintiffs.

Action for assault and battery, brought in the district court for McLeod county against defendants John and Joseph Westrup, Stephen and Conrad Fink, Frank .Klaus, and Joseph Otto.

Action brought in the district court for Eamsey county, to recover $2,500, paid by plaintiff on account of purchase-money on a contract for sale of real estate, the ground for recovery being that the defendants’ agent, in making the sale, showed plaintiff as the lot to be sold, a lot belonging to another person, and of much greater value than ■defendants’ lot. The agreement for sale was made July 21, 1887, and October 24th the defendants tendered a conveyance.

Action brought in the district court for McLeod county, the complaint alleging the following facts: On April 7, 1883, the defendant undertook to procure for plaintiff a homestead entry on certain described lands in- McLeod county, agreeing to accept in full payment for his services the plaintiff’s note for $100, bearing date April 7, 1883, payable to defendant’s order one year after date, with interest at 10 per cent, per annum.

<p>Certiorari — Local Assessments. — A writ of certiorari will not lie before the entry of judgment, to review proceedings in district court in the matter of special assessments against real property alleged to have been benefited by the improvement of a street.</p> <p>St. Paul — Street Grades. — Obiter dictum. The grade lines of the streets o£ the city of St. Paul must be established as provided in section 1, tit. 8, a. 7, of the charter, before the city council has power to make an order for the grading thereof, under the provisions of sections 2, 7, tit. 1, c. 7.</p>

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

Action brought in the district court for Ramsey county, by vendor against purchaser, for specific performance. At the trial before Otis, J., when plaintiff rested, the defendant offered no evidence, the case was submitted, and the defendant moved for judgment on the pleadings and proofs. The court thereupon ordered judgment for defendant on the merits, the plaintiff excepting. Judgment was entered pursuant to the order, and the plaintiff appealed.

Appeal by defendants from a judgment of $1,180.77, entered in the district court for Eamsey county, pursuant to the decision and order of Vilas, J., before whom the action was tried without a jury.

Appeal by defendant from an order of the district court for Ramsey county, Brill, J., presiding, overruling bis demurrer to the amended complaint.

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

Action brought in the municipal court of St. Paul, to recover ¡$250 for goods sold and delivered.

Action brought in the district court for Hennepin county against defendant, as receiver of the Minneapolis & St. Louis Bailway, to recover $320, the value of a horse which went upon the railway track at a point where it was not fenced, and was killed. Plaintiff appeals from an order by Young, J., refusing a new trial after a dismissal ordered at the trial.

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

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

Appeal by defendants from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial after a verdict of $4,500 for plaintiff.

After the decision of a former appeal (39 Minn. 378) from an or-¿ler overruling tbe separate demurrer of defendant Johnson, (im-pleaded with Seth Trowbridge and wife and others,.) Johnson answered the complaint; and the action was tried in the district court .for Wa-tonwan county, before Severance, J., who found the amount due on plaintiff’s mortgage to be $6,229, and ordered judgment for a sale of the premises to satisfy the mortgage debt, and barring all right of…

Action to determine defendant’s adverse claim to vacant land in Minneapolis, brought in the district court for Hennepin county, and • tried by Hooker, J., who ordered judgment for defendant. The plaintiff appeals from an order refusing a new trial.

Certiorari, the writ being issued on the application of .William J. Godfrey, to review a judgment of the district court for Bamsey county, Kerr, J., presiding.

Appeal by plaintiff from an order of the district court of McLeod county, Edson, J., presiding, granting a new trial, after trial by a referee, and judgment of $156.08 ordered for plaintiff. The action was brought to recover the amount for which one Dewees, to whom the plaintiff’s note, mentioned in tbe receipt recited in’ the opinion, had been indorsed by defendant before maturity, had recovered judgment in a suit on the note.-

<p>"'Certiorari, to review a judgment of the district court for Kamsey county, Kerr, J., presiding.</p>

Appeal by defendant from an order of. the district court for Freeborn county, Farmer, J., presiding, refusing a new trial after verdict of $704.50 for plaintiff.

Action brought in the district court for Hennepin county against the defendants. Washburn and t.he Minneapolis, Sault Ste. Marie & Atlantic Ey. Co., to .compel a reconveyance by the former of the land mentioned in the opinion. Trial before Lochren, Hicks, and Ecu, JJ., and judgment ordered and entered for defendants, from which the plaintiffs appeal.

Appeal by plaintiff from an order of the municipal court of St. Paul, refusing a new trial after a dismissal ordered at the trial. The action was to recover a balance of $122 for goods sold and delivered.

Appeal by the receiver of Brown, Bonnell & Co., creditors of the Northwestern Manufacturing & Car Co., from an order of the district court for Washington county, McClver, J., presiding, refusing to vacate or modify former orders in an action brought in the same court, under Gen. St. 1878, c. 76, by E. L. Hospes and others, judgment creditors of the corporation, for the purpose of winding up its affairs. The nature of these orders is stated in the opinion.

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

On December 1,1887, the Board of Railroad and Warehouse Commissioners sent to the general managers of the railroad companies doing business in the state a circular letter, as follows: “It has been observed in travelling upon sleeping-cars used on the railways in the state that whenever the lower berth is occupied the upper berth is almost invariably opened, the bottom piece let down, and as long as the lower berth is occupied is fastened down, although the upper berth is not…

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

After the decision of the former appeal in this action, (38 Minn-410,) the issue of title was retried before McCluer, J., the parties» ¡stipulating that the special findings made by the jury on the former •trial on the other issues should stand as if made on the new trial. The defendants appeal from an order refusing'a new trial after judg■ment ordered for plaintiff for $1,089.20.

Action brought in the district court for Washington county, and tried by McCluer, J., (a jury being waived,) who ordered judgment for plaintiffs for the return of the logs in dispute or their value with interest, amounting to $22,601.63. The defendant and intervenor ■appeal from the judgment.

Appeal by plaintiffs from an order of the district court for St. Loui® county, Ensign, J., presiding, sustaining a demurrer to their complainfc in an action to set aside a sale on foreclosure by advertisement mada-April 15,1877, to the mortgagee, and for leave to redeem. The plaintiffs are the widow and children of the mortgagor, who died intestate-August 9, 1881. The action was brought in December, 1889.

Appeal by the defendants, William A. Godwin and Charles A. Wright, from an order of the district court for Hennepin county, Hooker, J., presiding, refusing a new trial.

Appeal by plaintiff from an order of the district court for Washington county, McCluer, J., presiding, sustaining the separate demurrers of the defendants Edward W. Durant, Roscoe F. Hersey, Joseph C. O’Gorman, as receiver of Seymour, Sabin & Co., (a corporation,) Ernest L. Hospes, Isaac Staples, and the Union Depot, Street Railway & Transfer Co., to the plaintiff’s complaint.

Appeal by plaintiff from an order of the district court for Yellow Medicine county, Baxter, L, presiding, refusing a new trial.

Plaintiff brought this action in the district court for Washington county, to restrain the defendant from entering upon her land in the city of Stillwater, to carry out the street improvement described in the opinion. The defendant appeals from the judgment entered on the report of Homer G. Eller, Esq., referee, before whom the action was tried.

Appeal by plaintiff from an order of the district court for Todd county, Searle, J., presiding, sustaining a demurrer to the complaint in an action -to recover $277.56 on the cause of action mentioned in the opinion.

Appeal by defendant from an order of the district court for Ramsey county, Kerr, J., presiding, refusing a new trial after verdict of $246.86 for plaintiff.

Appeal by defendant from an order of the district court for Hen-nepin county, refusing a new trial after a trial before Rea, J., (a jury being waived,) and judgment of $112.50 ordered for plaintiff.

. Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, vacating a judgment by default against “the unknown heirs of Isaac B. West, deceased,” and substituting James S. Hosmer as defendant in place of such heirs.

Appeal by defendant from an order of the municipal court of St. Paul, refusing a new trial after a trial by the court and judgment of $100 ordered for plaintiffs.

Appeal by defendant from an order of the district court for St. Louis-county, Stearns, J., presiding, refusing a new trial after verdict of $3,151.33 for plaintiff.

Action of ejectment, brought in the district court for Hennepin county. The defendant in his answer denied'plaintiff’s title, pleaded title in himself, pleaded entry and possession under color of title in fee and in good faith and the making of improvements of a value stated, and asked affirmative relief. The averments of the answer were put in issue by the reply.

• Appeal by the defendant corporation from an order of the district court for Hennepin county, Lochren, J., presiding, appointing a receiver.

Action brought in justice’s court to recover possession of 200 bushels of barley, of the value of $60, with $20 damages for its detention,’and removed to the district court for Mower county, by appeal on questions of law and fact, and there tried before Farmer, J., who ordered a dismissal at the close of plaintiff’s case. The plaintiff appeals from an order refusing a new trial.

Plaintiff, holding a judgment of $161.17 against the defendant Julia S. Fernwalt, on which execution had been issued and returned unsatisfied, brought this action in the district court of Hennepin county, to reach property alleged to have been fraudulently transferred by the judgment debtor to the defendant Bauldwin. At the trial, before Hooker, J., the action was dismissed on defendants’ motion at the close of the evidence for plaintiff.

Action brought in the district court of Stearns county to recover $117.35 for cutting, making, and stacking 203.52 tons of hay, under a contract at an agreed price per ton, $169.38 having been paid».

The Merchants’ National Bank of St. Paul and the firm of Auerbach, Finch & Yan Slyck, creditors of the defendant corporation, each brought an action against it and certain of its shareholders to compel payment of the amount due from such shareholders on their stock. A demurrer to the complaint in the former suit is reported, 84 Minn. 323.

Appeal by defendants from an order of the district court for Ramsey county, Brill, L, presiding, denying their motion to file a proposed answer, made after their demurrer to the complaint had been stricken out as frivolous, and-judgment for $1,498.40 entered for plaintiff.

Action brought in the district court for Crow Wing county, to recover possession of certain pine logs, formerly belonging to one Monroe, under whom both parties claimed title. At the trial, before Holland, J., the plaintiff had a verdict of $157.50. A motion for a new trial was made before Stearns, J., (owing to the illness of Judge Holland,) and was denied, and the defendant appealed.

Appeal by plaintiff from an order of the district court for Olmsted county, Start, J., presiding, refusing, a new trial after trial by the court, and decision made finding the amount due on the notes and mortgage in suit to be $1,890.66, and ordering judgment of foreclosure and sale.

Appeal by plaintiff from an order of the district court for Eamsey county, Kelly, J., presiding, refusing a new trial after trial by the court, and judgment of $100 ordered for plaintiff, the amount claimed in the complaint being $1,000.

Appeal by defendants from an order of the district court for Good-hue county, McCluer, J., presiding, refusing a new trial after verdict, of $377.28 for plaintiff.

Action brought in the district court for Wright county, on a promissory note for $2,050. A demurrer to the answer was sustained by Micks, J., and the defendants appealed.

Action of ejectment for land in Hennepin county, brought in the district court for that county, and tried by Lochren, J., who ordered judgment for defendant, which was entered, and the plaintiff appealed.

Appeal by plaintiff from an order of the district court for Eamsey county, Kerr, J., presiding, refusing a new trial after verdict for defendant in an action to recover $5,000 for an assault upon and seizure and detention of plaintiff by one of defendant’s gate-keepers.

Appeal by plaintiff from an order of the district court for Hennepin County, Lochren, Hicks and Smith, JJ., presiding, granting a new trial after a trial before Hicks, J., and verdict of f 1,000 for plaintiff.

Action brought in the district court for St. Louis county to recover $1,530 damages for obstruction of streets. Plaintiff appeals from an order by Ensign, J., sustaining a demurrer to his complaint.

<p>Fire Insurance Policy — Mistake in Description — Action for Loss before Reformation. — A policy of insurance insured buildings situated on section 31. Held that, even if section 31 were inserted by mistake, the parties intending the insurance to be on buildings upon section 32, no recovery can be had for a loss to buildings on the latter section without a reformation of the policy.</p> <p>Same' — Condition as to Absolute Ownership. — Upon a policy providing that the insurer shall not be liable “if the interest of the assured in the property is not one of absolute and sole ownership, ” no recovery can be had if such interest is only that of a tenant for life.</p>

Appeal by defendant from an order of the municipal court of St. Paul, refusing a new trial after a trial by the court and judgment of $60 ordered for plaintiff.

Appeal by plaintiffs from a judgment of abatement, entered in the district court for Hennepin county, where the issue on defendants’ plea of another action pending for the same cause was tried by Young, J. The defendants are the bank above named and John J. Taaffe.

Action brought in the district court for Eamsey county, by plaintiff, as administratrix of Ole Andreas Sather, to recover damages for defendant’s negligence causing the death of her intestate. Defendant was working a stone quarry, and plaintiff, with other employes, was using a derrick, furnished by defendant, to raise a stone from its bed, when the guys broke, and the derrick fell upon Sather, causing his death.

Appeal by defendant from an order of the district court for Bam-sey county, Otis, J., presiding, sustaining á demurrer to one of the-defences pleaded in the answer.

These actions grew out of a sale and conveyance, by defendant to plaintiff, of certain described real estate in Hennepin county, and were brought in the district court for that county. The consideration •in the conveyance ($10,100) was paid by plaintiff as follows, viz., $3,500 in cash and the residue in promissory notes secured by mortgage on other real estate, and not due when the suit was brought.

Action brought in the district court for Washington county, to recover $88,158 damages for alleged fraudulent representations by defendant on a sale of pine lands to plaintiff. At the commencement of the action a writ of attachment was issued and levied on defendant’s property. The defendant answered, denying the fraud charged. A trial by jury resulted in a disagreement, w'hereupon the action was continued until the next term of court, when it was again called for trial.

Action brought in the district court for Eamsey county, by plaintiff as executor of the will of Norman W. Kittson, deceased, to recover $7,848 and interest, upon promissory notes made by the defendant and held by their testator at the time of his death. De-fence, the statute of limitations and that the testator, in his lifetime, had made a gift to defendant of all his cause and right of action by reason of the notes.

Action brought in the district court for Traverse county, to foreclose a purchase-money real-estate mortgage of $1,600, made by defendant Loehr and wife. De Nederlandsch Amerieanscho Land MaatBchappy, a land company, was made a defendant as having .or claiming some interest accrued subsequently to the lien of the mortgage. The Loehrs made default.

Appeal by defendant Nample (impleaded with Ernest Furchner) from an order of the district court for Pipestone county, Perkins, J., presiding, sustaining plaintiff’s demurrer to defences in his separate answer to a complaint for the enforcement of a mechanic’s lien for $175.

Action brought in the district court for Crow Wing county, and tried before Holland, J., and a jury, who rendered a verdict of $225 for piaintiff. A motion for a new trial was heard by Searle, J., (owing to the illness of Holland, J.,) and was denied, and the defendant appealed.

Appeal by defendant from an order of the district court for Bam-■sey county, Brill, J., presiding, overruling its demurrer to the complaint.

Appeal by defendant from an order of the district court for Ramsey county, Kerr, J., presiding, refusing a new trial after verdict of $141.25 for plaintiff.

Plaintiff, grantee of Mary Chapman, brought this action in the district court for Bamsey county, to determine the defendant’s adverse, claim to a strip of land in the city of St. Paul, “commencing at a. point on the west line of South Robert street, 244 feet north of the north line of Annapolis street, thence running north 49 feet, thence west to the west line of lot 6 of Bidwell’s addition to West St. Paul,” according to the recorded plat, “thence south along said line 49…

Plaintiff brought this action in the district court for Hennepin county, to determine defendants’ adverse claim of title to a certain lot in that part of Minneapolis which was formerly the city of St. Anthony, through tax-sales, certificates and deeds. The defendant Moor answered, alleging title in himself under a tax-deed, (a copy of which was annexed to the answer,) made and recorded June 17, 1864, upon a sale made June 7, 1864, under Sp.

Plaintiffs, as holders of the receipts or “tickets” described in the opinion, brought this action in the district court for Polk county, to recover for the conversion of the wheat called for by such receipts.

Action brought by plaintiffs (partners doing business under the-.name of Cleveland, Brown & Co.) in the municipal court of Minneapolis, against the defendant, (doing business under the.name of De-Soto Boiler Works,) to recover $155, thepriceof certain boiler sheets,, etc., manufactured by plaintiff and delivered free on board cars at.

Appeal' by plaintiffs from an order of the district court for Crow Wing county, Searle, J., presiding, (acting for the judge of the 15th •district,) sustaining a demurrer to the complaint in an appeal from the disallowance by the probate court of a claim of $408.06, and interest, against the estate of Chauneey B. Sleeper, deceased, of whose last will the defendants are executors.

Action brought in the district court for Crow Wing county, to enforce a lien for $220.89 for material furnished for a building. De-fence, payment. - Trial before Stearns, J., (acting for the judge of the 15th district,) on evidence taken before a referee. Judgment was ordered for defendant, and the plaintiff appealed.

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

Plaintiff recovered a judgment of $84.55 against defendant, in justice’s court, in an action for conversion of grain. An appeal, on questions of law only, to the district court for Swift county, was tried by Baxter, J., and the judgment of the justice was reversed. Plaintiff appeals from the judgment of the district court.

Action brought in the municipal court of Minneapolis, to recover possession of a horse, originally the property of one McPherson, the plaintiff claiming under the mortgage considered in the opinion, and the defendants under a subsequent sale by McPherson. The court found the value of the horse to be $140, and ordered judgment for defendants. The plaintiff appeals from an order refusing a new trial.

Appeal by plaintiff from an order of the district' court for Henne-pin county, refusing a new trial after a trial before Hicks, J., (a jury being waived,) and judgment ordered for defendant.

Action brought in the district court for Hennepin county, to recover from the defendant Alden a balance of $1,869.98, purchase-money on a sale of logs, and to enforce a mortgage given by.the other defendants as security for the payment of the price of the logs. Defence, fraudulent representations by plaintiff, when making the sale. Trial before Lochren, J., who ordered judgment for plaintiff for the full amount claimed by him.

Appeal by defendant from an order of the district court for Earn-, sey county,vZe?T, J., presiding, refusing a new trial after a verdict of $2,500 for plaintiff.

Appeal by defendants from an order of the district court for IRamsey county, Wükin, J., presiding, refusing a new trial after ver«.dict of $2,474.65 for plaintiff, and from the judgment entered on the wer.diet. The action was brought to recover the price realized by defendants upon the sale of cattle and hogs consigned to them by plaintiff, and upon a bill of exchange accepted by the defendants.

Action brought in the district court for Ramsey county, to determine defendant’s adverse claims to certain lots in St. Paul. The plaintiff appeals from an order refusing a new trial, after a trial before Otis, J., and judgment ordered for defendant.

Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial after trial by the court and judgment ordered establishing defendants’ title as owners of the 1,623.48 acres of land in that county described in the complaint.

Action brought in the district court for Hennepin county, by attachment under Gen. St. 1.878, c. 83, to enforce a lien for coal furnished the steamboat Clyde, plying on Lake Minnetonka, in this state. After the decision of a former appeal, (43 Minn. 192,) the action was brought on for trial before Hooker, J. The owner of the steamboat, Howard Trumbull, appeared, but no answer was made.

Appeal by plaintiff from an order of the district court for Henne-pin county, refusing a new trial after a trial before Hooker, J., (a jury being waived,) and judgment ordered for defendant.

Appeal by defendant Blackmar, trustee- under the instrument considered in the opinion, from an order of the district court for Carlton county, Stearns, J., presiding, denying his motion to set aside a judgment by default, and for leave to serve a proposed answer.

Plaintiffs brought this action in the district court for Cottonwood county, alleging, among other things, that a sale under a chattel mortgage was void, and praying that the actual value of the property sold ($750) be credited on the mortgage debt.

Action brought in the municipal court of St. Paul, to recover ■rent of a dwelling-house in that city, for the months of January, February, and March, 1890, at the rate of $50 per month, payable monthly in advance.

Appeal by defendant Elizabeth Murphy (who had acquired also.the estate of defendants Margaret and Mary Murphy) from a judgment of the district court for Waseca county, Buokham, J., presiding, confirming the report of referees theretofore appointed to make partition, and vesting in plaintiff an estate for the life of Catherine Murphy in a certain described 43 acres of the N. f of the N. W. ¿ of •section 8, town 105, range 23, in that county, being the portion set off to him…

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

Appeal by defendant Quigg (assignee of the mortgage) from a judgment of the district court for Cottonwood county, where the action was tried by Perkins, J.

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

Appeal by plaintiff from an order of the district for Bamsey county,' Otis, J., presiding, refusing a new trial after a dismissal ordered at the trial.

Appeal by plaintiff from an order of the district for Big Stone county, Brown, J., presiding, granting a new trial after verdict directed for-plaintiff in an action of replevin for a mare and colt of the value of $125.

Appeal by defendant from an order of the district court for Otter Tail county, Baxter, J., presiding, overruling her demurrer to the ■ complaint.

Appeal by defendant from an order of the district • court for Hen-nepin county, Young, J., presiding, overruling a demurrer to the complaint.

Appeal by relators from an order of the district court for Steele bounty, Buekham, J., presiding, quashing an alternative writ of mandamus.

Appeal by defendant from an order of the district court for St. Louis county, Ensign, J., presiding, refusing a new trial, after trial by the court and judgment ordered for plaintiff vesting in him title in fee to-the 40 acres of land mentioned in the opinion.