Volume 64 — Minnesota Reports

Action in the district court for Norman county for the dissolution of a partnership between plaintiffs and defendants, and for an accounting.

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

Action in the municipal court of Minneapolis. The complaint alleged that defendants executed to M. White a certain note and a chattel mortgage securing the same, wherein they agreed that on default the mortgagee or his assigns could take the mortgaged property and sell it in payment of the amount secured; that said note and mortgage were assigned to plaintiff; that the mortgage was in default and that defendants had refused to deliver the mortgaged property on demand.

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

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

Proceeding in the district court for Renville county by Joseph Smith to contest the validity of an election held July 18, 1894, for changing the county seat of said county. The matter was tried before Webber, J., who found that the county seat was changed by the election. From a judgment entered in pursuance of such findings, the contestant appealed.

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

Appeal by defendants from a judgment of tbe district court for Washington county, in favor of plaintiff for $3,578.79, entered in pursuance of tbe findings and order of Williston, J.

Action in the district court for Hennepin county for an injunction restraining defendants from maintaining a ditch across plaintiff’s lands, and requiring defendants to fill up said ditch. The case was tried before Hicks, J., whose findings of fact are referred to in the opinion, and who found as conclusion of law that plaintiff was entitled to the relief demanded.

Appeal by plaintiffs from a judgment of the district' court for St. Louis county, adjudging that they were not entitled to a lien, entered in pursuance of the findings and order of Moer, J.

Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., denying a motion for a new trial. The refusal of a banker, who has sufficient funds of his customer for that purpose, to pay his order or draft, is a wrongful act, injurious to his credit, and entitles him to substantial damages, though no actual damages are proved. Eolin v. Steward, 14 C. B. 595; Patterson v. Marine Nat. Bank, 130 Pa.

<p>Foreclosure of Mortgage — Receiver.</p> <p>In an action to foreclose a mortgage, the insolvency of the mortgagor, the inadequacy of the security, and the failure to apply the rents of the mortgaged premises in keeping up the security, by paying delinquent taxes and interest past due on the prior mortgage, is a sufficient ground for the appointment of a receiver pendente lite to collect the rents and so apply them.</p> <p>Same — Assignment of Rents.</p> <p>That the mortgagor, at the time of mailing the first mortgage, gave the mortgagee therein named a written assignment of these rents cannot be urged by the mortgagor as a reason why a receiver should not be appointed.</p> <p>Motion — Affi davits.</p> <p>Held, the court below, after giving the parties ample opportunity to present affidavits on the motion, did not abuse its discretion in refusing to hear any more affidavits, not presented at the proper time.</p> <p>Parties — Appearance.</p> <p>Held, the appellant, who was not originally a party to the action, voluntarily appeared, and became a party by appearing and opposing the motion on the merits, and submitting to and complying with an order then and there making him a party, notwithstanding his claim that he was appearing specially only.</p>

Appeals by defendant from an order of the district court for Hennepin county, Belden, J., and also from a judgment in favor of plaintiff.

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

Action in the district court for Washington county, Williston, J. The jury rendered a verdict in favor of plaintiff for $3,000. The court made an order granting a motion for a new trial, unless plaintiff consented to a reduction of the verdict to $1,200, and, in case of such consent, denying the motion. Plaintiff consented, and from the order denying his motion defendant appealed.

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

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., denying a motion for further findings of fact and conclusions of law, and denying a motion for a new trial.

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

Action in the district court for Olmsted county by Jacob Leqve, as assignee of George Stoppel, Sr.,-and others, insolvents, to set aside certain conveyances as fraudulent and void as against the creditors of George Stoppel, Sr. The insolvents were the several persons who composed the partnership engaged in the creamery business, which is referred to in the opinion. The case was tried before Buekham, J., whose findings, so far as material, are stated in the opinion.

Case submitted to tbe district court for Hennepin county upon an agreed statement of facts, pursuant to GL S. 1894, §§ 6083, 6084. The facts are stated in the opinion.

Appeal by defendant Gilbertson from a judgment of the district court for Norman county against said defendant, entered in pursuance of the findings of Ives, J.

Action in the district court for St. Louis county to determine adverse claims to vacant and unoccupied lands. From a judgment in favor of plaintiff, entered in pursuance of the findings and order of Moer, J., defendants appealed.

Appeal by defendant from an order of the district court for Ramsey county, Otis, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $1,675.44.

Proceeding in the district court for Ramsey county to collect delinquent taxes upon personal property. The decision of the court was that the personal property of defendant corporation was liable to taxation, as other personal property, and that plaintiff was entitled to judgment for $6,146.13, being the amount assessed by the •county authorities after deducting the amount of taxes on real estate and bank stock.

Appeal by plaintiff from an order of the district court for Washington county, Williston, J., sustaining.a demurrer to the complaint.

Case submitted to the district court tor Hennepin county upon an agreed statement of facts, pursuant to G-. S. 1894, §§ 6083, 6084. The facts are stated in the opinion.

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

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

Action in the district court for Waseca county. The case was submitted upon an agreed statement of facts, from which the court, Buckham, J., found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

<p>■Constitution — Validity of Game Law.</p> <p>The provision of Laws 1893, e. 124, § 9, as amended by Laws 1895, c. 115, § 5, that “it shall be unlawful for any person to consign by common carrier to any commission merchant or sale market, at any time, any elk, moose, caribou or deer, or any part thereof except the skin or head” is valid, and not in violation of either the state or federal constitution.</p>

Appeal by defendant from an order of the district court for Hennepin county, Russell, J., sustaining a demurrer to the answer.

Appeal by plaintiffs from a judgment of tbe district court for St. Louis county, in favor of defendant, entered in pursuance of tbe order of Moer, J.

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

Action in the district court for Hennepin county against W. L. Lawler as principal and Thomas Lawler and M. Breslauer as sureties upon a bond. From an order, Elliott, J., overruling his demurrer to the complaint, defendant Breslauer appealed.

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

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

Action in the district court for Mower county. The jury rendered a verdict in favor of plaintiff and against defendant Chicago, St. Paul & Kansas City Railway Company for $8,000. From an order, Whytock, J., denying a motion for a new trial on condition that plaintiff consent to a reduction of the verdict to $6,000, which condition plaintiff accepted, said defendant appealed.

<p>Appeal by defendants from an order of the district court for Eamsey county, Otis, J., denying a motion for a new trial.</p>

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

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

Action against the State Bank, Kristian Kortgaard, Alden J. Blethen, Seaver E. Olson, Anton G-. Green, and John S. Nelson. From an order of the district court for Hennepin county, Smith, J., overruling the demurrers of plaintiff: to the separate answers of defendants Seaver E. Olson and Alden J. Blethen, plaintiff appealed.

Appeal by defendant from an order of tbe district court for Lyon county, Webber, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $1,750.

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

Appeal by defendant from an order of the district court for Murray county, P. E. Brown, J., denying a motion for a new trial, after ■a verdict in favor of plaintiff for $708.38.

Appeals by defendants Benjamin F. Hanscom and Caroline E. Hanscom from a judgment of the district court for Hennepin county, in favor of plaintiffs, entered in pursuance of the findings and order of Belden, J.

Information on the relation of H. W. Childs, attorney general, .and Charles EL Vorse, praying for a writ of quo warranto directed to John C. O’Leary, and commanding him to show by what warrant he holds the office of clerk of the district court for Wright ■county, and to show cause why he should not surrender the office to said Charles H. Vorse. A writ duly issued, and respondent answered.

In the matter of the estate of Gottfried Schmidt, deceased, Christina Spriesterbach and others appealed from a final decree of the probate court for Dakota county to the district court of said county. From a judgment of the district court affirming the decree of the probate court, entered in pursuance of the findings and order of Crosby, J., the appellants appealed.

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

Appeal by plaintiff from an order of the district court for Polk county, Ives, J., striking out as frivolous plaintiff’s demurrer to a portion of the complaint in intervention.

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

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

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

Appeal by plaintiff from a judgment of the district court for Otter Tail county, in favor of defendant, entered in pursuance of the order of Searle, J.

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

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

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

<p>Appeal — Affirmance—Insufficient Record.</p> <p>Order appealed from affirmed, for failure to make it appear that all the records and proceedings considered on the motion have been returned to this court.</p>

Appeal by defendants from an order of the municipal court of St. Paul, Twohy, J., denying a motion to set aside a judgment in favor of plaintiffs- for $28.79, and awarding plaintiffs $10, costs of motion.

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

Appeals by defendant, as assignee of Jacob Skoll, insolvent, from an order of the district court for Hennepin county, Russell, J.( denying a motion for a new trial, and also from an order permitting plaintiff to participate in the distribution of the insolvent estate.

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

Appeal by plaintiff from a judgment of the district court for St. Louis county, in favor of defendants Stevens and Routh, entered in pursuance of the order of Moer, J.

Action in the district court for Ramsey county. The court, Egan, J., directed a verdict in favor of plaintiff for $510. From a judgment entered pursuant thereto defendant appealed.

Appeal by defendant from a judgment of the district court for Eice county, in favor of plaintiff, for $146, entered in pursuance of the findings and order of Buckham, J.

Action in the municipal court of Duluth against W. A. Wagner, defendant, and National Bank of Commerce, garnishee. Pabst Brewing Company intervened as claimant. The court, Edson, J., found in favor of plaintiff and against the claimant. From an order denying a motion for a new trial, the claimant appealed.

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

Appeal by defendants Lynott and Ballard from a judgment of the district court for St. Louis county in favor of plaintiff, entered in pursuance of the findings and order of Morris, J.

Appeal by defendant Sheriden from an order of the municipal! court of Duluth, Edson, J., denying a motion for a new trial, and from an order striking out parts of the answer.

Appeal by plaintiff from an order of the district court for Polk county, Ives, J., sustaining the demurrer of defendant James Meehan, Jr., to the complainant.

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

Appeal by plaintiff from a judgment of the municipal court of Duluth, in favor of defendant, entered in pursuance of the findings and order of Edson, J.

Appeal by defendant from an order of the district court for Crow Wing county, Holland, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $1,074.17.

Appeal by defendant from a judgment of the municipal court of Minneapolis, Holt, J., adjudging him guilty of driving at a rate of speed exceeding six miles an hour contrary to the provisions of the city1 ordinance.

Proceeding in the district court for Hennepin county against defendants as executors of the will of James B. Moffett, deceased, for the enforcement of delinquent taxes on personal property for the year 1894, amounting with costs and penalties to $324.72.

Action in the municipal court of Duluth. At the trial, the court, Boyle, J., sustained defendant’s objection to the introduction of plaintiff’s evidence, on the ground that the complaint did not state a cause of action, and granted defendant’s motion to dismiss the action. From an order denying his motion for a new trial, plaintiff appealed.

Appeal by plaintiff from a judgment of the municipal court of Minneapolis in favor of defendant, entered in pursuance of the findings and order of Holt, J.

Appeal by plaintiff from an order of the district court for Grant county, C. L. Brown, J., denying a motion for a new trial.

Appeal by plaintiff from an order of the district court for Blue-Earth county, Severance, J., granting a motion for a new trial,, after a verdict in favor of plaintiff for $2,000.

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

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

Appeal by defendants Melvin J. Clark, who disclaimed any interest in the lands in controversy, and Clark & Scudder Lumber Company, from a judgment of the district court for Carlton county, in favor of plaintiff and against said defendants, entered in pursuance of the findings and order of Charles L. Lewis, J.

Appeal by plaintiff from.an order of the district court for Ramsey county, Kelly, J., setting aside the verdict, and directing judgment against plaintiff notwithstanding the verdict.

Appeal by F. W. Blakeman, as executor, from a judgment of the district court for Hennepin county, entered in pursuance of the findings and order of Russell, J.

<p>Quo warranto on the relation of Henry W. Childs, attorney general, and Thomas B. Hawkes against Samuel F. Wadhams.</p>

Appeal by defendant L. F. Hubbard from an order of the district court for Goodhue county, Williston, J., overruling a demurrer to the complaint. A judgment obtained in another state cannot be the foundation of a creditors’ bill in this. It must be sued over before it becomes a judgment for the purpose of any remedy here. Claflin v. McDermott, 12 Fed. 375; Walser v. Seligman, 13 Fed. 415; McLure v. Benceni, 2 Ired.

<p>Local Improvements — Void Assessment — Reassessment—Estoppel.</p> <p>The charter of the city of St. Paul provides that whenever an assessment for a local improvement, upon the real estate benefited, is, for any cause, set aside by the court, the property may be reassessed. Such an assessment was made on the property of the appellants, and, as to a part thereof, the assessment was set aside by the court, on the application of the owners, and as to the balance the city refunded to the owners the amount paid by them on such assessment. The refund was made and accepted upon the mutual understanding of both parties that the assessment was void. Helé, in proceedings for a reassessment of such property, that the fact that the original assessment was not formally set aside by the court as to the whole property was not a defense as to such owners.</p> <p>Constitution — Special Legislation — Repeal by Implication.</p> <p>The amendment to the constitution prohibiting special legislation, and providing that general laws shall be uniform in their operation, does not impart to general laws, touching any of the subjects a® to which special legislation is prohibited, a repealing effect they would not have without it, or change existing rules of statutory construction as to repeals by implication, or render such general laws invalid unless they repeal all prior special laws relating to the same subject. Whether such special laws shall be repealed, and, if so, when and how, are matters left by the amendment to the discretion of the legislature.</p> <p>City of St. Raul — Reassessment—Laws 1893, c. 200.</p> <p>Heldi, accordingly, that the special provisions of the charter of the city of St. Paul providing the method of making and collecting reassessments were not repealed hy Laws 1893, c. 206.</p>

Appeal by defendant bank from an order of the district court for Hennepin county, Russell, J., denying a motion for a new trial. In case of an involuntary assignment, the assignee has no extraterritorial jurisdiction over real property as against an attaching creditor of the assignor, whether the attachment is before or after the assignment. BurrilJ, Assgmts. §§ 2, 172, 277 (2, 303, 304). See Story, Confl. Laws (8th Ed.) § 404.

Appeal by defendant from an order of the district court for Hennepin county, Belden, J., overruling a demurrer to the complaint. The attorney general must be a party to actions against corporations which involve only public rights and interests, and he may institute such actions only when such public rights - or interests are involved.

Action in the district court for Hennepin county. Defendant appeared specially, and moved for an order setting aside the service of the summons and complaint. From an order, Jamison, J., denying its motion, plaintiff appealed.

Action in the municipal court of Duluth. The complaint alleged that, while plaintiff was driving across the track of defendant, his carriage was negligently run into by one of defendant’s cars, and that said car could not be seen by plaintiff for the reason that other cars were by defendant negligently, and contrary to Sp. Laws. 1881, Ex.

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

<p>Evidence —Relevancy.</p> <p>In an -action to recover for goods alleged to have been furnished to a corporation at the request of the defendant, who was its president, and upon his promise to personally pay for them, there was no written contract, and the evidence of the parties was conflicting as to the alleged promise of the defendant to pay for the goods. Eelds, that evidence that at the time the corporation was insolvent, and already largely indebted to the plaintiffs, and its credit worthless, was competent, as directly tending to show that the testimony of one party was more reasonable than that of the other.</p>

Action in the district court for Hennepin county by Frank Foreman, doing business under the name of the Keeley Institute.

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

Certiorari issued to the governor, state auditor, and secretary of state of the state of Minnesota, for the purpose of reviewing their action as commissioners under the provisions of Laws 1895, c. 298, by which certain territory was detached from Cass county and attached to Crow Wing county.

Action in the district court for Hennepin county by Louise Gillespie against James W. Gillespie, her husband, and the Farmers’ & Mechanics’ Savings Bank of Minneapolis, for conversion of $775, alleged to have been deposited by defendant Gillespie in said bank.

Petition in the district court for Polk county in the matter of the assignment of A. Holmboe, insolvent, for the distribution of the insolvent’s estate among his creditors without their filing releases. From an order, Ives, J., directing distribution as prayed for, the insolvent appealed.

Appeals by defendants Peet and Stark from an order of the district court for Ramsey county, Kelly, J., overruling separate demurrers to the complaint.

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

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

Appeal by defendant from an order of the district court for Bamsey county, Willis, J., granting a motion for a new trial.

Appeal by defendant from an order of the district court for Hennepin county, Jamison, J., directing him, as receiver of the City Bank of Minneapolis, insolvent, to pay over to plaintiff $14,-217.68 and interest in full payment of plaintiff’s claim against said insolvent.

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

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

Statutory action in the district court for Ramsey county by the receiver of an insolvent corporation to determine the adverse claim of defendant to certain lots in the city of St. Paul. The answer set up an interest in each of the lots described by virtue of certain certificates of sale issued by the city of St. Paul under proceedings, to collect a local assessment for filling, grading and improving Langford Park.

Appeal by plaintiff from a judgment of tbe district court for St. Louis county in favor of defendant, entered in pursuance of a verdict, after trial before Ensign, J., and a jury.

Appeal by certain defendants, except Lane & Raymo, in each. case from orders of the district court for St. Louis county, Ensign, J., overruling a demurrer to the complaint.

Appeal by defendant Cheesebrough from a judgment of the district court for St. Louis county in favor of plaintiff, entered in pursuance of the findings of Henry F. G-reene, Esq., referee.

Accusation in this court brought by the Minnesota State Bar Association upon the complaint of one David Swank against Charles E. Boughton, an attorney at law of the State of Minnesota, charging that, having been previously retained and employed by one Phil Lee to prosecute a claim of said Lee against said Swank, he enclosed in an envelope containing a letter demanding payment of said claim a communication addressed to said Swank wherein he proposed to the latter that, if…

Appeal by defendant from an order of the district court for Ramsey county, Charles D. Kerr, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $5,000.

<p>Appeal by defendant from an order of tbe municipal court of 'Minneapolis, Holt, J., denying a motion for a new trial.</p>

Appeal by defendants Frederick Driscoll and others from an order of the district court for Ramsey county, Willis, J., denying a motion on a new trial.

Appeal by plaintiffs from an order of the district court for Anoka county, Smith, J., denying a motion for a new trial as to defendants Page.

Appeal by defendant from a judgment of the district court for Hennepin county, in favor of plaintiff for $1,855.81,' after a trial .before Belden, J., and a jury.

Appeal by defendant from an order of tbe district court for Hennepin county, Jamison, J., denying a motion for a new trial. Where a contract is intended to result in the transferring for a. price from B to A a chattel in which A had no previous property, it is a contract for the sale of a chattel. Browne, St. Frauds, §§ 308, 309, 310; 1 Benjamin, Sales, §§ 108, 117; 8 Am. & Eng. Enc.

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

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

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

Appeal by plaintiff from an order of the district court for Ramsey county, Charles D. Kerr, J., denying a motion for a new trial. The corporation was prohibited from appropriating funds or di-. recting its operations to any other purpose than expressed in its articles of incorporation. G-. S. 1S94, § 2807. A violation of this provision is punishable by fine and imprisonment. G-. S. 1894, §§ 2793, 2796.

Appeal by defendant-from an order of the district court for Ramsey county, Willis, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $300.

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

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

Appeals by defendant from a judgment of the district court for Anoka county, and from an order, Russell, J., granting plaintiff’s motion to amend the complaint.

Appeal by plaintiff from an order of the district court for Meeker county, Powers, J., sustaining a demurrer to the complaint. The material allegations of the complaint are stated in the opinions.

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

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

Appeal by plaintiff from a judgment of tbe district court for Polk county in favor of defendant, entered after a trial before Ives, J., without a jury.

Action in the district court for Martin county by Helen Jorgenson against Minneapolis Threshing Machine Company, O. E. Oskerson, W. P. Hill, as sheriff, and J. B. Bushnell, to set aside an attachment, levy and sale of certain real estate and all proceedings whereby the premises were sought to be subjected to the lien of a judgment against defendant Oskerson and in favor of defendant company, and to set aside the sheriff’s certificate of sale to defendant Bushnell and for…

Appeal by defendant Knauft from an order of the district court for Earnsey county, Charles D. Kerr, J., denying a motion for a hew trial, after findings and order for judgment in favor of plaintiff for $749.81.

Appeal by defendant, from an order of the district court for Washington county, Williston, J., denying a motion for a new trial after a verdict for $5,089.89.

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

Appeal by defendant in each case from an order of the municipal court of Duluth, Edson, J., denying a motion for a new trial, after a verdict for plaintiff, in the first case for $45, and in the second for $46.50.

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

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

Action of ejectment in the district court for Stevens county by Russell Sage, as assignee in trust of the Hastings & Dakota Railway Company, against N. S. Swenson. From a judgment in favor of plaintiff, entered in pursuance of the findings and order of C. L. Brown, J., defendant appealed.

Appeal by plaintiff, receiver of C. Aultman & Co., from an order of the district court for Goodhue county, Williston, J., denying a motion for a new trial as to defendant Hillstrom.

Action in the district court for Hennepin county. At the trial, upon the conclusion of plaintiff’s testimony, the court, Belden, J., granted defendants’ motion to dismiss the case on the ground that plaintiff had not made out a cause of action. Plaintiff had been employed in defendants’ factory, had quit work, and afterwards was employed a second time. The other facts are stated in the opinion. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant from a judgment of tbe district court for Big Stone county, in favor of plaintiff for $110.77, entered in pursuance of the findings and order of C. L. Brown, J.

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

Action in the district court for Hennepin county. The jury rendered a verdict in favor of plaintiff for $2,000. From an order, Jamison, J., denying defendants’ motion for a new trial, provided plaintiff consented to a reduction of the verdict to $1,000, to which plaintiff consented, defendants appealed.

Appeal by defendant from an order of the district court for St. Louis county,'Charles L. Lewis, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $1,303.33.

Appeal by Charles F. Kieckenapp from a judgment of the district court for Rice county in favor of defendants, after an order, Buck-ham, 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 new trial.</p>

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

Proceeding in the district court for Hennepin county to enforce payment of tax upon personal property. The court, Smith, J., having ordered judgment against defendant in the sum of fl,395.67, the questions mentioned in the opinion, at the request of defendant, were certified to this court.