Volume 59 — Minnesota Reports

Appeal by defendant, N. T. Davies, from a judgment of the District Court of Ereeborn County, John Whytoclt, J., entered July 3, 1894. On February 16, 1894, Davies commenced an action in Justice’s Court against Ole P. Gederholm. The summons returnable February 28, 1894, was delivered to a constable to be served. He made return thereon that he had personally served it.

Appeal by plaintiff, August Kreger, from an order of the District Court of Sibley County, Francis Cadwell, J., made January 24, 1894, denying his motion for a new trial.

Appeal by plaintiffs, the State of Minnesota and Silas Braley, from a judgment of the District Court of Winona County, M. J. Severance and Charles M. Start, JJ., entered June 28, 1894, in favor of the defendant, John F. Ggy. At the general election held November 8, 1892, under Laws 1891, ch. 4, plaintiff Silas Braley was the republican candidate for sheriff of Winona County and defendant John F. Gay was the democratic candidate.

Appeal by Manufacturers Investment Company, a corporation, from an order of tbe District Court of Ramsey County, Chas. E. Otis, J., made January 30, 1894, sustaining a demurrer to its answer. The defendant the St. Paul Ice Company is a corporation created under the laws of this state and is insolvent. The plaintiff Mary Y. Moore recovered judgment against it April 13, 1893, for $2,131.15 and an execution thereon was returned unsatisfied.

Appeal by plaintiff, Henry J. Willis, from an order of the District Court of Winona County, Chas. M. Start, J., made December 16, 1893, sustaining a demurrer to his complaint. Front street in the city of Winona is seventy feet wide adjacent and parallel to the southerly bank of the Mississippi river. Main street is one hundred feet wide and runs southerly from the river, crossing Front street at a right angle.

Appeal by defendant, the Great Northern Railway Company, from an order of the District Court of Wilkin County, Galvin L. Brown, J., made July 24, 1894, denying its motion for a new trial.

Appeal by defendant, Th,e Minnesota Packing and Provision Company, a corporation, from an order of the District Court of Hennepin County, Charles B. Elliott, J., made March 24, 1894, denying its motion for a new trial. The Travelers’ Insurance Company of Hartford, Conn., on December 11, 1872, insured the life of Hugh W. Hogue in the sum of $2,000 payable to his wife the plaintiff, Sarah J. Hogue. The policy contained this provision, “Ninth.

Appeal by defendant, the St. Paul City Eailway Company, from an order of the District Court of Ramsey County, Chas. E. Otis, J., made January 22, 1894, denying its motion for a new trial. April 28, 1893, the plaintiff Charles Kennedy was a laundryman. . He undertook to drive his laundry wagon across the street railway tracks in Wabasha street, between Eighth and Ninth streets, St. Paul.

Appeal by defendant, Phoebe A. Roberts, from an order of the District Court of Ramsey County, J. J. Egan, J., made April 24, 1894, overruling her demurrer to the complaint. Appeal also by defendant, Nellie C. Roberts, from another order of the same court made at the same time in the same action overruling her separate demurrer to the same complaint.

Appeal by defendants, Simon Clark, William A. Cant and Robert F. Fitzgerald, from an order of the District Court of St. Louis County, S. H. Moer, J., made March 10, 1894, denying their motion for a new trial.

Appeal by defendant, Nehemiah P. Clarke, from an order of the District Court of Wadena County, G. W. Holland, J., made March .1.4,1894, denying his motion for a new trial. Appeal also by defendant from an order of the same court made December 4, 1893, amending a tax judgment entered in said court August 3, 1883.

Appeal by defendants, William B. Silvey, Alfred E. McCordic, Wilson G-. Crosby and John F. Cargill, from an order of the Municipal Court of the City of Duluth, Eric Winje, J., made January 15, 1894, overruling their demurrer to the complaint.

Appeal by defendant, David Tozer, from a judgment of tbe District Court of Washington County, W. C. Williston, J., entered July 23,1894, against him and in favor of plaintiff, Thomas J. Yorks, for $520.11 damages and costs. Partners owe to each other the most scrupulous good faith.

Appeal by plaintiffs, Sylvester Kipp and Orrin Kipp, from a judgment of the District Court of Chisago County, F. M. Crosby, J., entered September 1, 1893, adjudging tbat they are not owners of the land in dispute. On September 26, 1881, the plaintiffs owned sixty seven acres of land in the north half of the southeast quarter of section thirty one (31) T. 34, E. 21 in Cliisago County.

Appeal by plaintiff, George T. Murray, as executor of tbe will of Daniel Murray, Senior, deceased, from an order of the District Court of Hennepin County, William Lockren, J., made July 2, 1S92, denying his motion for a new trial. C. G. Wolcott & Co., graindealers at Minneapolis had a grain warehouse at Waterville, Le Sueur County, at which they stored grain and dealt in it. Daniel Murray, Jr., was. their agent at that place.

Appeal by defendant, Albert E. Humphreys, from an order of the-District Court of St. Louis - County, Chas. L. Lewis, J., made September 13, 1893, denying-his motion for a new trial. Defendant was a dealer in iron-ore lands and in mining stocks at No. 606 Lyceum Building, Duluth. The plaintiff, George H. Crosby, went to his office March 18,1898, to talk with him regarding some leases of iron-ore lands in which he claimed an interest with Humphrey.

Appeal by the defendant, William G-. White, from an order of the District Court of Fillmore County, John Whytock, J., made September 19, 1893, denying his motion to change the place of trial of the action from Fillmore County to Ramsey County. The plaintiff, Jere Allis, brought this action June 29, 1893, in Fillmore County where he resides to recover of defendant who resides in Ramsey County, $800 the purchase price of two Holstein cows sold by plaintiff to defendant.

Appeal by defendant, Charles C. Dunn, from an order of the District Court of Hennepin County, Seagrave Smith, J., made November 18, 1893, overruling his demurrer to the complaint. George M. Fish, Senior, owned and occupied No. 2622 Nicollet Avenue, Minneapolis, and defendant owned and occupied the adjacent lot on the north. On the line between the lots was a shed and driveway to it from the street.

Appeal by defendant, William. P. Heimbach, from an order of the District Coart of St. Louis County, Calvin L. Brown, J., made 'January 5, 1894, denying his motion for a new trial. The plaintiffs Charles Gasper and Charles A. Peterson of Fond du Lac accepted an offer made to them by defendant to buy of them a quantity of pine sawlogs then in the St. Louis river or partly on the bank at the foot of Peterson’s Island, a few miles up that river from Duluth.

Appeal by defendant, John Wilson, from an order of the District Court of Lae qui Parle County, Gorham Powers, J., made February 6, 1894, dismissing Ms appeal to that court from the judgment of a justice of the peace of that county. Albert T. Mills, plaintiff, obtained judgment November 27, 1893, in justice’s court against defendant in proceedings under 1878 G. S. ch. 84, for the restitution of the southwest quarter of section 24, T. 117, E. 42, in that county.

Appeal by plaintiff, Wyman Elliot, from an order of the District Court of Hennepin County, Robert D. Russell, J., made March 24, 1894, denying his motion for a new trial. The plaintiff, a resident taxpayer of the City of Minneapolis, commenced this action November 8, 1893, against that city, William H. Eustis, mayor, W. G-.

Appeal by defendant, St. Cloud Fiber-Ware Company, a corporation, from an order of the District Court of Stearns County, L. L. Baxter, J., made March 7, 1894, denying its motion for a new trial, if plaintiff consent to reduce his verdict from $5,640 to $3,140. On June 13, 1893, plaintiff Henry Scharenbroich was a servant of defendant at work as a common laborer in its pulp and paper mill at St. Cloud. The mill was operated by water power.

Appeal by plaintiff, Magdalena Hanson, from an order of the District Court of Goodhue County, W. C. Willis ton, J., made February 28, 1894, denying lier motion for a new trial. Appeal also by defendant, Violet Hanson, by her guardian ad litem, from the same order denying a .new trial of the action. On February 28, 1882, the defendant the Minnesota Scandinavian Relief Association was a corporation engaged at Red Wing in assessment mutual life insurance.

Appeal by defendant, the J. I. Case Threshing Machine Company, from an order of the District Court of Cottonwood County, P. E. Brown, J., made March 5, 1894, sustaining a demurrer to the answer. Frank Sykora Jr. and Ira Harper bought of Defendant September 6, 1894, a separator for threshing grain which that corporation had manufactured at Eacine, Wis.

Appeal by defendant, St. Paul and Duluth Railroad Company, from an order of the District Court of Ramsey County, Chas. E. Otis, J., made March 8, 1894,. granting plaintiff, Myron J. Butler, a new trial after verdict against him.

Appeal by defendant, Edward L. Shipherd, from a judgment of the Municipal Court of the City of Minneapolis, C. B. Elliott, J., rendered January 29, 1894. The plaintiff, Colby E. Sanborn, on August 3, 1890, bought of defendant Shipherd a horse, buggy and harness and agreed to pay $200 therefor. He paid $2.50 and was to pay the balance that day, and take the property. In the afternoon he went to Shipherd and asked for the property.

The defendant, Fred W. Farrington, was indicted April 5, 1894, in the District Court of Hennepin County for the crime of grand larceny in the first degree.

Appeal by defendant, John H. Rieger, from a judgment of the District Court of McLeod County, Francis Cadwell, J., entered June 2, 1894, that he is guilty of removing stored grain from his warehouse at Glencoe without authority of the owner and that he be punished therefor by confinement at hard labor for two years in the penitentiary at Stillwater.

Appeal by defendant, A. Newman, from an order of the District Court of Otter Tail County, L. L. Baxter, J., made April 10, 1894, denying his motion for a new trial after verdict for plaintiff for $180. After plaintiff rested his case defendant moved the court to dismiss the action on the ground that plaintiff had not proved facts sufficient to constitute a cause of action. The court refused and •defendant excepted.

Appeal by defendant, Chicago, St. Paul, Minneapolis and Omaha Railway Company, from an order of the District Court of Pipestone County, Frances Cadwell, J., made July 3, 1894, denying its motion for a new trial. If the strict liability of the defendant as a common carrier had not, as a matter of law, expired before these goods were stolen, it was at least a question for the jury whether or not it had so expired.

Appeal by defendants, Lewis E. Peterson as administrator of the estate of Chas. M. Cushman, deceased, and Frances Cushman widow, from an order of the District Court of St. Louis County, S. H. Moer, J., made March 24, 1894, denying their motion for a new trial. In April, 1886, the plaintiff, Samuel A. .Davis of Boston, Mass., sent to Chas.

Appeal by plaintiff, O. W. Miller, from a judgment of the District Court of Winona County, Chas. M. Start, J., entered March 7, 1893, dismissing the action on its merits. The Chicago, Burlington and Northern Railroad Company acquired a right of way September 26, 1889, for its railroad track along the center of Second Street in Winona. Plaintiff owned and occupied lot six (6) in block'ten (10) of Laird & Hamilton’s Addition. It fronted upon Second Street and was his homestead.

Appeal by plaintiffs, F. W. Bergmeier and Robert Willius, from an order of the District Court of Ramsey County, J. J. Egan, J., made March 22, 1894, sustaining a demurrer to their complaint.

Appeal by plaintiffs, William W. Edwards, John Edwards and Isaac N. Bushong, from an order of the District Court of Hennepin County, Charles M. Pond, J., made March 9, 1894, denying their motion for a new trial. The plaintiffs manufacture staves at Mancelona, Mich.

Appeal by defendant, the Manchester Fire Insurance Company from an order of the District Court of St. Louis County, S. H. Moer, J., made March 13, 1894, denying its motion for a new trial after verdict for plaintiff, Matt Anderson, for $800.

On June 7, 1894; Dwight M. Sabin filed in this court his verified petition asking that the respondent, Jasper N. Searles, an attorney and counsellor of this court practising at Stillwater, be removed and disbarred. The petition stated that said Jasper N. Searles and one Fred.

Petition of Dwight M. Sabin filed June 7, 1894, in this court asking that respondent, Fred W. Gail, an attorney and counsellor of this court, practising at Stillwater, be removed and disbarred. The facts are sufficiently stated in the previous case. In re Jasper N. Searles, ante p. 196.

Appeal by plaintiff, Timothy G-. Vaughn, from an' order of the District Court of St. Louis County, Chas. L. Lewis, J., made March 17, 1894, denying his motion for a new trial. At Duluth on December 3, 1893, defendant John McCarthy employed the plaintiff to sell within fifteen days thereafter 1,400 acres of wild land in Washburn county, Wis., for one dollar per acre net to defendant, and agreed to pay him for his services all he should sell it for above that price.

Appeal by defendants, J. McGill Smith and Herbert B. Harwell, from an order of the District Court of Kamsey County, Chas. D. Kerr, J., made March 24, 1894, denying their motion for a new trial. On December 1, 1890, the plaintiff, J. S. Keller, owned a lot of household furniture valued at $600 and delivered it that day to defendants to be stored for hire in their warehouse, No. 341 East Seventh Street, St. Paul.

Appeal by defendant, Milton A. Sprague, from an order of the District Court of Hennepin County, Henry G. Hicks, L, made March 24,1894, sustaining a demurrer, to his answer. On November 7, 1885, Carl A. Anderson owned a part of lot ten (10) in block thirty-nine (39) on First avenue south near Second street in Minneapolis.

Appeal by plaintiff, Simon J. Dietel, from a judgment of the District Court of Hennepin County, Thomas Ganly, J., entered February 14, 1894, in his favor for one dollar damages.

Appeal by defendant, Roswell M. Lyons, from an order of the Municipal Court of the City of Duluth, Eric L. Winje, J., made January 31, 1894, denying his motion for a new trial. Charles Hill recovered a judgment October 16, 1893, in the Municipal Court of Duluth against John B. Weimer for $67.56. An execution thereon was issued that day and delivered for service to Frank Hoffman, chief of police of that city.

Appeal by defendants, the State Bank of Minneapolis and William J. Hahn as its assignee, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made April 14-, 1894, overruling the separate demurrers of each to the complaint of plaintiff, Charles H. Dunn. The State Bank of Minneapolis ivas organized as a corporation prior to January 1, 1880, under the state banking laws, 1878 G. S. ch. 33, and amendments. Kristian Kortgaard was its principal stockholder.

Appeal by plaintiff, the Pioneer Savings and Loan Company, from an order of the District Court of Hennepin County, Charles M. Pond, J., made March 9, 1891, denying its motion for a new trial.

Appeal by defendant, Samuel Dearing, from an order of the District Court of Ramsey County, John W. Willis, J., made January 27, 1894, denying his motion to set aside the verdict and to allow him to serve a supplemental answer and have a new trial. On April 11, 1892, Harry Lathrop, a newsboy eight years old, was attacked while delivering newspapers and bitten by two vicious dogs belonging to Samuel Dearing and his son-in-law, William F. Schutte.

Appeal by defendants, T. E. Potts and Charles L. George, from a judgment of the District Court of Sherburne County, L. L. Baxter, J., entered May 3, 1894, against them for $541.90. On March 9, 1891, defendant, T. E. Potts, was and for a long time had been agent for the plaintiff, the Singer Manufacturing Company, selling its sewing machines at Milaca and vicinity and collecting-pay therefor. On that day he had a settlement with plaintiff and was found indebted to it $374.02.

Appeal by defendant, tlie city of Crookston, from an order of the District Court of Polk County, Frank Ives, J., made February 12, 1894, denying its motion for a new trial after verdict for plaintiff for $500. The case is fully stated in the opinion of the court. The street in which this sewer was laid stopped at the edge of the right of way of the railroad and on this right of way was an embankment of earth sixteen feet high and sixty feet broad on its top.

Appeal by defendant, William B. Mitchell, from an order of the District Court.of Stearns County, D. B. Searle, J., made March 1, 1S94, overruling his demurrer to the complaint. ■ The plaintiff alleged that he resided at Cold Spring, was sixty years old, had a wife and five grown up children.

Appeal by plaintiff, William Groomes, from a judgment of the Municipal Court of the City of Minneapolis, Andrew Holt, J., entered March 14, 1894, that he take nothing by this action and that defendants, Clarence E. Waterman, and W. S. Cilley, recover $13.62 costs. The plaintiff was a servant of the Chicago, Milwaukee and St. Paul Eailway Company and was entitled to $40 a month wages. He assigned to defendant Cilley his wages for the month of April, 1892.

Appeal by defendant, Edwin Cooley, from an order of the District Court of Hennepin County, Robert D. Russell, J., made March '6, 1894, denying his motion for a new trial. On November 24, 1888, Frederick O. Mayo borrowed $1,000 of the plaintiff, Helen T. Loveland, a music teacher of Minneapolis, and .gave, her his note' for it, bearing eight per cent interest and due one year thereafter.

Appeal by defendant, the Fire Insurance Company of the County of Philadelphia, from a judgment of the District Court of Hennepin County, Robert 1). Russell, J., entered against it March 30,1894,. for $1,578.31. The plaintiff, Collin Gibb, owned seven lots in block three (3) in Thornton Park, Minneapolis.

Appeal by plaintiffs, Pack Thomas and Edwin S. Graham, from a judgment of the District Court of Wilkin County, Calvin L. Brown, J., entered September 1, 1893.

Appeal by defendant, Anna Bresland, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., rendered June 29, 1894, convicting her of the crime of keeping a house of assignation in the city of Duluth. On this conviction she was sentenced to be punished by confinement in the state prison at Stillwater at hard labor for the period of four years.

Appeal by plaintiff, Margaret L. Berryhill, from a judgment of the. District Court of Ramsey County, Chas. E. Otis, J., rendered .April 27, 1893. The plaintiff commenced this action under 1878 G. S. ch. 75, § 2, to determine the adverse claims of defendant, Howard L. Smith, to lot five (5) and a part of lot A, in Berryhill & Davison’s rearrangement of block three (3) in Nininger & Donnelly’s addition to Holcombe’s addition to St. Paul.

Appeal by claimant, Barclay Cooper, from a judgment of the District Court of Hennepin County, Frederick Hooker, 3., entered January 15, 1894, in proceedings instituted by the Minneapolis and St. Louis Railway Company to condemn land to widen its right of way through block twenty six (26) in the original plat of Minneapolis.

Appeal by plaintiff, the St. Paul and Minneapolis Trust Company, as assignee, from an order of the District Court of Hennepin County, Thomas Canty, J-, made December 16, 1893, denying its motion for a new trial. On June 20, 1893, the Farmers and Merchants State Bank of Minneapolis being insolvent made an assignment to plaintiff under Laws 1881, ch. 148, as amended, of all its property in trust to pay its debts.

Appeal by plaintiff, Henry Schmidt, from a judgment of the District Court of Hennepin County, Henry G. Hicks, J., entered July 25, 1894, that he take nothing by this action. On June 13, 1892, Frida O. L. Oren owned and was in possession of the east half of the west half of lots sevén (7) and eight (8) in block one (1) in Twelfth Avenue Addition to Minneapolis, and the dwelling house thereon.

Appeal by defendant, the Citizens Mutual Life Insurance Company, from an order of the District Court of Hennepin County, Sea-grave Smith, J., made February 27, 1894, denying its motion for a new trial. The defendant was incorporated under Laws 1885, ch. 184, and insured the life of August C. Schultz of Woonsocket, S. Dak.

Appeal by the defendant, the City of Sauk Centre, from an order of the District Court of Steams County, D. B. Searle, J., made April 12, 1894, overruling its demurrer to the complaint. Congressional township one hundred and twenty six (126) north, of range thirty four (34) west with six adjacent sections in the next township on the north, was organized prior to 1866 as a town in the county of Stearns and was named Sauk Centre, and ever since has been a public corporation.

Appeal by the Assignee, Gerhard Hilgers, from an order of the District Court of Scott County, Francis Cadwell, J., made July 18, 1894 disallowing his claim for attorney’s fees and expenses on an appeal to this court from the order for his removal. 55 Minn. 130.

Appeal by defendants, William Cunningham and Charles L. Haas, from an order of the District Court of Eamsey County, William Louis Kelly, J., made May 18, 1894, denying their motion for a new trial. The action was brought by the Minneapolis Stock Yards and Packing Company, a corporation, to recover $535.15 due it upon an account for hay, pasturage, yardage, money advanced, rent and other items.

Appeal by plaintiff, the Irish-American Bank of Minneapolis, from an order of the District Court of Hennepin County, Robert D. Russell, J., made March 19, 1894, denying its motion for a new trial. Action against defendant, Charles O. Bader, for slander whereby a number of plaintiff’s customers were induced to withdraw their deposits and stop doing business with it and whereby it was greatly injured in its credit and reputation, to its damage $5,000.

Appeal by plaintiff, Jonas Guilford, from an order of the District Court of Hennepin County, Robert Jamison, J., made January 20, 1894, denying his motion for a new trial. On February 8, 1882, Asa Guilford owned 370 shares of the stock of the defendant, The Western Union Telegraph Company, for which he held twelve certificates issued to him at various times from 1869 to 1880.

Appeal by defendant, John J. Mahoney, from a judgment of the District Court of Blue Earth County, M. J. Severance, J., entered September 6, 1893. The defendant, John J. Mahoney, was on April 9, 1890, the husband of plaintiff and owned the west half of the northwest quarter of section one (1) in Township 106 north of Range 25 west in said county.

Appeal by plaintiff, Teunis Slingerland, from an order of the District Court of Dodge County, Thomas 8. Buckham, J., made June 27, 1894, dissolving a temporary injunction.

Appeal by plaintiff, John Zelch, from an order of the District Court of Hennepin County, Robert D. Russell, J., made March 3,1894, denying his motion for a new trial. On April 15, 1892, defendant, P. J. Hirt, made and delivered to plaintiff his two promissory notes, one for $275 due December 1, 1892, and the other for $250 due June 1, 1893, each bearing interest.' He secured them by a mortgage upon four work horses.

Appeal by defendant, John A. Bowman, from an order of the District Court of St. Louis County, Chas. L. Lewis, J., mads April 6,. 1894, denying his motion for a new trial. The plaintiff, Wells-Stone Mercantile Company, a corporation, furnished C. N. Weller & Son in January, 1892, with groceries and feed for teams and other supplies at Bowman’s siding on the Duluth and Winnipeg railroad in Itasca county, to the value of $1,814.61. The-firm paid $1,004.27 thereon.

Appeal by plaintiff, George A. Reiser, as administrator with the will annexed of the estate of John Gigrich, deceased, from an order of the District Court of Scott Comity, Francis Cathoell, J., made February 3,1894, sustaining the demurrer of the defendant, the First National Bank of Shakopee, to the complaint.

Appeal by plaintiff, the Anchor Investment Company, from an order of the District Court of Ramsey County, John W. Willis, J., made April 11,1894, denying its motion for a new trial.

Appeal by plaintiff, the Yellow Medicine County Bank, from an order of the District Court of Becker County, D. B. Searle, J., made' July 21, 1894, denying its motion for a new trial after verdict for all of the eighteen defendants. The plaintiff’s third assignment of error mentioned in the opinion was as follows: Third.

Appeal by plaintiffs, Edward J. Teipner and Styles M. West, from an order of the District Court of Hennepin County, Robert D. Russell, J., made June 27, 1894j denying their motion for a new trial. On September 30, 1893, plaintiffs made an oral agreement with defendant, the Bank of Waterville, to put upon its safe a new Double Chronometer Movement Time Lock, manufactured at Cincinnati, Ohio, and it agreed to pay them therefor $165.

Appeal by plaintiffs, Hannah A. Lovejoy, Loren K. Lovejoy, Frank L. Lovejoy, Arthur Lovejoy and Mary E. Winston, from a judgment of the District Court of Hennepin County, Henry G. Hicks, J., entered March 23,1894, denying the relief they sought. James A. Lovejoy died testate .January 29, 1886, leaving the plaintiff Hannah A. Lovejoy, his widow, and the other plaintiffs, his children, his heirs at law.

Appeal by defendant, Emil T. Sternberg, from a judgment of the Municipal Court of the City of St. Paul, H. W. Cory, J., entered March 24,1894, against him for $160 and interest and costs. The plaintiff, Hiram Backus, was on May 9, 1892, mortgagee in possession of the Hotel Barteau in St. Paul and so continued for more than a year thereafter.

Appeal by plaintiff, D. Frank Powell, from an order of the District Court of Hennepin County, Robert D. Russell, J., made February 16, 1894, denying his motion for a ne-w trial. The temporary inability of plaintiff by reason of sickness to perform Ms contract did not constitute a total or any failure of consideration for the note. White v. Mann, 26 Me. 361;.

Appeal by plaintiff, L. Robert Mueller, from an order of the District Court of Hennepin County, Charles B. EUiott, J., made March 5, 1894, opening a judgment and allowing the defendant to answer. On November 8, 1893, plaintiff commenced this action under 1878, G. S. ch. 75, § 2 and Laws Ex.

<p>Appeal by defendant, John Goodnow', from an order of the District Court of Hennepin County, Seagrave Smith, J., made December 23, 1893, overruling his demurrer to the complaint.</p>

Appeal by the First National Bank of St. Paul, the First National Bank of Shakopee, and John Woodruff, creditors of Mary M. How, insolvent, from au order of the District Court of Scott County, Frances Cadwell, J., made April 24, 1894, allowing her as exempt $ 15,800 insurance money due her from assessment life insurance companies.

Appeal by plaintiff, the People’s Bank of Minneapolis, from an ■order of the District Court of Hennepin County, Seagrave Smith, J.’ made June BO, 1894,. granting defendants’ motion for a new trial after verdict for plaintiff. On August 19,1892, S. K. Howes made his promissory note whereby he promised to pay to the order of Edward D. Smith three months thereafter without grace five hundred dollars.

Appeal by defendant, George A. Norton, county auditor of Dodge-county, from a judgment of the District Court of that County, Thomas S. Buckham, J., entered September 6, 1894, in a proceeding by mandamus against him.

Appeal by defendant, Christian M. Colby, from an order of the District Court of Hennepin County, Henry G. Hieles, J., made April 7, 1894, overruling his demurrer to the complaint of his divorced wife, Hedvig A. Colby, to set aside the judgment of divorce for fraud and perjury in procuring it. She brought this action under 1878 G. S. ch. 66, § 285.

Appeal by defendant, Edward Flynn, from a judgment of the District Court of Washington County, F. M. Crosby, J., entered December 27, 1893, restraining him from laying drain pipe on Ms land to carry off water from a depression thereon. Defendant owns the northwest quarter of section seventeen T. 29, B. 20, in the township of Baytown, Washington County.

Appeal by plaintiff, Alfred H. Knowles, from a judgment of the-District Court of Hennepin County, Charles M. Pond, J., entered. February 6, 1894, that he take nothing by his action. The defendant, Franklin Steele, Jr. owned a lot in block 52, Minneapolis, original plat forty four feet front on Washington street by one hundred and fifty five feet deep. He and wife leased it July 11, 1881, to plaintiff for ten years for $1,320 rent per annum payable quarterly.

Appeal by plaintiff, J. D. Moran Manufacturing Company, a corporation, from an order of the District Court of Eamsey County, Hascal JR. Brill, J., made May 2, 1894, sustaining the demurrer of Eoss Clarke, one of the defendants, to the complaint.

Appeal by defendant, tbe Great Northern Railway Company,, from a judgment of tbe District Court of Stearns County, D. BSearle, J., entered May 12, 1894, against it for $744.55. On April 27, 1893, -tbe plaintiff, Joseph Heininger living in St. Cloud, was hired by a merchant to go six miles south to a farm bouse and bring in a horse.

Appeal by defendant, Oliver Dalrymple, from a judgment of the District Court of Ramsey County, Hascal R. Brill, J., entered November 17,1893, against Mm for $2,543.58 damages and $64.19 costs. In 1872, defendant resided in St. Paul and employed L. F. Hodges of Milwaukee to make sales and purchases of wheat there for future delivery, with no intent to deliver or receive the grain, but in the hope of making a margin of profit on the rise or fall in the price meantime.

Joseph Mrozinski and William Mrozinski were indicted December 14, 1893, by the Grand Jury of Dakota county for the crime of wrongfully, unlawfully and willfully catching, taking and killing, in the Mississippi River opposite Red Rock, on August 20, 1893, twenty three fish otherwise than by angling for them with hook and line, to-wit, with a net or seine, contrary to Laws 1891, ch. 9, § 17, as amended by Law's 1893, ch. 124, § 15.

Appeal by plaintiff, the Missouri Kansas and Texas Trust Company, from a judgment of the District Court of St. Louis County, J. D. Ensign, J., entered May 19, 1894, that it take nothing by this-action and that its mortgage be canceled.

Appeal by defendant, Eli B. Ames, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made March 8, 1894, denying his motion for a new trial. One George A. Morse of Minneapolis on September 15, 1892, made his negotiable promissory note for $8,000 payable to his own order six months thereafter.

Appeal by defendant, Ole Anderson, from an order of the Municipal Court of the City of Minneapolis, Stephen Mahoney, J., made-June 1, 1894, denying his motion for a new trial. Charles W. Purple made complaint on oath before the Municipal Court that on Sunday, April 1, 1894, the defendant failed to close his saloon at No. 221 Cedar Avenue, Minneapolis, but sold intoxicating liquors by the glass there on that day.

Appeal by defendants, Joseph Edelbrock, William F. Edelbrock, Joseph J. Howe, and Joseph J. Howe, Jr., from an order of the District Court of Stearns County, D. B. Searle, J., made February 28, 1894, denying their motion for a new trial.

At the general election held November 6, 1894, in the third' legislative district of Stearns county, a part of the forty fifth senatorial district, Angus Haines, a republican, and Alexander Chisholm, democrat, were opposing candidates for election to the House of Bepresentatives. The canvassing board of Stearns county declared Chisholm elected by a plurality of four votes and issued to him the certificate of election.

Appeal by defendant, the City of Minneapolis, from an order of the Municipal Court of that City, Stephen Mahoney, J., made March 20, 1894, denying its motion for a new trial. Fred H. Boardman owned lots one (1) .and two (2) in Central Park Addition to- Minneapolis, fronting on Hennepin avenue. On May 14, 1889, he and wife mortgaged them to Sarah I. Hawley to secure his notes held by her for. $8,500 due three years from that date with interest.

Appeal by plaintiff, W. S. Conrad as administrator, with the will annexed, of the estate of George H. Clapp, deceased, from an order of the District Court of Clay County, L. L. Baxter, J., made March 16, 1894, granting a new trial. George H. Clapp of Devils Lake, N. Dak., owned the east one hundred and twenty five feet of lots four, five and six in block forty six in the original townsite of Moorhead with livery barn thereon.

Appeal by defendant, Lovering Shoe Company, a corporation, from an order of the District Court of Eamsey County, Hascal R. Brill, J.,made May 15, 1894, denying its motion for a new trial. A. J. Moore of Boston, Mass., was a traveling solicitor of advertisements for a boot and shoe journal published at New York. On October 26, 1893, he called on defendant, a shoe merchant of St. Paul, and solicited patronage for the paper.

Appeal by defendant, George Rossman, from a judgment of the District Court of Marshall County, Frank Ives, J., entered January 20, 1894, that the contract between him and plaintiff, Halvard A. Strandberg, be specifically performed by him.

Appeal by defendant, Marco Matakovich Jr., from his conviction of manslaughter in the second degree, and order of the District Court of St. Louis County, S. II. Moer, J., entered May 18, 1894, denying his motion in arrest of judgment and refusing a new trial. Indictment.

Appeal by J. B. Scovill, owner of property assessed for benefits • conferred by improvement of Piedmont avenue, Duluth, from an order of the District Court of St. Louis County, J. D. Ensign, J., made March 5, 1894, confirming a reassessment of such benefits.

Appeal by plaintiff, the Merchants National Bank of Crookston,. from a judgment of the District Court of Polk County, Frank Ives, J., entered March 3, 1894, decreeing an oatmeal mill to be personal property and not subject to a mortgage of the real estate on which it stood.