Volume 62 — Minnesota Reports

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

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

Action in the district court for St. Louis county against Fred N. Brett, Eugene T. Merritt and Great Western Mining Company to-enforce a vendor’s lien. Defendant company alone answered. The case was tried before Lewis, J., who found in favor of defendant company and ordered judgment that plaintiff take nothing by the action and that said defendant was owner in fee of the premises. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial. The part of the charge referred to in the opinion, under the discussion of the ninth assignment of error, and found in folios 135 to 137 of the paper book, is as follows: “There isn’t any such taking of notes in this case.

Appeal by defendant from an order of the district court for St. Louis county, Lewis, J., denying his application to set aside the judgment and for leave to answer. The confirmation of the assessment was void, because the notice of the application was never published in the manner required by statute, and such publication is essential to jurisdiction.

Certiorari on tbe relation of Frederick W. Blakeman, executor ■of tbe last will and testament of William Blakeman, deceased, .against tbe judge of tbe probate court for Hennepin county and Kate Blakeman, widow of said deceased.

Action in the district court for Hennepin county to recover $500 paid as earnest money.upon a contract of sale.

Action in the district court for Hennepin county to recover $5,000 on a policy of insurance. The defendant in its answer and on the trial offered to pay to the plaintiffs a sum equal to the amount of assessments paid by the testator to it, with interest, but plaintiffs refused to accept the same. The case was tried on an agreed statement of facts before Russell, J., who found in favor of plaintiffs and ordered judgment for the sum of $5,000, with interest.

<p>Appeal by plaintiff from an order of tbe district court for Bamsey county, Otis, J., denying a motion for a new trial.</p>

Action in the district court for Washington county against D. M. Sabin, J. S. O’Brien, David Tozer, Sanuiel Matthews, E. W. Durant, and Jacob Bean, upon an undertaking alleged to have been executed by them. After trial and verdict in favor of plaintiff for $76,343.07, plaintiff by leave of court amended his complaint as stated in the opinion, and defendants interposed a demurrer to the amended complaint, which the court overruled.

Action in the municipal court of Stillwater. The case was tried before Jack, J., who found as facts substantially as follows: (1) That defendant city is a municipal corporation. (2) That, during the year 1886, plaintiff, then being a fireman in the employ of the fire department of the city, was, by the chief of said department, appointed driver of the patrol wagon, and that said wagon was used jointly by the fire department and the police department.

Appeals by defendants from an order of the district court for Jaekson county, P. E. Brown, J., denying a motion for a new trial, and from a judgment in favor of plaintiff for $5,141.11.

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

Appeal by defendant from an order of the district court for Hennepin county, Elliott, J., denying a motion for a new trial. At the trial, after the charge to the jury, defendant’s counsel asked permission to.take exception to the written portions of the charge, when he had examined the same, and the court replied, ‘Certainly, you can do so.” Such leave was granted without the knowledge or consent of plaintiff or his counsel, who were present, but did not hear the same.

Appeal by plaintiff from an order of the district court for Ramsey county, Egan, J., denying a motion for a new trial. It is the duty of the owner of a building to keep it in proper order, so that no one may be injured by it. Barnes v. Beirne, 38 La. Ann. 280; Tucker v. Illinois C. Ry. Co., 42 La. Ann. 114, 7 South. 124; 2 Shearman & Redfield, Negligence, § 702. The falling of the walls and signs without apparent cause raised a presumption of negligence.

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

Action in the district court for Hennepin county. The court, Hicks, J., found in favor of plaintiff, and ordered judgment in her favor for $1,060. From an order denying a motion for a new trial defendant Gaylord appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, Russell, J., denying a motion for a new trial. If the permit was issued without authority, it is no defense. The evidence offered by plaintiff, and excluded, tended to show that the steps necessary for the issuance of a valid permit were not taken. The state is not bound by a permit so issued.

<p>St. Paul — Licensing Dealers in Meat and Poultry.</p> <p>Ordinance No. 1799 — Giltinan’s Ordinances, St. Paul (1896) § 204 — of the city of St. Paul, providing for the licensing of retail dealers in fresh or butchers’ meat and dressed poultry, and prohibiting all sales thereof, except in the public market, without a license, is valid.</p>

Defendant was convicted March 8, 1895, in the district court for Hennepin county, of murder in the first degree, and March 11, 1895, was sentenced to be confined in the county jail and after three months, at a time to be fixed by the governor of the state and designated in his warrant, to be hanged.

<p>Rulings — Admissions in Answer — Error without Prejudice.</p> <p>The rulings of the trial court, specified in the third and fifth divisions of the former opinion and syllabus in this case, though erroneous, held to be error without prejudice, on account of certain admissions in the answer.</p> <p>Insolvency — Evidence ot Reputation.</p> <p>Whether or not evidence of reputation is competent to prove either solvency or insolvency, quaere. But, held, such evidence is competent as tending to prove notice, or want of notice, of insolvency, .or cause, or want of cause, to believe the reputed party insolvent.</p> <p>Error without Prejudice.</p> <p>The ruling of the trial court specified in the second division of said former opinion and syllabus, though erroneous, held not sufficiently prejudicial to justify a reversal.</p> <p>Former Opinion Adhered to.</p> <p>In all other respects, former opinion adhered to.</p>

Appeal by defendants from a judgment of tbe district court for Le Sueur county, in favor of plaintiff, entered in pursuance of findings and order by Cadwell, J.

Two cases against the same defendant in the district court for Hennepin county. In the McDonough case, defendant appealed from an order of Jamison, J., denying a motion for a new trial. In the Hughes case, plaintiff appealed from a judgment in favor of defendant, entered in pursuance of the findings and order of Belden, J. Affirmed.

Action in the district court for St. Louis county by William E. Iselin and others against Sigmund Simon and another, defendants, and Duluth Dry Goods Company, garnishee. Charles Scheuer intervened as claimant. The action was tried before Lewis, J., who found in favor of plaintiffs.

Appeal by plaintiff from an order of tbe district court for Le Sueur county, Severance, J., sustaining a demurrer to the complaint.

Action in the district court for Hennepin county. The case was tried before Hicks, J., who ordered judgment in favor of plaintiff Annie M. Filiatraut, and against the other plaintiffs. From an order denying a motion for a new trial the other plaintiffs appealed.

Action in the district court for St. Louis county on a promissory note for $500 made by defendants A. E. Humphreys and G. J. Atkins to defendant Horace V. Winchell and by him indorsed to defendants Fletcher, Rockwood & Dawson. From an order, Moer, J., overruling his demurrer to the complaint, defendant Winchell appealed.

Appeal by defendant from a judgment of the district court for Big Stone county, in favor of plaintiff for $68.03, entered in pursuance of the findings and order of C. L. Brown, J.

Appeals by plaintiff in each case from an order of the district court for- Ramsey county, Kelly, J., denying a motion to set aside the judgment against plaintiff and grant a new trial.

Appeal by defendants from an order of the district court for Hennepin county, Hicks, J., denying their separate motions for a new trial.

Action in justice court on a promissory note made' by defendant. From a judgment for plaintiff defendant appealed to the district court for Renville county on questions of law alone. From a judgment of the district court in favor of plaintiff and against said defendant and the sureties on his appeal bond for $93.17, they appealed.

Action in the district court for Hennepin county under G. S. 1894, c. 76, in behalf of plaintiff and all other creditors of the Citizens Bank of Minneapolis who should become parties, against Walter N. Carroll, as assignee of said bank, and others, to enforce the liability of the stockholders of said bank under G. S. 1894, § 2501.

On November 9, 1894, defendant corporation, organized under the laws of Missouri, at St. Louis, Missouri, executed to one Tittman, for the benefit of creditors, an assignment of all its property in the states of Missouri, Illinois, Kansas, and Wisconsin. On November 15, 1894, action was commenced by personal service upon defendant in tbe district court for Washington county, and on December 26, 1894, judgment was entered in favor of plaintiff for $714.64.

Action in the district court for Freeborn county by A. H. Street against the town of Alden, G-. B. Math wig and Peter V. Svendsen, to set aside a verdict rendered in justice court. The case was tried before Buckham, J., who ordered judgment in favor of plaintiff. From an order denying their motion to set aside the findings of fact and conclusions of law and for a new trial, defendants Mathwig and Svendsen appealed.

Action in the district court for Hennepin county. The case was tried before Smith, J., and a jury, which rendered a general verdict-in favor of plaintiff, and also returned certain special findings referred to in the opinion. A motion by defendant for a new trial, on the ground that the verdict was not justified by the evidence and was contrary to law, and on the ground of error in law occurring at the trial and excepted to by defendant and of excessive damages, was denied.

Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial. The assessment was legal, just and equal. Plaintiff need not prove all the facts on which he allowed the losses for which the assessment is made. He need only show that sufficient claims for losses have been presented, which he allowed, to make up the sum for which he assessed the notes.

Appeal by defendant from an order of tbe district court for Ramsey county, Kerr, J., overruling a demurrer to tbe complaint.

Information in the district court for Hennepin county for a writ of mandamus to compel respondent, county auditor of Hennepin county, to place on the tax hooks and assess- certain property. An alternative writ of mandamus issued, respondent answered, and the matter was heard by the court, Jamison, J., on motion of relator for a peremptory writ of mandamus notwithstanding the answer.

Action in the district court for Polk county to foreclose a mortgage. From a judgment that the mortgage and notes secured by it were fully paid and satisfied, entered in pursuance of the findings and order of Ives, J., plaintiff! appealed.

Action in the municipal court of Minneapolis by Peter Boosalis and others as copartners against Charles Stevenson and Charles J. Winneberg as copartners. At the trial one of plaintiffs testified, in regard to the account book referred to in the opinion, that the- book was the one he kept his accounts in; that the accounts were made’ by himself in his own handwriting at the time of day he sold the; goods; and that the items were just and true. The court,.Holt,.

Action in justice court to recover the possession of lands held by defendants after the foreclosure of a mortgage thereon. From a judgment in favor of plaintiff defendants appealed upon questions of law and fact to the municipal court of St. Paul. From a judgment of the municipal court in favor of plaintiff, entered in pursuance of the findings and order of Twohy, J., defendants appealed.

Appeal by defendant railway companies from an order of the-district court for Swift county, Powers, J., denying a motion for anew trial.

<p>Appeal by defendants from a judgment of tbe district court for St. Louis county, entered in pursuance of an order by Moer, J.</p>

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

Appeal by defendant from an order of the district court for Scott county, Oadwell, J., denying a motion for a new trial, after a verdict for $185 in favor of plaintiffs.

Appeal by defendants from a judgment of the municipal' court' of St. Paul, entered in pursuance of the findings and order of Orr, J,

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

Appeal by defendant from a judgment of tlie municipal court of Duluth, entered in pursuance of findings and order by Winje, Special Judge, and also from an order denying a motion for a new trial.

Appeal by plaintiff from an order of the district court for Washington county, Williston, J., granting a motion for a new trial.

Appeal by plaintiffs from an order of the district court for Marshall county, Ires, J., denying a motion for a new trial. Defendant, by signing his name on the back of the note for the purpose of guarantying its payment, thereby authorized plaintiffs io' write over it in full the guaranty, or whatever other contract was entered into; and this, when written, was a sufficient note or memorandum to take the case out of the statute of frauds.

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

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., sustaining plaintiff’s demurrer to the answer.

<p>Gift Causa Mortis — Mental Competency.</p> <p>The same degree of mental competency is required to make a gift causa mortis as is required to make a will.</p> <p>Findings Sustained.</p> <p>Evidence considered, and held to sustain the findings of the trial court.</p>

<p>Appeal by defendant from an order of the district court for Polk. county, Ives, J., denying a motion for a new trial.</p>

Action in the district court for Washington county by Stillwater Hardware Company against G. E. Campbell as defendant, and Edwin St. John as garnishee. Flora Campbell intervened as claimant of moneys' due by the garnishee to defendant, and from a judgment in favor of plaintiff and against the garnishee for $222.08, entered in pursuance of the findings and order of Williston, J., the intervenor appealed.

Action in justice court to recover for work and labor performed and for materials furnished for defendant at her instance and request. From a judgment in favor of defendant, plaintiff appealed to the district court for Hennepin county.

Appeal by defendant from a judgment of the district court for Clay county, in favor of plaintiff for f552.61. The case was tried before Searle, J., and a jury.

■ Petition in the district court for St. Louis county on the relation of Robert C. Bay, as executor of the will of James D. Ray, deceased, for a writ of mandamus commanding respondent, as auditor of said county, to execute certificates of redemption stating the amounts necessary to redeem certain lands belonging to the estate of the testator from a- tax sale, held on May 5, 1890.

Appeal by plaintiff from a judgment of the district court for Ramsey county, in favor of defendant, entered in pursuance of the findings and order of Iverr, J.

Action in the district court for Hennepin county. The complaint alleged in substance that defendants conspired to procure the building of valuable improvements, without paying for them, on the land standing in the name of defendant Charles N. Chadbourn, but in fact owned by his father, defendant C. H. Chadbourn; that in pursuance of said conspiracy defendant Charles N. Chadbourn conveyed the land without consideration to defendant Ackerwold, who thereupon mortgaged it…

Appeal by plaintiffs, co-partners as Larsen, Carpenter & Co., from a judgment of the district court for Polk county, in favor of defendant, entered in pursuance of the findings and order of Ives, J.

Appeal by plaintiffs from an order of the district court for Ram•■■sey county, Otis, J., denying a motion for a new trial.

Appeal by defendant from a judgment of the district court for Martin county, in favor of plaintiff for $79.91, entered in pursuance of the order of Severance, J.

Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., sustaining the demurrer of defendant Fleming to the complaint.

Appeal by defendants from an order of the district court for St. Louis county, Ensign, J., overruling their separate demurrers to the first, second, fourth and fifth causes of action set forth in the complaint.

Appeal by plaintiff from a judgment of the district court for Eamsey county, in favor of defendant, entered in pursuance of the findings and order of Otis, J. The owner of property damaged by tortious acts of defendant or its contractor arising out of matters or transactions within the general powers of the corporation has his remedy by action, and is not estopped by failure to object to judgment in special proceedings to assess for benefits resulting from an improvement to…

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

<p>Appeal — Order Appointing Receiver in Foreclosure Suit — Certification of Proceedings.</p> <p>An order appointing a receiver in a foreclosure suit pending the action is an appealable order. The office of a hill of exceptions is to bring up for review the rulings of the court on a trial on the merits. But the hearing of a motion for the appointment of such a receiver is not such a trial. However, on an appeal from any appealable order, the appellant is entitled to have the proceedings had on the hearing so returned that they can be reviewed, and, when necessary for that purpose, it is the duty of the judge or court below to malee and certify to a proper statement of the proceedings so had before him.</p> <p>Hearing of Motion — Oral Evidence.</p> <p>On the hearing of a motion (as distinguished from a final trial on the merits) it is discretionary with the court whether or not he will hear it on oral evidence, and he should do so only in exceptional cases.</p>

Appeal by respondent from an order of the district court for Ramsey county, Brill, Otis, and Kelly, JJ., granting relator’s petition for a peremptory writ of mandamus and denying respondent’s motion to discharge the alternative writ.

Submission of an agreed case to the district court for Hennepin county. The case was heard by Elliott and Jamison, JJ., who found in favor of plaintiff for $100 and interest and ordered judgment accordingly. From an order, Jamison, J., denying its motion for a new trial, and also from the order for judgment, plaintiff appealed.

Appeals by defendant in each of the above cases from an order of the district court for Polk county, Ives, J., denying a motion for a new trial.

Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., sustaining separate demurrers of certain defendants to the complaint.

Appeal by defendant from an order of the district court for Ramsey county, Willis, J., denying a motion for a new trial. To accomplish a change in the terms of an old lease, a notice must be served before its termination, and before the new status, by legal implication, has become fixed. Wood, Landlord & T. (2d Ed.) pp. 27, 28, 38, 89; Hunt v. Bailey, 39 Mo. 257; Despard v. Walbridge, 15 N. Y. 374; Higgins v. Halligan, 40 111. 173.

Appeal by defendants from an order of the district court for Stearns county, Searle, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $48464, directed by the court.

Appeal by defendants from an order of the district court for Houston county, Whytock, J., denying a motion for a new trial.

Appeal by defendant from a judgment of the district court for Hennepin county in favor of plaintiff for $9,123.78, entered in pursuance of the findings and order of Smith, J.

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

Appeal by C. B. Smith and others from an order of the district court for Hennepin county, Belden, J., dismissing their appeal from an order of the probate court.

Appeal by plaintiff from a judgment of the district court for Rock county in favor of defendant, entered in pursuance of the findings and order of Cadwell, J.

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

Appeal by defendant from an order of the district court for Ramsey county, Egan, J., denying a motion for a new trial, after trial by the court and order for judgment for plaintiff for $129.09. A voluntary payment of a certain sum, to indemnify for expenses incurred in a service voluntarily rendered, is not a ratification which makes the payee the agent of the principal as regards such services. Camp v. United States, 113 U. S. 648, 5 Sup. Ct. 687; 1 Am. & Eng. Enc. Law, 431.

Appeal by defendant from an order of the district court for Ramsey county, Egan, J., denying a motion for a new trial, after trial by the court and order for judgment for plaintiff for $179.09.

<p>New Trial.</p> <p>Order granting a new trial, because the verdict was not sustained by the evidence, affirmed. Hicks v. Stone, 13 Minn. 398 (434), followed.</p> <p>Fraud on Creditors — Chattel Mortgage — Overstatement of Debt.</p> <p>Where a chattel mortgage is executed in good faith for a valuable consideration, and not for the purpose of defrauding creditors of the mortgagor, the fact that it was given to secure a larger sum than is actually due does not affect its validity, but such overstatement of the debt secured, unexplained, indicates fraud, and the burden is upon the mortgagee claiming under the mortgage as against creditors to explain the overstatement, and establish the bona fides of his mortgage.</p>

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

Appeal by defendant William Kennedy from an order of the district court for Ramsey county, Otis, J., overruling his demurrer to the complaint. The common-law liability of a husband for his wife’s torts was by necessary implication abrogated by Pub. St. 1858, c. 61, § (106); Martin v. Robson (Freeman) 65 111. 129; Norris v. Corkill, 32 Kan. 409, 4 Pac. 862; Bovard v. Kettering, 101 Pa. St. 181, 184; Harris v. Webster, 58 N. H. 481.

Action in tbe district court for Itasca county to recover $328.46, less a payment of $34.27, with interest, for driving 328,460 feet of pine logs at one dollar per M.; under a contract dated April 7, 1891. The answer admitted the contract and the delivery of the logs to plaintiff, hut denied that plaintiff drove more than 172,000 feet of the logs, and alleged that 155,460 feet of the same remained undriven and unaccounted for.

Action in the district court for Hennepin county by plaintiff, as assignee of Farmers’ and Merchants’ State Bank, insolvent, against Tracy M. Hiltgen on a promissory note payable to said bank. From an order, Elliott, J., denying a motion for a new trial, defendant appealed.

<p>Appeal by M. M. Clark from an order of tbe district court for St. Louis county, Moer, J.</p>

Action in the district court for Ramsey county by Augusta Becker against the Minnesota Odd Fellows Mutual Benefit Society. Defendant society paid the amount in controversy into court, and Henrietta Kuhl was substituted as defendant. From an order, Willis, J., denying a motion for a new trial defendant appealed.

Appeal by defendant from a judgment of the district court for Goodhue county, in favor of plaintiff, entered in pursuance of the findings and order of Williston, J.

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

<p>Payment to Use of Corporation by Officer.</p> <p>The plaintiff Campbell, being the president and general manager of the defendant, a business corporation, with full control of the management of its business, including authority to handle and disburse its funds, ,-and provide the same,” requested the plaintiff Rosemond, a stockholder, to join him in advancing the money to pay a matured debt of the defendant for the payment of which' it had no funds. Plaintiffs thereupon jointly advanced the funds and paid the debt. In an action to recover for money paid to defendant’s use, held that, in paying defendant’s debt, plaintiffs were not mere volunteers, and Were entitled to recover.</p> <p>Secondary Evidence — Notice to Produce.</p> <p>Also, that a proper foundation was laid for the introduction of secondary evidence of the provisions of defendant’s by-laws as to the authority of Campbell as president and general manager.</p> <p>Corporation — Authority of Officer to Borrow.</p> <p>Also that, under the facts stated, Campbell had implied authority to borrow or provide funds with which to pay the debts of the defendant in the due course of its business, even in the absence of any express authorization in the by-laws or by formal resolution of the directors.»</p> <p>Corporate Debt.</p> <p>Also that, upon the evidence, it was a question for the jury whether the bill paid by plaintiffs was the debt of the defendant.</p>

Action in the district court for Ramsey county. The case was tried before Otis, J., who ordered judgment in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

Appeal by Andrew C. Dunn from a judgment of the district court ■for Blue Earth county, entered in pursuance of the findings and order ■of Severance, J.

Appeals by plaintiff in each of the above-entitled actions from orders of the district court for Hennepin county, Elliott, J., granting the motion of defendant Reed in the first action and of defendant Paulson in the second action for a new trial.

Appeal by relator from an order of the district court for St. Louis-county, Moer, J., overruling a demurrer to the answer.

<p>Injury to Employe — Negligence—Scope of Employment.</p> <p>In an action by a servant against his master for damages for personal injury, held, on the evidence, it was a question for the jury whether or not the master was negligent, and whether or not the servant at the time of his injury was acting within the scope of his employment.</p>

Appeal by plaintiff from a judgment of the district court for Mower county, entered in pursuance of the order of Why took, J.

Action in the district court for Waseca county against John Meyers and Henry Reynolds, sheriff of said county. The answer' of defendants substantially admitted or alleged the facts stated in the first paragraph of the opinion. From an order, Buckham, J., sustaining a demurrer to the answer, defendants appealed.

Action in the district court for Meeker county for conversion. The case was tried before Powers, J., who directed a verdict in favor of plaintiff for $80.08. From an order denying a motion for a new trial, defendant appealed.

<p>Appeal by defendant from an order of the district court for Norman county, Ives, J., denying a motion for a new trial.</p>

Appeal by defendants from a judgment of tbe district court for Ramsey county, sustaining a demurrer to the answer and adjudging, that plaintiff recover $10,090.28 from defendants, entered in pursuance of the order of Egan, J.

Separate appeals by St. Paul Trust Company, as executor of the ■estate of Norman W. Kittson, deceased, and by Norman Kittson and others, from orders of the district court for Ramsey cdunty, Kelly, • J., respectively denying the motion of said executor to vacate and set -aside certain parts of the findings of fact and conclusions of law and for a new trial, and denying the motion of Norman Kittson and others to vacate and set aside the findings and decision and for a new…

Appeal by defendant from an order of the district court for Scott county, Cadwell, J., denying a motion for a new trial. The amendment to the complaint allowed by the court and referred to in the paragraph of the opinion numbered (1) was in substance an allegation that the name “Traguor, John,” in the list was intended for plaintiff and was so understood by all the members of the association who received and read the list and by other readers thereof.

Action in the district court for Ramsey county by James Wilkes, guardian ad litem for John Wilkes, a minor, against C. Shields. From an order, Otis, J., overruling a demurrer to the complaint, defendant having consented that the demurrer should be heard on the merits as if the action were brought in the name of John Wilkes by James Wilkes, his guardian ad litem, defendant appealed.

Petition in the district court for Hennepin county in the matter of the assignment of Isaac Ekbefg and others, insolvents, by Nathan Schloss and others, creditors of said insolvents, in their own behalf and in behalf of all other creditors, for leave to participate in the benefits under the assignment without being required to file releases of their respective claims. From an order, Jamison, J., in favor of petitioners, the insolvents appealed.

Appeal by defendant Winnebago Paper Mills from a judgment of the district court for Hennepin county, in favor of plaintiff, entered in pursuance of the order of JBelden, J.

<p>Railway — Regulation for Collection of Fares.</p> <p>A regulation of the defendant, intended to secure the orderly and certain collection of fares or tickets from all passengers on its suburban railway train, considered, and held to be a reasonable one, which its conductor was legally justified in enforcing against the plaintiff, although he had no previous notice of it.</p> <p>Findings Sustained.</p> <p>Evidence considered, and held to sustain the findings of fact by the trial court.</p>

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

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

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

Appeal by certain defendants, alleged in the complaint to be stockholders of defendant corporation, from an order of the district court for Hennepin county, Russell, J., overruling demurrers to the complaint.

Petition by relator in tlie district court for Ramsey county for a writ of mandamus to St. Paul, Minneapolis & Manitoba Railway Company, Great Northern Railway Company, St. Paul & Northern Pacific Railway Company, and Northern Pacific Railroad Company.

Action in the district court for Houston county. The complaint alleged in substance that plaintiff as sheriff sold under execution certain land to defendant, who was the highest bidder, for $800; that the bid was made by a son of defendant, as his agent; that plaintiff had tendered to defendant a certificate of sale of the land and demanded payment; and that defendant had refused to accept the certificate or to pay. The other facts are stated in the opinion.

Appeal by defendants from an order of tbe district court for Otter Tail county, Baxter, J., denying- a motion for a new trial, after a verdict in favor of plaintiff for $694.28.

Action in the district court for Ramsey county against Achille Michaud, Eleanora Langevin, Emma Flanagan and Mary E. Michaud. A separate answer was interposed by the first named defendant. The other defendants interposed a joint and several answer. From an order, Kelly, J., sustaining demurrers to the answers, defendants jointly and severally appealed. Reversed as to Achille Michaud.

Appeal by defendants from a judgment of the municipal court of Duluth for $369.59 in favor of plaintiff and against Broadway Insurance Company, garnishee, entered in pursuance of the order of Powell, J.

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., denying a motion for a new trial, after conviction of murder in the first degree. Proof of the commission of an independent crime by defendant cannot be introduced to connect him with the crime charged. Hoberg v. State, 3 Minn. 181, (262); Shaffner v. Com., 72 Pa. St. 60; State v. Lapage, 57 N. H. 245; People v. Corbin, 56 A. Y. 363; Coleman v. People, 55 N. lr. 81; Snyder v. Com., 85 Pa.

Appeal by plaintiffs from an order of the district court for Henne-pin county, Hicks, J., correcting a judgment in favor of plaintiffs.

Appeals by plaintiff from orders of the district court for St. Louis county, Ensign and Lewis, JJ., respectively sustaining demurrers t© the complaint and denying a motion for the appointment of a receiver.

Appeal by plaintiff from a judgment of the district court for Sibley county, dismissing the action. The case was tried before Cad-well, J., and a jury, and when plaintiff rested, the court granted the motion of defendants Holzkamp and Dahms to dismiss the action..

Mandamus in tbe district court for Ramsey county to compel defendant, comptroller of tbe city of St. Paul, to audit and adjust certain accounts, amounting to $1510.88, and to transmit tbe same, so audited and adjusted, to tbe common council of tbe city for its action.

Three separate proceedings in the district court for Hennepin county to enforce payment of taxes on real estate. The cases were tried together before Jamison, J., and were separately certified to the supreme court. Defendant’s motion to strike the proceedings from the calendar should have been granted. The clerk’s register is one of the records of the court. Gr. S. 1894, § 861. Defendant’s motion to dismiss should have been granted.

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

Action in the district court for Wright county. The case was tried before Jamison, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. From a judgment entered pursuant to the verdict defendant appealed.

Appeal by defendant from a judgment of the municipal court of St. Paul, in favor of plaintiff for $136.67, entered in pursuance of the findings and order of Twohy, J. Parol evidence is inadmissible to add to or vary the terms of the policy of the Albany Company. 2 Taylor, Ev. § 1053; Greenleaf, Ev. § 281; citing Weston v. Ernes, 1 Taunt. 115; 3 Phillipps, Ev. 233, citing Wilson v. Hanson, 12 Me. 58; Lewis v. Thatcher, 15 Mass. 431; Higginson v. Dali, 13 Mass. 96.

<p>Case certified from district court for Le Sueur county, Cadwell, J.</p>

Appeal by defendant from a judgment of the district court for Hennepin county. Plaintiff had previously appealed, and upon hearing of the appeal the supreme court remanded the cause to the district court with directions to modify its judgment in accordance with the opinion of this court, 59 Minn. 332, 61 N. W. 324.