Volume 47 — Minnesota Reports

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

Appeal by defendant from an order of the district court for Henne-pin county, Hicks, J., presiding, refusing a new trial after verdict of $ 332.52 for plaintiff.

Appeal by plaintiff from an order of the district court for Hen-nepin county, Hicks, J., presiding, refusing a new trial after a dismissal ordered at the trial, in an action to recover $2,000 for personal injuries.

Appeal by defendant Fabel from an order of the district court for Bamsey county, Brill, -L, presiding, refusing a new trial after verdict of $840 directed for plaintiff.

Appeal by defendant Peterson from an order of the district court for Eamsey county refusing a new trial after a trial by Cornish, J.,. ■(a jury being waived,) who.held the plaintiff entitled to $200.12, the .amount of the insurance-money which was the subject of the litigation, and ordered judgment accordingly.

Appeal by defendant from an order of the district court for Dodge county, Buckham, J., presiding, refusing a new trial after a verdict of $1,000 for plaintiff, in an action for personal injuries.

Appeal by the proponent, Harriet D. Stackhouse, from a judgment of the district court for Eamsey county, Otis, J., presiding, denying her petition for the probate and allowance of the will of H. N. Thompson, late of Washington county, Pa., which had been admitted to probate in that county in 1868.

Plaintiffs brought this action in the district court for Ramsey county, alleging for a first cause of action the sale and delivery by them to ■defendant of 1,209,100 feet of pine saw-logs at $5 per thousand feet, no part of which has been paid; and, for a second cause of action, a •contract between the parties, made October 28, 1882, whereby plaintiffs agreed to cut, haul, bank and drive into the St. Croix boom, and deliver on the stringers, so called, 2,012,210 feet of…

. Plaintiff, having recovered judgment in justice’s court against one O’Brien, caused execution to be issued and to be delivered to defendant Olson, as a constable, who levied upon a refrigerator, which he afterwards released and delivered to one Lounsbury, who demanded it as owner. Plaintiff thereupon brought this action in the municipal court of St. Paul, to recover $104.25 damages for defendant’s release of the levy, alleging that O’Brien had since become insolvent.

Appeal by defendant Annie Burritt from a judgmént (of $162.90) of the municipal court of St. Paul, in an action against herself and her husband to recover commissions for services rendered by plaintiffs in procuring a purchaser for real estate belonging to her.

Action brought in the district court for Ramsey county, to enforce a mechanic’s lien. The defendant above named and Theodore Hamm, mortgagees, separately appeal from an order refusing a,new trial after a trial before Kelly, J., and judgment ordered for plaintiff establishing a lien in his favor for $258.22 on lot 11, in block 14, in Oakville, an addition to St. Paul, superior to the lien of the mortgages of the respective defendants.

Action brought in the district court for Bamsey county, to recover $1,050 as commission on a sale of real estate. Trial before Cornish, J., who ordered a dismissal at the close of plaintiff’s case. Appeal by plaintiff from an order refusing a new trial.

Appeal by defendant from an order of the district court for Clay-county, Mills, J., presiding, refusing a new trial on plaintiff consenting that the verdict of $650 in his favor be reduced to $500.

■ Action brought in the municipal court of St. Paul, on a promissory note for $171. Appeal by plaintiff from an order refusing a new trial after trial by the court and judgment ordered for defendant.

Action brought in the district court for Blue Earth county, to recover possession of a quarter-section of land in that county. The defendants, in their answer, among other things, alleged facts (recited in the opinion) showing title in defendant Elizabeth. The action was tried' by Severance, J., who ordered judgment for defendants, which was entered, and' the plaintiff appealed.

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

Appeal by defendant Frank W. Clark (impleaded with George W. Clark) from a judgment of the district court for Aitkin county, where the action was tried by Holland, J.

Appeal by defendant from an order of the district court for Hen-nepin county, Hooker, J., presiding, refusing a new trial on condition that plaintiff should remit the excess of the verdict (which was for $8,500) over and above $3,000, which condition was accepted by plaintiff.

Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, sustaining demurrers to the complaint.

Appeal by plaintiff from so much of a judgment of the district ■court for Olmsted county as adjudges that as to defendant Young-* love the action be dismissed upon the merits, and that his mortgage is a prior lien to that of plaintiff. The action was brought to foreclose a mortgage, the defendant Younglove being impleaded with Albert E. Samuel, Celia Lang, and William H. Lang, and was tried by Buckham, J.

Plaintiff, as receiver in insolvency of the J. H. Mahler Company, brought this action in the district court for Ramsey county, to avoid as an unlawful preference a transfer, by the insolvent to the defendant, of certain wagons, etc., of the value of $2,500. The defendant appeals from a judgment for plaintiff, entered on the decision of Brill, J., before whom the case was tried, without a jury.

Appeal by plaintiff from an order of the municipal court of St. Paul, refusing a new trial, after a dismissal ordered at the trial, of an action for conversion of an office desk, of the value of $50.

Appeal by defendant from a judgment of the district court for Dakota county, where the action (brought to recover possession of personal property, of the value of $476.10) was tried before Crosby,. J., a verdict rendered for plaintiff, and a motion for a new trial denied.

Action to enforce a mechanic’s lien for $480.75, brought in the district court for Ramsey county against Hans E. Larson and August-Christianson, owners of the land; Louis L. Bondelli, a former owner, who conveyed to Larson and Christianson on February 13, 1890, in pursuance of an agreement made prior to December 6, 1889; Julius Bjornstad and Peter Omdabl, partners as Bjornstad & Omdahl, and others, claiming mechanics’ liens; the defendant Crooks, as holder of a mortgage for…

Action brought in the district court for Hennepin county, to recover $2,500 damages for alleged deceit. The cause coming on for trial before Hooker, J., the defendant moved for judgment.on the pleadings. The motion was granted, judgment was entered, and the plaintiff appealed.

Action brought in the district court for Brown county, to enforce a mechanic's lien for $376.14. The defendants (except Clarke) severally demurred to the complaint. The demurrers were sustained by Webber, J., and the plaintiff appealed. •

Appeal by defendant from a judgment (of $1,167.45) of the district ' court for McLeod county, where the action was tried by Baxter, J., {acting for the judge of the 8th district,) without a jury.

Appeal by plaintiff from an order of the district court for Waseca county, Buckham, J., presiding, refusing a new trial after verdict for •defendant, in an action to recover $66.45 for jewelry sold and delivered.

Appeal by defendant from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial after verdict of $1,500 for plaintiff, who lost his left thumb under the circumstances stated in the opinion.

Action brought in the district court for Hennepin county, by plaintiff, a judgment creditor of the defendant Sumner W. Farnham, to declare and enforce a trust in real estate conveyed to defendant Eunice E. Farnham upon a consideration paid by the judgment debtor.

Appeal by plaintiff from an order of the district court for St. Louis county, refusing a new trial after a trial before Start, J., (acting for a judge of the 11th district,) and judgment ordered for defendants Burke and Beriah Magoffin.

In each of these cases the plaintiff appeals from a judgment of the district court for Ramsey county, entered on the decision of Egan, J.

Alternative writ of mandamus, issued from the district court for St. Louis county, on July 10,1891, to compel the defendant, as auditor of the county, to draw his warrant on the county treasurer directing him to pay over to the city treasurer of the city of Lakeside the sum of $10,000, the amount of taxes levied and assessed by the village of Lakeside (of which the city is alleged to be the successor by virtue of the special act considered in the opinion) on property within…

Appeal by defendant Clark (impleaded with E. L. Kelly) from an order of the district court for Hennepin county, Lochren, J., presiding, refusing a new trial after verdict of $3,184.78 for plaintiff.

Appeal by defendant from a judgment of the district court for St. Louis county, where the action was tried before Mills, J., a verdict of $2,500 rendered for plaintiff, and a motion for a new trial denied.

Action brought in the district court for Hennepin county, to recover $747.50, being interest at 7 per cent, per annum from August 10,1888, on a claim of $11,325.50, for work, done by plaintiff for defendant in grading streets, the principal having been paid by defendant under authority of Sp. Laws 1889, c. 563, considered in the opinion. The action was tried by Young and Hooker, JJ., (a jury-being waived,) and judgment was ordered for plaintiff for the amount of his claim.

On October 1, 1868, Alfred H. Barber, a resident of New Jersey, died intestate and seized of certain land in Ramsey county, described in the complaint. He left surviving him his widow, the defendant Eebeeca H. Barber, and the plaintiffs, Thomas S. and Alfred N. Barber, his sons, the former being then three years, and the latter one year, of age.

Action brought in the district court for Ramsey county, to establish and enforce a lien for $5,102.68, upon'a cable line of street railway of the defendant. At the trial, before Otis, J., the verified lien-statement, filed by plaintiff in the registry of deeds, was offered in evidence, and, on defendant’s objection, was excluded, the plaintiff excepting.

Appeal by defendant from an order of the district court for Hen-nepin county,' Smith, J., presiding, refusing a new trial after verdict of $2,000 for plaintiff in an action for a personal injury.

Appeal by plaintiff from an order of the district court for Ramsey county, Kerr, J., presiding, refusing a new trial after judgment ordered for defendant in an action to rescind an exchange of real estate, and for a reconveyance, etc.

In the first of these actions the plaintiff, and in the second the defendant, appeals from a judgment of the district court for Ramsey county, where the actions were tried by Otis, J., without a jury.

Appeal by the executors of the last will of Washington M. Stees, the original defendant, from an order of the district court for Bamsey county, refusing a new trial after a trial before Brill, J., and judgment ordered for plaintiff. The action was brought May 24, 1887.

Appeal by defendant from an order of the district court for Hen-nepin county, Lochren, J., presiding, refusing a new trial after a verdict of $1,208.14 for plaintiff.

Action brought in the district court for Hennepin county, and heard and determined by Lochrén, J., on an agreed statement of facts in substance as follows: On May 20, 1887, plaintiff lent the Duke Soap Co., a corporation of this state, $500 on its promissory note payable 90 days thereafter, and indorsed by Slocum before delivery, to guarantee its payment.

Appeal by defendants Baumeister and Bernard Naegeler (impleaded with John Comes) from an order of the municipal court of St. Paul, denying their motion for a new trial after trial by the court and judgment of $280, with interest at 7 per cent, per annum from November 1, 1887, ordered against the defendants and each of them.

Plaintiff brought this action in the district court for Ramsey county, to restrain defendant from making any connection with the tracks of plaintiff or from running oyer plaintiff’s tracks to its union depot, until defendant should first have complied with plaintiff’s bylaws and regulations and become owner of the number of shares of stock of plaintiff deemed equitable by plaintiff’s board of directors, and entered into the contract with plaintiff required by it of all…

Appeal by defendant from a» order of the district court for Stevens county, G. L. Brown, J., presiding, refusing a new trial on plaintiff.' consenting that the verdict (of $5,000) in his favor be reduced to $3,000.

Action by mortgagor against mortgagee by absolute deed for an accounting, brought in the district court for Hennepin county, and tried by Hooker, J., upon whose decision a judgment of $1,292.06 was entered for plaintiff. The plaintiff appeals from the judgment* and the defendant from an order refusing a new trial.

Appeal by Mary Graham, contestant, from a judgment of the district court for Eamsey county, Kerr, J., presiding, reversing an order •of the probate court, and admitting to probate the will of James Burns, ••deceased. .

Appeal by plaintiff, receiver of Knute 0. Boe, an insolvent debtor, from an order of the district court for Hennepin county, refusing a new trial after a trial by Young, J., and judgment ordered for defendants, in an action to recover $681.59, alleged to have been paid as an unlawful preference by the insolvent to the defendants.

Action brought in the district court for Eamsey county and tried by Otis, J., who ordered judgment for plaintiffs against the defendants other than Odin G-. Clay, for the sum of $2,700, and denied plaintiffs’ motion that the conclusions of law and order for judgment be amended so as to direct judgment cancelling the contract of agency annexed to the complaint and considered in the opinion. Judgment, was entered accordingly, and the plaintiffs appealed.

Plaintiff brought this action in the district court for Winona county, in October, 1889, to recover possession of a threshing-machine, which had been bought by John Welch, the defendant, of the Minnesota Thresher Manufacturing Company, and mortgaged by him to the same company to secure $325, the unpaid balance of the purchase-money; $108.50 being payable on December 25,1888, the same amount December 25, 1889, and $108 on December 25, 1890, with interest on each instalment at…

Appeal by plaintiffs from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial after verdict for defendant in an action to recover $426.29, taxes on demised premises, and $300, for rent of the same premises.

Appeal by defendant from a judgment of the district court for Barnsey county, where the action (brought in September, 1889,) was fried by Otis, J.

Appeal by plaintiff from an order of the district court for Eamsey county, Brill, J., presiding, refusing a new trial after judgment ordered for defendant in an action to enforce against defendant’s railway a lien for material (steel rails) to the amount of $3,349.57, furnished by plaintiff to the New York Cable Eailway Construction Company for use, and used by it, in the construction of one of defendant’s lines of railway.

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

Appeal by plaintiff from an order of tbe district court for Fillmore county, Farmer, J., presiding, dismissing his appeal from the determination of the board of county commissioners of that county, fixing his salary as county attorney.

Appeal by defendant from an order of the district court for Hen-nepin county, refusing a new trial after a trial before Lochren, J., and judgment ordered for plaintiff.

■ . Appeal by 'plaintiff from an order of the district court for Henne-■fpin county, Hicks, L, presiding, refusing a new trial after verdict for ■defendants, in an action to recover $10,000 damages for alleged de>ceit in an exchange of property.

Appeal by defendant from an order of the district court for Ramsey county, Otis, J., presiding, refusing a new trial after a verdict of $2,005.78 for plaintiffs.

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

Action, brought in the district court for Hennepin county, to determine the defendant’s adverse claim to lot 8, in block 4, in Penni-man’s addition to Minneapolis. Both parties claimed title from Abby L. Newel, who, on April 8, 1874, being seised in fee, conveyed the lot to Bernhard Beimer for .$1,000, taking back a purchase-money mortgage of $750, securing four notes payable, respectively, at one, two, three, and four years from that date.

Appeal by defendant from an order of the district court for Ramsey county, Egan, J., presiding, denying his motion to vacate a judgment of $113.75 and subsequent proceedings, and for leave to serve a proposed answer, in an action on a promissory note. An answer previously interposed had been stricken out as sham by order of Kerr, J., and judgment directed and entered for plaintiff.

Action brought in the district court for St. Louis county, against Thomas Dwyer and James A. Steele, to recover for the conversion of certain horses, mules, harnesses, sleds, and wagons, the plaintiff alleging a purchase of them by her, on December 21,1888, from defendant Steele, for $1,330, to be paid by surrender of a note of $700 held by her against Steele and by her own note of $630, it being specially agreed that when the latter note should be delivered at the office of…

In this action, brought in a justice’s court in St. Paul, the Northern Pacific Railroad Company was summoned as garnishee, and upon, the disclosure it appeared that defendant was a switchman in the service of the company, and that at the date of the service of the garnishment summons there was due on account of wages $136.20,. of which he claimed $20 as exempt, and that prior to such service,, defendant had, on July 25, 1890, assigned $85.36 of this amount to-one William…

Appeal by plaintiff from an order of tbe municipal court of St. Paul, refusing a new trial after a trial by the court and judgment ordered for defendant. The action was for the price ($65) of a pair of diamond ear-rings purchased by defendant's wife, and for repairs of jewelry amounting to $6.50.

Appeal by defendants from an order of the municipal court of St. Paul, refusing to set aside a judgment by default in an action of re-plevin for house furniture, of the value of $250. The issue made by the affidavits was upon the fact of service of the summons.

Plaintiff’s claim of $805.98 against the estate of defendant’s testatrix, Jeanette Chevre, having been allowed by the probate court of Meeker county, on August 26, 1890, there was filed in the district court for that county on November 24th a return from the probate court as in cases of appeal, and on November 25th there was filed a paper entitled in the matter of the estate of the testatrix, in the probate court, and addressed to defendant as executor, and purporting to be…

Appeal by defendant Lyman C. Dayton (impleaded with May I. Dayton, his wife] from an order of the district court for Hennepin county, Hooker, L, presiding, denying his motion for a correction of the judgment entered after the decision of an appeal to this court, (reported, 48 Minn. 242,) and the filing of the mandate in that court.

The Masonic Mutual Aid Association, on January 4, 1888, issued to A. J. Hall a certificate of membership entitling him “to all its privileges and benefits; benefits payable to Geo.

Plaintiff brought this action to the district court for Washington county, alleging in his complaint the making by defendants to himself of a promissory note for $6,000, of which he is owner and holder and which is past due and unpaid; that the note was given for the full price of certain lands conveyed by plaintiff to defendant David C. G-aslin, by warranty deed; that at the time of the conveyance plaintiff believed that he had full and absolute title to the lands, but it…

Appeal by defendants from an order of the district court for Ramsey county, Cornish, J., presiding, refusing a new trial after verdict of $89.51 for plaintiffs.

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

The relator was convicted before a justice of the peace of Goodhue county, on a complaint for selling intoxicating liquor, to wit, one quart of beer, without a license, and by means of a contrivance known as a “hole in the wall, ” used to conceal the violation of the law, and was sentenced to pay a fine of $25 with $30.55 costs, “and to stand committed to the county jail for a term not less than 30 days unless such fine and costs be sooner paid.” Being imprisoned under a…

Appeal by plaintiff from an order of the municipal court of Minneapolis, refusing a new trial after a trial by the court and judgment ordered for defendants Miller and Tripp, sued as joint makers with, defendant Kent on a promissory note for $300.

Appeal by defendants from an order of the district court for St. Louis county, Ensign, J., presiding, overruling their demurrer to the complaint 'in an action to restrain the issue of certain bonds of the village on account of a local improvement.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., presiding, overuling bis demurrer to the complaint in an action to recover $5,000 for the publication considered in the opinion.

<p>.Estates of Decedents — Enlargement of Time for Deceiving Claim— Laches. — Upon examination of the papers on which application was made to a probate court, in the matter of the estate of a deceased person, that said court receive, hear, and allow a claim against the deceased several months after the expiration of the period of time duly fixed for the presentation of such claims, it is held that the court did not err in its order •dismissing the application and rejecting the claim on the ground that good cause had not been shown, and that no sufficient excuse had been given for the failure to present the claim within the prescribed period of time.</p>

Appeal by defendant from an order of the district court for McLeod county, Cadioell, J.,. presiding, overruling a demurrer to the reply in an action to recover $84.78 for work and labor.

Appeal by defendants Benjamin H. Billings and Willis G. Baker, impleaded with the above-named bank and a large number of other defendants, from an order of the district court for Hennepin county, Pond, J., presiding, granting an injunction in an action to foreclose the mortgage considered in the opinion.

Appeal by plaintiff from a judgment of the district court for Ramsey county, entered on the pleadings pursuant to order by Kelly, J., in an action to recover $5,525 for injury to plaintiff’s property, as. stated in the opinion.

Appeal by defendant from a judgment of the district court for Freeborn county, Fanner, J., presiding, affirming a justice’s judgment of $26.59, from which defendant had appealed on questions of law alone.

Action brought in the municipal court of Minneapolis to recover $400, being rent fór February and March, 1891, of a store building under a written lease.

In the first of these cases, the defendant Lovell, a mortgagee, appeals from a judgment of the district court for Hennepin county, entered pursuant to the decision of Pond, J., establishing the priority of a subcontractor’s, lien of $215.50 and directing a sale, etc. In the second case the defendant Henry, owner of the building, appeals from a judgment of the same court, entered pursuant to the decision of Lochren, J., establishing and directing the enforcement of a…

Action for maliciously taking from plaintiffs possession household furniture and provisions belonging to her, and of which the defendants claimed to be mortgagees under a chattel mortgage made by her husband, from whom she was separated, for a past-due debt of his own of $50 to the defendants. At the trial in the district court for Eamsey county, before Kelly, J., the plaintiff had a verdict of $1,600.

After the decision of the former appeal, reversing an. order refusing a new trial, (44 Minn. 241, where the case is fully stated,) the action was again tried in the district court for McLeod county, before Baxter, J., (acting for the judge of the 8th district,) upon whose decision a judgment of $218.06 was entered for plaintiff, from which the defendant appeals.

Action brought in the district court for Hennepin county, to recover $20,000 damages for an alleged libel published in defendant’s newspaper. The defendant, in its answer, alleged that the words set forth in the complaint were but part of an article published by it, and set forth the rest of the article. The defendant appeals from an order by Hicks, J., striking from the answer the matter thus pleaded.

Plaintiff brought this action, in the district court for Hennepim county, against Susan Pv.

Appeal by defendant Chase (impleaded with Pearl M. Hall) from an order of the district court for Hennepin county, Eooher, J., presiding, overruling his separate demurrer to the complaint in an action to recover $5,000 damages for injuries to plaintiff’s feelings and sensibilities caused bj the defendant’s alleged unlawful dissection of the body of her dead husband.

Plaintiff brought this action in the district court for Sibley county praying that a pretended lien of $413.52 charged upon his land by the county board for part of the cost of constructing a ditch, be adjudged void for want of jurisdiction of the board in the particulars •considered in the opinion. The action was tried by Baxter, J., (acting for the judge of the 8th district,) who ordered judgment for plaintiff, which was entered, and the defendant appealed.

The supervisors of the town of Waeonia, in Carver county, having made an order discontinuing a highway in the township, one Edward Hahn appealed from the order to the respondent, a justice of the peace of the county, filing a written application and bond, and the respondent thereupon issued a summons.

Ejectment, brought in the district court for Eamsey county, for lots in the city of St. Paul.

Action brought in the district court for Otter Tail county against Fred and Henry Heitsch as makers of a promissory note of $400. Cole, who alone answered, defended on the ground that he was a. surety merely, and had been released by the transaction considered in the opinion. At the trial, before Searle, J., the defendant had a. verdict. The plaintiff appeals from an order refusing a.new trial.

Plaintiff brought this action in the district court for Big Stone county to recover possession of two horses, two cows, and 250 bushels of wheat, of the alleged value of $325, mortgaged to him by the defendant. In his answer the defendant alleged title in himself to the horses and cows, and that they were exempt, and asked judgment for their return and damages.

Ejectment for lands in St. Louis county, brought in the district court for that county and tried before Stearns, J., who ordered judgment for plaintiff. The defendant appeals from an order refusing a new trial.

Appeal by defendant from an order of the district court for St. Louis county, Stearns, J., presiding, overruling his demurrer to the complaint in an action to recover $2,100, paid by plaintiffs to defendant on a contract to purchase 888 lots at Fond du Lac, in this state.

Action brought in the district court for Big Stone county, against ■defendant Dow and three others, to recover treble damages for the tearing down of his frame house on land occupied by him under a pre-emption claim. At the trial, before C. L. Broion, J., the plaintiff had a verdict of $252. A new trial was refused, judgment was entered, and the defendant Dow appealed.

Action for libel, brought to the district court for Hennepin county, with damages laid at $5,000. Defendant appeals from an order by Hicks, J., overruling its demurrer to the complaint.

Appeal by defendant from a judgment of the district court for St. Louis county, where the action was tried before Steams, J., a verdict of $750 rendered for plaintiff, and a motion for a- new trial denied.

Appeal by defendants from an order of the district court for Hen-nepin county, refusing a new trial after a trial before Hooker, J., and verdict of $724.18 directed for plaintiff.

Appeal by defendants from an order of the district court for-Eamsey county, refusing a new trial after a trial before Otis, J., and. verdict of $447.70 directed for plaintiff.

In July, 1886, the plaintiff insured one Wm. H. Caine against loss-by fire on bis dwelling-house, the terms of the policy providing that, it should be void if the property should “be sold under foreclosure of: a mortgage or any other lien,” or if the assured “should sell or transfer the property” without the consent of the company indorsed on the policy.

Action brought in January, 1890, in the district court for Houston county, on a promissory note for $650, bearing date June 26, 1882, the complaint stating payments of interest at various dates down to November 27, 1888. In his answer the defendant pleaded the de-fence and counterclaim stated in the opinion, and asked judgment for $252.20. He appeals from an order by Farmer, J., sustaining a demurrer to portions of the answer.

Action brought in the district court for Nicollet county, for words spoken in German on June 4, 1889, at the city of St. Peter, and being, in translation: “He is a scamp.

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 $2,000 for plaintiff, in an action for negligence resulting in the death of plaintiff’s intestate, James Quick.

Appeal by defendant John Silk, impleaded with Frank P. McCann, Timothy Sweeney, Andrew Doyle, and Michael F. Sweeney, from an order of the district court for Eamsey county, Otis, J., presiding, overruling his demurrer to the complaint in an action on the bond considered in the opinion.

Appeal by defendant from an order of the municipal court of Minneapolis, refusing a new trial after a trial by the court and judgment for $200 and interest ordered for plaintiff.

After the appeal taken from the order dissolving the ex parte injunction, as stated in the opinion, the defendant, the Duluth Street Railway Company, entered upon the premises of Richardson, the plaintiff in the action, and, with a large force of men, proceeded to construct thereon a road-bed for its electric street railway. The plaintiff thereupon procured an order to show cause why the defendant should not be punished for contempt for violating the injunction.

Defendant was tried and convicted in the district court for Wright county, before Poncl, J., on an indictment for selling “intoxicating liquor, to wit, beer,” “on the 30th day of November, A. D. 1890, being the Sabbath day,” and was sentenced to pay a fine of $50 and costs, and to 15 days’ imprisonment in the county jail. He appeals from the judgment and from an order refusing a new trial.

Defendant was tried and convicted in the district court for Wright county, before Pond, J., on an indictment for selling “intoxicating liquor, to wit, beer,” “on the 30th day of November, A. D. 1890, being the Sabbath day,” and was sentenced to pay a fine of $75, and costs of prosecution, and to 30 days’ imprisonment in the county jail, and to stand committed until payment of the fine and costs. He appeals from the judgment and from an order denying a new trial.

Action brought in the district court for Hennepin county, to recover $945 and interest on the contract considered in the opinion. At the trial, before Smith, J., a verdict was directed for plaintiff for the amount demanded in the complaint. A new trial was refused, and the defendant appealed.

Appeal by plaintiff from an order of the district court for Grow Wing county, Holland, J., presiding, refusing a new trial after a dismissal ordered at the trial, in an action to recover $15,000 for personal injuries.

Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., presiding, sustaining a demurrer to the complaint in an action brought January 3, 1891, to enforce payment of a note of $100, and interest at two per cent, per month from September 30, 1858.

Appeal by defendant from an order of the district court for Stearns county, Searle, J., presiding, refusing a new trial after a verdict of $15,000 for plaintiff in an action for personal injuries.

Action to set aside a deed, brought in the district court for Sibley county, and tried by Edson, J., who ordered judgment for plaintiff. A motion for a new trial was denied by Severance, J., and the defendant appealed.

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 $333.91 ordered for plaintiff.

Appeal by defendant Wallace (impleaded with Matthew B. Harrison) from an order of the district court for St. Louis county, refusing a new trial after a trial before Ensign, J., and judgment ordered for plaintiff.

Appeal by defendant (a corporation) from an order of the municipal court of Minneapolis, refusing a new trial after verdict of $42.14 for plaintiffs. The action was brought to recover a balance of $186.95, alleged to have been collected by defendant (a collection agency) on claims put into its hands by plaintiffs, a partnership.

Two actions to enforce mechanics’ liens, brought in the district court for Hennepin county, and tried by Lochren, J., pursuant to whose findings judgments were entered in each case, establishing a lien in plaintiff’s favor for $282.32, the value of the materials furnished, and costs taxed at $33.38, making $315.65, and directing a sale, etc. Defendants appeal from the' judgments, and also from orders made after their appeals from the judgments were taken, directing…

Appeal by defendants from an order of the district court for Ramsey county, Kelly, J., presiding, refusing a new trial after a verdict of $431.33 for plaintiff.

One Bennett, in October, 1889, executed to plaintiff a chattel mortgage for the purchase-money of household furniture situated in a house leased to Bennett by defendants as agents for the owner. In November, 1889, Bennett having abandoned the premises, the defendants took possession and removed the furniture, and, on plaintiff’s demand, delivered it to her.

Appeal by defendants from an order of the district court for Freeborn county, Farmer, J., presiding, refusing a new trial after verdict of $196.72 for plaintiff.

Certiorari, to review the judgment and proceedings of the district court for Ramsey county in confirming the assessment for the local improvement considered in the opinion.

Appeal by defendant from a judgment of the district court for Washington county, where the action was heard by Williston, J., on evidence taken before a referee.

Action brought in the district court for Mower county, on a note ■of $50, being one of three of the same amount, given for the price of a harvester sold and delivered by plaintiff (a corporation) to defendant.

Ejectment for the S. W. £ of section 21, and the N. W. £ of the-S. E. £ of the same section, in township 30, range 23, in Ramsey-county, brought in the district court for that county, and tried before Brill, J., who directed a verdict for defendant. A new trial-, was refused, and the plaintiff appealed.

<p>Sale — When Property Passes without Delivery. — Contracts for the purchase and sale of chattels, if complete and unconditional, and not within the statute of frauds, are sufficient, as between the parties, to vest the property in the purchaser without delivery. When the chattels are clearly designated and appropriated to the contract, are ready for immediate delivery, and the terms of sale, including the price, are explicitly given, there is an executed contract, and the title, as between the parties, passes to the purchaser, even without actual payment or delivery.</p> <p>Same — Agreement by Seller as to Delivery or Retention of Possession. Nor does an agreement by the vendor to transport the chattels to a place named for delivery, or to retain possession for a time, render executory a contract of sale, otherwise completed on his part.</p>

Appeal by defendant from an order of the district court for Ramsey county, Egan, J., presiding, refusing a new trial after conviction of grand larceny in the second degree on an indictment accusing him of that offence “committed as follows: The said Henry Hackett, on the 4th day of April, A. D. 1891, at the city of St. Paul, in this county, did wrongfully, unlawfully, and feloniously,- in the nighttime of said day, take, steal, and carry away from and out of the room of one…

Plaintiff, on January 5, 1891, recovered judgment of $534.72 against defendant, in the district court for Washington county, on defendant’s failure to answer, the summons and complaint having been personally served December 12,1890.

Appeal by defendant from an order of the district court for Blue Earth county, Severance, J., presiding, refusing a new trial after a verdict of $25 for plaintiff.

Appeal by defendants, the Northern Pacific Railroad Co. and the St. Paul & Duluth Railroad Co., from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial after verdict of $1,500 for plaintiff, in an action for personal injuries received by plaintiff, a passenger in a train of the former company, in a collision of that train with a train of the latter company.

Appeal by defendants from an order of the district court for Sher-burne county, Baxter, J., presiding, refusing a new trial after verdict of $70 for plaintiff.

Appeal by plaintiff from a judgment of the district court for Hen-'nepin county, entered pursuant to an order by Hooker, J., granting -defendant’s motion for judgment on the pleadings.

Appeal by defendant from an order of the district court for Blue Earth county, refusing a new trial after a trial before Severance, J., (a jury being waived,) and judgment ordered for the State in a bastardy proceeding instituted on complaint of the mother.

Action brought in the district court for Olmsted county, for an accounting of all moneys and property received and expended by defendants Geo. W. Yan Dusen and Charles H. Chadbourn under the contracts of December 20, 1881, considered in the opinion, and for leave to redeem the stock in the defendant, the Silver Bell Mining Company, transferred to Yan Dusen & Chadbourn pursuant to those contracts.

Appeal by defendants, William M. and Alvin B. Bushnell, from an order of the district court for Bamsey county, Egan, J., presiding,, refusing a new trial after a verdict of $435.65 for plaintiff.

Appeal by defendant John M. Warner (impleaded with Eosa Warner, his wife, and the city of St. Paul) from a judgment of partition in an action brought in the district court for Eamsey county and tried by Kerr, J.

Case certified from the district court for Traverse county, where defendant’s demurrer to the indictment was overruled by C. L. Brown, J.

An instrument executed March 24,1890, was admitted to probate in Dakota county as the last will of Gottfried Schmidt, late of that county, against the objections of Anna Maria Schmidt, his widow, and the devisees under an earlier will.

In proceedings for a street opening in Duluth, the commissioners awarded $200 as compensation for injury to five acres of land, owned in undivided halves by plaintiff and another. Plaintiff appealed to the district court for St. Louis county, where the action was tried before Stearns, J., and verdict of $25 rendered in her favor. She appeals from an order refusing a new trial.

Appeal by plaintiff from an order of the district court for Eamsey county, Kerr, J., presiding, setting aside a verdict of $4,992 in his favor, in an action by him, as assignee of one Robert B. Hunter, for commissions alleged to have been earned by Hunter as a real-estate agent, and granting a new trial.

Appeal by defendant from an order of the municipal court of Minneapolis, refusing a new trial after a verdict of $403.50 for plaintiff.

Appeal by Henry C. Davis, a shareholder in the defendant company,, (impleaded with the corporation and its other shareholders,) from a judgment of $3,495.83, rendered against him in the district court. for Hennepin county, where the action was tried by Smith, J. A former appeal (by the corporation) in the action is reported 44 Minn. 401.

Appeal by defendant from an order of the district court for Ramsey county, Egan, J., presiding, refusing a new trial after verdict of $759 for plaintiff, in an action by him, as administrator, for negligence of the defendant resulting in the death of his intestate, Maidie Blees, a child of the age of 17 months at the time of her death.

<p>Commitment to Reform School, for Incorrigibility — Failure to Submit Testimony to District Judge. — When it affirmatively appears, from an examination of the records and files, in a proceeding wherein an infant has been committed to the guardianship of the board of managers of the state reform school, on the charge of incorrigibility, that no part of the testimony of certain witnesses sworn and examined in said proceeding was reduced to writing, and, as a consequence, none of the testimony given by said witnesses was before or was examined by the district judge who approved the conviction and commitment, the infant is entitled to be released from the custody of said board on habeas corpus.</p>

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

Action brought in ítie district court for Hennepin county, by plain-, tiff as purchaser and assignee of certain warehouse receipts issued by defendants at Cincinnati, Ohio, to recover $455.73 damages for defendants’ refusal to deliver the whiskey described in the receipts, on demand by plaintiff and tender of the receipts, taxes and charges.

Plaintiffs, as holders of a chattel mortgage made to them by the members of the firm of Rickard, Witt & Co., on July 17, 1888, brought this action in the district court for St. Louis county against defendant, assignee in insolvency of the mortgagors, by assignment made in August 1888, to recover $1,678.60 for alleged conversion of the mortgaged property by defendant.

■ Case certified from the district court for Nobles county, by Severance, .J., upon ovérruling a demurrer to the following indictment: [Title.] “John Butler.is accused * * * by this indictment of the crime of obtaining a signature by false- pretences committed as follows: ■ “The said John Butler, on the 27th day of April, 1889, at * * * with intent then and there to cheat and defraud one W. W. Hurd, did then and there falsely and feloniously pretend and represent to said W.…

Appeal by defendant from a judgment of the district court for Ramsey county, where the action was tried by Wilkin, J.,- a verdict of $ 1,000 rendered for plaintiff, and a motion for a new trial denied.

Appeal by defendant from an order of the district court for Ramsey county, Eyan, J., presiding, refusing a new trial after verdict of $1,267.10 for plaintiff, who had appealed from the disallowance, by the probate court, of the claim when presented against the estate of ■defendant’s intestate.

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

Ejectment for lots in Duluth, brought in the district court for St. Louis county, and tried by Stearns, J., (a jury being waived,) who ordered judgment for defendant, which was entered, and the plaintiffs appealed. The only question litigated was the validity of defendant’s tax title.

Action brought in the municipal court of Minneapolis, by plaintiffs as assignees of the order recited in the opinion. Defendant appeals from an order refusing a new trial, after a trial by tbe court and' judgment ordered for plaintiffs.

Action brought in the district court for Morrison county, to recover possession of a horse. At the trial, before Searle, J., the plaintiff had a verdict for possession of the property, or for its value assessed by the jury at $125. He appeals from an order granting a new trial.

Appeal by defendants Thos. J. Canney and Wm. N Read (im-pleaded with Mary A. Wells) from an order of the district court for Hennepin county, Hicks, J., presiding overruling their demurrer to the complaint in an action to recover $3,000 on the bond considered in the opinion.

Plaintiff, as receiver in insolvency of A. J. Berwin, brought this action in the district court for Hennepin county, to have the mortgage which is considered in the opinion adjudged fraudulent and void, and to recover $11,000, the alleged value of the mortgaged property when taken by defendant.

•Case certified from the district court for Otter Tail County, Baxter,, J., presiding, in proceedings to enforce payment of delinquent real-estate taxes in that county.

<p>Petition for writ of habeas corpus.</p>

Action brought in the name of plaintiff, by the county attorney, in the district court forWatonwan county, to recover the penalty of the bond of' $2,000, executed to the plaintiff by the defendant Hingtgen, a licensed seller of intoxicating liquors in the village, and by the other defendants as his sureties, and conditioned as required by law.

Appeal by plaintiff from an order of the district court for Polk, county, Mills, J., presiding, refusing a new trial after verdict for defendant for a return of the grain in controversy, and assessing its-value át $250.

Appeal by plaintiffs from an order of the district court for St. Louis county, refusing a new trial after a trial before Stearns, J., and judgment ordered for defendant, in an action to determine adverse claims to a vacant lot in the city of Duluth.

Appeal by defendants from an order of the district court for Eamsey county, Otis, J., presiding, denying their motion that a temporary injunction theretofore issued, restraining the defendants from collecting an assessment for a local improvement, be so modified as to allow defendants to apply to the district court for judgment against the property of plaintiffs, described in the complaint, for the amount of the assessment.

Appeal by plaintiff from a judgment of the district court for Steam® county, where the action (brought to determine defendant’s adverse-claims to land in that county) was tried by Baxter, J., without a jury..

Appeal by plaintiff from an order of the district court for St. Louis county, Stearns, J., presiding, refusing a new trial after verdict directed for defendants, in an action to recover $10,328 for personal injuries.

Plaintiff brought this action in the district court for Hennepin county, alleging that, being a resident of Albert Lea in this state, and having at that place a stock of furniture which he wished to exchange for real estate in Minneapolis, he employed one Edgar A. Twitchell, a real-estate broker in that city, to negotiate such exchange; that he was ignorant of the value of Minneapolis property, and relied wholly on the knowledge and advice of his agent; that defendant,…

Appeal by defendant from an order of the district court for Ramsey county, Kerr, J., presiding, refusing a new trial after verdict of $2,300 for plaintiff, in an action for negligence causing the death of plaintiff’s intestate, Homer Strutzel, a child of the age of 5 years and 10 months.

Plaintiff brought this action, in the district court for Eamsey county, .-against Mahlon D. Miller, F. H. Lewis, John C. Ferguson, and Frank P. Blair, praying that a contract of purchase of real estate from defendant Lewis, and a deed of the property from defendant Ferguson, be, as to him, cancelled and annulled; that he recover the money paid as part of the price, and that the notes givett for the rest of the price be cancelled; and that he recover $6,000 damages.

Appeal by defendant from an order of the district court for Stearns county, Baxter, J., presiding, refusing a new trial after judgment of $1,514.59 ordered for plaintiff.

Appeal by defendant W. S. Conrad from an order of the district court for Cottonwood county, Perkins, J., presiding, denying his. motion for a set-off of the judgments considered in the opinion.

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

In July, 1890, the parties entered into a written contract, by which the plaintiff agreed to remove his portable steam saw-mill from its then situation to the premises of defendant, and there place it in position and operate it in sawing logs for defendant under its instructions, the defendant agreeing to pay $2.50 per thousand feet if the mill would saw more than 6,000 feet per day, otherwise the price to be $3 per thousand, but plaintiff was to “rig up” his mill and run it…

Appeal by defendant John T. Blaisdell (impleaded with J. Frank Collom and others) from a judgment of the district court for Henne-pin county, entered, on the decision of Hooker, J., in an action by plaintiff to enforce a mechanic’s lien, establishing a lien to the amount of $1,317.99 in favor of defendant Joseph H. Brinton, and a lien to the amount of $1,404 in favor of defendants James H. and E. E. Drake, partners as the Drake Company, upon the interests of both Blaisdell…

Appeal by defendant from an order of the district court for Hen-nepin county, Smith, 'J., presiding, refusing a new trial after verdict ■of $361.08 for plaintiffs.

Appeal by defendant from an order of the district court for Hen-nepin county, Smith, J., presiding, refusing a new trial after judgment of í¡> 182.04 ordered for plaintiff.

Appeal by defendants Francis and James A. F. Dowlan (impleaded with John Dowlan) from an order of the district court for Bamsey «ounty, Otis, J., presiding, refusing a new trial after verdict of $850 •for plaintiff against them, and verdict in favor of defendant John Dowlan. The three defendants were partners as John Dowlan & Sons, and were sued as such on a contract alleged to have been made by all of them.

Mary B. Harrison, late of St. Paul, Ramsey county, in this state, died in that city on April 17, 1890, leaving surviving her Lawrence L. Harrison, her husband, Stina Johnson, her mother, and two sisters, but no father, brother, child, or issue of any deceased child.

Action brought in October, 1890, in the district court for St. Louis county, to determine defendants’ adverse claim to a vacant lot in Duluth. Trial before Stearns, J., who ordered judgment for plaintiff. Appeal by defendants from an order refusing a new trial. The lot in dispute is part of a tract patented to the defendant Little by the United States on October 5, 1860, on an entry made' by him on December 1, 1858.

Appeal by defendants, John E. Williams, Charles J. Berryhill, and the National Eire Insurance Co., of Hartford, Conn., from an order of the distriet court for Ramsey county, Otis, J., presiding, refusing a new trial after judgment ordered for plaintiff establishing and enforcing a mechanic’s lien of $2,675, and giving it priority over any lien, interest, or estate of defendants Berryhill or the insurance company.