Volume 57 — Minnesota Reports

Appeal by defendants, the City of St. Paul and the Board of County Commissioners of Ramsey County, from an order of the District Court of said county, John W. Willis and Charles D. Kerr, JJ.,… Held: he was removable at pleasure by the committee appointing him. State v. Alt, 26 Mo.

Appeal by defendant, the Milburn-Stoddard Company, a corporation, from an order of the District Court of Hennepin County, Thomas Canty, J., made September 5, 1893, denying its motion for a new trial. The plaintiffs, Robert L. McCormick and Elias J. Woolf, on October 22,1886, leased to defendant for five years their six story building on the corner of Third Avenue and Third Street in Minneapolis at an annual rental of $9,000 payable in monthly installments.

Appeal by plaintiff,- Robert C. Munger, from an order of the-District Court of Ramsey County, J. J. Egan, J., made June 20, 1893, denying his motion for a new trial. Plaintiff owns vacant lots ten, thirteen, fourteen, fifteen, sixteen, seventeen and eighteen, in Hunger’s subdivision of block thirty-three-in Arlington Hills Addition in St. Paul.

James Healy, Jr. was convicted before the Village Justice of the Village of Wykoff, of being intoxicated on a public street of that village, contrary to an ordinance. He appealed on questions of law alone to the District Court of Fillmore County, John Why took, J., where the conviction was affirmed. Upon Healy’s request the Judge reported the case so far as was necessary to present the question involved and certified the report to this court under 1878, G-. S. ch. 117, § 11.

Appeal by plaintiffs, Charles Steele, Jennie Abbott, Clara M. Slaymaker and Elizabeth M. Schwam, from a judgment of the District Court of Bamsey County, John W. Willis, J., entered December 6, 1893, that they take nothing by the action.

Appeal by Hazen M. Parker, administrator of the estate of Michael Glynn, deceased, from a judgment of the District Court of Hennepin County, Charles M. Pond, J., entered November 14, 1893, disallowing his claim for the expenses of his agent Peter Glynn in looking after the property of the estate and hunting up the next of kin.

Appeal by defendant, Peter Shipman, from an order of the District Court of LeSueur County, Francis Cadwell, J., made December 26, 1893, denying his motion for a new trial.

Appeal by defendant, William Meyer, from an order of the District Court of Jackson County, P. E. Brown, J., made February 8,. 1893, granting the motion of plaintiff, Joseph Hoffman, for a new trial. This action was to recover damages for an assault and battery. The answer was, son assault demesne. The parties were German. farmers who had quarrelled over the location of a comer stake between their lands. The evidence was conflicting.

Appeal by defendant, the Duluth and Iron Range Railroad Company, from an order of the Municipal Court of the City of Duluth, Roger S. Powell, J., made October 27, 1893, denying its motion for a new trial. The plaintiff, Eric Ericson, resided at Biwabik, a station on defendant’s railroad. The country was new and the railroad unfenced. He permitted his cow to run at large during the day time and graze on the commons and in the village streets.

Appeal by defendant, the St. Paul and Duluth Railroad Company from a judgment of the Municipal Court of the Village of West Duluth, T. C. Himebaugh, J., entered March 11, 1893, against it for $333.71. Twelve laborers worked for defendant during the season of navigation in 1892, in handling merchandise on its dock and in its fiourshed in Duluth.

Appeal by defendant, People’s Savings and Loan Association of Minneapolis, from an order of the District Court of Hennepin County, Henry Q. Hicks, J., made January 6, 1894, denying its motion for a new trial. The case is stated in the opinion of the court. cited First Nat. Bank v. Free, 67 Ia. 11; St. Paul Nat. Bank v. Cannon, 46 Minn. 95; Lowery v. Western Union Tel. Co., 60 N. Y. 198; Jung v. Second Ward Sav. Bank, 55 Wis. 364.

Appeal by defendant, the Fireman’s Insurance Company of Chicago, 111., from an order of the District Court of Hennepin County, Henry G. Hicks, J., made July 3, 1893, denying its motion for a new trial.

Appeal by plaintiff, the L. Kimball Printing Company, from a judgment of the District Court of Hennepin County, Henry G. Hicks, J., entered October 16, 1893.

Appeal by defendant, the St. Paul Plow Works, a corporation, from an order of the District Court of Bamsey County, John W. Willis, J., made July 29, 1893, denying its motion for a new trial. The plaintiff, Charles E. Nelson, was in the employ of defendant working in its machine shop in St. Paul. The trip hammer at which he was temporarily at work was worn and out of order. He quit work for a few days and on his return was told by the foreman that it had been repaired.

Appeal by contestant, Henry G. Blake, from an order of the District Court of Ramsey County, J. J. Egan, J., made November 4, 1893, denying his motion for a new trial. At a general election held in Ramsey County November 8, 1892, Henry G. Blake (Republican) and John A. Hogan (Democrat) were candidates for the office of county superintendent of schools for that county excluding the city of St. Paul. The board of canvassers on November 22,1892, declared Hogan duly elected.

Appeal by plaintiff, E. P. Alexander, from an order of the District Court of St. Louis County, J. D. Ensign, J., made September 11, 1893, sustaining a demurrer to' the complaint.

Appeal by defendant, the North Star Woolen Mill Company, a corporation, from an order of the District Court of Hennepin County, Thomas Canty, J., made July 8, 1893, denying its motion for a new trial. On Tuesday, July 5, 1892, the plaintiff Frank Truntle commenced work for defendant for eighty cents a day in its mill at Minneapolis, and on the next Saturday his left arm was injured in one of its carding machines. He was fifteen years old on August 4, 1892.

Appeal by plaintiff, the Pioneer Savings and Loan Company, a corporation, from an order of the District Court of Hennepin County, Seagrave Smith and Frederick Hooker, JJ., made July 11, 1893, denying its motion for a new trial. Elwood S. Cook owned lot seven in block sixteen of Calhoun Park Addition, Minneapolis, with the dwelling house thereon and on July 1, 1890, mortgaged it to plaintiff to secure the payment of $4,000 and interest.

Appeal by defendant, J. C. O’Gorman, from an order of the District Court of Washington County, W. G. Williston, J., made February 21,1893, denying his motion for a new trial. On March 6, 1891, J. S. Vandiver was the owner of a job printing press, thirty six fonts of job type, some large wood type and two cherry cabinets of the value of $400. On that day he mortgaged this property to David Tozer to secure the payment of his note for $150 and interest, due June 6, 1891.

Appeal by plaintiff, Hans Christofferson, from an order of the District Court of Marshall County, Frank Ives, J., made January 26, 1894, denying his motion for a new trial. The plaintiff owned a farm in Tamarack, Marshall County, and made a contract in 1890, with defendant William Howe to work it, raise wheat and deliver it to plaintiff, and was to be paid therefor one half of the money realized on the sale of the wheat.

Appeal by defendant, Aaron Fieldman, from an order of the Municipal Court of the City of Duluth, Erie L. Winje, J. made November 25, 1893, denying his motion for a new trial. On July 9', 1892, Charles W. Elston and Charles A. Britts were partners in business as bankers and ticket brokers at Duluth. They agreed with defendant on that day to sell to him and send to his brother’s family in Odessa, Russia, passage tickets from Hamburg, Germany, to Duluth in this state.

Appeal by plaintiff, the Village of West Duluth, from an order of the District Court of St. Louis County, J. D. Ensign, J., made October 14, 1893, overruling its demurrer to the answer. The plaintiff is a Municipal Corporation organized under Laws 1891, eh. 146.

Appeal by defendant, Frederick D. Hager, from an order of the District Court of Ramsey County, William Louis Kelly, J., made September 5, 1893, overruling his demurrer to the complaint.

Appeal by Alfred E. McCordic, Albert E. Geilfus and the International Bank of West Superior from tbe judgment of tbe District Court of St. Louis County, Charles L. Lewis, J., entered November 4, 1893, appointing Frank A. Day receiver of the property of George N. Bissell, insolvent, under Laws 1881, cb. 148, § 2, as amended by Laws 1889, cb. 30, § 2.

Appeal by defendants, Nathaniel G. Leighton and others, partners, from an order of the District Court of Hennepin County, Henry O. Hicks, J., made January 6, 1894, denying their 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.

Appeal by defendant, John P. Landin, from a judgment of the District Court of Marshall County, Frank Ives, J., entered August 24, 1893, against him for $198.43. On January 16, 1892, Engebregt N. Egeland was indebted to defendant in the sum of $208.70. To' secure its payment he on that day gave defendant a mortgage upon sixty-five acres of spring wheat which he intended to sow on his farm the next spring. This mortgage was filed February 4, 1892, in the town clerk’s office.

Appeal by defendants, James Leck and Angus McLeod, from an order of the District Court of Hennepin County, Robert D. Russell, J., made August 81,1898, sustaining a demurrer to their answer. On February 9, 1893, one George McLeod deposited with the Farmers and Merchants State Bank of Minneapolis $530 and took therefor its certificate in and by which the bank agreed to repay the money to his order twelve months thereafter with sis percent interest.

Appeal by defendants, John W. Willis and George M. Nelson, from an order of the Municipal Court of the City of St. Paul, H. W. Gory, J., made August 9, 1893, denying their motion for a new trial.

Appeal by defendant, Sabannah Hess, from a judgment of the District Court of Morrison County, L. L. Baxter, J., entered against her May 27,1898, for $596.67 in favor of plaintiff, Elizabeth C. Taylor, as administratrix of the estate of her deceased husband, James H. Taylor.

Appeal by defendant Helen M. Johnson, from a judgment of the Municipal Court of the city of St. Paul, John Twohy, Jr., J., entered December 9, 1893. The plaintiff, Aleck E. Johnson, was married to defendant July 18, 1876, at Lake City, Minnesota. He owned lot three (3) and the west half of lot two (2) in block thirty (30) of Rice & Irvine’s Addition to St. Paul, and he and wife lived in the house thereon up to 1890. It was their homestead.

Appeal by defendant, William C. Kennedy, from an order of the District Court of Marshall County, Frank Ives, J., made April 21, 1893, granting the motion of plaintiff, Henry Turner, for a new trial. In the fall of 1889, plaintiff built a portable frame dwelling house sixteen feet long by fourteen feet wide on the land of a railroad company with its license. The house was built on skids or timbers hewed in the shape of sleigh runners resting on boards lying on the ground.

<p>Appeal by defendant, Charles E. Sanders, from a judgment of the-District Court of Bock County, P. E. Broivn, J., entered May 15,, 1893, against him for $3 damages and $29 costs.</p>

Appeal by Charles Passavant, administrator with the will annexed of the estate of Horatio N. Thompson, deceased, from an order of the District Court of Bamsey County, Haseal 11. Brill, J., made May 16, 1893, denying his motion for a new trial. Horatio N. Thompson of West Middleton, Washington County, Pa., died testate November 3, 1808. He owned lots 56, 57, 53, and 59 in Whit acre, Brisbin & Mullen’s Subdivision of lots one (1) and two (2) of Leech’s Outlots in St. Paul.

Appeal by defendant, C. H. Kothe, from an order of the District Court of Bock County, P. E. Brown, J., made May 12, 1893, refusing his application for a new trial. The plaintiff, Ole Quelprud, worked for defendant as servant on his farm from March 25, to September 19, 1892, at $22 per month. He brought this action to recover $88.65 the unpaid balance of his wages. Defendant claimed that he had paid the man in full. The jury found for the plaintiff.

Appeal by defendant, the Tillage of Waterville, from a judgment of the District Court of Le Sueur County, Francis Caclwell, J., entered against it September 12,1893, for $150 damages and $150.35 costs and disbursements. The plaintiff, Alexander Blyhl, was a blacksmith forty years of age and resided in Waterville. On October 17, 1892, he went down town in the evening and on his return at about nine o’clock he went west along the sidewalk on the south side of Paquan Street.

Appeal by plaintiff, Mary A. Forepaugh, from a judgment of the District Court of Bamsey County, John W. Willis, J., entered December 2, 1893. On June 12, 1891, Joseph L. Forepaugh leased to the Seven Corners Bank, rooms on the corner of West Seventh and Eagle Streets in St. Paul for three years from and after September 1, 1891, to be occupied by it for its banking house. The bank agreed to pay him $80 rent each month in advance during the term.

Appeal by defendant, William H. Truesdale, Receiver of the Minneapolis and St. Louis Railway Company, from an order of the District Court of Waseca County, Thomas S. Buckham, J., made August 19, 1893, overruling his demurrer to the complaint.

Appeal by defendants, Nathan W. Prescott and John H. Doran, from an order of the Municipal Court of the City of St. Paul, John Twohy, Jr., J., made September 8, 1893, denying their motion for a new trial. John Olson bought of Nathan Ford Music Co., August 19, 1891, a music box in rosewood case for $80 and gave his note for that sum and signed a contract that the instrument should remain the property of the vendors until the note should be paid.

Appeal by Charles F. Sawyer, one of the defendants, from an order of the Municipal Court of the City of Minneapolis, Stephen Ma-honey, J., denying Ms motion for a new trial. • The plaintiff, Gust Lillyblad, and George W. Turnbull were partners in a supply business in Minneapolis. They borrowed $300 at the Swedish American Bank and gave it their note for the amount. Lillyblad soon after sold his interest in the firm to O. A. Bennett.

Appeal by plaintiffs, Andrew Nelson and B. P. Nelson, from a judgment of the District Court of Meeker County, Gorham Powers, J., entered September 22, 1893, that they take nothing by their action. A conversation or agreement should be given the interpretation the parties intended for it, if that intention can be ascertained from the language and conduct of the parties. If the minds of the parties meet the particular form of the language is immaterial.

Appeal by plaintiff, John A. Thoen, from an order of the District Court of Morrison County, L. L. Baxter, J., made February 7, 1893, denying his motion for a new trial. The defendant, Robert Roche, on June 17, 1875, purchased and has ever since owned and occupied the southeast quarter of section thirty one (31), T. 39, R. 30, in Morrison County. William Roche, defendant’s brother, in April, 1878, purchased the northeast quarter of the same section.

Appeal by defendants, Thomas M. Brown and Charles C. Shapleigh, from an order of the District Court of Marshall County, Frank Ives, J., made August 10, 1893, striking out their answer as sham. The plaintiff, Bardwell-Bobinson Company, is a corporation dealing in lumber at Minneapolis.

Appeal by defendant, tbe Chicago, Milwaukee and St. Paul Railroad Company, from an order of the District Court of Fillmore County, John Whytock, J., made September 11, 1893, denying its motion for a new trial. The plaintiff, Elmer Halverson, owned and occupied a farm on the line of defendant’s railroad near Peterson. There was a farm crossing on his land. The gate in the railroad fence on the south side of the track was defective.

Appeal by defendant, the Town of Lake Pleasant, from an order of the District Court of Polk County, Frank Ives, J., made March 19, 1894, denying its motion for a new trial. The plaintiff Xavier Tessier was a resident of the Town of Lake Pleasant in Polk County. He was a renter on a farm there. Armenia De Mars came to his house in August, 1891, and made it her home and worked out most of the time as a servant in the houses of the neighbors.

Appeal by defendant, Jacob Dobmeier, from an order of the District Court of Crow Wing County, G. W. Holland, J., made August 9, 1893, • granting a new trial under 1878 G-. S. ch. 66, § 253, as amended by Laws 1891, ch. 80, for inadequate and insufficient damages appearing to have been given under the influence of passion or prej'udice.

Appeal by plaintiff, William B. Mitchell, from an order of the District Court of Stearns County, L. L. Baxter, J., made June 24, 1893, denying his motion for a new trial. The plaintiff acquired tax titles to the east half of the northeast quarter of section eight (8), T. 122, B. 32, in Stearns County. One was based on the taxes delinquent prior to 1873. Another was on the taxes of that year and a third was on the taxes for the year 1877.

Appeal by plaintiff, William B. Mitchell, from an order of the District Court of Stearns County, L. L. Baxter, J., made June 24, 1893, denying his motion for a new trial. The plaintiff acquired tax titles to the east half of the southeast quarter of section eight (8), T. 122, R. 32, in Stearns County and sold it to defendant, John Chisholm, for $400, and took his notes.

Appeal by defendant, Frederick Schiek, from a judgment of the District Court of Hennepin County, William Loehren, Henry G. Hicks and Frederick Hooker, JJ., entered July 21, 1893, for the recovery of the possession of the premises in dispute.

Appeal by defendant, George Vetter, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made February 17, 1894, denying his motion for a new trial.

Appeal by plaintiff, Frank Slama, from a judgment of the District Court of Bamsey County, Charles D. Kerr, J., entered January 20, 1893, for costs. The line of railway from St. Paul to Mendota is owned jointly by the defendants, the Chicago, St. Paul, Minneapolis and Omaha Railway Company and the Chicago, Milwaukee and St. Paul Railway Company. It is kept in repair by the first named company, but at the joint expense of both.

Appeal by defendant, Oscar Younggren, from an order of the District Court of Kittson County, Frank Ives, J., made August 19, 1893, denying his motion for a new trial. The plaintiff, Andreas C. Haugen, lived on a homestead claim in the town of Red River in Kittson County with his family, and in the year 1889 raised thereon 325 bushels of wheat and 51 bushels of barley.

Appeal by defendant. Augustus K. Barnum, from an order of the District Court of Ramsey County, Hctscal R. Brill, J., made October 11, 1893, overruling his demurrer to the complaint. On December 22, 1891, Albert F. La Belle made and delivered to Thomas Brian his note by which he promised to pay to the order of Brian $6,000 three years thereafter with interest at the rate of eight per centum per annum payable semiannually represented by six coupons each for $240.

Appeal by plaintiff, Frederick B. Lathrop, from a judgment of the District Court of Washington County, W. C. Williston, J., entered August 22,1893, that he take nothing by his action. Exhibit B. Stillwater, Minn., August 15th, 1889. Memorandum of agreement between Frederick B. Lathrop and James S. O’Brien in relation to timber lands described as follows, situated in Pine County, Minn., and Douglass County, Wis.

Appeal by defendant, J. A. Shea, from a judgment of the District Court of Hennepin County, Henry G. Hicks, J., entered August 9, 1893, in favor of the plaintiff, Union Bank of Medina, and against him for $3,812.56. Appeal also by defendant from an order in the same action made September 19, 1893, denying his motion for a new trial.

Appeal by defendant, the Hurd Befrigerator Company, a corporation, from an order of the Municipal Court of the City of Duluth, Eric L. Winje, J., made November 7, 1893, overruling its demurrer to the complaint. This action was commenced August 25, 1893.

Appeal by defendant, Morris Thomas, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered December 7, 1892, against him for $428.02.

Appeal by defendants, Henry Kruse, Gottfried Kruse and Louis Kruse, from an order of the District Court of Blue Earth County, M. J. Severance, J., made August 31, 1893, denying their motion for a new trial. Action by David T. Potsdamer, Simeon M. Lyon and William K. Myer, copartners, to recover $86.35 balance due for merchandise sold. The case is stated in the opinion.

Appeal by defendants, William McKinley and Frederick W. Paine, from an order of the District Court of St. Louis County, D. B. Searle, J., made April 27, 1893, denying their motion for a new trial. Defendants owned eighty acres of land in Douglas County, Wis., and employed the plaintiff, Oliver R. Harris, to sell it for them and agreed to pay him for his services if he made a sale five per cent on the first $5,000 of the price and two and a half per cent on the residue.

Ca3e certified from the District Court of Pine County, F. M. Crosby, J., in proceedings under Laws 1893, ch. 150, to enforce payment of delinquent real estate taxes in that county. Ezra F. Lambert appeared and answered that he owned five hundred and sixty acres of the land describing it located near Sandstone Junction against which judgment was demanded for the taxes of the year 1879 and prior years and interest to the amount $4,553.40.

<p>Verdict not supported by the evidence.</p> <p>Evidence held insufficient to justify a finding that the execution of an instrument was procured by fraud. Canty, J., dissenting.</p>

Appeal by plaintiff, Arny Grundysen, from an order of the District Court of Polk County, Frank Ives, J., made March 22,1894, denying his motion for a new trial. On April 1, 1893, the treasurer of Polk County made a list of delinquent personal property taxes for the year, 1892, and delivered it to the clerk of the District Court of that county pursuant to 1878 G. S. ch. 11, § 58, as amended by Laws 1885, ch. 2, § 5.

Appeal by defendants, the Central Vermillion Iron Company, Emil Hartman and Richmond D. Mallett,. from an order of the District Court of Ramsey County, Hascal R. Brill, J., made November 11, 1893, denying their motion for a new trial. Albert Shelter obtained a judgment in the District Court of Ramsey County against the Iron and Land Company of Minnesota (Limited), a corporation, for $760,000 and it was docketed also in St. Louis County.

Appeal by Buckeye Publishing Company, one of the defendants, from an order of the District Court of Hennepin County, Seagrave Smith, J., made February 18, 1893, granting plaintiff’s motion for a new trial.

Appeal by defendant, Edward H. Steele, from an order of the District Court of Hennepin County, Thomas Canty, J., made September 9, 1893, denying his motion for a new trial. The plaintiffs, Simon Heavenrich and Samuel Heavenrich, of Detroit, Mich., sold goods to defendant, Edward H. Steele, of Minneapolis, and in August, 1888, he was indebted to them in the sum of $5,079.30.

Appeal by plaintiffs, Fred Bogers and Louisa H. Stickney, from a judgment of the District Court of Hennepin County, Henry G. Hicks, J., entered October 5, 1893, that they take nothing by their action. On May 18, 1885, Louisa H. Stickney and W. S. Porter leased to Bernhard A. Kruse and L. Gr.

The defendant, John Vollander, was indicted by the grand jury of Goodhue County, for the crime of adultery with Anna Lundberg the wife of Ole Lundberg. Being arraigned at October Term, 1893, he moved that the indictment be quashed on the ground that the husband, Ole Lundberg, gave evidence before the grand jury regarding the accusation and that the indictment was based thereon.

Appeal by defendant, Chicago, Milwaukee and St. Paul Railway Company, from an order of the District Court of Wabasha County, Charles M. Start, J., made September 5, 1893, denying its motion for a new trial. The plaintiff, Patrick Kennedy, was a laborer employed by defendant and on January 29, 1891, was assisting in repairing a pile bridge near La Moille.

Appeal by plaintiff, E. W. Shirk, from a judgment of the Municipal Court of the City of St. Paul, II. W. Cory, J., entered November 20, 1893. Plaintiff owns No. 473 Rosabel Street in St. Paul and on December 1, 1890, leased it to defendants, John H. Hoffman and Frank Hoffman, for one month from that date at the monthly rental of $12 payable in advance.

Appeal by defendant, the City of Duluth, from an order of the District Court of St. Louis County, Charles L. Lewis, J., made June 10, 1893, denying its motion for a new trial. Lakeside was a city, adjoining Duluth, until December 31, 1892, •when it was included within the boundaries of, and its liabilities assumed by, the latter city. Sp. Laws 1891, ch. 57, p. 645.

Appeal by defendant, Hans Christofferson, from an order of the District Court of Marshall County, Frank Ives, J., made January 29, 1894, denying his motion for a new trial. On April 27, 1891, the plaintiff, Felix Amort, sold and delivered to Tom Kieley one hundred and fifty bushels of seed wheat at $1.10 per bushel and took his note for the amount $105 due October 1, 1891, bearing ten per cent interest until paid.

Appeal by plaintiff, H. V. Rutherford, from an order of the District Court of Ramsey County, Charles E. Otis, J., made May 1,1893, •denying his motion for a new trial.

Appeal by defendant, J. R. McMurran, from an order of the District Court of Piamsey County, J. J. Egan, J., made August 26, 1893, denying his motion for a new trial. The plaintiffs, Patrick D. Twohy and Cornelius L. Twohy, were partners in business selling groceries at St. Paul. William H. Baker was about to open a restaurant in the Colonnade building on St. Peter Street in that city.

Appeal by plaintiffs, Edward Yanish and Samuel G-. Horsnell, from a judgment of the District Court of Bamsey County, J. J. Egan, J., entered September 22, 1893. The facts in this case are fully stated in the report of a former appeal, 49 Minn. 268.

Appeal by defendants, George W. Jenks and Addie G. Jenks, from an order of the District Court of Hennepin County, Robert Jamison, J., made November 11, 1893, sustaining a demurrer to their answer. The Fanners and Merchants Bank of Minneapolis being insolvent made an assignment June 20, 1893, of all its property to the plaintiff, St. Paul and Minneapolis Trust Company, under Laws 1881, ch. 148, as amended by Laws 1889, cli. 30, in trust for its creditors.

Appeal by defendant, David M. Swain, from an order of the district Court of Washington County, W. C. Williston, J., made July 34,1893, denying his application to vacate and set aside a judgment entered against him on default of answer. Appeal also from the judgment entered against him May 20, 1892, for $1,507.40 damages and costs.

Appeal by plaintiff, William S. Woodbridge, from an order of the District Court of St. Louis County, 8. H. Moer, J., made March 26, 1894, sustaining a demurrer to his complaint. Plaintiff is a resident, citizen and taxpayer of the City of Duluth and commenced this action March 16, 1894, against that city, the members of its common council and its other officers to restrain the issue and sale under Sp.

Information filed in this court December 14, 1893, by Henry W. Childs, Attorney General, praying that a writ issue to Charles H. Dart, commanding him to appear and show quo warranto he holds the office of County Treasurer of Meeker County.

Appeal by Jacob Ginsburg, one of the defendants, from a judgment of the District Court of Ramsey County, John W. Willis, J., entered November 10, 1893. The plaintiff, Leonard W. French, was on January 31, 1893, appointed receiver of the property of Samuel Rosenbaum, under Laws 1881, ch. 148, § 2, as amended by Laws 1889, ch. 30.

Appeal by R. P. Russell, one of the defendants, from an order of the District Court of Hennepin County, Charles M. Pond, J., made October 25, 1893, denying Ms motion to vacate a judgment entered against him January 6, 1893, for $5,413.70. On July 2, 1889, Timothy A. Bowen borrowed of the plaintiff, Peter Wolford, $4,000, and gave him his several note for that sum with interest at ten per cent a year due six months thereafter.

Appeal by plaintiff, Bertha Schulz, as administratrix of the estate of Julius Schulz, deceased, from an order of the District Court of Ramsey County, Chas.'D. Kerr, J., made July 6, 1893, denying her motion for a new trial. On June 19, 1891, Julius Schulz was at work as a section man for the defendant, Chicago Milwaukee and St. Paul Railway Company near Highwood Station in St. Paul and was struck by a train under the circumstances stated in the opinion.

Appeal by defendant, the Firemen’s Insurance Company of Chicago, 111., from an order of the District Court of Ramsey County, Charles D. Kerr, J., made September 25, 1893, denying its motion for a new trial after verdict in favor of plaintiff, Andrew Nippolt, for $857.20.

Appeal by defendant, John G-ieriet, from a judgment of the District Court of St. Louis County, Charles L. Leíais, J., entered against him May 20, 1898, for $1,660.29. On February 2, 1891, the plaintiff, Herman E. Long, leased the unfinished Tremont House, No. 12 Lake Avenue North in Duluth to defendant for three years from the time it should be completed. Defendant took possession in June, 1891, and opened the hotel.

Appeal by James Hess, executor, and Ella Dearborn, executrix, of the will of Timothy Hess, deceased, from an order of the District Court of Winona County, Charles M. Start, J., made August 1, 1893, denying- their motion for a new trial. Timothy Hess, a farmer residing in Wiscoy, Winona County, died testate in December, 1889. The will was after contest admitted to probate. In re Hess’ Will, 48 Minn. 504.

Appeal by defendant, Frederick A. Dunsmoor, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made December 9, 1893, striking- out his answer as sham. On December 2, 1889, defendant, Anson B. Jackson, made his negotiable promissory note for $1,119 payable to the order of Otis M. Humphrey three years thereafter with interest semiannually. Dunsinoor wrote his name across the back of this note and it was then delivered to Humphrey.

Appeal by plaintiffs, James N. Castle, 'William G-. Robinson and Edward S. Brown, executors of the will of Martin Mower, deceased, from an order of the District Court of Washington County, W. C. Williston, J., made December 26, 1893, denying their motion for a new trial.

Appeal by plaintiffs, Anthony Kelly, Joel B. Bassett, John C. Reno, William H. Holt and Martin Bueriening, from an order of the District Court of Hennepin County, Charles B. Elliott, J., made March 17, 1894, denying their motion for a new trial.

Appeal by defendant, J. P. Johnson, from an order of the District Court of Douglas County, D. B. Searle, J., made December 20, 1893, denying his motion for a new trial. On June 16, 1890, the defendant Johnson and fourteen others, farmers residing near McIntosh, bought an imported stallion of Thompson & Cowan and in part payment made their joint and several promissory note for $750 and interest payable to Thompson & Cowan or order on November 1,1892.

Appeal by defendants, Pabst Brewing Co. and Jos. Schlitz Brewing Co., two corporations, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered against them March 23, 1894, for $2,081.26. The defendants manufacture malt liquors at Milwaukee, Wis. and hare a joint agency for its sale at Duluth. They employed the plaintiff, Adolph H. Schlitz to drive a delivery wagon there and deliver beer at saloons.

Appeal by defendant, Ernest Otto, from an order of the District Court of Wright County, Seagrave Smith, J., made November 11, 1893, denying his motion for a new trial. On January 10, 1893, William Otto, a farmer of Wright county, died of consumption at Minneapolis where he had gone for medical treatment.

Appeal by plaintiff, Edward Fitzgerald, from an order of the District Court of Bamsey County, John W. Willis, J., made November 18, 1893, vacating a wait of attachment. Plaintiff commenced this action against defendant, J. Boyal McMurran, upon his note for $1,000 and interest dated December 22, 1892, due nine months thereafter.

Appeal by defendant, Seymour W. Brown, from an order of the District Court of Winona County, Chas. M. Start, J., made October 31, 1893, denying conditionally his motion for a new trial. The plaintiff, Lilla J. Clement, brought this action to recover damages for breach of defendant’s promise made at Minneapolis to marry her in the spring of 1893.

Appeal by defendants, Minneapolis and Northern Elevator Company and Wynkoop Leman, from an order of the District Court -of Polk County, Frank Ives, J., made November 29, 1893, denying their motion for a new trial. The defendant, Minneapolis and Northern'Elevator Company is .a corporation engaged in buying, storing and shipping grain at Angus. The other defendant, Wynkoop Leman, is its ■agent in charge of its grain house at that station.

Appeal by defendant, the State Bank of Duluth, from an order of the District Court of St. Louis County, Charles L. Lewis, J., made November 4, 1893, denying its motion for a new trial. Simon Clark & Co. of Duluth were in grocery trade and became embarrassed and called a meeting of their principal creditors for March 11, 1893.

Appeal by defendants, Moses Manston, John A. Bowman Jr., Courtney A. Buell and Benjamin Herrig, from a judgment of the District Court of Itasca County, G. W. Holland, J., entered July 12, 1893, against them for $104.67 damages and $70.21 costs. The plaintiff, L. H. Hawkins, brought this action for false imprisonment. At the trial November 2, 1892,' John Beckfelt was called as a juror and was challenged by defendants for actual bias.

Appeal by defendants, Daniel W. Lawler and Arthur B. Ancker, from a judgment of the District Court of Ramsey County, Charles D. Kerr, J., entered April 21, 1893, against them and others. The defendant, the St. Paul Banking and Investment Company, is a corporation organized September 1, 1887, under 1878 G-. S. ch. 34, Title 2, to buy, improve and sell lands and to deal in stocks and securities and loan money.

Appeal by plaintiff, Albert W. Powers, administrator of the estate of Albert S. Powers, deceased, from a judgment of the District Court of Fillmore County, Jno. Q. Farmer, J., entered June 3,1893, against him for costs, $54.59. Albert S. Powers, deceased, came to his death March 29, 1890, on the railway of the defendant, the Chicago Milwaukee and St. Paul Railway Company, at Fountain in the manner stated in the opinion.

Appeal by defendants, Annie L. Marshall, L. I). Marshall her husband, Maria Munch, William Munch, her husband, Emma E. Kelsey and W. E. Kelsey, her husband, from an order of the District Court of Polk County, Frank Ives, J., made January 13, 1894, refusing their motion for a new trial. In the United States survey of the public lands where Crookston is nowr situated the elbows of the Ked Lake Elver broke up into lots the ordinary government subdivisions.

Appeal by claimant, Howe Lumber Company, a corporation, from an order of the District Court of St. Louis County, Charles L. Lewis, J., made December 2, 1893, denying its motion for a new trial of its claim against the estate of Iron Bay Company, insolvent.

Appeal by Minnesota Title Insurance and Trust Company, one of the defendants, from an order of the District Court of Hennepin County, Thomas Canty, J., made December 14, 1893, overruling its demurrer to the complaint On October 13, 1892, defendant Oliver B. Whitney was indebted to the plaintiff John D. Cleghorn in the sum of $6,000 and interest, past due.

On October 18, 1893, the grand jury of Ramsey County brought into court an indictment against C. E. Corbett accusing him of the crime of selling a railroad ticket without a certificate or license authorizing him to engage in the sale of transportation tickets of common carriers.

Appeal by Charles K. Sherburne, one of the defendants, from an-order of the District Court of Hennepin County, Thomas Canty, J.,. made November 29, 1893, denying his motion for a new… Held: sustaining the lower court, which had granted a new trial on that ground, that before a deposition so taken can be used the causes or reasons specified in 1878 G. S. ch. 73, § 16, must be shown to have existed for its taking and to still exist when the deposition is offered in evidence.

Appeal by George H. Fletcher former assignee of the insolvent State Bank of Minneapolis, from an order of the District Court of Hennepin County, Henry G. Hicks and Charles M. Pond, JJ., made November 25,1893, allowing in part and disallowing the residue of his final account as such assignee. On June 27,1893, the State Bank made an assignment of its property under Laws 1881, ch. 148, as amended to George H. Fletcher in trust for its creditors.

Appeal by defendant, Northern Pacific Railroad Company, from an order of the District Court of Ramsey County, John W. Willis, J., made October 25, 1893, denying its motion for a new trial after verdict for plaintiff, Thomas G-. Neal, for $18,525. The conclusion of the jury that the plaintiff and the quarry crew were not fellow servants has no possible weight, for it is not left to a jury to define who are or who are not fellow servants.

Appeal by Fred W. Smith, one of tbe defendants, from a judgment of tbe District. Court of St. Louis County, J. D. Ensign, J., entered November 25,1893. On June 26, 1893, tbe defendant Fred W. Smith made and delivered to tbe plaintiff tbe Bank of Commerce of West Superior Wis., bis promissory note whereby be promised to pay to its order ninety days thereafter $1,750 with interest at tbe rate of ten per .cent per annum.

Appeal by William Willford, Executor of the will of John Ward, deceased, from an order of the District Court of Fillmore County, John Whytock, J., made February 16, 1894, denying his motion for a new trial. On December 22, 1888, John Ward, deceased, sold and delivered to claimant, Lawrence Lynch of Houston County, an imported English Shire stallion called Brown George for $1,500.

Appeal by plaintiff, Julius Rees, from an order of the Municipal Oourt of the City of Minneapolis, G. B. Elliott, J., made November 18,1893, granting the motion of defendant, Adolph Lowy, for a new trial.

Appeal by defendant, M. L. Gladson, from a judgment of the District Court of Pine County, F. M. Crosby, J., entered January 16, 1894. Defendant was a locomotive engineer engaged with an engine in hauling the afternoon through passenger train between St. Paul and Duluth. On July 22, 1893, he run his train as usual through the village of Pine City, county seat of Pine County, at about four o’clock in the afternoon without stopping.

Appeal by Yellow Medicine County Bank, from an order of tbe District Court of Polk County, Frank Ives, J., made November 2, 1893, denying its motion for a new trial.

Appeal by defendants, H. C. Burbank, B. F. Bloomingdale and F. H. Campbell, from an order of the Municipal Court of the City of St. Paul, II. W. Cory, J., made December 16, 1893, denying their motion for a new trial.

Appeal by plaintiff, Sam R. Fide, from a judgment of the District Court of Swift County, Gorham Poivers, J., entered June 8, 1893. Plaintiff was in possession of and claimed to own in fee the north half of the southwest quarter and the south half of the northwest quarter of section twenty three (23), T. 121, R. 39, in Swift County and commenced this action October 15, 1891, under 1878 G. S. ch. 75, § 2, to determine the adverse claims of the defendant, Nathaniel P. Clarke.

Appeal by defendant, the Crookston Water Works Power and Light Company, from an order of the District Court of Polk County, Frank Ives, J., made December 4, 1893, denying its motion for a new trial. On April 27, 1892, defendant entered into a contract with plaintiff, E. C. Davis, and Henry Nolan, by which they agreed to build a power house for it.

Appeal by defendant, the Duluth Street Railway Company, from an order of the District Court of St. Louis County, C. L. Brown, L, made February 17,1894, denying its motion for a new trial, The facts in this case are fully stated in the report of a, former appeal, 53 Minn. 532. The second trial occurred September 9,1893. The jury returned a verdict for plaintiff and assessed Ms damages at $7,500.

Application to this court June 4, 1894, by George R. Whitcomb, Carman N. Smith and eight others, relators, for leave to file an information in the nature of quo warranto against W. E. Lockerby and S. A. Locke for intruding into and usurping the offices of directors, president and vice-president of the Northern Shadecloth Co., a corporation created under 1878 G. S. ch. 34, Title 2.

Appeal by Daniel H. Moon, receiver, from an order of the District Court of Clay County, D. B. Searle, J., made October 26, 1893, denying his motion to vacate its order and decision regarding his final account. James Shea of Glyndon in the winter of 1890-1 went to Massachusetts on a visit leaving his agent Sliarpstein in charge of his business. Shea was taken sick and did not return as expected.

Appeal by defendant, Chicago, St. Paul, Minneapolis and Omaha Bailway Company, from an order of the District Court of Bamsey County, Hascal Ii. Brill, J., made November 13, 1893, overruling its demurrer to the complaint. The complaint does not contain sufficient allegations of special damage to the plaintiff to enable him to recover. Shaubut v. St. Paul & S. C. R. Co., 21 Minn. 502; Simmer v. St. Paul, 23 Minn. 408; Rochette v. Chicago, M. & St. P. Ry.

Appeal by defendant, Michael M. Madigan, from an order of the District Court of Bed wood County, B. F. Webber, J., made March 8, 1894, denying his motion for a new trial. Defendant was indicted by the grand jury on November 18, 1893, for the crime of perjury in swearing before a Notary Public on April 5, 1893, to an affidavit stating that he was attorney for Peter N. Romnes and that Halver T. Helgeson and Ole H. Mogan were indebted to Romnes in the sum of $500.

Appeal by the defendants, the Board of County Commissioners of the County of Le Sueur, O. H. Chapman, Chairman, and Michael Keogh, County Auditor, from an order of the District Court of Le Sueur County, Frances Cadwell, J., made March 13, 1894, refusing to dissolve an injunction.

Appeal by defendant, W. H. Fisher, from an order of the District Court of Polk County, Gorham Powers, J., made November 10,1893, denying his motion for a new trial.

Appeal by Tedy Richard, Louis Berry and fourteen others, defendants, from an order of the District Court of Polk County, Ira B. Mills, J., made December 27,1892, granting the plaintiff, Nicholas P. Valerius, a new trial after verdict for defendants.

Appeal by plaintiff, Harriet L. Ortman, from an order of the District Court of Hennepin County, Charles M. Pond,, J., made September 4, 1893, denying her motion for a new trial. On September 13, 1877, Ernest Ortman owned in fee Lots 3, 4, 5, 6 and 7 in Block 20 in Mill Company’s Addition to St. Anthony Falls, now a part of the City of Minneapolis. The plaintiff was his wife.

Appeal by defendants, Rufus C. Jefferson and James Kasson, from an order of the District Court of Ramsey County, Wm. Louis. Kelly, J., made October 7, 1898, overruling their demurrer to the complaint. The plaintiff, the Walter A. Wood Harvester Company, is a corporation organized in January, 1892, under the laws of this state, with a capital of $2,500,000 divided into shares of $100 each.

Appeal by defendant, the Northwestern Consolidated Milling 'Company, a corporation, from an order of the District Court of Hennepin County, Thomas Canty, J., made December 2, 1893, denying its motion for a new trial. The plaintiff, George Eothenberger, was employed to dust the machines and sweep one of the floors in defendant’s flouring mill •at Minneapolis. He commenced work in January, 1892.

Appeal by plaintiff, Amanda Gates, from an order of the District Court of Hennepin County, Robert D. Russell, J., made November 20,1893, sustaining a demurrer to her complaint. The defendants, James H. Ege, as Sheriff of Hennepin County, the Northwestern Mutual Life Insurance Company, the Chadbourn Finance Company and Daniel Fish, demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action.

Appeal by defendant the National Masonic Accident Association of Des Moines, Iowa, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made September 22, 1893, denying its motion for a new trial. The plaintiff, Edwin C. Whitney, was insured June 2, 1890, by defendant.

Appeal by defendant, James E. Connelly, from an order of the District Court of St. Louis County, Charles L. Leivis, J., made January 18, 1894, denying Ms motion for a new trial after conviction of the crime of rape.

Appeal by defendant, John Zelch, from an order of the District Court of Bamsey County, Chas. D. Kerr, J., made December 26, 1893, denying his motion for a new trial. On November 19, 1891, at St. Paul, defendant made and delivered to Daniel Dunham his promissory note dated that day whereby he promised to pay to the order of said Dunham at Wayne, 111., five hundred dollars and interest on or before January 1,1893.

Appeal by Elizabeth D. Bouck and John S. Bouck her husband, from a judgment of the District Court of Mille Lacs County, D. B. Searle, J., entered November 24, 1893. On September 8,1892, John Bouck, Jr., entered into an agreement with the appellants to submit to arbitration all demands between him and them and that judgment should be entered on the award.

Appeal by defendant, John S. Bower, from an order of the District Court of Hennepin County, Henry O. Hicks, J., made January •6, 1894, denying his motion for a new trial. The plaintiff, Catharine Schultz, owns vacant lots sixteen, eighteen and nineteen in Auditor’s Subdivision No. 33 on the left bank of the Mississippi River in Minneapolis. Defendant owns the adjacent land on the south and manufactures brick there.

Appeal by plaintiff, Jacob Barge, from an order of tbe District Court of Hennepin County, Seagrave Smith, J., made January 6, 1894, sustaining tbe demurrer of John Van Der Horck, defendant, to bis complaint. The facts are stated in tbe opinion and in Mueller v. Barge, 54 Minn. 814.

Appeal by plaintiff: from an order of the District Court of Hennepin County, Charles M. Pond, J., made December 26, 1893, denying his motion for a new trial. William Clendenin was on November 1, 1856, the owner of the southeasterly part of Block 82 in Minneapolis fronting southeast 339 feet on Hennepin avenue between Fourth and Fifth streets. He and wife on that day gave a power of attorney to Gordon Jackins authorizing him to sell and convey any and all his real estate.

Appeal by defendant, the Life Indemnity and Investment Company, from an order of the District Court of Houston County, Jno. Whytoch, J., made February 6, 1894, denying its motion for a new trial. Defendant is a corporation organized October 10, 1881, under the laws of Iowa and doing business at Waterloo in that state. On December 80, 1882, Herman Colby took out a certificate of membership in the company for the sum of $2,500.

Appeal by defendant, the National Live Stock Insurance Company, from an order of the Municipal Court of the City of St. Paul, H. W. Cory, J., made November 11, 1893, denying its motion for a new trial. On March 27, 1893, defendant insured one Charles Dewitt to the amount of $100 for one year against loss by death of his sorrel gelding horse seven years old named Jeff valued at $125.

Information filed in this Court March 14, 1894, by H. W. Childs, Attorney General, stating that more than thirty persons resident in the limits of a proposed village, presented to the Board of County Commissioners of Hennepin County, March 19, 1892, their petition under Laws 1885, ch. 145, as amended by Laws 1887, ch. 62, asking the Board to appoint a time and place for the electors to vote for, or against, the incorporation of the territory as a village, to be named…

Appeal by defendants Edward Thompson and Ara D. Sprague, from an order of the District Court of Houston County, John V/hy~ took, J. made November 24, 1893, denying their motion for a new trial. The plaintiffs, Wm.

Appeal by defendants, Levi L. Coolt, Willis H. Manley and Eliza Boos, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made November 27,1893, overruling their demurrers to the complaint. The plaintiff, Hans H. Olson, on July 7, 1892, deposited in the State Bank of Minneapolis $123.60 and took a certificate due in one year. On August 30, 1893, he recovered judgment thereon against the bank for $139.13.