Volume 60 — Minnesota Reports

Case certified from the district court for Faribault county, Severance, J. Defendant demurred to an indictment for forgery upon the ground that the indictment did not state tacts sufficient to constitute a public offense, and the demurrer was overruled. cited Stewart v. Colter, 31 Minn. 385, 18 N. W. 9S; Ambs v. Chicago, St. P., M. & O. Ry. Co., 44 Minn. 266, 46 N. W. 321; Crouse v. Murphy, 140 Pa.

Two actions for rent in the district court for Ramsey county brought by Cullen against Foot and others. The facts are stated in the . opinion. In the first action the defendants paid into court the amount claimed in the complaint, and the trust company, as trustee, was thereupon permitted to intervene as claimant. This action was tried before Kelly, J., without a jury, and judgment was entered in favor of the plaintiff and against the intervenor.

Appeal by defendants from an order of the district court for Stearns county, Searle, J., denying their motion to set aside a verdict and for a new trial, in an action for damages for malicious entry and assault

Appeal by pláintiff from an order of the district court for Washington county, Williston, J., dissolving an attachment as to defendant Wilmot A. Hursey. Action against Arthur W. Hursey, Achsa W..

Appeal by plaintiffs from an order of the district court for Hennepin county, Smith, J., granting a motion to vacate an attachment.

<p>Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., denying motion for a new trial.</p>

Appeal by defendants from an order of the district court for St. Louis county, Ensign, J., denying motion for new trial. Action for recovery of money obtained by means of false and fraudulent representations.

Appeal by plaintiff from an order of the district court for Sherburne county, Baxter, J., denying a motion to set aside an order for judgment for the defendant upon the pleadings and for a new trial. A person may lawfully contract to do as agreed in this case.

Appeal by defendant from an order of the district court for Otter Tail county, Baxter, J., striking out defendant’s second defense in the amended answer. The nature of the second defense is stated in the opinion. Action by assignee for negligence of lessee of a certain water power, a dam constructed for the purpose of utilizing the same, a mill and appurtenances.

Appeal by plaintiff from a judgment of the district court for St. Louis county. At the trial the court,' Ensign, J., instructed the jury to return a verdict for the defendant. The facts are stated in the opinion.

Action by plaintiff, as a stockholder of Seymour, Sabin & Co., and in behalf of the other stockholders of that corporation and all persons interested therein, against J. C. O’Gorman individually, and as receiver of said company, J. N. Searles, the Minnesota Commercial Company, and the Stillwater Union Depot & Transfer Company. J. C. O’Gorman individually, and as' receiver, and J. N. Searles answered.

Appeal by defendant from two orders of the district court for Scott county, Cadwell, J.; one order denying motion for a new trial, and the other striking out a portion of the settled case. The facts are stated in the opinion.

Appeal by defendants Hertig and the Merchants National Bank of St. Cloud from an order of the district court for Stearns county, Searle, J., denying their motion for a new trial. The facts are stated in the opinion. The word “for,” in the first line of G-. S. 1894, § 6229, means “intended for use in.” No lien can be maintained for finished articles of merchandise, which have been sold without reference to their use at a - fixed price to a contractor.

Appeal by defendant from an order of the district court for Hennepin county, Russell, J., denying its motion to vacate and set aside-a judgment.

Appeal by plaintiff from a judgment of the district court for St. Louis county, Moer, J., that the defendant George C. Howe is the owner of the unplatted space described in the opinion.

Appeal bv defendant from an order of the district court for. Hennepin county, Hicks, J., granting plaintiff’s motion for a new trial. The facts are stated in the opinion of Buck, J.

Action in the district court for Anoka county to set aside the deed mentioned in the opinion, to determine the interest of the parties to the action in the land conveyed, and for a partition of the interest therein of the plaintiffs. The allegations of the complaint are stated in the opinion. From an order of the court, Smith, J., sustaining demurrer of the Minneapolis Improvement Company, Northeast, plaintiffs appealed.

Appeal by the publishing company, the St. Paul Trust Company (as executor of the last will of Norman W. Kittson), L. Baker, J. F. Baker, L. Baker, Jr., and Norman Kittson, defendants, from orders of the district court for Hennepin county, Pond, J., denying motions for a new trial. cited In re Kenyon & Fenton, 6 N. B. R. 238; State v. Dupre, 42 La.

Appeal by defendant from a judgment entered in the district court for Ramsey county, after a trial before Otis, J., a jury being waived.

Appeal by defendant from judgment of the district court for Wadena county, Holland, J., entered upon a verdict of guilty, and sentencing him to the state prison for seven years. His plea alleged that upon the former trial the jury was discharged without the knowledge or consent of the defendant, or of his attorney. The other facts are stated in the opinion.

Appeal by defendant from an order of the district court for Ramsey county, Otis, J., denying its motion for a new trial.

Appeal by defendant from an order of the district court for Fillmore county, Whytock, J., denying its motion for a new trial. The certificate of foreclosure sale in 1877 to trustees, and the conveyance from those trustees to the Southern Minnesota Eailway Company, were recorded in Fillmore county February 13, 1886. The other facts are stated in the opinion.

Appeal by George H. Morrill and others, from an order of the district court for Ramsey county, Otis, J., directing the receiver of the St. Paul Globe Publishing Company to pay two debentures, -of $20,000 each, issued and sold pursuant to a decree of the court.

Appeal by defendant from an order of the district court for Ramsey county, Brill, J., denying defendant’s motion for a new trial.

Appeals by A. P. Jamison and others from a; judgment of the district court for Waseca county, affirming an order of the probate court for that county directing letters testamentary to issue to the executors named in the will of Chancey Hardin, and from an order, Buck-am, J., denying a motion for a new trial.

<p>Appeal from an order of the municipal court of Minneapolis, Ma-honey, J.</p>

, vacating a* judgment entered against the defendant upon default, and allowing it to interpose an answer to the complaint.

Appeal by plaintiff from an order of the district court for Ramsey county, Otis, J., denying his motion for a new trial.

, denying a motion for a new trial. Upon the complaint of a private individual, defendant was arraigned and found guilty of the offense of keeping his saloon for selling, liquor open on Sunday, after a former conviction for a similar offense.

<p>Attorney and Client — Authority to Appear.</p> <p>Where an order to show cause why a judgment already entered in plaintiffs’ favor should not be set aside and vacated is procured upon affidavits of an attorney who had already appeared and answered for defendants in the action, of one of the defendants, and of another attorney who states that he is one of defendants’ attorneys, and where, upon the hearing, the last-named attorney produces written authority to appear for defendants, although such authority is executed five days after the order is procured, it is error for the court to dismiss the proceedings solely upon the ground that no authorized attorney has appeared in defendants’ behalf.</p>

Action in the district court for Hennepin county for damages, caused by the fall of a factory building leased to defendant by plaintiff. At the trial the judge charged the jury that the action was not one on the lease, but to recover damages occasioned by the negligence of defendant. The jury returned a verdict for defendant. Appeal by plaintiff from an order of the court, Hicks, J., denying its motion for a new trial.

Appeal by defendant from a judgment of the district court for Ramsey county, Iverr, J., entered upon an order denying its motion to set aside a verdict for plaintiff and for a new trial. Upon the trial an employé of an ice company testified as an expert that the points of the ice* tongs mentioned in the opinion were too short.

Appeal by Henry Truelson from an order of the district court for St. Louis county, Lewis, J., dismissing, his application for appointment of inspectors to examine the ballots cast at a special election held in the city of Duluth October 26,1894.

Appeal by defendant from an order of the district court for Sherburne county, Baxter, J., denying a motion for a new trial, after a verdict of $195.84 in favor of plaintiff.

Appeal by plaintiff from an order of the district court for Hennepin county, Hicks, J., denying his motion for a new trial. At the trial the witness Parker was asked what land he intended to describe, and what land he supposed he had described, in the deed drafted by him. The facts are stated in the opinion.

Appeal by defendant from a judgment of the district court for Ramsey county in favor of plaintiff, pursuant to findings and order of Brill, J. Tbe complaint alleged the execution of a trust deed whereby a certain sum was transferred to Thomas B. Scott, together with Cassie S. Cushing, in trust to invest the same; that by order of the district court the trust company was appointed trustee under the trust deed in place of said Scott; and that the promissory notes in suit were…

Appeal by defendants in each of the foregoing- cases from an order of the district court for Hennepin county, Elliott, J., denying a motion of the defendants, appearing specially and for the purposés of the motion only, to dismiss the action, and to vacate a temporary injunction in the first-named action.

Appeal by Wellington Pennington from a judgment of tbe district court for Ramsey county, Willis, J., that Robert N. Hare was elected to the office of alderman from tbe Sixth ward of tbe city of St. Paul.

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., sustaining a demurrer to the second defense set up in the answer.

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., denying its motion for a new trial.

Appeal by Anthony J. Drexel and others, as executors and trustees of the estate of Anthony J. Drexel, from an order of the district court for Hennepin county, Smith, J., granting the relief prayed for in the petition of C. C. Wade, and from an order refusing to grant a new trial.

Case certified from the district court for Otter Tail county. Defendant demurred to an indictment for libel, and the demurrer was overruled, Baxter, Searles, JJ.

Appéal by the defendants from a judgment of the district court for Ramsey county in favor of plaintiff, pursuant to an order by' Willis, J. Where the grantee of mortgaged premises agrees to pay the debt,, he becomes the principal debtor and the mortgagor a surety, and after notice the creditor cannot extend the time to such grantee and still hold the mortgagor. 3 Pom. Eq. § 1206; Alt v. Banholzer,. 36 Minn. 57, 29 N. W. 674.

Action by the village of Dulnth to recover certain sums under the provisions of a village ordinance which had been accepted by the defendant. After consolidation with the village, the city of Duluth was substituted as plaintiff. The first cause of action stated was for the amount paid for extra work of paving a certain street, on account of the tracks and rails of the defendant. The second cause of action is stated in the opinion.

Appeal by plaintiffs from an order of the district court for Hennepin county, Jamison, J., granting defendant’s motion for a new trial.

From a judgment entered upon an order of the district court for Winona county, Start, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action against William T. Boutell and another doing business as. Boutell Brothers, the firm of Boutell Brothers, and the Washington Bank. Appeal by plaintiff from an order of the municipal court of Minneapolis, Holt, J., sustaining separate demurrers to the amended complaint.

<p>Findings Sustained.</p> <p>Evidence held to justify tlie findings..</p>

Action in the district court for Hennepin count}7 to recover a balance of $11,016.59, with interest, for pine logs sold and delivered to the defendant under a written contract with it and another company. The contract contained a recital that the plaintiff was the owner of 9,000,000 “feet of pine logs now in the Mississippi river and its tributaries above the city of Minneapolis,” marked with seven specified log marks.

Appeal by defendants Charles Bottcher and wife from a judgment of the district court for Houston county, Whytock, J., dismissing an .action to foreclose the mortgage mentioned in the opinion. The .answer prayed for the cancellation of the bond and mortgage.

Action in the district court for Eamsey county for conversion of a promissory note. At the trial the promissory note executed by the plaintiff to defendants was put in evidence.

Action in the district court for Hennepin county by the assignee of the Farmers and Merchants State Bank upon a promissory note made by the defendant Rogers, and indorsed to the bank by the defendant Paulson. The counterclaim set up in the answer is stated in the opinion. From an order of the court, Russell, J., overruling the demurrer interposed to the answer, plaintiff appealed.

From the decision of the board of county commissioners of Otter Tail county disallowing the claim of the Fergus Printing and Publishing Company for publishing the forfeited tax list for the year 1893, it appealed to the district court, and filed its complaint alleging that the legal fee for publication provided by law was 75 cents-per folio for the first insertion, and 35 cents per folio for the second insertion.

Action in the district court for Ramsey county by the administratrix of the estate of George G. Pound, deceased. At the trial before Brill, J., with a jury, when plaintiff rested, the motion of defendant to dismiss was granted. Appeal by plaintiff from an order denying her motion for a new trial.

Action in the district court for Aitkin county, in claim and delivery, for certain pine logs, or, in case delivery could not be had, for $500 as their value, and $100 as damages for their detention.

Action in the district court for Polk county for the puchase price of one of plaintiff’s harvesters and binders. The material parts of the pleadings are stated in the opinion. A portion of the warranty attached to the order was in these, words: All our machines are-warranted to be well made, and of good material, and to do good, work when set up and operated as per printed directions.” Other provisions of the warranty are mentioned in the opinion.

Action in claim and delivery for the return of certain saw logs. The action was begun in Ramsey county, but defendant obtained a change of venue to Wadena county. At the trial there was a verdict for defendant. From an order of the district court for Wadena, county, Holland, J., denying their motion for a new trial, plaintiffs, appealed.

Action, in the district court for Hennepin county against members of t-he firm of M. L. Hallowell, Jr., & Co., and Samuel P. Snider, upon four promissory notes made by the firm and indorsed by Snider. The nature of the defense is stated in the opinion.

Appeal by defendant from an order of the municipal court of Minneapolis, Holt, J., denying his motion for a new trial. Action for damages for failure to move a building within a reasonable time as agreed by the defendant. The findings of the court are stated in the opinion. cited Tantholt v. Ness, 35 Minn. 370, 29 N. W. 49; Hirt v. Hahn, 61 Mo. 496. cited King v. Nichols & Shepard Co., 53 Minn. 453, 456, 55 N. W. 604.

Action in the district court, in claim and delivery, for certain pine logs, brought originally in Aitkin county, but, by stipulation of the parties, changed to Hennepin county. The answer was a general denial, save that the value of the logs was admitted.

Appeal by plaintiff from an order of the district court for Polk cotinty, Ives, J., denying a new trial, after verdict for the defendant.

Action to recover the sum of $4,000, alleged to be due to plaintiff under a written contract, by the terms of which plaintiff and another sold the information they had “for the sum of $2,000, absolutely, and the further sum of $8,000 if” the buyer “should succeed in acquiring title to said parcel of land.” From an order of the district court for St. Louis county, Ensign, J., refusing to set aside a verdict for plaintiff and to grant a new trial, defendant appealed.

Action against tbe city of Mankato and tbe Mankato Street-Railway Company to recover for injuries occasioned by the negligent construction and maintenance of tbe railway track of tbe defendant company.

Appeal by plaintiffs and by the defendants McLeod & Helle and John Jagger from an order of the district court for Ramsey county, Willis, J., denying their motion for a new trial. The facts are stated in the opinion. ■cited Fowlds v. Evans, 52 Minn. 551, 54 N. W. 743; Neibles v. Minneapolis & St. L. Ry. Co., 37 Minn. 151, 33 N. W. 332.

Appeal by John T. Gunniss, as receiver of A. V. Kelley & Co., insolvents, from an order of the district court for St. Louis county, Ensign, J., denying the motion of the receiver to vacate and set aside a certain levy by virtue of an execution issued upon a judgment which was recovered by the Iron River Sandstone Co. against A. Y. Kelley & Co., and was assigned to Frederic W. Paine. ■ The motion was submitted upon an agreed statement of facts,, the material parts of which…

Appeal by plaintiffs from an order of the district court for Bamsey county, Brill, J., denying their motion for a new trial. In his memorandum the trial judge held that, as the original lease was wholly void, because not executed by the husbands of the plaintiffs, the subsequent tender by plaintiffs of a properly executed lease gave them no right to recover rents.

Action upon a certain mortgage note, and a coupon interest note-attached thereto, made by the defendant Patrick in favor of the defendant Watson, and by the latter sold and indorsed to plaintiff,The defense is stated in the opinion. From a judgment of the district court for Kamsey county, Kelly, J., entered upon the pleadings against the defendant Watson, he appealed.

Action in the district court for Hennepin county against the defendants, as partners, for a balance due for merchandise bought of the plaintiff. The material allegations in the separate answer of the defendant Hewson, and in the reply thereto, are stated in the opinion. At the trial the court refused to allow the answer to be amended by adding an allegation that the plaintiff extended the time of payment to the defendant Burdick without the consent of the defendant Hewson.

Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., granting defendant’s motion for a new trial.

Action in -tlie district court for Ramsey county by the executors of John O. Quigley, deceased, to recover $3,500, with interest. The nature of the action is stated in the opinion.

Action against B. F. Nelson, as receiver of James EL Bishop and Company. The facts are stated in the opinion. The parties to-the action consenting, W.-E. Hale, Esq., was appointed referee to try the issues of fact and-law and report a judgment thereon.

From the judgment of a justice of the peace in favor of plaintiff in an action upon a contract for the recovery of $20, defendant appealed to the district court for Polk county. The substance of the contract is stated in the opinion. At the trial in the district court with a jury, Ives, J., the court refused to direct a verdict either for plaintiff or for defendant. The jury returned a verdict for defendant.

Twelve actions 2 in the district court for Hennepin county. The complaints were substantially identical in all the cases.

Action in the district court for Ramsey county. From an order, Willis, J., denying a motion to set aside the decision and for a new trial, defendant appealed.

From an order of the district court for Hennepin county, Russell, J.,-directing the receiver of James H. Bishop & Company to pay defendants as rent the sum of $1,200, defendants appealed.

From a judgment of tlie district court for Ramsey county in favor of defendant, entered pursuant to findings of Otis, J., plaintiff appealed.

<p>Appeal from a judgment of the district court for Polk county, entered in favor of plaintiff, pursuant to findings of Ives, J.</p>

Appeal by plaintiff from an order of the district court for Hennepin county, Hicks, J., denying her motion for a new trial.

Action in the district court for Mower county to recover damages for injuries caused by the negligence of the defendant and its servants. At the trial the court, Whytock, J., directed a verdict for defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county by the assignee of St. Paul Electric Manufacturing & Construction Company to set aside a judgment against said company for $1,395 in favor of the defendant corporation, a levy upon execution, and a sale thereunder of certain real estate belonging to the insolvent. From an order denying in part plaintiffs motion to amend the findings, and from an order denying a new trial, Willis, J., plaintiff appealed.

<p>Naturalization — Declaration of Intent by Minor — Ratification—Effect.</p> <p>A minor of foreign birth and foreign parentage came with his parents to this state in 1859, when he was nine years of age, and he and they have since resided here. Immediately after taking up his residence here his father duly declared his intention to become a citizen of the United States, served in the United States army during the, war, and as far as appears always acted in affirmance of the status acquired by such declaration of his intention, but has never taken out naturalization papers. One month and nineteen days before coming of age said minor declared his intention to become a citizen of the United States, and after coming of age was repeatedly elected to public office, took the oath of office, and served as such officer. Thereafter, at the November, 1894, general election, he was elected •county auditor. He never took out naturalization papers until January 10, 1895. Held, even if his declaration of his intention was invalid by reason ■of his minority, yet, as he attempted to change his status to correspond with the status of his father, such declaration was capable of ratification •on his coming of age, and he has fully ratified the same; he was eligible to be elected to such office of county auditor, and is entitled to the same.</p>

A former appeal in this case is reported in 55 Minn. 202, 5G N. W. 824.

Action in the district court for Ramsey county for damages because of failure of defendant to carry out the agreement mentioned in the opinion. At the trial, defendant contended that the terms of any such, agreement were contained in a letter from its general manager to the master mechanic of the road, instructing the latter to employ plaintiff as long as his services were satisfactory.

Action in the municipal court of Minneapolis to recover $204.61 for goods sold, at their special instance and request, to defendants, as partners engaged in business under the trade name of Holmes Hotel. At the close of the trial a motion to dismiss the action as to the defendant Steele,,. on the ground that no evidence had been offered to establish the cause of action set forth in the complaint, was granted. From an order denying a new trial, Holt, J., plaintiff appealed.

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial. It is no publication where the words are only communicated to the person defamed. Odgers, Libel, 150; Starkie, Sland. 13, 14;. 2 Bouvier, 485. Evidence of former or subsequent defamation is', only admissible to determine quo animo the words were published;; that is, when malice in fact is in issue. 13 Am. & E. Ene.

<p>Action on Implied Contract — Setting up Express Contract.</p> <p>Upon the pleadings and evidence in this ease, held that, when the plaintiff rested, the trial court was justified in dismissing the action. .</p>

Appeal by plaintiff’s from an order of tlie district court for Waseca county, Buckham, J., denying a motion for a new trial.

Appeal by plaintiff from an order of the district court for Bamsey county, Kerr, J., granting defendant’s motion to set aside a verdict in favor of plaintiff f<^ $1,011.43 and for a new trial. The facts are stated in the opinion.

Action by members of the firm of Klee & Wallach, and others, against E. H. Steele Company, a corporation, and the stockholders thereof, to obtain the appointment of a receiver. From an order of the district court for Hennepin county, Jamison, J., appointing a receiver, defendant corporation appealed. The facts are stated in the opinion.

Petition by Emmet Rice for the appointment of a receiver for the property of Alfred J. Goss. From an order of the district court for Ramsey county, Kelly, J., appointing a receiver, E. G. Rollins and another, attaching creditors, appealed.

Action by Puget Sound National Bank of Everett, Washington, against John Mather and others as defendants, and Minneapolis Trust Company as garnishee. From an order of the district court for Bamsey county, Egan, J., denying a motion for the discharge of the garnishee, the garnishee appealed. The facts are stated in the opinion.

Appeal by defendant from an order of tbe district court for Ramsey county, Kelly, J., denying a motion for a new trial after a verdict in favor of plaintiff for $287.20.

Action in the district court for Hennepin county by the indorsee against the maker of a promissory note for an unpaid balance of $2,300.

Appeal by defendant from an order of the district court for Stearns county, Searle, J., overruling a demurrer to the complaint. At common law the actions by a husband for enticing away his wife and for criminal conversation were distinct. The basis of the action for criminal conversation does not exist where the wife is plaintiff. Doe v. Iioe, 82 Me. 503, 20 Atl. 83; Duffies v. Duffles, 76 Wis. 374, 45 N. W. 523.

Action in the district court for St. Louis county to recover $500 apon a policy of insurance issued October 31, 1893, by the defendant company. The fire occurred November 3, 1893. At the trial the court, Ensign, J., denied defendant’s motion to dismiss the case, refused to instruct the jury to return a verdict for defendant, and directed a verdict for plaintiff. From an order granting defendant’s motion to set aside the verdict and for a new trial, plaintiff appealed.

Appeal by plaintiff from a judgment of the municipal court of Minneapolis, Mahoney, J., in favor of defendant. The facts are stated ■in the opinion.

Action in the district court for Bamsey county to recover damages for the nondelivery of certain shipments of flour, alleged to have been delivered by the respective owners to defendant at Minneapolis, Minnesota, to be carried to certain points in Great Britain, and there delivered to the order of the shippers.

Action in the district court for Hennepin county to recover under the statute three times $99.25, the amount of excess of proceeds of a certain sale upon foreclosure of mortgage over the amount due defendant upon the mortgage. The court, Elliott, J., found that defendant wrongfully retained $11.50 of the proceeds of the sale, and plaintiffs were therefore entitled to recover from defendant the sum -of $31.50.

Action by Silas B. Walsh in the district court for Ramsey county against St. Paul School Furniture Company, a corporation, and others, to foreclose a second mortgage executed by the corporation on certain real estate, together with machinery on the premises. After the execution of the mortgage the St. Paul School Furniture Company, a copartnership, succeeded to the rights of the corporation in the mortgaged property, with full knowledge of the mortgage.

Action in the district court for St. Louis county against David Hood, Hurd Refrigerator Company, and New Duluth Land Company to recover the price of bricks sold to Hurd, and to enforce a lien therefor on premises owned by the Land Company, which it had contracted to sell to the Refrigerator Company. The complaint alleged that the bricks were used in the construction of a building on the premises by Hood under a contract therefor with the Refrigerator Company.

<p>Appeal by defendants from a judgment of the district court for Morrison county, Searle, J., in favor of plaintiff.</p>

Action in the district court for Hennepin county by C. F. Lawson against W. H. Truesdale, receiver of Minneapolis & St. Louis Railway Company, to recover damages for personal injuries. The jury rendered a verdict in favor of plaintiff for $7,150. The court, Smith, J., made an order granting defendant’s motion for a new trial unless plaintiff should consent to a judgment for $5,000, to which plaintiff consented. From this order defendant appealed.

Appeal by plaintiffs from an order of the district court for Hennepin county, Pond, J., denying a motion for a new trial.

Appeal by defendants from an order of tbe district court for Hennepin county, Pond, J., denying a motion for a new trial.

Appeal by defendant from an order of the district court for Fillmore county, Whytock, J., denying a motion for a new trial on condition that plaintiff would consent to accept $4,000 as the verdict. Plaintiff consented to remit $1,000 of the verdict, and accept the sum named by the court. The facts are stated in the opinion.

Appeal by plaintiff from an order of the district court for Steams county, Searle, J., denying a motion for a new trial. The facts are stated in the opinion.

Appeal of petitioner Finnegan from an order of the district court for Hennepin county, Russell, J., directing the clerk of court to pay to petitioner O’Connor the sum of $699.29.

Appeal by plaintiff from an order of the district court for St. Louis county, Ensign, J., denying a motion for a new trial and from a judgment in favor of defendant.

Elias Steenerson, a resident of Polk county and a shipper of grain from Crookston, Fisher, and East Grand Forks to Minneapolis and Duluth, in behalf of himself and all others similarly situated in Polk, Marshall, and Kittson counties, in September, 1898, filed a complaint with the railroad and warehouse commission, in which he alleged that the rate charged by defendant railway company for transporting grain and the mill products thereof between Crookston and the terminal…

<p>Action by Father for Injuries to Child — Who may Maintain.</p> <p>Under G. S. 1S94, § 5104, a father may maintain an action in his own name to recover damages for an injury to his minor child, in all cases-where, at common law, such an action might be maintained in behalf of such minor. Gardner v. Kellogg, 23 Minn. 463, followed.</p> <p>Same — Complaint.</p> <p>In such' action it is not necessary to expressly allege in the complaint that: it is brought for the benefit of such child, when the only damages alleged or claimed therein are those sustained by the child.</p>

Certiorari. W. D. Russell and Hugh Quigley were each adjudged by the district court for Polk county, Ives, J., guilty of contempt of court, without the introduction of any evidence to support the charges against them.

Appeal by defendant from an order of the municipal court of St. Paul, Twohy and Orr, JJ., denying a motion to dismiss the action.

<p>Verdict Sustained.</p> <p>Evidence considered, and held to sustain the verdict.</p> <p>Rulings of Trial Court Sustained.</p> <p>Certain rulings of tire trial court upon the admissibility of evidence considered, and sustained.</p> <p>Tender to Attorney.</p> <p>A tender to an attorney at law, to whom the demand has been intrusted for collection, is good.</p>

Appeal by plaintiff from an order of the district court for Ramsey county, Egan, J., granting a motion to strike out certain allegations of the amended complaint.

Appeal by defendant from an order of the district court for Hennepin county, Russell, J., denying a motion for a new trial.

<p>Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., denying a motion for a new trial.</p>

Appeal by plaintiff from a judgment of the district court for St. Louis county .entered in pursuance of the findings and order of Lewis, J.

Action in the district court for St. Louis county by John C. Hunter and Clinton Markell against W. J. Holmes and Ida Holmes, his wife. The case was tried before Moer, J., without a jury, who ordered judgment for defendant. From an order denying a motion for a new trial plaintiffs appealed.

<p>Jurisdiction of Municipal Court — Deceit.</p> <p>Held, tlie action is one to recover damages for false and fraudulent warranty, and tlie municipal court of Dulutli lias jurisdiction.</p> <p>Evidence to Sustain Findings.</p> <p>Held, there was sufficient evidence to sustain proper findings for plaintiff.</p> <p>Defective Findings.</p> <p>But held, tlie trial court did not find any facts from wliicli the amount of plaintiff’s damages appears, or any facts which would entitle him to recover anything more than nominal damages.</p> <p>Contract — Rescission.</p> <p>Rule applied that a contract cannot be rescinded unless the parties can be placed in statu quo.</p>

<p>Appeal by defendant from an order of the municipal court of Mankato, ¡áchissler, J., denying a motion to dissolve an attachment.</p>

Certified from the district court for Winona county, Gould, J., upon the motion of defendant. At the trial defendant offered a plea in abatement to the jurisdiction of the court, which the court refused to receive. Upon the refusal of defendant to plead otherwise, the court directed a plea of “Not guilty” to be entered in his behalf.

<p>Appeal by defendant from an or‘der of tbe municipal court of Minneapolis, Maboney, J., denying a motion for a new trial.</p>

Appeal by relator from an order of the district court for Carver county, Cadwell, J., quashing an alternative writ of mandamus. The board could not antedate the license. A license to sell liquor cannot relate back. Black, Intox. Liq. § 122; State v. Hughes, 24 Mo. 147; Edwards v. State, 22 Ark. 253; Kingston v. Osterhoudt, 23 Hun, 66; Commonwealth v. Welch, 114 Mass. 356. Mandamus is the proper proceeding to correct the error of the board. Black, Intox.

Action in the district court for Pope county against A. L. Evans, Duluth, Huron & Denver Railroad Company, and others to recover from defendant Evans for work and labor performed in the construction of the railway of defendant company, and to have the amount adjudged due declared a lien on the railway, and for foreclosure of such lien. Evans was the general contractor for the construction of the railway and plaintiff was subcontractor under Evans.

Action in the municipal court of St. Paul. Defendant Wight answered, and the case was tried without a jury, before Twohy, J., who ordered judgment in favor of plaintiffs for $79.98. From an order denying a motion for a new trial defendant Wight appealed.

Appeal by plaintiff from an order of the district court for Ramsey county, Willis, J., denying a motion for a new trial.

Appeal by plaintiff from a judgment of fbe district court for the counties of Crow Wing and Cass, in favor of defendants, entered in pursuance of the findings and order of Holland, J.

Appeal by defendant from an order of the district court for Clay county, Baxter, J., overruling a demurrer to the complaint.

Appeal by plaintiff from*a judgment of the district court for Hennepin county, entered in pursuance of the findings and order of' Jamison, J.

Appeal by Matthew Gallagher, assignee of Herman A. Westphal, insolvent, from an order of the district court for Hennepin county, Hooker and Hicks, JJ., disallowing a part of the assignee’s final account. Eichard Walsh and certain other creditors of. the insolvent appeared at the hearing in-opposition to the allowance of the account.

In the matter of the assignment of Lucius L. Clark and Frank E. Dickinson, and the Clark-Dickinson Furniture and Carpet Company, a limited partnership, insolvents, to Jerome S. Beach, as assignee, in the district court for Hennepin county, John V. Farwell Company filed its petition praying that the creditors of the insolvents have leave to participate in the distribution of the assets without filing releases.

Appeal by defendant from an order of the district court for Norman county, Ives, J., overruling a demurrer to the complaint.

Action in justice court. From a judgment in favor of defendant, plaintiff appealed to the municipal court of St. Paul. The case was tried there before Orr, J., and a jury, which rendered a verdict in favor of plaintiff. From a judgment in favor of plaintiff for $81.47 defendant appealed.

Appeal by plaintiffs from a judgment of the district court for Polk county, reversing a judgment of a justice of the peace in favor of plaintiffs.

Appeal by defendant from an, order of the district court for Ramsey county, Brill, J., denying a motion for a new trial.

Action in the district court for Sherburne county to compel defendant to remove its telephone line from the highway, and to enjoin defendant perpetually from maintaining such line. The case was submitted to the court, Baxter, J., upon the pleadings and upon an agreed statement of facts.