Volume 52 — Minnesota Reports

Appeal by plaintiff, Mary E. Winston, from an order of the District Court of Hennepin County, Canty, J., made July 2, 1892, denying her motion for a new trial. The defendant, Winthrop Young, was on May 20, 1886, one of the executors of the will of James A. Lovejoy, deceased, and plaintiff was a legatee. At the time of his death, Lovejoy was indebted to defendant’s daughter Emily S. Kimball about $9,000 for real estate which he had contracted to purchase of her.

Appeal by defendant, Olo J. Wigen, from an order of the District-Court of Hennepin County, Canty, J., made May 14, 1892, denying bis motion for a new trial. The plaintiff, Jorgen B. Jakobsen, and the defendant were on March' 31, 1887, partners in the retail grocery business at No. 411 Central' avenue in East Minneapolis, and each owned an undivided half of the storehouse and lot in which they carried on the business.

Appeal by defendant, The Village Council of the Village of Cloquet and George Muggah, Recorder of the Village, from a judgment of the District Court of Carlton County, Ensign, J., entered August 26, 1892, directing a peremptory writ of Mandamus to be issued, commanding the defendants to comply with the provisions of Sp. Laws 1891, ch. 265.

Appeal by plaintiffs, Theodore McCullough and Henry Krienkamp, from an order of the District Court of Hennepin County, Hicks, J., made April 6, 1892, denying their motion for a new trial. Plaintiffs owned lots one (1) and two (2) in block five (5) of Oswald’s Addition to Minneapolis.

Appeal by plaintiff, the City National Bank of Denver, from an order of the District Court of Ramsey County, Brill, J., made July 9, 1892, denying its motion for a new trial.

Appeal by plaintiff, the American Building and Loan Association, from an order of the District Court of Hennepin County, Hooker, L, made June 18, 1892, overruling its demurrer to the answer. Action upon a bond made by defendants, Andrew J. Waleen, ITalvor Fergestad and A. Risberg for $4,500, conditioned as stated in the opinion.

Appeal by defendant, Fidelity Real Estate Company, a corporation, from an order of the District Court of Hennepin County, Canty, J., made June 14, 1892, denying its motion for a new trial. Frank X. Ferodowill, on April 12, 1890, made a contract in writing under seal with defendant to sell and deliver to it at the corner of Thirteenth street and First Avenue South in Minneapolis, 400,000 cream-colored brick for $7 per thousand.

Appeal by plaintiff, Helen L. Briggs, administratrix of the estate of Arthur S. Briggs, deceased, from an order of the District Court of Hennepin County, Lochren, J., made June 25, 1892, refusing her motion for a new trial. The defendant, the Minneapolis Street Bailway Company, was sued for negligently causing the death on September 5, 1891, of Arthur S. Briggs, plaintiff’s husband.

Appeal by defendants, Jethro Mitchell and Wellington R. Burt, from a judgment of the District Court of Carlton County, Stearns, J., entered September 23, 1892. Josephine G-abiou on December 1, 1869, received a patent from the United States for the south half of the northwest quarter and the north half of the southwest quarter of section thirty-four, (34,) in T. 48, R. 16, in Carlton county.

Appeal by plaintiff, D. Moody, from a judgment of the District. Court of Clay County, Holland,. J., entered April 18, 1892.

Appeal by defendant, Daniel D. Merrill, Jr., from an- order of the District Court of Ramsey County, Cornish, J., made March 12, 1892, striking from the files, as frivolous, his demurrer to the complaint. The plaintiff, Anton Friesenhahn, brought an action February 4, 1891, in the District Court of Ramsey county against William M. Bushnell and Alvin R. Bushnell to recover $435.65 which he had intrusted to them.

Appeal by plaintiff, John W. Bradshaw, from a judgment of the District Court of St. Louis County, Baxter, J., entered September 22, 1892. Orrin W. Eice received a patent from the United States for the peninsula now known as Eice’s Point in Duluth harbor. On De•cember 31, 1858, he filed in the Eegistryof Deeds in St Louis county ■a plat of the property.

Appeal by defendants, Thomas Cochran, Jr., the Chicago, Milwaukee & St. Paul Eailway Company and others, from a judgment of the District Court of'Fillmore County, Farmer, J., entered March 25, 1892.

Appeal by defendant, Julius D. Howard, from a judgment of the District Court of St. Louis County, Stearns, J., entered September 22, 1892.

.Appeal by defendant, Eastern Bailway Company of Minnesota, from a judgment of the District Court of Anoka County, Canty, J., entered April 9, 1892, for $552.96. The plaintiff, James Y. Green, a farmer, was on December 17, 1891, at half past five o'clock in the evening, driving his horse team north along Seventh avenue in Anoka, towards the point where defendant’s railroad crosses it at grade. The night was dark, the weather cold and the street rough.

Appeal by plaintiff, Ella M. Moore, from an order of the District Court of Jackson county, P. E. Brown, J., made June 4, 1892, denying her motion for a new trial. The defendant, H. G. Norman, borrowed of plaintiff $91, March 16, 1887, payable July 1, 1887, with interest at the rate of ten per cent, a year. He also borrowed of plaintiff $110 March 23, 1887, payable June 1, 1887, with interest at the same rate.

Appeal by plaintiff, William E. Marshall, from an order of the District Court of Eamsey county, Egan, J., made May 21, 1892, denying his application for a new trial. On February 13, 1889, plaintiff owned two lots in St. Paul. One was lot five (5) in block thirty-one (31) in Eice & Irvine’s Addition, and was mortgaged for $4,000. The other was a part of lots sixteen (16) and seventeen (17) in block sixty-nine (69) in Dayton & Irvine’s Addition.

Appeal by plaintiff, the Savings Bank of St. Paul, from an order of the District Court of Bamsey County, Egan, J., made March 29, 1892, allowing defendant E. J. Daly to file his answer in the action. Action against Danat Authier, C. G. Carlson and E. J. Daly, defendants, upon a bond given by them to plaintiff to indemnify it against mechanics’ liens upon property mortgaged to it.

Appeal by defendants, J. J. Hagenkamp, Charles Schiller, and four others, from an order of the District Court of St. Louis County, Ensign, J., made August 31, 1892, denying their motion for a new trial. The plaintiff, Sarah M. Robinson, made a contract August 1,1890, with defendant J. J. Hagenkamp, by which he agreed for $23,800 to furnish materials and build for her a block of five brick and stone buildings on her lots in Duluth.

Appeal by plaintiffs, Hattie M. Backus and Louisa B. Smith, from an order of the District Court of St. Louis County, Stearns, J., made May 14, 1892, denying their motion for a new trial, and for leave to amend their complaint, and from the judgment entered May 18, 1892, in favor of defendants, and from an order made May 26, 1892, refusing to vacate and set aside the judgment.

Appeal by plaintiffs, Robert Tullocb, Roderick Ttilloch and Thomas Tulloch, from an order of the District Court of St. Louis County, Severance, J., made July 7, 1892, denying their motion for a .new trial. Action to foreclose a lien for $3,923.44, balance due plaintiffs for the stone work in the basement of the Hardy Hall School building at Duluth.

Appeal by defendant Louis F. Menage from an order of the District Court of Hennepin County, Canty, J., made May 21, 1892, denying his motion for a new trial. The plaintiffs, Joel B. Bassett and William L. Bassett, between April 23, and June 27, 1891, furnished lumber to Andrew Nilson to the value of $4S5.06, to be used, and which was used, in rebuilding and repairing the hotel mentioned in the opinion.

Appeal by defendant, the St. Paul City Eailway Company, from an order of the District Court of Eamsey County, Cornish, J., made May 31, 1892, sustaining a demurrer to its answer. The plaintiff Catharine Walker complained that on July 13, 1889, she received personal injuries from the negligence of defendant’s servants while she was a passenger on the Selby Avenue Cable Line in St. Paul, operated by defendant.

Appeal by defendant, F. W. Pratt, from an order of the Municipal Court of the City of Minneapolis, Elliott, J., made August 2, 1892, denying his motion for a new trial.

Appeal by defendant, George F. Barnum, from an order of the District Court of St. Louis County, Stearns, J., made October 14, 1891, denying his motion for a new trial. The plaintiff, Z. H. Austin, on November 10,1890, agreed to purchase of defendant eighty acres of land in Carlton county, and pay therefor $3,200.

Appeal by plaintiff, Emma A. Kurtz, from a judgment of the District Court of St. Louis County, Start, J., entered May 21, 1892. George Leidner, Sr., died intestate May 4, 1860, seised in fee of the south half of the southwest quarter of section seven (7) and the northwest quarter of the northwest quarter of section eighteen, (18,) T. 49, R. 14, in the City of Duluth.

In proceedings to obtain judgment against Peter Stryker for personal taxes, the District Court of Ramsey County, Kelly, J., gave judgment February 2, 1892, sustaining the tax levy.- The defendant Peter Stryker, by his answer stated, that at the time-of the assessment and levy of the tax, he owned and used the personal property sought to be taxed, exclusively for the conduct and maintenance of a seminary of learning called Stryker Seminary, and that it was exempt from…

Appeal by intervener, F. H. Griggs, from an order of the District Court of Hennepin County, Lochren, J., made August 8, 1892, sustaining the demurrers of the defendants, the Central Trust Company of New York, the Fidelity Insurance Trust & Safe-Deposit Company and the Farmers’ Loan & Trust Company, to his complaint in intervention.

Appeal by defendant, David L. How, from a judgment of the District Court of Scott County, Cadwell, J., entered June 4, 1892, decreeing that he had no title to or estate in the land in question. He claimed under the tax title mentioned in the opinion.

Appeal by defendant, the St. Paul City Eailway Company, from an order of the District Court of Eamsey County, Kerr, J., made February 4, 1892, granting plaintiff a new trial. On July 15, 1890, William Matz was riding as a passenger on one of defendant’s street cars. He was standing on the rear platform of a horse car on the Lafayette and Greenbriar Line in St. Paul and fell over the guard rail on the dasher of the rear platform and fractured his skull as he struck the ground.

Appeal by defendant Theodore Wetmore from an order of the District Court of Hennepin County, Pond, J., made July 25, 1892, granting plaintiffs motion for a new trial. The plaintiff, Alfred D. Aldrich, for a first cause of action stated that, he had for three years carried on the business of a barber on the ground floor at No. 105 Second Street South in Minneapolis, and lived with his family in the second story.

Appeal by plaintiff, Thomson-Houston Electric Company, from an order of the District Court of Eamsey County, Otis, J., made August 5, 1892, granting defendant a new trial. The Thomson-Houston Electric Company, a corporation, sold between December 1, 1888, and April 13, 1889, to Frank E. Palmer and J. F. Thompson, partners in business, merchandise to the value of $9,084.

Appeal by the defendant, the State of Minnesota, from.a judgment of the District Court of Bamsey County, Otis, J., entered April 8, 1892. The plaintiffs, Uri L. Lamprey and Jeanne B. Lamprey, his wife, on May 16, 1890, filed their complaint against Oscar M. Metcalf, and made the State of Minnesota a party, under 1878 Gr. S. ch. 74, § 45. This statute provides that the state may be made a party to an action for the partition of real property.

Appeal by defendant, Alexander Fraser, from an order of the District Court of St. Louis County, Start, J., made August 29, 1892, denying his motion for a new trial. Clark & Wardell were on May 14, 1891, in the logging and lumber business on French River, Minn. They were insolvent, and defendant knew it. They owed him over $2,000, which they were unable to pay.

Appeal by defendant, the St. Paul City Railway Company, from 1 an order of the District Court of Ramsey County, Kelly, J., made July 9,1892, denying its application for another trial of this action.

Appeal by plaintiff William Thompson, from an order of the District Court of Eamsey County, Kelly, J., made July 23, 1892, denying his application for a new trial. On July 22, 1884, -Josiah N. Rogers was the owner in fee of lots one (1) and two (2) in block ninety-four (94) in West St. Paul proper.

Appeal by plaintiff, Halvor Steenerson, from an order of the District Court of Polk County, Baxter, J., made August 13, 1892, granting a new trial. The defendants, James M. Waterbury and Chauncey Marshall, were partners in business at No. 33 Front street, New York, manufacturing binding twine. S. C. Bennett of Minneapolis was their traveling agent in this state in 1888 and 1889, and sold to Fred Buse of Bed Lake Falls, twine to the value of $6,05é.

Appeal by defendant, Paul Sharvy, sheriff of St. Louis county, from an order of the District Court of that county, Searle, J., made August 22, 1892, denying his motion for a new trial. In March, 1890, James MeCahill rented to George J. Whipple a store building in Duluth for $75 per month in advance.

Appeal by plaintiff, Mary Barteau, from an order of the District ■¡Court of Bamsey County, Brill, J., made July 16, 1892, denying her motion for a new trial.

Appeal by defendant, the National Bank of Commerce, from an order of the District Court of Hennepin County, Ilicks, J., made August 10,' 1892, denying its application for a new trial. The plaintiff, the Columbia Mill Company, was in 1890, engaged in the manufacture and sale of flour at Minneapolis, and had for six years kept its bank account with defendant. It averaged over $100,-000 a month.

■ Appeal by plaintiff, Wilbur F. Powell, from an order of the District Court of Marshall County, Mills, J., made February 13, 1892, denying his motion for a new trial. The defendant, August Gagnon, was on July 14, 1890, indebted unto Ames Iron Works of Oswego, N. Y., $1,744.26.

Appeal by plaintiff, Andrew J. Finnegan, from a judgment of the District Court of Hennepin County, Smith, J., entered May 24,1892, that he take nothing by his action.

Appeal by plaintiff, Henry Seibert, trustee, from an order of the District Court of Hennepin County, Lochren, J., made March 9, 1892, directing him to pay to Robert Benson and others the interest due on their bonds. The Minneapolis & St. Louis Railway Company on October 12, 1882, made its mortgage or deed of trust to the Central Trust Company of New York upon all its railway lines and property to secure the payment of four thousand bonds of $1,000 each.

Appeal by plaintiff, C. M. Howlett, from an order of the Municipal Court of the City of St. Paul, Gory, J., made June 30, 1892, denying his motion for a new trial. On November 22, 1884, G. H. Block and wife made their promissory note at Larimore, Dakota, whereby they promised to pay to the order of Bell Bros., on December 1, 1889, $400, with interest annually, at the rate of twelve per cent, a year.

Appeal by plaintiff, Emma A. Leveroos, administratrix of the estate of John Leveroos, deceased, from an order of the District Court of Eamsey County, Otis, J., made September 8, 1892, overruling her motion for a new trial. The defendant George Eeis was city treasurer of S't. Paul. He employed John Leveroos and John Messenbourg as clerks in his office from June 1, 18S7, to August 1, 1890, at an agreed monthly salary, varying during that time from $60 to $80 per month.

Appeal by plaintiff, A. C. Frary, from an order of the District Court of Eamsey County, Brill, J., made August 1, 1892, denying his application for a new trial. This action was upon the- contract with the American Rubber Company set out in the opinion. The plaintiff asked judgment for his salary, for June, 1S91, $250, and for damages for improperly discharging him without adequate cause, $2,250 more. The judge directed the jury to return a verdict for the $250 only.

. Appeal by defendant, the Mini eapolis Street Railway Company, from an order of the District Court of Hennepin County, Canty, J., made July 16, 1892, granting its motion for a new trial unless plaintiff, Ellen D. Piper, consent to reduce her verdict of $4,000 to ■$3,200, and refusing it if she did. On September 9, 1891, plaintiff, Ellen D. Piper, attempted to alight from an electric street car at the crossing of Central Avenue ■and Fifth Street Southeast in Minneapolis.

Appeal by defendant, Great Northern Railway Company, from an order of the District Court of Clay County, Mills, J., made June 20, 1892, denying its motion for a Dew trial of this action. The track of defendant’s railway at and for some distance north of Glyndon runs north and south parallel with section lines.' The highway called the county road runs east and ■ west along the north side of the plat of the village and crosses the railway at right angles.

Appeal by plaintiff, Oscar H. Comfort, from an order of the District Court of Ramsey County, Otis, J., made June 1, 1892, denying his motion for a new trial.

Certiorari issued October 5, 1892, to the District Court First Judicial District, Williston, J., to review proceedings taken against Michael Norris and Samuel Manice, relators, for contempt of court in ■disobeying a writ of injunction. Jacob E. Myers, Henry H. Myers and Benjamin F. Myers, three brothers, were in August, 1892, owners in fee of one undivided third ■of thirteen lots in Martin’s Division in Duluth.

<p>Appeal by defendant the Chicago, Milwaukee & St. Paul Railway Company from an order of the District Court of Freeborn County, Buckham, J., made August 18, 1892, denying it a new trial.</p>

Appeal by defendant, Louis Horst, administrator of the estate of Ann Singer, deceased, from an order of the District Court of Bibley County, Cadwell, J., made July 2, 1892, denying his motion for a new trial. Ann Singer died intestate February 21, 1891, and on March 31, 1891, defendant, Louis Horst, was appointed administrator of her estate. She and her husband, Alexander Singer, jointly owned a farm in Sibley county, which they sold March 4, 1886, to Henry Buck, for $3,400.

Appeal by plaintiff, Louis A. Linder, as administrator of the estate of Robert L. Lind, deceased, from that part of a judgment of the District Court of Blue Earth County, Severance, J., entered September 15, 1892, adjudging that the action be dismissed on the merits as to the defendants the Fidelity & Casualty Company and W. L. Comstock, its local soliciting agent.

Appeal by C. H. Bigelow, County Auditor of Meeker County, from an order of the District Court of said county, Poioers, J., made May 21, 1892, directing that a peremptory writ of mandamus issue.

Appeal by plaintiff, the Winona and St. Peter Land Company, from an order of the District Court óf Brown County, Webber, J., made December IS, 1891, refusing its motion for a new trial. On May 17, 1864, Hiram W. Locke settled upon and entered at the local U. S. Land Office as a homestead (U. S. R. S. § 2289) the ■east half of the northeast quarter of section twenty-five, (25,) T. 109, R. 33, in Brown county.

Appeal by defendants John S. Rowell, íheodore B. Rowell, and Samuel W. Rowell, surviving members of the firm of J. S. Rowell, Sons & Company, from an order of the District Court of Hennepin County, Smith, J., made September 12, 1891, denying their motion for a new trial.

Appeal by plaintiff, Prescott J. Woodbury, from an order of the District Court of Anoka County, Lochren5 J., made March 30, 1892, denying his motion for a new trial. Plaintiff was a dry goods merchant at Anoka, and at seven o’clock in the evening of May 12, 1890, was going from his residence to his store, along the plank sidewalk on the south side of Main street, with Charles Woodbury and Charles Seeombe.

Appeal by defendants Sever Robinson, Oluf Larson, A. S. Hervin and Torkild Wilson, from an order of the Municipal Court of the City of St. Paul, Twohy, J., made September 22, 1S92, denying their motion for a new trial.

Appeal by plaintiff, Lillie P. Moeller, from a judgment of the District Court of Hennepin County, Hooker, J., entered September 28, 1892, that she take nothing by her action. On August 15, 1887, Charles A. Wait owned lot six (6) in block one (1) of Sixth Avenue North Addition to Minneapolis, and on that day he and wife mortgaged it to Mary E. Webster, to secure the payment of $1,800.

Appeal by defendant, Great Northern Bailway Company, from a. judgment of the District Court of Meeker County, Poxcers, J., entered-September 14,1892, for plaintiff for $2,251.34 damages and $284.73. costs. Michael Hendrickson was killed June 30, 1890, at a grad© crossing in said county. His widow, Helen Hendrickson, was appointed administratrix of his estate, and brought this' action to recover $10,-000 damages under 1878 G. S. ch. 77, § 2, as amended by Laws 1889, ch. 109.

Appeal by plaintiff, the St. Paul Trust Company, as executor of the will of Norman W. Kittson, deceased, from an order of the District Court of Eamsey County, Otis, J., made September 24, 1892, denying its motion for a new trial. The plaintiff is a corporation authorized by statute to act as executor of wills. Norman W. Kittson died^ testate May 10, 1888, and plaintiff was duly appointed executor of his will.

Appeal by defendant, the Western Assurance Company, from a judgment of the District Court of Crow Wing County, Holland, J., entered September 17, 1892, in favor of plaintiff Lyman P. White for $655.94.

Appeal by defendants, Henry Spaulding and D. M. Gunn, from a judgment of the District Court of Crow Wing County, Holland, J., entered September 22, 1892, in favor of plaintiff, Joseph Dade, for $88.85. On April 7,1890, the plaintiff, Joseph Dade, applied to A. L. Hoffman to borrow $75.

Appeal by plaintiff, Charles E. Barber, from an order of the District Court of Chippewa County, Powers, J., made August 20, 1892, denying his motion for a new trial.

Appeal by defendant, the City of St. Paul, from an order of the District Court of Bamsey Count}', Egan, J., made June 1, 1892, denying its motion for a new trial. On March 21, 1891, the plaintiff, Fannie Johnson, was walking on the plank sidewalk along the east side of Sibley street between Norris and Spruce streets in St. Paul. It was eight o’clock in the evening and quite dark.

Appeal by defendants, Peter S. Miller and Eozetta Miller, his wife, from an order of the District Court of Hennepin County, Hooker, J., made September 21, 1892, overruling their-demurrer to the complaint. On April 8, 1890, the defendants made and delivered to plaintiff, Willis A. White, their negotiable promissory note for $2,500, due five years thereafter, with interest at the rate of six per cent, a year.

Appeal by plaintiff, Coleman Bridgman, from an order of the District 'Court of Stearns County, Searle, J., made August 15, 1892, denying his motion for a new trial.

Appeal by plaintiff, Edwin O. Whitney, from a judgment of the District Court of Hennepin County, Canty, J., entered June 13, 1892, dismissing the action and for $22.83 costs.

Appeal by plaintiffs, Albert Peterson et al., from an order of the District Court of Hennepin County, Canty, J., made June 14, 1892, denying their motion for a new trial. On January 25, 1890, each of the four plaintiffs was the owner of an undivided one-sixth of the southwest quarter of the northeast quarter of section thirty (30,) and of lot three (3) in that section, and of lot four (4) in section twenty-eight (28,) T. 27, R. 24, in Hennepin county.

Appeal by plaintiff, J. E. Watkins, from an order of the District Court of Wabasha County, Start, J., made May 26, 1892, denying his motion for a new trial. In 1856, Eichard Ward, of Harrison, Ohio, had a formula or receipt for making a liniment which he called Ward’s Botanical Liniment.

Appeal by defendants, Joseph E. Thwing and Mary A..Thwing, from an order of. the. District. Court of Hennepin County, Canty, J., made June 11, 1892, denying their motion for a new.trial.

Appeal by plaintiffs, William C. Eesser and Charles Davison, from a judgment of the District Court of Eamsey County, Kelly, J., entered March 15, 1892, that they take nothing by the action and for costs.

Appeal by defendant, P. B. Hart, from an order of the Municipal Court of the City of Minneapolis, Elliott, J., made January 29, 18.92, denying his motion for a new trial.

Appeal by defendant, the City of St. Paul, from an order of the District Court of Eamsey County, Cornish, J., made June 11, 1892, denying its motion for a new trial. On April 24, 1888, Henry Schroeder was the owner of lot nine (9) in block fifteen (15) in Ashton & Scherburne’s Addition to St. Paul, situated on the corner of Fairview and Mt. Airy streets. On that day he mortgaged the lot to Anna T. E. Kirtland to secure the payment of $1,700 and interest.

Appeal by H. A. Spooner et al. from the judgment of the District Court of Hennepin County, Pond, J., entered September 21, 1892, directing the Deceiver, Weed Munro, to pay $700 to George A. Wheaton et al. On July 29, 1889, H. A. Spooner recovered judgment against the Bay St. Louis Syndicate, a corporation, for $1,239.68. Execution was returned unsatisfied.

Appeal by defendant, Life Indemnity & Investment Company, from an order of the District Court of Hennepin County, Pond, J., made September 9, 1892, denying its motion for a new trial. The defendant was on November 10, 1886, an Iowa corporation engaged in the business of life insurance. James D. Shearer of Minneapolis was its agent.

Appeal by defendant, Chris Goehringer, from a judgment of the District Court of Hennepin County, Smith, J., entered April 27,1892, decreeing a certain award of appraisers invalid.

Appeal by plaintiff, William C. Benbow, from ah order of the District Court of Cottonwood County, P. E. Brown, J., made August 30, 1892, denying his motion for a new trial. On November 5, 1889, W. S. Conrad recovered a judgment in the District Court of Hennepin County against J. C. Hunt for $325.03. Execution was issued thereon, and returned unsatisfied. On July 21, 1890, Hunt owned a certificate of deposit in Cottonwood County Bank for $500, and a gold watch worth $25.

Appeal by plaintiff, Samuel Wright,, from a judgment of the District Court of Dakota County, Crosby, J.,'entered May 21, 1892, that he was not entitled to any relief in the action. Held: and denied the specific performance prayed. Plaintiff appealed. The construction of the contract upon which plaintiff brings this action is the only matter involved in this suit.

Appeal by defendant, Russell & Co., a corporation, from an order of the District Court of Chippewa County, C. L. Brown, J., made March 23, 1S92, denying its application for a new trial. John W. Humprey purchased of the United States the west half of the southeast quarter of section fourteen, (14,) T. 116, R. 39, in Chippewa County, and on December 15, 1874, he received a patent for it.

Appeal by defendant, Nehemiah Hulett, from an order of the District Court of St. Louis County, Stearns, J., made June 11, 1892, overruling his demurrer to the complaint. The complaint stated that on June 27, 1874, the plaintiff, William Tretheway, owned one hundred and thirty-seven acres of timber land in St. Louis county, and on that day sold and conveyed it by warranty deed to defendant for $200 in money and three lots on Minnesota Point.

Appeal by defendant Daniel Bohrer, from a judgment of the District- Court of Nobles County, Brown, J., decreeing the plaintiff, W.C. Beardsley, to be the owner of the real estate in question, and that defendants George J. Day and Daniel Rohrer have no title to, or interest in it. The facts are all stated in the opinion.

Appeal by Anthony J. Drexel, one of the defendants, from a judgment of the District court of Hennepin County, Pond, J., entered March 21, 1892. On December 28, 1887, the defendants Alfred J. Condit, George S. Mayhew, and Ambrose W. Daynes owned a lot in Mattison’s Third Addition to Minneapolis, and commenced the construction of a building thereon, and continued the work uninterruptedly until its completion on June 23, 1890.

Appeal by plaintiffs, Christ Sohradi and others, from an order of the District Court of Washington County, Williston, J., made July 14, 1892, denying their motion for a new trial. In November, 1860, a church congregation or religious society was formed, and was known as the German Lutheran St. John’s Church. It placed itself under the jurisdiction of the Buffalo Synod, and selected a pastor belonging thereto.

Appeal by defendant, Pioneer Fuel Company, a corporation, from a judgment of the -Municipal Court of the City of Minneapolis, Ma-honey, J., entered June 15, 1892, for $223.73. On February 29, 1892, defendant sold a ton of coal to D. F. Fla-tau, the occupant of the store No. 324 Nicollet avenue, Minneapolis, and directed John West to deliver it. West owned the horses, harness and wagon used in delivering the coal, but the box on the wagon belonged to defendant.

Appeal by plaintiff, Robert Henderson, an infant, by John Henderson, his guardian ad litem,, from an order of the District Court of Ramsey County, Egan, J., made May 14, 1892, denying his motion for a new trial. The plaintiff was injured October 7, 1891. He was then eleven years and five months of age. He attempted to climb over the bumpers between the cars of a freight train standing across the street at White Bear Lake.

Appeal by plaintiff, Edward D. Brown, from an order of the District Court of Hennepin County, Canty, J., made April 9, 1892, denying his motion for a new trial.

Appeal by plaintiffs, Gaylord W. Beebe and Charles H. Stone, from an order of the District Court of Hennepin County, Hicks, J., made September 21, 1892, sustaining the demurrer of the defendant Thomas J. Canney to the complaint. On May 22, 1890, plaintiffs owned a lot in Minneapolis worth $3,200, and conveyed it that day, to Mary A. Wells for that sum.

Appeal by defendant, Peter Berkey, from an order of the District Court of Bamsey County, Otis, J., made September 3, 1892, denying his motion for a new trial. On July 10, 1890, Benjamin F. Ferriss was indebted to the St. Paul National Bank $6,835. The defendant was the president of this bank.

Appeal by plaintiff, Ernst A. Gerdtzen, as administrator of the estate of Lena Weinberg, deceased, from an order of the District Court of Winona County, Start, J., made August 30, 1892, setting aside the stipulation of the parties, and vacating the judgment entered thereon, and permitting defendant to amend his answer. Eor a statement of the facts, reference is made to the report of the former decision of this court in this action. Gerdtzen v. Cockrell, SO Minn. S46.

Appeal by defendants, the St. Paul City Railway Company and the Minneapolis Street-Railway Company, from an order of the District Court of Ramsey County, Cornish, J., made August 15, 1892, denying their motion for a new trial. On March 12, 1892, the defendants were jointly operating the electric railway between St. Paul and Minneapolis. On that day plaintiff, Frederick Brusch, took passage on one of the cars.

Appeal by defendant, William P. Jewett, from an order of the District Court of Ramsey County, Brill, J., made July 9, 1892, denying his motion for a new trial. On August 22, 1890, defendant bought of plaintiff, Charles A. Parker, stock in a Montana mining corporation called the Crescent Mining Company, and gave him therefor his note for $5,000 and interest, due fifteen months thereafter. ■ This-action was brought upon the note.

Appeal by defendant, Christopher C. Miller, from a judgment of the District Court of Hennepin County, Canty, J., entered September 26, 1892, against him for $46. Defendant kept a public inn in Minneapolis called the Hotel Grace. On December 1, 1890, Carl Yan Baden, his wife and two children were received by defendant as boarders, at $15 per week. They remained until June 8, 1891. Among the effects which they brought to the inn was a Singer Sewing Machine.

Appeal by plaintiff, Annis M. Kilgore, from a judgment of the District Court of St. Louis County, Ensign, J., entered December 11, 1891, that he take nothing by his action, and that he pay $22.71 costs.

Appeal by Twiford E. Hughes and Albert C. Robinson, Intervenors, from a judgment of the District Court of Hennepin County» Canty, J., entered June 30, 1892, decreeing all the'-mechanics’ liens of the parties to the action to be co-ordinate, and prior and paramount to the mortgages given after the construction commenced.

Appeal by defendant, the Pioneer Savings & Loan Company, from an order of the District Court of Hennepin County, Lochren, J., made March 14, 1892, denying its motion for a new trial.

Appeal by plaintiff, Amelia P. Beardsley, from an order of the District Court of Hennepin County, Lochren, J., made September 24, 1892, denying her motion for a new trial. Section thirty-five (35) in township one hundred and seventeen (117) north, of range twenty-three (23) west, in Hennepin county, is fractional, and lies on the south bank of Lake Minnetonka.

Appeal by defendant, Mary B. Lennon, from an order of the District Court of Hennepin County, Hicks, J., made August 30, 1892, denying her motion for a new trial. The action was to foreclose the mechanic’s lien of the plaintiff, Emil Bruce.

Appeal by plaintiff, William Fowlds, from an order of the District Court of Pope County, Searle, J., made August 4, 1892, denying his motion for a new trial. The defendant the Duluth, Huron & Denver Bailroad Company, a corporation, entered into a contract with the defendant A. L. Evans of Chicago, Illinois, to construct a part of its line of railway between Sauk Center, in Stearns county, and Appleton, in the county of Swift.

Appeal by plaintiff, Lavinia Swigert, from an order of the District Court of Hennepin County, Hooker, J., made September 2, 1892, denying her motion for a new trial. James Aspden, Henry Aspden and Samuel Potts were partners in business at Minneapolis for several years under the firm name of Victor Heater Company. On March 7, 1890, it was found that Potts had largely overdrawn his account with the firm. He gave his notes for $5,000 in settlement, and retired.