Volume 46 — Minnesota Reports

Appeal by plaintiff (a judgment creditor of defendant’s husband, to the amount of $1,100) from a judgment of the district court for Hennepin county, where the action was tried by Hooker, J.

Action brought in the district court for Hennepin county to recover $475, the value of cows drowned in a lake near plaintiff’s premises, from which the defendant had cut ice, and had neglected to fence the openings thus made. At the trial, before Hicks, J., a dismissal was ordered at the close of plaintiff’s case, and he appeals from an order refusing a new trial.

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

Appeal by defendants (sureties in the bond in suit) from a judgment of $1,081.76 in the district court for Eamsey county, where the action was tried by Otis, J., a jury being waived.

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

Appeal by defendants from an order of the district court for Grant county, Brown, J., presiding, granting a new trial after a verdict of $1,221.02 in their favor.

Appeal by defendant from an order of the district court for Carlton county, Ensign, J., presiding, refusing a new trial after a verdict of $1,990 for plaintiff.

Ejectment, brought in the district court for Hennepin county, and tried by Hooker, J.¡ (a jury being waived,) who ordered judgment for defendant. The plaintiff appeals from an order refusing a new trial.

Appeal by plaintiff from a judgment of the district court for Blue Earth county, Severance, J., presiding, reversing a judgment of a justice of the peace.

Appeal by Oscar M. Metcalf, (substituted for Hamlet Stevens,) garnishee, from a judgment of $4,657.36, entered in the district court for Meeker county, pursuant to order of Powers, J.

Appeal by defendant from a judgment (of $721.13) of the district -court for Stearns county, where the action was tried before Searle, -J., and a jury.

Appeal by defendant Buna Newton from an order of the district court for Olmsted county, Start,. J., presiding, refusing a new trial. Burt W. Eaton and Davis, Kellogg é Severance, for appellant.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, overruling its demurrer to the complaint in an action to recover $15,000 for personal injuries.

Action brought in the district court for Hennepin county, to determine the defendant’s adverse claim to a lien on real estate in Minneapolis. A demurrer to the answer was sustained by Ilichs, J., and the defendant appealed.

Appeal by defendants Henry E. Fletcher and John B. Gilfillan (impleaded with Sarah W. Libby) from an order of the district court for Hennepin county, granting a new trial after trial by a referee.

Appeal by defendants Henry L. Shepard and George Giddings (impleaded with the Eed Wing Lime & Stone Company and others) from an order of the district court for Goodhue county, Crosby, J., presiding, refusing a new trial. ■

Action brought in the district court for Hennepin county by plaintiffs, alleging themselves to be the mother and sisters of Alfred Backdahl, deceased, and his only heirs at law, upon a “beneficiary certificate” of $2,000, issued to the decedent and payable upon his death to his “legal heirs,” upon the condition that he should “in every particular comply with all laws, rules and requirements of said order.” The defences are stated in the opinion.

Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., presiding, opening a judgment by default against defendant Tilley and admitting him to defend the action.

<p>Appeal by plaintiff from an order of the district court for Hennepin county, Hooker, 3., presiding, discharging a garnishee.</p>

Motion to dismiss the defendant’s appeal from the orders of the district court for Eamsey county, Kerr, J., presiding, which are stated in the opinion.

Action brought in the district court for Sherburne county, to foreclose the $2,000 mortgage, bearing date October 27, 1884, which is considered in the opinion, the plaintiff also alleging a mistake in the deed of October 18,1886, from plaintiff to- Higbee and Clark, in failing to make all its covenants (as well, as. that against incumbrances) subject to an exception of such mortgage: The action was tried by Hooker, J., who ordered judgment for defendants.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, refusing a new trial after a trial by the court and judgment of $3,000 and interest ordered for plaintiff.

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

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

<p>Certiorari to the probate court of Bamsey county,</p>

Action in the district court for Bamsey county against Cannon, the maker, and Wm. Heiser, the payee and indorser, of a promissory note, the former alone defending. Trial before Kelly, J., and verdict for $570.38 directed for plaintiff. Appeal by defendant Cannon from an order refusing a new trial.

Appeal by defendant from an order of the district court for Dodge county, Severance, J., presiding, (before whom, acting for the judge of the 5th district, the action was tried, without a jury,) refusing a new trial.

Appeal by defendant (impleaded with the St. Paul, Minneapolis & Manitoba Railway Company) from a judgment of the district court for Ramsey county, where the action was tried before Wilkin, J., and a verdict of $2,500 was returned against appellant, the jury also finding in favor of the Manitoba Company.

Appeal by plaintiff from an order of the municipal court of St. Paul, refusing a new trial after, trial by the court and judgment ordered for defendant in an action to recover $53.75 damages for alleged wrongful discharge from defendant’s service.

Appeal by defendant Ruhnke (impleaded with Johnston .Mealey) from an order of the district court.for Hennepin county, refusing a new trial after a trial before Lochren, J., and judgment ordered for plaintiff for correction of a written lease and for $66 rent.

Appeal by plaintiff from an order of the district court for Eamsey county, Brill, J., presiding, refusing a new trial after verdict directed for defendants, (executors of the last will of Wm. F. Davidson, deceased,) in an action to recover $20,000 for personal injuries.

Appeal by defendants from a-judgment of the district court for Houston county, where the action was tried by Farmer, J., without a jury-

Appeal by plaintiff from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial, a motion for judgment of dismissal on the pleadings having been granted at, the trial.

Appeal by plaintiff, executor of William Eranldand, from a judgment of the district court for Scott county, where the action was tried by Francis Cadwell, Esq., as referee.

Petition for writ of quo warranto against the holder of the office of clerk of the district court for Wright county, to which the petitioner claims to be entitled as having been elected at the general election on November 4, 1890, and having received a certificate of election and having duly qualified. The respondent’s title, as set forth in the petition, is stated in the opinion. The cause was heard on the petition, on return of the order to show cause issued thereon.

Prebyl, the relator, appealed to a justice of the peace from the refusal of the supervisors of the town of Maple Lake, in Wright county, to lay out a cartway. The jury summoned by the justice made return reversing the action of the supervisors, and the justice thereupon rendered judgment in favor of Prebyl and against the town for $98.65 costs.

Appeal by defendant from an order of the district court for Nobles county, Perkins', J., presiding, refusing a new trial after verdict of $536.94 for plaintiff.

Appeal, by plaintiff from an order of the district court for Hennepin county, Smith, J., presiding, setting aside a verdict of $15,000 in his favor, and granting a new trial, in an action for personal injuries.

Appeal by defendant from an order of the district court for Scott county, Baxter, J., presiding, (acting for the judge of the 8th district,) setting aside a judgment for costs, entered on a verdict.

Appeal by defendant from a judgment of the district court for Ramsey county, where the action was tried before Kerr, J., a verdict of $1,974.83 returned for plaintiff, and a motion for a new trial denied upon plaintiff consenting to a reduction of the verdict to $1,554.55.

Appeal by W. W. Cargill and S. D. Cargill from a judgment (of $505.09) of the district court for Houston county, to which the respondents had appealed from an award of commissioners in condemnation proceedings instituted by appellants, and where the appeal was tried before Farmer, J., and a jury.

Action brought in justice’s court in Ramsey county, to recover $33 for coal sold and delivered. Defendants had judgment, and plaintiffs appealed, on questions of law and fact, to the municipal court of St. Paul, where the action was tried by the court without a jury, and the plaintiffs had judgment for $35.12 damages and $25.45 costs, — in all $60.57, from which judgment the defendants appeal.

Action brought in the municipal court of Minneapolis, by mortgagee against mortgagor, to recover possession of certain household furniture. The jury found for defendant, and assessed the value of the property at $200. Judgment was entered on the verdict, and the plaintiff appealed.

Appeal by defendant from an order of the district court for Anoka county, Hooker, J., presiding, refusing a new trial after a verdict of $175 for plaintiff.

On December 31, 1855, one Alexander Moore was owner in fee of the N. J of the S. E. J and the S. W. £ of the N. E. J of section 9, in township 29, range 24, in Hennepin county, and on that day he with his wife executed a mortgage thereon to one Hall to secure payment of $277.37, according to the terms of a promissory note of the same date. The mortgage (hereinafter called the “Hall mortgage”) contained the usual power of sale and was recorded on the day of its execution.

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

Action brought in the municipal court of Minneapolis, the complaint alleging that defendant was engaged in business under the name of the “New York Pie Company,” and that on December 20, 1889, plaintiff drew a bill of exchange for $100 upon defendant under that name, which was on the same day accepted by him, the acceptance being signed, “New York Pie Company, E. J. White, Mgr.” The answer was a general denial.

Appeal by plaintiff from a judgment of the district court for Houston county, where the actions were tried by Farmer, J.

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

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

Appeal by defendant from an order of the district court for Earn: sey county, refusing a new trial after a trial before Kerr, J., (a jury being waived,) and judgment of $1,000 and interest ordered for plaintiff, upon its depositing with the clerk, for defendant’s use, certificates for 60 shares of full-paid and non-assessable stock of the St. Paul Gas Economizer Co.

- Appeal by defendants from a judgment of the district court for Mower, county, where the action was tried by B'armer, J., a jury being waived.

Ejectment fsr land in Mower county, brought m the district court for that-county and tried by Farmer, J., (a jury being waived,) upon whose decision a judgment was entered for plaintiff, from which the defendant appeals.

Appeal by plaintiffs from an order of the district court for Ramsey county, Brill, J., presiding, setting asidé, as against evidence, a verdict in their favor of $460.92, and granting a new trial.

Appeal by defendant from an order of the municipal court of Duluth, refusing a new trial after a trial by the court and judgment of $83.40 ordered in favor of plaintiffs, who are partners suing by their firm name, their individual names nowhere appearing in the return.

Appeal by plaintiff from an order of the municipal court of St. Paul, refusing a new trial after a dismissal ordered at the trial in an action to recover $98 for goods sold and delivered to defendant by one Marie Scherer, the plaintiff’s assignor.

Appeal by defendant from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing a new trial after a verdict of $500 for plaintiff in an action for personal injuries.

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

Appeal by defendant from an order of the district court for Otter Tail county, Searle, J., presiding, refusing a new trial after verdict of $700 for plaintiff, in an action for personal injuries at a highway-crossing of defendant’s railroad.

Action brought in the district court for Barnsey county, to recover $5,000 for maliciously procuring plaintiff’s property to be attached in an action by the defendants against plaintiff to recover $264.91. Trial before Searle, J., (acting for a judge of the 2d district,) who directed a verdict for defendants. The plaintiff appeals from an order refusing a new trial.

Appeal by Charles A. Smith and another, partners as C. A. Smith & Co., from an order of the district court for Ramsey county, Wilkin, J., presiding, sustaining a demurrer to the complaint filed by them upon the disallowance, by the receiver of the insurance company, of a claim to recover for a loss of $10,000 on property covered by a policy of the company.

Appeal by defendant from the order of the district court for Lac qni Parle county, Brotan, J., presiding, (acting for the judge of the 12th district,) which is considered in the opinion.

Appeal by defendants from a judgment of the district court for Carlton county, where the action (brought to set aside a foreclosure by advertisement) was tried by Stearns, J.

Action brought in the district court for Hennepin county, and tried by Rea, J., who ordered judgment for defendant, and after whose retirement from the bench an order refusing a new trial was made by Smith, J., from which the plaintiff appeals.

Plaintiff brought this action in the district court for Bamsey county, alleging in its complaint that on February 8, 1890, one Powers, a tailor in St. Paul; was and had long been insolvent and was contemplating an assignment of his property, all which the defendant then well knew; and on that day Powers, intending to cheat plaintiff, to obtain the goods without paying for them, and to defraud plaintiff out of the price, represented to plaintiff (which was a dealer in…

Plaintiff having presented a claim against the estate of Thomas Brennan to the probate court of Bamsey county, which was disallowed, appealed to the district court for the same county, and there filed a complaint, in substance as follows: For more than five years past the appellant has been and still is engaged in logging and lumbering on the Grindstone river, a tributary of Kettle river, the two forming part of the navigable tributaries of the St. Croix river.

Appeal by the intervenor from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial after verdict of $725.08 for plaintiff.

Appeal by defendant from a Judgment (of $1,457.21) of the district court for Hennepin county, where the action was tried by Lochren, J., a jury being waived.

Appeal by defendant from an order of the district court for Rock county, Perkins, J., presiding, refusing a new trial after verdict of $ 1,990 for plaintiff.

Appeal by plaintiff from a judgment of the district court for Otter Tail county, where the action (brought to recover $10,000 for malicious prosecution) was tried before Searle, J., and a dismissal ordered at the close of plaintiff’s ease.

Appeal by defendant from an order of the district court for Hennepin county. Smith, J., presiding, refusing a new trial after verdict of $2,750 for plaintiff.

Action brought in the district court for Benton county, to restrain the sale on execution issued on a judgment in favor of defendant Joslin and against one John Maier, of premises in that county, alleged to be owned in fee by plaintiff, and described in the complaint as “all the south half of the north-west quarter of section No. two, town 38, range 31, excepting a strip 15 rods wide off of the west end thereof.” The action was tried by Searle, J., who ordered judgment for…

Action brought in the district court for Ramsey county, to establish and enforce a lien for materials (bricks) alleged to have been furnished by plaintiff to one 3?. X. Ferodowill, a subcontractor, and by him used in constructing a building of the Improvement Co. Defence, a denial that Ferodowill was a subcontractor, or that plaintiff made any contract with him or sold him any brick, or that any of plaintiff’s brick were furnished for or used in the building.

Appeal by plaintiff, as administrator of his son, William Haesley, (a child six years and four months old at the time of his death,) from .an order of the district court for Winona county, Start, J., presiding, setting aside a verdict of $1,000 in his favor, and granting ’a new trial, in an action to recover $5,000 for alleged negligence of defendant causing the death of his intestate.

Appeal by Anderson from an order of the district court for Meeker county, Powers, J., refusing a new trial of his appeal from an order of the board of county commissioners establishing “Ditch No. 3” in that county, a dismissal of the appeal having been ordered at the trial.

Action brought in the district court for Big Stone county, to recover possession of 17 horse hay-rakes, made by plaintiff, of the alleged-value of $380, of which the plaintiff alleged itself to be “the owner and entitled to the immediate possession.” The answer alleged that on October 24,1889, the rakes were the sole and absolute property of one Boyington, who on that day, being insolvent, made a general assignment for creditors to one Van Bogart, the assignment being filed…

Appeal by plaintiff from an order of the district court for Traverse county, Brown, J., presiding, vacating a writ of attachment allowed and issued on the ground of defendants’ non-residence, in an action on a promissory note of $600.

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

Action brought in the district court for Faribault county, to recover damages for failure of defendant to fence its railway through plaintiff’s farm, thereby destroying its value for the purpose of raising stock on it, etc. At the trial before Severance, J., under instruction that the measure of damages was the diminution (if any) of the rental value of the farm, during the six years next before suit brought, by reason of the absence of fences, the plaintiff had a verdict of…

Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, setting aside a verdict of $2,000 in Ms favor, and granting a new trial.

Plaintiff brought this action in the district court for Hennepin county, to recover $65,000, the profit alleged to have been realized on the resale, by defendants and their associates, of the property purchased by them of plaintiff as stated in the opinion. At the trial, before Lochren, J., the plaintiff rested her case without evidence of her want of knowledge of defendants’ interest in the original purchase, or that she was deceived on that point.

Action to recover $100 damages for trespass on plaintiff’s land, brought in justice’s court, where plaintiff had judgment for$l. Defendant appealed, on questions of law and- fact, to the district court for Faribault county, where a motion to dismiss for want of jurisdiction was denied, and the action was tried before Severance, J., and a jury, and verdict rendered for defendant. Judgment was entered on the verdict, and the plaintiff appealed.

Appeal by defendants from a judgment of the district court for Morrison county, entered on the pleadings pursuant to an order by Baxter, J.

Appeal by defendant from an order of tbe district court for Pipe-stone county, Perkins, J., presiding, refusing a new trial after verdict of $367.55 for plaintiff.

An election was held in the county of Sibley, on September 27, 1890, upon the question of removing the county-seat from the borough of Henderson to the village of Gaylord. The result ■ as declared by the county board was that 1,528 votes were cast for removal and 1,532 against it.

Appeal by defendant Jones (impleaded with Wm. O. Cook and wife and Milton George) from an order of the district court for St. Louis county, refusing a new trial after a trial by Ensign, J., and judgment for $15,000, with interest from August 8, 1887, ordered against appellant.

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

Plaintiff having paid $10 water-rate for one quarter-year, brought this action in the municipal court of Duluth, to recover $7 of the amount paid, on the ground that that sum was illegally exacted under threat of shutting off the water from his house. He appeals from an order refusing a new trial after a trial by the court, and judgment for 95 cents and costs ordered in his favor.

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., presiding, refusing a new trial after verdict of $1,410 for plaintiff.

Plaintiff brought this action in the district court for Ramsey county, on January 22, 1889, against one Lue Y. Gregson, for an accounting as to an alleged partnership transaction growing out of the erection of a double dwelling-house on a lot in St. Paul, so built that the centre partition between the two dwellings was upon the line between the north half of the lot (the record title to which was in plaintiff) and the south half, (the record title to which was in defendant,)…

Case certified from the district court for Faribault county, Severance, J., presiding, where the defendant was tried and convicted on an indictment for building and maintaining a fence across a highway in the town of Brush Creek, and was sentenced to pay a fine of $15.

Appeal by defendant from a judgment (of $1,024.17) of the district court for Crow Wing county, where the action was tried before Holland, J., and a jury.

Appeal by plaintiff from an order of the district court for Grow Wing county, Holland, J., presiding, denying his motion to set aside a verdict of $56 for plaintiff and the judgment entered thereon.

Action brought in the district court for St. Louis county, to determine the adverse claims of the defendants to lands in that county. Plaintiff Zoe is the widow and the other plaintiffs are the children of one Francois Eoussain, the original patentee, whose patents were duly recorded in the registry of deeds on July 19, 1863. On January 10, 1867, Eoussain and wife executed to one Morrison a warranty deed, absolute in form, but really as security for a loan of money.

Appeal by defendants from an order of the district court for Aitkin and Itasca counties, Holland, J., presiding, refusing a new trial after verdict of $137.68 for plaintiff.

In 1875, Jacob B. Mueller and John Heinrich brought suit in the-district court for Hennepin county against Bernhard Beimer, (anon-resident,) to recover $100, and caused a writ of attachment to be-issued and levied on real estate of Beimer in Minneapolis, and the summons to be published.

Case certified from the district court for Nobles county, P. E. Brown and Severance, JJ., presiding, after judgment ordered for the respondent corporation in proceedings to enforce payment of taxes against its lands in that county.

Action brought in the district court for Otter Tail county, to remover possession of certain wheat and oats of the value of $307. Appeal by plaintiffs from ah order of Baxter, J., refusing a new trial .after a dismissal ordered at the trial.

Appeal by defendant, as trustee under the will of Charles A. De Graff, deceased, from an order of the district court for Eamsey county, refusing a new trial after a trial before Brill, J., and judgment ordered for defendant.

Plaintiff, as administrator of Clark W. Thompson, who died in 1885, brought this action in the district court for Faribault county, to recover possession of a strip of land in the village of Wells, 30 feet in width, and b.eing the northerly part of a tract 130 feet wide occupied by defendant, the strip in question having a side track upon it.

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

Appeal by Charles P. Kellogg & Co., creditors of the insolvent,, from an order of the district court for Hennepin county, Young, J.,. presiding, dismissing (without prejudice) their petition for an examination of the insolvent, etc.

Action brought in the district court for Ramsey county to enforce a subcontractor’s lien for $186.75. The lien-statement was filed March 21, 1889. The action was tried by Otis, J., who ordered a money judgment for plaintiff against the principal contractors, but ordered judgment in favor of the defendants Farrington and wife, who were made parties as owners of the land. Judgment was . entered and the plaintiff appealed.

Appeal by plaintiffs from an order of the district court for Hennepin county refusing a new trial after a trial before Hicks, J., and judgment of $1 ordered in their favor. The action was brought to recover $4,030, and to have $1,500 thereof adjudged a lien on certain logs of the defendant.

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

Action brought in the district court for Hennepin county against defendant as receiver of the Minneapolis & St. Louis Ry. Co., and operating its railway, to recover $ 10,000 for personal injuries. The plaintiff appeals from an order refusing a new trial after a trial before Hicks, J., and v.erdict directed for defendant.

Action brought in the district court for Morrison county, to recover damages for alleged deceit of defendant in a transaction wherein plaintiff delivered to defendant a stallion, giving at the same time the bill of sale recited in the opinion, and received in exchange an assignment of a second mortgage of land in Belle Plaine in Scott county, on which there was then due $586, and $14 in money.

Appeal by defendant from an order of the district court for Ramsey county, Kerr, J., presiding, overruling a demurrer to the complaint in an action to recover $6,500 damages sustained by plaintiff by reason of the defendant obstructing a street in St. Paul and thereby obstructing the access to plaintiff’s premises.

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

Appeal by plaintiff from an order of the municipal court of St. Paul, setting aside a judgment in his favor of $298.23, and allowing defendant to answer.

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

Appeal by defendants Dewey and wife (impleaded with James W. Mabon) from a judgment of the district court for Ramsey county, Otis, J., presiding, establishing and directing the enforcement of a mechanic’s lien for $370.89 against real estate adjudged to belong to the defendant John J.

Action brought in the district court for Hennepin county against -the defendant Swensen, sheriff of the county, and David W. Knowlton, to recover for the conversion of three carriages, claimed by plaintiff under two chattel mortgages from H. C. Vaughn' & Co. Defence, that the property was taken by the defendant Swensen, as sheriff of the county, by virtue of a writ of attachment in an action brought against H. C. Vaughn & Co. by the National Bank of Commerce; that on…

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

Appeal by defendants Inger M. and John G. Gjertsen (impleaded with John W. Shakleton) from an order of the district court for Hennepin county, refusing a new trial after .a trial before Hooker, J., and judgment ordered against Shakleton for $206.45, and making the same a specific lien on real estate of defendants Gjertsen, and directing a sale, etc.

Appeal by plaintiffs from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial after a dismissal ordered at the trial.

Appeal by defendant from an order of the district court for Eiee county, Bvckham, J., presiding, striking out his supplemental answer, which set forth the resolution of plaintiff’s directors and other matters stated in the opinion.

On January 28, 1885, one A. L. Cole and the defendant entered', into a written contract, by the terms of which the defendant was to-sell goods for Cole in the latter’s store in Fergus Falls, and to receive as compensation one-half the net profits of the business, it being provided that until such net profits should be finally determined the defendant should receive from the proceeds of the business but $60-per month, and that he should be chargeable with all credits given,…

Appeal by defendant from an order of the district court for St. Louis county, Stearns, J., presiding, sustaining plaintiff’s demurrer to the second and third defences in the answer.

Action brought in the district court for Chippewa county, by plain•tiffs, partners as Hillstrom & Doyle, against defendants, partners as Anderson Bros., upon -the following instrument, drawn by defendants and delivered for value' to the plaintiffs, the payees; the complaint alleging due presentment, demand, non-payment, and notice -thereof. “Minneapolis, Minn., Sept. 20, 1887. “A. McKinnon, Bed Wing, Minn.: “Please pay to Hillstrom & Doyle, or order, the two hundred and…

Action brought in the district court for St. Louis county, to recover $25,000 for personal injuries. Trial before Stearns, J., who ordered a dismissal at the close of the evidence for plaintiff. Appeal by plaintiff from an order refusing a new trial.

Appeal by defendants fiom an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial after verdict of $500 for plaintiff, who brought the action to recover for personal injury to his child, a boy of six years.

Action brought in the district court for Hennepin county, and tried by Hooker, J., (a jury being waived,) who found the value of plaintiff’s horse for which a recovery was sought to be $500, and ordered judgment for defendants. The plaintiff appeals from an order refusing a new trial.

After the decision of the former appeal in this action, (41 Minn. 352,) it was again tried in the district court for Stearns county, before Baxter, J., who ordered judgment for defendant, which was entered, and the plaintiff appealed.

Appeal by plaintiffs from an order of the district court for Polk county, Mills, J., presiding, refusing a new trial after verdict for defendants in an action to recover $294.37 for goods sold and delivered.

Appeal by defendant Bradbury (impleaded with George L. Wright) from an order of the district court for Mower county, Farmer, J., presiding, refusing to set aside an attachment, a judgment of $3,980.60, and- execution issued thereon.

Appeal by defendants from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing anew trial after verdict of .$1,200 for plaintiff.

Appeal by defendant from an order of the district court for Grant county, C. L. Brown, J., presiding, refusing a new trial after verdict of $846.32 for plaintiff.

Action brought in the municipal court of Duluth, to recover $300, as commission, at the agreed rate of 5 per cent., on a sale of real estate by plaintiffs as agents for defendant. The plaintiffs appeal from an order refusing a new trial after a trial by the court and judgment ordered for defendant. The instrument relied on by plaintiffs as a contract of sale was as follows: “October 22, 1889.

Ejectment for land in Anoka county, brought in the district court for that county, and tried before Lochren, J., (a jury being waived,) who ordered judgment for defendants. The plaintiff appeals from an order refusing a new trial.

Appeal by defendant from an order of the district court for Ramsey county, Brill, J., presiding, refusing a new trial after judgment ordered for plaintiff.

Plaintiff, as assignee of the policy considered in the opinion, brought this action in the district court for Winona county, against the Connecticut Mutual Life Insurance Company. On application of the -company, and upon its depositing in court the amount due ($1,184.58) on the policy, E. Y. Bogart, administrator of the estate of Anna Elmer, deceased, was substituted in its place as defendant.

Action brought in the district court for Ramsey county on December 15, 1885, to recover $15,000 damages for alleged deceit and breach of warranty in the sale of stock of the Florence Mining Company, on December 22, 1879.

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., presiding, overruling its demurrer to tbe complaint in an action to recover $10,000 damages for breach of the contract considered in the opinion.

Plaintiff, as administrator of the estate of Elbert Slingerland, deceased, brought this action in the district court for Dodge county, in September, 1890, to foreclose a mortgage made by defendants to his intestate on November 21, 1878, as security for the payment of a note of $1,500, bearing the same date, and payable five years thereafter, with interest annually, from date until paid, at the rate of 12 per cent, per annum, upon which no payment of interest or principal had…

Appeal by defendants Haseltine & Farnham and the Minnesota-Title Insurance & Trust Co. from a judgment of the district court for Hennepin county, establishing mechanics’ liens to the amount of $287.78 in favor of plaintiff, and $5,462.06 in favor of the defendant the Willford & Northway Mfg. Co., against certain real estate of defendant James B. Holmes situate in Polk county, and adjudging such liens to be superior to those of the appellants.

Appeal by defendants from an order of the district court for Polk county, Mills, J., presiding, refusing a new trial if plaintiff should consent that the verdict of $1,000 be reduced to $600, which condition the plaintiff accepted. The publications complained of were made in defendants’ newspaper, the “Red Lake Falls News.”

Appeal by defendants from an order of the municipal court of Duluth, refusing a new trial in a prosecution for violating the ordinance considered in the opinion.

Appeal by defendant from an order of the district court for Ramsey county, Wilkin, J., presiding, refusing a new trial on plaintiff consenting that the verdict (of $40,133.33) be reduced to $25,000.

Appeal by defendant from an order of the district court for Hennepin county, Hooker, J., presiding, refusing a new trial after verdict of $1,119.72 for plaintiff.

This action was brought in Pope county. The defendants having demurred to the complaint, the demurrer was, by stipulation, argued before Hooker, J., in Hennepin county. The demurrer was sustained and the plaintiffs appealed.

Appeal by defendant' from an order of the district court for Morrison county, Baxter, J., presiding, refusing to modify a judgment..

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

Appeal by defendant from an order of the district court for Eamsey county, Otis, J., presiding, striking out portions of his answer,' alleging, among other things, false and fraudulent representations made by one Handy when obtaining from plaintiff a note of which the note in suit (for $750) is a'renewal.

Action brought in the district court for Hennepin county, by husband against wife, for an absolute divorce on the ground of defendant’s impotency. Appeal by defendant from an order refusing a new trial after a trial before Hooker, J., and judgment ordered for plaintiff.

<p>Appeal by defendant from a judgment of $154.51, in the municipal court of St. Paul, ordered and entered on the pleadings.</p>

Action brought in the municipal court of St. Paul, to recover $442.67 and interest on a fire-insurance policy issued by defendant. Appeal by plaintiffs from an order refusing a new trial after verdict directed for defendant.

Action brought in the district court for Eamsey county, to recover $5,000 damages for defendant’s failure to protect plaintiff from an assault and battery by a fellow-passenger on one of its trains.' Trial before Otis, J., who ordered a dismissal at the close of the evidence for plaintiff, who appeals from an order refusing a new trial.

Charles O. Baldwin, administrator, with the will annexed, of the estate of Thomas F. McGowan, deceased, petitioned the probate -court of St. Louis county for license to sell, for payment of debts, the residue of the real estate of the testator, which consisted of the homestead — a half-lot in Duluth.

Appeal by defendant Harmount (impleaded with Paul Sharvey, sheriff) from an order of the district court for St. Louis county, Stearns, J., presiding, granting a temporary injunction to restrain foreclosure by advertisement of the mortgage from Franklin B. An-son to defendant Harmount, which is considered in the opinion.

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

Appeal by plaintiff from an order of the district court for Hennepin county, Lcchren, J., presiding, sustaining a demurrer to the complaint, the averments of which are in substance as follows: Between December 1, 1889, and May 1, 1890, the plaintiff performed 128 days’ manual labor iri the manufacture of furniture for the Liljengren Furniture & Lumber Company, as an employe of that company and at its special instance and request, at the agreed price and of the value of $2.25…

Action brought in the district court for Bamsey county, under Gen. St. 1878, c. 76, against the Bailey Manufacturing Company and its stockholders. The referee before whom the case was tried reported that the defendants joined as stockholders were liable for the amounts unpaid on their holdings of stock, and were individually liable for an additional amount equal to the par value of their stock.

Appeal by plaintiff from a judgment of the district court for St. Louis county, entered on the pleadings, pursuant to an order by Stearns, J.

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

Action brought in the district court for Hennepin county, to recover $796.73, the alleged value of 69,195 feet of hard-wood lumber sold and- delivered to defendants.

Action brought in the district court for McLeod county, by plaintiff, as administrator of the estate of William Dollman, deceased, to cancel a deed of land, signed by the intestate and his wife, in which the defendant William Dollman, Jr., was named as grantee, on the ground that it was never delivered in the intestate’s lifetime, and also to cancel a deed of the same land from defendant William to defendant Siegfried Dollman.

Action brought in August, 1890, in the district court for Hennepin county, to restrain the defendant from maintaining and operating its railway along Lake street, in the village, and from maintaining a passenger station, water-tank; and other buildings which occupied part of the street just west of its intersection with a street called “Broadway.” Trial before Young, J., who ordered judgment, denying the relief asked as to buildings occupied by defendant, its lessor, the-St.…

Appeal by defendant from an order of the district court for Hennepin county, refusing a new trial after a trial by Hooker, J., and judgment of $2,800 ordered for plaintiff.

Action to enforce a mechanic’s lien, brought in the district court for Hennepin county, and tried by Hooker, J., who ordered judgment for plaintiff against defendant Mary A. Thwing (wife of 'Joseph E.) for $260.07, and that the same be adjudged a lien, superior to a rnortgage held by defendant the London & Northwest American Mortgage Company, on certain described lots, with the usual directions for sale, etc. The defendants appeal from an order refusing a new trial.

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., presiding, refusing a new trial after verdict of $1,420.35 for plaintiff, in an action for commissions, as agent,, on sales of goods for defendant.

Appeal by defendant from an order of the district court for Steele county, Buckham, J., presiding, refusing a new trial after a verdict of $200 for plaintiff.

Appeal by plaintiff from an order of the district court for Eamsey County, Wilkin, J., presiding, refusing a new trial after verdict directed for defendant, in an action to recover $1,450 on a fire-insurance policy.

Appeal by defendant from a judgment of the district court for Becker county, Mills, J., presiding, rendered in favor of plaintiff on demurrer to the answer, the defendant not having amended after the decision on the demurrer.

Appeal by defendant from an order of the district court for Ramsey county, Kerr, J., presiding, overruling a demurrer to the complaint, which stated a case in substance as follows: One Blood having died, in June, 1888, the plaintiff, an undertaker, at the request of a brother and of a friend of the deceased, took charge of the burial and furnished what was required therefor, the services rendered and goods furnished being suitable to the station in life of the deceased and…

Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., presiding, sustaining á demurrer to the complaint, in which the plaintiff claimed $1,000 damages for the alleged vacation of a street.

Appeal by defendant from a judgment (of $73.95) of the district court for Bock county, where the action (an appeal from justice’s court on questions of law alone) was tried by Perkins, J.

Appeal by defendant Sarah Cook from an order of the district court for Sibley mounty, Searle, J., presiding, (acting for the judge of the 8th district,) denying a motion made in August, 1890, to vacate a judgment by default entered February 15, 1884, and to allow an answer to be made.

Appeal by defendant from an order of the district court for Waseca, county, Buckham, J., presiding, refusing a new trial after verdict of $150.25 for plaintiff.

Appeal by plaintiffs, H. S. Fairchild and Greenleaf Clark, from a judgment of the district court for Bamsey county, where the action (brought to recover $33,634.50 for quarrying and removing stone from plaintiffs’ premises and for other trespasses thereon) was tried by Kelly, J.

Appeal by defendant Meighen (impleaded with the First National Bank of Springfield, Vt.,) from an order of the district court for Fillmore county, Farmer, J., presiding, refusing a new trial.