Volume 53 — Minnesota Reports

Appeal by plaintiff, Hazen M. Parker, from an order of the District Court of Hennepin County, Canty, J., made May 19, 1892, sustaining a demurrer to his complaint. The complaint stated these facts; In 1881, Peter M. Peterson ■owned the south half of the northeast quarter and lots two (2) and three (3) in section thirty (30,) and lot four (4) in section twenty-eight (28,) in township twenty-seven (27) range twenty-four (24) in Hennepin county.

■ Appeal by plaintiff, Iver L. Erickson, from an order of the District Court of Hennepin County, Smith, J., made March 18, 1892, denying his motion for a new trial. Defendant John Brandt contracted with plaintiff August 30,1890, to make certain alterations and repairs upon plaintiff’s house, No. 815 Sixteenth Avenue South, in Minneapolis, and was to receive therefor $1,050, and a conveyance of two lots in Minnetonka worth $1,000.

Appeal by plaintiff, Mary Graham, from an order of the District Court of Bamsey County, Kelly, J., made September 24, 1892, denying her motion for a new trial. James Burns was on January 8, 1887, a widower and the owner of the northerly one hundred and twenty-five (125) feet in length of lot one (1) in block, fifty (50) in Dayton.& Irvine’s Addition to St. Bank The plaintiff, Mary Graham, and the defendant Bridget F. Burch were his children, and only heirs at law.

Appeal by plaintiff, James E. Elanigan, from an order of tbe District Court of Hennepin County, Pond, J., made September 26,1892, denying his motion for a new trial. The plaintiff is an attorney at law, and as such performed services for Mattie Hewitt. He brought an action against her to recover compensation, and on July 19, 1890, recovered judgment for $45é.é0.

Appeal by plaintiff, Alfred H. Hedderly, from an order of the District Court of Hennepin Gounty, Smith, J., made August 22, 1892, denying his motion for a new trial. By his complaint the plaintiff alleged that the defendant, Edward W. Backus, on September 26, 1891, at Minneapolis, took, carried away and converted to his own use a certain dark bay stallion, three years old, worth $1,000, belonging to plaintiff, to his damage that sum, and he demanded judgment for that amount.

Appeal by defendant, the Northern Mill Company, from a judgment of the District Court of Hennepin County, Smith, J., entered August 4,1892, against it for $3,074.75. The plaintiff, Frank Mullin, was on October 29, 1890, employed by the defendant, a corporation, in its sawmill at Minneapolis as a blacksmith, repairing the ironwork, and keeping its tools in condition.

Appeal by plaintiffs, Susie Haeg and others, minor children of Charles Haeg, deceased, from an order of the District Court of Hennepin County, Hooker, J., made September 24, 1892, denying their motion for a new trial. On July 17, 1889, Charles Haeg was the owner of about three hundred and forty acres of land in Hennepin county, a lot in Minneapolis, and a quarter section of land in Kandiyohi county.

Appeal by defendant Charles Petzold, from an order of the District Court of Eamsey County, William Louis Kelly, J., made February 19, 1892, overruling a demurrer to the complaint The complaint states that the plaintiff, Minna Petzold, is the daughter of the defendant Adam Krass, and the wife of the defendant Charles Petzold. That they were married November 23, 1884, and lived together until May 10, 1890.

Appeal by defendant Charles Spangenberg, from an order of the District Court of Washington -County, W. C. Williston, J„ made July 25, 1892, denying his motion for a new trial. The plaintiffs Edward C. Gran, Edmund E. Bristol and Lando F. Gran were partners in business, and in 1891 drilled and tubed a well for defendant, and sold him a windmill, and set it up over the well. Their bill amounted to $364.50.

Appeal by plaintiff, Mary M. Gowan, from an order of the District Court of Chippewa County, Gorham Powers, J., made October 14, 1892, sustaining the demurrer of defendant Hanna J. Bensel, to the complaint. The plaintiff for cause of action stated that, in 1879, Roderick W. Dunn died intestate, owning a house and lot in Montevideo, and leaving his widow, Hanna J. Dunn, and two children, his- only heirs at law. That the widow subsequently married Charles D. Bensel.

Appeal by Wilhelmina Lind, from a judgment of the District Court of Le Sueur County, Francis Gaelic ell, J., entered November 2, 1892.

Appeal by plaintiff, E. J. Cour, from a judgment of the District Court of Dodge County, Thomas S. Buckham, J., entered March 28, L892. This action was commenced September 22, 1891, before George B. Arnold, a Justice of the Peace of Dodge County, against defendants Lyman E. Cowdery and J. G. Wheeler, to recover $35 balance due for an elevator-bootpan, made by the North Star Iron Works and delivered to the defendants. Plaintiff was assignee of the claim.

Appeal by defendant, Peter P. Swenson, from a judgment of the District Court of Hennepin County, William Lochren, J., entered November 30, 1892.

Appeal by defendant, the Scottish-American Mortgage Company, (Limited,) from an order of the District Court of Hennepin County, Charles M. Pond, J., made April 15, 1892, granting a new trial. The plaintiff, Louis Lundell, commenced this action to foreclose a mechanic’s lien upon two houses in Minneapolis. He made all other lien claimants and the owner, Charles Ahlman, parties defendant.

Appeal by defendant, William Berlandi, from a judgment of the District Court of Bamsey County, William Louis Kelly, J., entered September 1,1892, against him for $1,358.08. Henry Wegmann and Henry Klemann, on February 11, 1887, made a contract with plaintiff to furnish the materials and build for him, above the foundation walls, a two-story brick building in West St. Paul, according to certain drawings and specifications. He agreed to pay them therefor $11,700.

Appeal by plaintiff, Levi M. Stewart, from an order of the District Court of Hennepin County, Thomas Canty, J., made October 1, 1892, sustaining a demurrer to the second, third and fourth causes of action stated in the complaint. The plaintiff, by his complaint, stated for a second cause of action that in 1886 he was the owner of certain lots in block eighty-two (82) in Minneapolis; that the defendant Sweet W. Case was assessor, and the defendant William JE*.

Appeal by plaintiff, Charles D. Elfelt, from an order of the District Court of Washington County, F. M. Crosby, J., made February 19, 1892, denying his motion for a new trial. Action against the defendant, the Stillwater Street-Railway Company, to recover possession of a strip of land in the City of Still-water, sixty-six feet wide, and extending from the southerly line of Elfelt’s Addition to Oak Park northwesterly across that addition.

Appeal by plaintiffs, William H. Burns and Willis R. Shaw, from a judgment of the District Court of Ramsey County, William Louis Kelly, J., entered March 22, 1892. This action was against Carl J. Carlson, George R. Fling and the Connecticut Mutual Life Insurance Company, defendants, to foreclose a lien for $172.99, balance due for lumber sold Carlson in September, 1890, and used in constructing a house on lot twenty-five (25) in block one (1) of Bryant’s Addition to St. Paul.

Appeal Tby defendant, Henry E. Selden, from an order of the District Court of Hennepin County, Charles M. Pond, J., made October 6, 1892, overruling his demurrer to the complaint. The plaintiff, George E. Williamson, was on June 7, 1891, appointed under Laws 1881, ch. 148, § 2, receiver of the property and estate of Philo L. Hatch, insolvent.

Appeal by defendant, Curtis G. Lewis, from a judgment of the District Court of Ramsey County, Charles E. Otis, J., entered against him January 31, 1893, for $264.30 damages and costs. The plaintiff, John O. Collins, owned lot thirteen (13) in block four (4) in St. Paul Proper, and on May 26, 1891, leased it to defendant for one year from June 1, then next, with the privilege of renewal .for two years more.

Appeal by plaintiff, Knute A. Raunn, from an order of the District Court of St. Louis County, Galvin L. Brown, J., made February 25, 1893, overruling Ms demurrer to the answer. The plaintiff alleged that he owned the northwest quarter of section two (2) T. 154, R. 45, in Polk county, worth $500. That the defendant John Leach owned it January 15, 1880, and on that day mortgaged it to plaintiff to secure the payment of $200 and interest, one year thereafter.

Appeal by plaintiff, Thomas L. Clark, from an order of the District Court of Hennepin County, William Lochren, J., made December 30, 1892, granting defendant’s motion for a new trial. The defendant, Seth Abbott, on September 20, 1883, sold and conveyed to plaintiff with warranty lots seventeen (17) and eighteen (18) in block four (4) in his Addition to Minneapolis, for $500, and also covenanted that they were free from incumbrance.

Appeal Tby defendants, Henry W. Sharpless and Townsend Sharp-less, from a judgment of the District Court of Hennepin County, Thomas Canty, J., entered November 15, 1892, for $137.26.

Appeal by defendant, Eugene C. Smith, from an order - of the Municipal Court of the City of Minneapolis, Charles B. Elliott, J., made August 25, 1892.

Appeal by defendants, Morris L. Hallowell, Jr., and Samuel P. Snider, from a judgment of the District Court of Hennepin County, William Lochren, J., entered April 6, 1892, against them for $10,-295.82. Action brought by John Dobson and James Dobson, partners, upon two promissory notes. The defendants filed and served a verified answer. On motion this answer was stricken out as sham, and judgment was entered as for want of an answer. From that judgment this appeal is taken.

Original o-rder of this court to Robert C. Saunders, attorney, and Hans Holranson, street commissioner, of the defendant Tillage of Hinckley, to show cause April 6, 1893, why they should not be punished for contempt in disobeying a temporary injunction of the District Court pending an appeal to this court.

Appeal by defendants, Joseph H. Seymour and Frank B. Hart, from an order of the District Court of Hennepin County, Thomas Canty, J., made January 11, 1892, denying their motion for a new trial. In June, 1891, the Flour City Sash & Door Company, a corporation, sold and delivered to defendants sash, doors and goods of like character, to the value of $401, on which they paid $170.

Appeal by Charles Thonet, one of the defendants, from a judgment of the District Court of Rice County, Thomas S. Buckham, J., entered September 13, 1892, against him for $350.49 and costs. Eveline L. Schacht commenced an action June 17, 1891, against her husband, Adolph F. Schacht, for divorce and alimony, and on January 28, 1892, recovered judgment as prayed with $334.23 for alimony, counsel fees and costs.

Appeal by defendant, Samuel G. Sloan, from an order of the District Court of Ramsey County, W. D. Cornish, J., made December 2, 1892, denying his motion for a new trial. On July 2, 1887, James Stinson sold at auction a block of land in one of his Ad di I ions to St. Paul. It was bid in by the plaintiff, Christian C. Bergh.

Appeal by defendant, the Minneapolis Street-Bailway Company, from a judgment of the'District Court of Hennepin County, Frederick Hooker, J., rendered January 28, 1893, in favor of plaintiff, William H. Hanscom, for $99.71. Andrew Bloomfield, a boy, had his left forearm broken July 30, 1892, in getting off a Cedar avenue car in Minneapolis.

Appeal by defendant, the Northern Pacific Railroad Company, from a judgment of the District Court of Crow Wing County, Geo. W. Holland, J., entered June 10, 1892, against it for $184.57. November 10, 1891, five cows belonging to plaintiff, John E. Chisholm, were killed at a farm crossing on defendant’s railroad in Todd County. He brought this action in the Municipal Court of the City of Brainard, and obtained judgment for their value.

Appeal by defendant, Jonas M. Kistler, from an order of the District Court of Hennepin County, Charles M. Pond, J., made December 2, 1892, denying his motion for a new trial. George W. Probst was on September 23, 1890, the owner of an undivided third of lot eight (8) in block three (3) in Eodell & Noerenberg’s Addition to Minneapolis, on which was a building, a part of which, he and his wife occupied as their homestead.

Appeal by defendant, Jonas M. Kistler, from an order of the District Court of Hennepin County, Charles M. Pond, J., entered December 2, 1892, denying his motion for a new trial. On February 25, 1892, the plaintiff, Oxnard Brown, recovered judgment in ibe Municipal Court of tlie City of Minneapolis against George W. Probst for $1G.75. for goods sold him in that month. A transcript of the judgment was filed, and the judgment docketed, in the District Court.

Appeal by plaintiff, tbe St. Louis Car Company, from an order of tbe District Court of Washington County, F. M. Crosby, J., made June 24, 1892, denying its motion for the appointment of a receiver' of tbe defendant, tbe Stillwater Street-Railway Company. Tbis plaintiff, a foreign corporation, recovered judgment March 25, 1892, against defendant, a domestic corporation, in tbe District Court of Washington County, for $925.32.

Appeal by defendants, Nils Swenson and five others, from a judgment of the District Court of Polk County, Ira B. Mills, J., entered July 2, 1892, upon the pleadings for $404.22. The action was upon a promissory note. The trial court held that the answer stated no defense, and gave judgment for plaintiff for the amount claimed.

Original petition of Thomas O’Connor made February 18, 1893, for a writ of Habeas Corpus directed to Henry Wolfer, Warden of the State Prison at Stillwater, to have the body of the petitioner, together with the authority for his imprisonment before this court, to do and receive what shall be considered in the premises.

Appeal by 'defendant, M. E. Woodling, from a judgment of the Municipal Court of the City of Minneapolis, Stephen Mahoney, J., entered November 3, 1892, convicting him of assault and battery upon Fred E. Harlow. See State v. Bannock, post, p. 419. Wherever the right of trial by jury could be had under the Territorial law, it may now be had, and the legislature cannot abridge it. Wallon v. Bancroft, 4 Minn. 109, (Gil. 70;) Commissioners v. Morrison, 22 Minn. 178.

The Attorney General presented to the Chief Justice, of this court on March 24, 1893, an information, and an order was made that a writ of Quo Warranto issue, returnable before the court on April 4th, then next, requiring Joseph L. Kiichli to then and there .show by what warrant he intruded into, held and exercised the office of President of the City Council of the City of Minneapolis.

Appeal by defendant, Joanna Fewer, from a judgment of the District Court of Hennepin County, Frederick Hooker, J., entered May 28, 1892. On July 3, 1857, John Kopp owned lots nine (9) and ten (10) in block twelve (12) in Bottineau’s Addition to St. Anthony. The lots lay side by side in the southwest corner of the block. Each was sixty-six (60) feet front on Marshall street, and one hundred and fifty-seven and a fourth feet deep.

Appeal by defendant, Northern Pacific Eailroad Company, from an order of the District Court of Eamsey County, J. J. Egan, J.* made November 7, 1892, sustaining a demurrer to its answer. The plaintiff, Walter E. Alair, on April 4, 1S91, delivered to defendant at Minnesota Transfer in St. Paul, eighteen horses to be transported to Seattle, Washington.

Appeal by defendant, Onias Hall, from a judgment of the District Court of Dodge County, Thomas S. Buokham, J., entered December 7, 1892, against him for $127.15. The plaintiff, Leroy Stebbins, commenced this action in a Justice’s Court to recover a balance of $90.23 and interest, for threshing the grain of defendant.

Appeal by defendant, John B. Conter, from an order of the District Court of Ramsey County, Chas. D. Kerr, J., made J une 18,1892, denying his motion for a new trial.

<p>Appeal by plaintiff, Peter Beseman, from a judgment of the District Court of Morrison County, L. L. Baxter, J., entered April 16, 1892, in favor of defendant, August Weber, for costs.</p>

Appeal by plaintiff, Carl H. Douglas, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made December 10, 1892, denying his motion for a new trial. Action to recover of Nathaniel G-. Leighton and others, partners, a balance of $1,531.57 for saw logs sold and delivered. On February 19, 1880, plaintiff contracted with defendants to cut and bank about 2,000,000 feet of white pine saw logs during that winter on the Little Prairie River in Carlton County.

Appeal by defendant, Samuel Grant, from an order of the District Court of Eiee County, Thomas S. Buckham, J., made July 28, 1892, overruling his demurrer to his wife’s complaint for divorce.

Appeal by defendant, the Chicago, Milwaukee & St. Paul Railway Company, from an order of the District Court of Jackson County, P. E. Broiun, J., denying its motion for a new trial. The facts in this case are stated in the opinion,- and in the former decision, 45 Minn. 85. The second trial was on July 7, 1891.

Appeal by defendant, tbe Scandia Bank of Minneapolis, from an order of the District Court of Hennepin County, Wm. Lochren, J., made July 6, 1892, overruling its demurrer to tbe complaint. Tbe complaint stated tbat plaintiff Carolina Anderson, on May 27, 1890, borrowed of defendant $14,500 for six months and agreed to pay for tbe use thereof, a bonus of $1,500 and interest on tbe total $16,000 at the rate of ten per cent, a year.

Appeal by Wilber B. Godding and William A. Godding from an order of the District Court of Hennepin County, Thomas Canty, J., made September 17, 1892, denying their motion to open a judgment and permit them to defend.

Appeal by defendant, Ann River Logging Company, from an order of the District Court of Washington County, W. C. Williston, J., made August 26, 1892, denying its motion for a new trial. The plaintiffs, Herman Drews and Albert Drews, copartners, in August, 1891, at -Stillwater, bought of defendant, a corporation, about 3,300 bushels of rye raised by it, and then on its farm in Kanabec county, and which it was to deliver to plaintiffs on board the cars at Bronson, Minnesota.

Appeal by plaintiff, Charles E. Cottrell, from an order of the District Court of Hennepin County, Seagrave Smith, J., made November 19, 1892, sustaining a demurrer to the complaint. The facts appear in Mackellar v. Pittsburg, 48 Minn. 396. After the decision of that appeal, this action was commenced by the assignor against all his creditors and the assignee, S. A. Booth, to reform the deed of assignment, on the ground of mutual mistake.

Appeal by defendants, Charles F. Herms, Fred Heckrich, John B. Prim and Philip M. Wirth, from an order of the District Court of Hennepin County, Frederick Hooker, J., made January 28, 1893, denying their motion for a new trial.

Appeal by defendants, Morris Thomas and T. A. Sheridan, from an order of the District Court of St. Louis County, J. B. Ensign, J., made June 14, 1892, sustaining a demurrer to the counter■claim in defendants’ answer.

Appeal by defendant, A. B. Latham, from an order of the District Court of Hennepin County, Wvi. Lochren, J., sustaining a. demurrer to his answer.

-, Appeal by plaintiff, Matthew Gallagher, from an order of the District Court of Hennepin County, Charles M. Pond, J., made April 6, 1892, overruling his demurrer to the complaint of the interveners. Herman A. Westphal in February, 1890, filled the ice house of defendant, Germania Brewing Company, at Keegan’s Lake, with ice for which it agreed to pay him $965. . He also sold and delivered to it in July, 1890, 37,000 pounds of ice for $37.

Appeal by plaintiffs, Henry J. Gude and Joseph O. Gude, from an order of the District Court of St. Louis County, O. P. Stearns, J., made September 23, 1892, denying their motion for a new trial.

Appeal by defendant, Elizabeth F. Gordon, from a judgment of the District Court of St. Louis County, O. P. Stearns, J., entered April 18, 1892, for $3,156.81.

Appeal by Frank W. Clark, from an order of the District Court of Aitkin County, G. W. Holland, J., made September 2, 1892, refusing to release certain real estate from attachment.

Appeal by defendant, William W. Nolting, from a judgment of the District Court of Stevens County, Calvin L. Brown, J., entered September 21, 1892. The plaintiff, M. B. Rollins, made complaint before a Justice of the Peace under 1878 Gf. S. ch. 81, § 11, that defendant detained from him lots sixteen (16) and seventeen (17) in block two (2) in the Village of Morris, in violation of the terms of a lease thereof by plaintiff to defendant, and asked restitution.

Appeal by defendant, P. N. Nordberg, from an order of the Municipal Court of the City of Minneapolis, Stephen Mahoney, J., made September 21, 1892, denying his motion for a new trial. cited Biggs v. Lloyd, 70 Cal. 447; Elliott v. Caldwell, 43 Minn. 357; Mareotte v. Beaupre, 15 Minn. 152, (Gil. 117;) Lace v. Fixen, 39 Minn. 46; St. Paul & Sioux City R. Co. v. Gardner, 19 Minn. 132, (Gil. 99;) Deering v. McCarthy, 36 Minn. 302. cited Conneau v. Geis, 73 Cal. 176; Adams v.…

Certiorari issued February 20, 1893, by this court on the relation of James Hart, Jr., and Theodore M. Helinski to the Common Council of the City of Duluth and Frank Burke, Jr., City Clerk, to certify and return to this court the record and proceedings, on the removal of relators from the office of Fire Commissioners under Sp. Laws 1887, ch. 2, subch. 11, § 4.

Appeal by defendant, Martin Delaney, from a judgment of the District Court of Bamsey County, Chas. E. Otis, J., entered against him May 10, 1892, for $390.71. On June 17, 1885, the plaintiff, Michael J. O’Connor, and the defendant each owned an undivided half of lot fifteen (15) of Partition Plat in the City of St. Paul, on which they had previous to that time done business together as equal partners under the firm name of Northwestern Stock Yards.

Appeal by plaintiff, Everett Hammons, from an order of the District Court of Anoka County, Henry G. Hicks, 3., made December 2, 1892, sustaining a demurrer to his complaint. Plaintiff is an attorney at law and on January 29,' 1892, was ■employed by Hiram Knox to bring an action against the defendant, Great Northern Railway Company, to recover $3,000 damages for .an assault committed upon him the previous day by a conductor •on one of defendant’s passenger trains.

Appeal by David A. Corey, one of the defendants in this action, from an order of the District Court of Ramsey County, William Louis Kelly, J., made March 11, 1893, denying his motion fora new trial. The defendant Corey, of Fitchburg, Massachusetts, owned lots fourteen (14) and fifteen (15) of Chute Brothers’ Division No. 6 Addition to St. Paul. Early in 1890, he wrote his friend Joseph W. Fairbank of St. Paul to put the property into the hands of brokers for sale.

Appeal by plaintiff, Wilbur S. Reynolds, from an order of the District Court of Otter Tail County, L. L. Baxter, J., made September 29, 1891, denying his motion for a new trial. Plaintiff owned lots six (6) and seven (7) in block five (5) in the Village of Henning, and on October 23, 1886, mortgaged them for $400 to the defendants, Sydney H. Curtiss and Adelbert G-. Law-a’ence.

Appeal by defendant, Winona & Southwestern Railway Company, from an order of the District Court of Winona County, Chas. M. Start, J., made August é, 1892, denying its motion for a new trial. The plaintiff, Daniel Brown, owned lot seven (7) in block two (2) in the Village of Utica, and with his family occupied the dwelling house thereon. It fronted north onto a street sixty-six feet wide running east and west.

Appeal by plaintiff, Anna Brooks, (since deceased,) from an order of the District Court of Otter Tail County, I). B. Searle, J., made-June 20, 1892, 'denying her motion for a new trial. After the appeal to this court was perfected and the return-filed, the plaintiff departed this life intestate, and Stephen O. Rug-land was appointed by the Probate Court of Otter Tail County, administrator of her estate.

Appeal by Northwestern Guaranty Loan Company of Minneapolis, from an order of the District Court of Hennepin County, Seagrave Smith, J., made September 19, 1892, vacating and setting aside an award of arbitrators.

Appeal by defendant, Walter M. Thompson, from an order of the Municipal Court of the City of Duluth, Eric L. Winje, Special Judge, made July 27, 1892, denying his application to vacate the judgment and allow him to answer. The plaintiff, William Mies, a tailor, made an overcoat for defendant, and brought this action to recover the agreed price, $30. Defendant did not appear or answer, and on July 11,1892, judgment was entered against him for that amount and costs.

Appeal by plaintiff, Charles C. Boyd, from an order of the District Court of St. Louis County, O. P. Stearns, J., made August 13, 1892, denying his motion for a new trial. On July 9,1891, the Motor Line Improvement Company, a corporation, owned section thirty-six (36), T. 51, R. 14, in Duluth. Guilford G. Hartley was president, and Luther Mendenhall and his business partner Hoopes, were general managers of the business of this corporation.

On April 14, 1893, Ira P. Shissler, presented in this court his petition stating in substance that on April 4, 1893, he was elected Judge of the Municipal Court of Mankato, a court created by Sp. Laws 1885, ch. 119. That he had received a certificate of election and had qualified as Municipal Judge, but was prevented by Jerome E. Porter, the prior incumbent, from taking possession of the office. A writ of Quo Warranto issued, and the respondent showed cause April 25, 1893.

Appeal by plaintiff, Ruby D. Temple, from an order of the District Court of Hennepin County, Thomas Canty, J., made September 17, 1892, sustaining a demurrer to her complaint. Plaintiff owned lot six (6) in block two (2) in DunsmooPs Rearrangement of the Second Nicollet Avenue Addition in Minneapolis. She mortgaged it November 8, 1890, to John P. Pineo, to secure the payment of $1,300 three years thereafter, with interest payable semiannually.

Appeal by plaintiff, Charles E. Seeley, from an order of the District Court of Itasca County, Geo. W.'Holland, J., made March 17, 1893, refusing his motion for a new trial. At the general election held November 8, 1892, Charles E. Seeley and J. F. Killoran were each candidates for the office of County Commissioner for the Second District in the County of Itasca, for the term commencing January 1, 1893.

Appeal by plaintiffs, Henry W. Merchant and Clarke Merchant, from an order of the District Court of Hennepin County, Frederick Hooker, J., made March 11, 1892, granting a new trial on motion of the defendants, Robert R. Howell and David R. Howell. The plaintiffs deal in metals, brass and copper goods at Philadelphia, Pa. Defendants deal in supplies for engines, boilers and machinery at Minneapolis.

Appeal by plaintiff, Olive Lancoure, from a judgment of tbe District Court of Kamsey County, Charles M. Otis, J., entered January 11, 1893.

Appeal by defendant, T. A. Sorenson, County Auditor of Fillmore County, from an order of the District Court of that County, John Q. Farmer, J., made August 17, 1892, overruling his demurrer to the complaint. The complaint was framed under 1878 G-. S. ch. 11, § 97, as amended by Laws 1881, ch. 10, § 19, and by Laws 1889, ch. 186, § 1, to recover money paid at tax sales prior to 1870.

Appeal by defendant, Matt Clark, from an order of tbe District Court of Hennepin County, Thomas Canty, J., made August 25, 1892, denying bis motion to set aside and vacate tbe judgment entered against bim November 28, 1890, for $4,989.71 in favor of plaintiff, Mary B. Lee.

On November 30, 1892, John A. Stees and forty other persons owning real estate on Seventh street, St. Paul, presented in this court their verified petition, and obtained a writ of Certiorari to the District Court of Eamsey County, returnable on the first day of the April term, 1893, and requiring that court to certify and return to this court all the proceedings had in that court touching the application of the City Treasurer for judgment against their property for…

Appeal by plaintiff, Joseph W. Pushor, from an order of the District Court of Stevens County, C. L. Brown, J., made March 27, 1893, sustaining a demurrer to his complaint. The plaintiff furnished certain poor persons residing in the Village of Morris with necessaries, and brought this action against the Village to recover the value of the food and clothing so furnished.

Appeal by plaintiff, Edwin Cooley, from an order of the District' Court of Ramsey County, J. J. Egan, J., made September 10, 1892, denying Ms motion for a new trial. On October 14, 1889, at Minneapolis, the plaintiff, Edwin Cooley, signed as surety, or indorsed, notes for the benefit of Cable & Chute, railroad contractors, to the amount of $7,362.43, due one year thereafter.

Appeal by plaintiffs, Jacob E. Myers, Henry H. Myers and Benjamin F. Myers, from an order of the District Court of St. Louis County, O. P. Stearns, J., made August 6, 1892, dissolving a temporary injunction. The plaintiffs owned one undivided third of thirteen lots in Martin’s Division in Duluth. The defendant, the Duluth Transfer Railway Company, surveyed and located its railway across these lots, and was about to construct its road over them.

Appeal by defendant, Robert Louden, from an order of the District Court of St. Louis County, Charles M. Start, J., made April 22, 1892, denying his motion for a new trial. On August 13, 1891, the plaintiffs, John McManus, Charles Mc-Manus and Edward McManus, made a contract in writing with defendant, for two dollars per cord, to haul all the cedar posts as fast as cut on section fourteen (14), T. 59, R. 4, in Cook County, and bank the same on the shore of Lake Superior.

Appeal by defendant, the Great Northern Eailway Company, from an order of the District Court of Yellow Medicine County, Gorham Powers, J., made September 16, 1892, denying its motion for a new trial.

Appeal by W. H. Williams from an order of the District Court of Polk County, Frank Ives, J., made January 14, 1893. Eli Lariviere and wife mortgaged to Williams two hundred acres of land in Polk county. When the debt fell due it was not paid, and Williams employed Messrs. White, Reynolds & Schmidt, attorneys at law of Duluth, to foreclose the mortgage by advertisement under the power of sale therein.

Appeal by plaintiffs, George M. Holmes and Byron G. S g g, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered September 30, 1892. Plaintiff Holmes on March 38,1889, made to John Gonska, his note .and a mortgage for $350, on the north half of southeast quarter, and lots three and four in section twenty-four (24,) T. Cl, R. 12, in St. Louis County. He received hut $300, and the securities were usurious.

Questions of law which, arose January 29, 1892, on the trial of defendants, Mary Campbell and John Belonge, and were certified here by the District Court of Becker County, Ira B. Mills, J. Defendants were indicted for the crime of adultery committed upon the White Earth Indian Reservation in Becker county, and were tried and found guilty. They moved in arrest of judgment, hut were overruled.

Appeal by defendant, Scott & Holston Lumber Co., a corporation, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered September 9, 1892, in favor of plaintiffs for $1,084.16. The plaintiffs, Charles W. Culver and Frank E. Culver, were partners in business at Duluth. One Archibald Campbell had a contract with the defendant to cut and get out saw logs for it. He needed oats, hay and feed for his teams.

Appeal by plaintiff, Alfred Shrimpton & Sons, (Limited), a corporation, from an order of the District Court of Redwood County, B. F. Webber, J., made January 14, 1893, denying its motion for a new trial.

Appeal by defendant, E'. L. Mabon, from an order of the District Court of Ramsey County, Hascal R. Brill, J., made October 28, .1892, denying his motion for a new trial. The plaintiff, Elizabeth L. Willis, loaned $2,684.48 to the defendant, St. Paul Sanitation Company, a corporation. She brought this action against the corporation and its stockholders to recover $1,-073.08, the unpaid balance of the money and interest.

Appeal by defendants, Little Falls Manufacturing Company, Charles A. Bullen and Charles F. Mayhew, from a judgment of the District Court of Morrison County, D. B. Searle, J., entered June 11,1892, decreeing that neither of them had any title to, or estate in, a large amount of lands and town lots in and near Little Falls in said county. The plaintiff, Ashley C. Morrill, brought this action, November 15, 1888, under 1878 Gf. S. ch. 75, § 2, and Ex. Sess.

Appeal by defendant, Charles A. Nimocks, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made November 19, 1892, denying his motion for a new trial.

Appeal by defendant, the National German-American Bank, from an order of the District Court of Bamsey County, J. J. Egan, J., made October 29, 1892, denying its motion for a new trial. On October 1,1889, the plaintiff, John-Jagger, left with defendant for collection, a note for $700 and interest, made by George S. Acker and indorsed by W. D. Cornish and W. M. Bushnell, due May 10, 1890. When it fell due it was not paid.

Appeal by Charles S. Sedgwick, one of the defendants, from a judgment of the District Court of Hennepin County, Thomas Canty, J., entered April 30, 1892. On February 1, 1890, the defendant Jerome F. Tubbs employed the defendant Charles S. Sedgwick, an architect, to make plans and specifications for a building which he proposed to construct on lot twelve (12) on block ten (10) in Penniman’s Addition to Minneapolis.

Appeal by plaintiff, St. Paul and Duluth Railroad Company, from an order of the District Court of Pine County, F. M. Crosby, J., made November 28, 1892, denying its motion for a new trial. • The plaintiff brought this action to restrain the defendant, the Village of Hinckley, from opening and improving South Main Street, across the tracks of its railroad. The Village was laid out and platted prior to 1871, and this street dedicated to the public.

Appeal by plaintiff, Eugene A. Hendrickson, from an order of the District Court of Ramsey County, J. J. Egan, J., made September 12, 1892, denying his motion for a new trial. The newly-discovered evidence on which the motion for a new trial was based, was that of George Wallbridge, that he witnessed a release by defendant, Bridget Tracy, of her mortgage on the residence lot, as well as the release of her mortgage on the business lot.

Appeal by the plaintiff, Union Railway Storage Company, from an order of the District Court of Hennepin County, Henry tí. Hicks-, J., made October 22,1892, sustaining a demurrer to the complaint. On June 15, 1891, the defendant, John R. McDermott, entered into a contract with the United States to furnish materials and construct, on the Military Reservation of Fort Snelling, six single sets of Officers’ Quarters, according to plans and specifications, for $23,894.

<p>•Contract Construed.</p> <p>A contract by the defendant, upon wboin rested no other obligation than that expressed, “to at once proceed to procure, and use all reasonable efforts to procure,” from a specified person, a release of her interest in certain land, construed as not an absolute undertaking to procure the release, but only to make reasonable effort to do so.</p> <p>Findings Supported by the Evidence.</p> <p>Evidence held sufficient to show that this duty had been performed.</p>

Appeal by defendant, William P. Heimbach, from an order of the District Court of St. Louis County, J. D. Ensign, J., made February 11, 1893, denying his motion for a new trial. Duluth, Minn., Feb. 18, 1892. ■Chas. Gasper, Chas. A. Peterson, Fond du Lac, Minn. Gentlemen: I will give you eight ($8) per M, Surveyor General scale, this district, for your logs marked “G. P.” numbering about 1,800 pieces, boomed and delivered to tug.

. Frank C. Bannock was accused of larceny and convicted in the Municipal Court of the City of Duluth. Questions of law arose on the trial which, in the opinion of the court, were so doubtful as to require the decision of this court. The defendant desiring it, the case was reported so as to present the questions and certified here. 187S G-. S. ch. 117, § 11; Sp. Laws 1891, ch. 53, § 46.

Appeal by plaintiff, O. W. Saunders, from an order of the District Court of Carlton County, O. P. Stearns, J., made January 14, 1893, denying his motion for a new trial. Between December 17, 1889, and June 5, 1890, James Gallagher, the defendant, cut, hauled and banked on St. Louis River, a quantity of saw-logs for the plaintiff.

Appeal by Chester B. Dickens and seven others, stockholders of the Minnehaha Driving-Park Association of Minneapolis, from an order of the District Court of Hennepin County, Seagrave Smith, J., made October 6, 1892. The Minnehaha Driving-Park Association was a corporation organized April 4, 1888, with a capital stock of $50,000, divided into shares of $50 each.

Appeal by defendants, Charles J. Berryhill and others, from a judgment of the District Court of Eamsey County, J. J. Egan, J., entered May 7,1892.

Appeal by plaintiff, Ellen Magner, as administratrix of the estate of Edmund Magner, deceased, from an order of the District Coir '■ of Hennepin County, Thomas Canty, J., made August 26, 1892, denying her motion for a new trial. On December 18, 1889, about nine o’clock in the forenoon, Edmund Magner, since deceased, was walking west on the south of Elm Street and crossing the track of the Minneapolis and St. Louis Railway Company.

Appeal hy plaintiff, Frank P. O’Neill, from a judgment of the District Court of Hennepin County, William Lochren, J., entered against him May 9, 1892, for $12.68 costs. The defendant, Anna R. Johnson, on April 16, 1891, commenced a civil action in a Justice’s Court against the plaintiff, Frank P. O’Neill, to recover rent of a dwelling-house leased by her to his father. She claimed that Frank P. agreed to pay the rent.

Appeal by defendants, Joseph Menard and Arthur L. Menard, from an order of the District Court of Hennepin County, Frederick Hooker, J., made October 17, 1892, denying their motion for a new trial. In April, 1890, the plaintiff, Samuel Fountain, and the defendants made an oral agreement to become partners in the purchase and improvement of lots ten (10) and twelve (12) in block four (4) in Morrison’s Addition to Minneapolis. Arthur L. Menard was the son of Joseph Menard.

'Appeal by plaintiffs, Rufus C. Jefferson and James Kasson, from an order of the District Court of Ramsey County, William Louis Kelly, J., made November 19, 1892, sustaining a demurrer to their complaint. On March 29, 1889, the Boston Northwest Real-Estate Company, a corporation, owned the lot and buildings on Sixth Street, St. Paul, known as “The Bodega,” and on that day leased the property to George Benz for five years next after May 1, 1889.

Appeal by defendant, Nichols & Shepard Co., a corporation, from an order of the District Court of Mower County, John Q. Farmer, J., made July 18, 1892, denying its motion for a new trial. On September 20, 1890, at Dexter, Minnesota, the defendant sold to the plaintiff, Benjamin F. King, a second-hand portable steam engine and separator for threshing and cleaning grain for $1,212, and warranted them to be well made and in good repair and condition.

Appeal by defendant, J. M. Beckman, from a judgment of the Municipal Court of the City of Duluth, Roger S. Powell, J., entered September 27, 1892. On September 1, 1889, the plaintiffs, George W. Norton and Martha R. Norton,.leased to defendant lot 86, block 2, in Duluth Proper, Third Division, for the term of three years next thereafter. The- tenant agreed to pay $150 per month rent, and at the expiration of the term to quietly yield and surrender the premises to the lessors.

Appeal by defendants, Peter Donahue et al., Executors, from an order of the District Court of Freeborn County, Thomas 8. Buck-ham, J., made August 9, 1892, denying their motion for a new trial. The plaintiff, Michael Donahue, for nearly three years after he became of age, remained at home living with, and working for, his father on his father’s farm in the town of Nunda.

Appeal by defendant, Joseph Steinkamp, from a judgment of the District Court of Eamsey County, Chas. D. Kerr, J., entered August 22,1892, against him for $605.83. The plaintiff, C. Gotzian & Co., is a corporation engaged in selling-goods. On June 20, 1889, Henry Kopp was its traveling salesman, and authorized to collect money due it for goods. The defendant was a customer, bought goods and paid its agent Kopp for them, but Kopp failed to pay over the money to plaintiff.

Appeal by defendant, Northern Pacific Railroad Company, from an order of the District Court of Clay County, Ira- B. Mills, J., made July 25, 1892, denying its motion for a new trial. Peder Lillstrom died February 20, 1890. He was injured in the manner stated in the opinion. Plaintiff, Ingri Lillstrom, his widow, was appointed administratrix of his estate, and brought this action under 1878 G-.

Appeal by defendant, Northwestern Mutual Accident Association, from an order of the District Court of Hennepin County, Seagrave Smith, J., made September 17, 1892, denying its motion for a new trial. The defendant is a corporation organized under the Laws of this State, doing business at Minneapolis, insuring its members against bodily injury caused by external, violent and accidental means.

Appeal by plaintiff, Edward W. Bowen, from an order of the District Court of Hennepin County, Chas. M. Pond, J., made December 2, 1892, denying his motion for a new trial. On March 20, 1890, Malinda Hellen leased to M. Whipple and H. W. Field lots nineteen (19) and twenty (20) in block one (1) in Stillmans’ Addition to Minneapolis, for the term of ten years from that date. The lessees agreed to pay $75 rent per month, payable monthly in advance.

Original information and petition of Jacob Barge presented April 20, 1893, for a writ of Mandamus to the District Court of Hennepin County. Held: in effect, that while it had original jurisdiction of actions of forcible entry and detainer, it could not grant the summary relief which a Justice's Court could grant upon the same facts and under the same circumstances.

Appeal by petitioner, Charles N. Proutv, from an order of the District Court of HennepiD County, Chas. M. Pond, J., made July 14, 1892, refusing to appoint a receiver in insolvency of the property of Morris L. Hallowell, Jr., and Samuel P. Snider.

Appeal by plaintiffs, Charles Page and E. S. Page, from an order of the District Court of Mille Lacs County, D. B. Searle, J., made September 8, 1892, denying their motion for a new trial. The plaintiffs are partners in lumbering at Anoka, near the mouth of Rum river. The defendant, Mille Lacs Lumber Company, is a corporation engaged in the business of logging and the manufacture of lumber at Milaca on the same river about seventy-five miles above Anoka.

Appeal by plaintiff, Joseph W. Hosmer, from a judgment of the District Court of Waseca County, Thos. S. Buckham, J., denying him a divorce from the defendant, Mary B. Hosmer. The appellant’s third assignment of error was as follows: “3rd. The court erred in not granting plaintiff a divorce.”

Appeal by defendant, St. Paul and Duluth Eailroad Company, from a judgment of the District Court of Pine County, F. M. Crosby, J., entered December 3, 1892, against it for $27.98. One O. E. Peterson was at work for defendant as brakeman during March, 1892, for which it owed him $50.53. He owed the plaintiff, Michael C. Dean, five dollars for board, and gave him an order upon the Eailroad Company for that amount.

Appeal by plaintiff, Betsey Wrolson, from a judgment of the District Court of Stearns County, D. B. Searle, J., entered July 9, 1892, dismissing her action. The plaintiff commenced this action before J. A. Berg, a Justice of the Peace at Belgrade, against Simon Anderson, defendant, to recover $20 damages for trespass on her land and cutting wood thereon without her consent. She obtained judgment December 13, 1889, for just $15, damages, and $25.05 costs.

Appeal by defendant, Judson W. Lee, from a judgment of tbe Municipal Court of the City of Minneapolis, Chas. B. Elliott, J., entered December 5, 1892. Tbe plaintiffs, M. O. Little and Alexander H. Nunn, were partners in business practicing law at Minneapolis, and bad been employed as sucb by Judson W. Lee and E.. W. Backus, co-partners, and bad acted for them as tbe'ir attorneys in several actions and matters in wbicb tbey were interested.

Appeal by plaintiff, Ellen Knies, from a judgment of tbe District Court of Hennepin County, Seagrave Smith, J., entered January 23, 1892, against her and in favor of defendant, E. P. Green, for costs.

Appeal by plaintiff, Hiram D. Gates, from an order of the Municipal Court of the City of St. Paul, John Tivohy, Jr., J., made February 9, 1893, denying his motion for a new trial of his action against William Banholzer.

Appeal by defendant, Peter P. Swenson, from an order of the District Court of Hennepin County, Seagrave Smith, J., made August 13, 1892, denying his motion for a new trial. Sidle-Fletcher-Holmes Company, a corporation, recovered a judgment August 17, 1891, in the District Court of Hennepin County, against Samuel Olson and Christine, his wife, for $239.53 for flour sold them.

Appeal by defendant, Andreas M. Rutan, from an order of the District Court of St. Louis County, J. D. Ensign, J., made July 28, 1892, denying his motion for a new trial. Held: and defendant appeals.

Appeal by plaintiff, Eugene Olivier, from a judgment of the District Court of Carver County, Francis Oadtcell, J., entered April 9. 1893. On August 18, 1891, the defendant, George Cunningham, of Watertown in Carver County, purchased in Minneapolis a traction steam engine and threshing machine. In taking them out into the country he ran the engine along Washington Avenue North. Plaintiff’s children were out driving with his horse and buggy, and met the engine on the avenue.

Appeal by defendant, John Peterson, from an order of the Municipal Court of the City of Duluth, Eric L. Winje, J., made March 24,1893, overruling his demurrer to the complaint.

Appeal by defendant John Hedman, from a judgment of the District Court of Carver County, Francis Cadwell, J., entered December 9, 1892, against him and John M. Carlson for $4,710.28. The plaintiff, the City of Chaska, is a Municipal Corporation, having a Common Council. On December 14, 1891, the City Council paid to the defendants, John Hedman and John M. Carlson, $4,500 as a bonus to induce them to engage in the business of manufacturing boots and shoes in that city.

Appeal by plaintiff,' James W. Griffin, from an order of the District Court of Scott County, Francis Oachvell, J., made February 13,1893, denying his motion for a new trial. The Russ-Jones Desk Company, a corporation, on October 27,1891, agreed with the officers of the City of Shakopee to remove its plant to that place, and establish and operate its factory there, and the city agreed to give it a bonus of §6,000. The Desk Company performed the contract on its part.

Appeal by Osgood True from an order of the District Court of Dodge County, Thomas S. Buekham, J., made December 28, 1892,. reversing an order of the Probate Court. On March 23, 1891, George B. Kidder, a resident of that county, departed this life intestate, unmarried and without issue. TTia-. only heirs and next of kin were O. P. Kidder, his brother, and Osgood True and George True, sons of deceased sister.

Appeal by defendant, the Duluth Street Railway Company, from an order of the District Court of St. Louis County, J. D. Ensign, J., made December 10,1892, denying its motion for a new trial. The plaintiff, Alexander McKillop, brought this action to recover damages for the loss of his left foot on February 4, 1892, under the wheels of one of defendant’s electric railway cars, while he was lying after dark on the track.

Appeal by defendant, Albert B. Clampet, from an order of the Municipal Court of the City of Minneapolis, C. B. Elliott, J., made January 17, 1892, denying his motion for a new trial. The plaintiff, Thomas B. O’Riley, brought this action to recover of defendant $337, for excavating a cellar on lots seven (7) and eight (8) in block four (4) in Stillman’s Addition to Minneapolis.

Henry Kluseman, Frederick Schumacher and Albert Schlenz were indicted in the District Court of Norman County, Ira B. Mills, J., and convicted under Penal Code, § 476, of placing obstructions upon the track of a railway. Questions of law arose upon the trial which in the opinion of the court were so important as to require the decision of this court. The defendants desiring it, the case was reported so as to present the questions, and certified here. 1878 Cf. S. ch. 117, § 11.

Appeal by plaintiffs, John Hart, Dennis A. Murphy and Charles F. Whaley, from an order of the Municipal Court of the City of St. Paul, H. W. Cory, J., made January 28, 1893, denying their motion for a new trial. Michael It. Curry was the keeper of the Richelieu Hotel in West Superior, Wis., and purchased of the plaintiffs, at St. Paul, 5,000 cigars, worth $300, and they were shipped to him, and he received and stored them in the basement of the hotel.

Appeal by defendant, Home Insurance Company of New York, from an order of the District Court of Eamsey County, Hascal R. Brill, J., made February 15, 1893, denying its motion for a new trial after verdict for plaintiff, James Moriarty, for $521.85.

Appeal by defendant, Minneapolis Street-Railway Company, from an order of the District Court of Hennepin County, Thomas Canty, J., made November 19,1892, denying its motion for a new trial. On April 23, 1892, the plaintiff, Lncins E. Watson, was driving east on Eleventh Avenue across the defendant’s railway tracks on Washington Avenue, South. He had four horses and a heavy load of lumber, about 4,000 feet, which he was delivering for a lumber company.

Appeal by plaintiffs, Zoe Eoussain and Francois Eoussain, Jr., from an order of the District Court of St. Louis County, D. B. tiearle, J., made December 24, 1892, denying their motion for a new trial. The plaintiffs are the heirs at law of Francois Eoussain, Sr., who died intestate June 3, 1885, seised in fee of the northwest quarter of section six, (6,) T. 48, E. 15, in St. Louis County. He received patents for the land in 1860. He and wife deeded it in 1867, to D. Geo.