Volume 65 — Minnesota Reports

<p>Appeal by plaintiff from an order of the district court for Washington county, Williston, J., dissolving an injunction.</p>

Appeal by plaintiff from an order oí the district court for Brown county, Webber, J., denying a motion for a new trial. No reason exists for the distinction made in Russell v. Men of Devon, 2 T. R. 667, between the liability of a municipal corporation proper and that of a quasi-municipal corporation such as defendant. Statutory towns possess substantially the same rights, privileges, and duties as do municipal corporations proper. See G-. S. 1894, §§ 1775, 1777, 1778.

Appeal by Joseph P. Huber, H. G-. Kruse and P. F. Dressel from an order of the district court for Le Sueur county, 'Cadwell, J., denying their motion for a new trial, after a verdict in favor of plaintiff for 1577.25.

Appeal by defendant from an order of the municipal court of St. Paul, Twohy, J., denying a motion for a new trial. Plaintiff having executed the instrument with full opportunities to examine its contents, was bound by it. Albrecht v. Milwaukee & S. Ry. Co., 87 Wis. 105, 58 N. W. 72; Dorwin v. Westbrook, 86 Hun, 363, 33 N. Y. Supp. 449; Fuller v. Kemp, 138 N. Y. 231, 33 N. E. 1034; Brown v. Symes, 83 Hun, 159, 31 N. Y. Supp. 629; Hinkle v. Minneapolis & St. L. Ry.

Appeal by defendant from an order of the district court for Hennepin county, Russell, J., denying a motion for a new trial, after verdict in favor of plaintiffs for $901.35.

Appeal by defendant from an order of the district court for Brown county, Webber, J., denying a motion for a new trial. The words were not libelous per se. If they had a peculiar mean- , ing at New Ulm, it is immaterial, since such meaning was not known . to the operator there or to the operator at the other end of the line. Hankinson v. Bilby, 16 M. & W. 442; Shull v. Raymond, 23 Minn. 66.

Appeals by defendants Charles J. Berryhill and others from an order of the district court for Bamsey county, Kelly, J., and also from a judgment.

Appeal by plaintiff and tbe intervening creditors of defendant brewing company from an order of the district court for St. Louis county, Charles L. Lewis, J., denying a motion for a new trial. The corporation was authorized not only to manufacture malt beer, but to sell and dispose of the same, and there is hence a double liability, as provided by Oswald v. St. Paul Globe Pub. Co., 60 Minn. 82, 61 N. W. 902; First Nat. Bank v. Winona Plow Works, 58 Minn. 167, 59 N. W. 997.

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

Appeal by plaintiff from an order of the district court for Hennepin county, Belden, J., denying a motion for a new trial. The transaction complained of was beyond the authorization of the charter, and illegal unless ratified by all the stockholders. Mosrawetz, Priv. Corp. § 415; Black v. Delaware & R. Canal 'Co., 24 N. -J.. Eq. 455.

Action in the district court for Ramsey county. The complaint alleged that plaintiff was the owner of certain lands in Polk county, Wisconsin, adjacent to defendant’s railway, and of certain personal property thereon, and that defendant, while running its train past said land, by its negligence set a fire which damaged the land and burned the personal property.

Appeal by defendants St. Paul & Duluth Railroad Company and Northern Pacific Railroad Company from an order of the district court for St. Louis county, Morris, J., setting aside an order for judgment in favor of defendants and the judgment entered thereon and granting a motion for a new trial.

Appeal by defendant from an order of the district court for Ramsey county, Egan, J., appointing a receiver. A receiver will not be appointed where a creditor has a complete, prompt, and efficient remedy at law. Where there is a default on a mortgage, but it is clear that a foreclosure and sale will realize enough to pay the debt, a creditor will be left to his proceedings at law without the intervention of a receiver. 20 Am. & Eng. Enc.

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

Action for partition in the district court for Ramsey county. It was admitted that defendant, John Clark, was the owner of an undivided fourteen-fifteenths interest in the land.

Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., granting motion of defendant J. A. Wriglit to set aside a verdict in favor of plaintiff for $165.25, and for a new trial.

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

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

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

Action in the district court for Goodhue county under G. S. 1894r c. 76, to restrain defendant bank from exercising its corporate rights, privileges, and franchises and for the appointment of a receiver. An order was made appointing a receiver, and afterwards judgment was entered adjudging defendant insolvent, confirming the appointment of the receiver, and granting other relief.

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

<p>Contraot — Expression of Consideration — Statute of Frauds.</p> <p>The reasonable clearness with which the consideration for an agreement, promise, or undertaking in writing must appear, when the consideration is not expressly stated, in order to satisfy the statute of frauds (G. S. 1894, § 4209), cannot be made-to depend on what may be conjectured from what has been written.</p> <p>Same.</p> <p>Held, that the consideration for the purported agreement on which this action was based, such consideration not being expressly stated, does not appear with reasonable clearness.</p>

■Action in tbe district court for Ramsey county to foreclose a mortgage executed by E. Langevin, since deceased, and defendant Eleanor Langevin, bis wife, now Eleanor Quesnel. In tbe judgment of foreclosure, wbicb was entered in pursuance of tbe findings of Egan, J., it was adjudged that defendant Eleanor Quesnel was personally liable upon tbe note and mortgage and that plaintiffs have execution against her for any deficiency that might arise upon the foreclosure sale.

• Action in the district court for Otter Tail county by Michael Oollins and another, copartners as Citizens’ Bank, against A. B. McDowell and others, as makers of a promissory note. From a judgment in favor of plaintiffs for $717.21, after a trial before Searle, J., ■and a jury, defendants appealed.

Appeal by defendant from an order of the district court for Winona county, G-ould, J., denying a motion for a new trial, after a verdict in favor of plaintiffs for $175.

Action in the district court for Hennepin county for breach of covenant.

<p>Mortgage — N egotiability.</p> <p>Evidence considered, and held insufficient to justify the finding and order of the trial court.</p>

Louis county. Defendant was convicted of the crime of uttering a forged instruinent. A motion in arrest of judgment was denied by the court, Ensign, J., and defendant was sentenced to confinement in the state prison for five years and one month.

Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., sustaining a demurrer to the complaint. Plaintiff, as administrator with the will annexed, and under the tenth subdivision of the will, is entitled as against defendant to the possession of the real estate.

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

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

Appeal by defendant Williamson from an order of the district court for Hennepin county, Belden, J., overruling his demurrer to the amended complaint: The complaint is insufficient from failure to allege that plaintiff has recovered judgment against the bank, and that execution has issued and been returned unsatisfied. G. S. 1894, § 5897.

<p>Certiorari to review a judgment of the district court for Hennepin county adjudging relator guilty of criminal contempt, entered after hearing before Elliott,'J.</p>

Appeal by defendant from a judgment of the district court for Otter Tail county, in favor of plaintiff, for $82.59, entered after a trial before Baxter, J., and a jury.

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 $1,150.

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

Appeal by plaintiffs from an order of the district court for St. Louis county, Ensign, J., denying their motion for appointment of a receiver in proceedings supplementary to execution of the unexempt property of William McKinley, judgment debtor.

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

Action in the district court for Scott county. The jury rendered a verdict in favor of plaintiff for $7,368. Defendant made a motion for a new trial on the ground that the verdict was not justified by the evidence and for errors of law, and afterwards made a second motion for a new trial on the ground of misconduct of the prevailing party, accident or surprise, and newly-discovered evidence. From orders, 'Cadwell, J., respectively denying said motions, defendant appealed.

Appeal by defendant from an oyder of the district court for Polk county, Ives, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $130.

Appeal by plaintiff from a judgment of the district court for Clay-county, in favor of defendant, after a trial before Searle, ’J., and a jury.

Appeal by plaintiff from an order of the district court for Ramsey county, Egan, J., denying a motion to set aside an order for judgment on the pleadings in favor of defendant theretofore made, apd denying a motion for a new trial.

Action in the district court for Becker county against Ai Brooks and William M. Brooks, copartners under the firm name and style of Brooks & Co. After recovering judgment against defendants for $1,572.40, plaintiff instituted garnishment proceedings against Charles A. Wright, from whose disclosure it appeared that he had received certain property of defendants by virtue of an assignment to him for the benefit of creditors.

Appeal by plaintiff from an order of the district court for Scott county, Cadwell, J., denying a motion for the appointment of a receiver.

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

Action in the district court for Hennepin county. Defendant, at the proper time, filed with the clerk a demand for a -struck jury. At the time designated by the sheriff for striking the jury, plaintiff appeared and filed with him -written objections to the proceeding, on the ground that the act authorizing struck juries was unconstitutional. The sheriff, nevertheless, did strike a jury.

Appeal by plaintiffs from a judgment of the district court for Ramsey county, adjudging the validity of a certificate of sale held by defendant, entered in pursuance of the findings and order of Brill, J.

Appeal by defendant from an order of the district court for Wabasha county, Gould, J., denying a motion for a new trial. The eleventh assignment of error, referred to in the opinion, was as follows: “The court erred in instructing the jury as follows: And if his intent was to appropriate it to his own use, then he would be guilty, although he did not intend to defraud the bank.’ ”

In the matter of the assignment of Frank Mcolin, insolvent, the district court for Scott county, Cadwell, J., made an order granting the petition of August Richter, a creditor of the insolvent, for leave to present his claim to the assignee of the insolvent for allowance. From the allowance of the claim by the assignee The Merchants National Bank of St. Paul, a creditor of the insolvent, appealed to the district court, where judgment was entered in favor of Richter.

Action in the district court for Hennepin county. The case was tried before Russell, J., who ordered judgment in favor of plaintiff for $730 and other relief. From an order denying a motion for a new trial, defendant appeals.

Petition of John Hennessy and others for leave to.file in the name ■and on behalf of the state of Minnesota, on relation of petitioners, an information in the nature of a writ of quo warranto against W. B. Marr and others for recovery by petitioners of their offices as members of the board of county commissioners of Aitkin county and for ouster of respondents. The cause was heard on order to show •cause why writ of quo warranto should not issue.

Action in the district- court for McLeod county. The complaint alleged, in substance, that plaintiff was a creditor of one Rasmus-Mikkelson, who died seised of certain land on which he had executed two mortgages; that the mortgages were foreclosed after his death by the mortgagee, who assigned the certificates of sale to defendant Thoney; that the time for redemption expired March 10-, 1895, and that neither the heirs of the deceased mortgagor nor the holder of the…

Appeal by William S. Ankeny and Northern Trust Company, who ■were admitted as parties to the action, from an order of the district court for Hennepin county, Elliott, J., denying a motion for a new trial.

Separate appeals by defendants from an order of the district court for Ramsey county, Brill, J., denying motions for a new trial.

Appeal by plaintiff from a judgment of the district court for Hennepin county, in favor of plaintiff for $109.10, entered in pursuance of the findings and order of Jamison, J.

Action in the district court for St. Louis county. The complaint alleged, among other things, that defendant was, and since March, 1892, had been, a corporation organized and existing under and by virtue of the provisions of Laws 1876, c. 28, and the acts amendatory Thereof and supplemental thereto (G. S. 1894, §§ 2827-2837). From an order, Ensign and Moer, JJ., overruling a demurrer to the complaint, defendant Carpenter appealed.

Action in the district court for St. Louis county to reform and foreclose a mechanic’s lien. Defendant Taylor claimed a lien upon the premises by virtue of two mortgages executed to him by defendant Sanford and wife.

Appeal by defendant from a judgment of the district court for Clay county in favor of plaintiff for $1,092.52, after a trial before Baxter, J., and a jury.

Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., granting defendants’ motion to strike from the complaint certain portions as irrelevant and redundant and as surplusage.

Appeal by defendant Macfarlane and others from an order of the district court for St. Louis county, Morris, J., overruling a demurrer to the complaint.

Appeal by each of the parties to the action from an order of the district court for Hennepin county, Belden, J., denying motions for a new trial. The creditors of the company who come within the definition of the words policy holders” as used in G-. S. 1894, § 3332, have a vested right in the fund as a security to the exclusion of all other creditors of the company. Lancashire Ins. Co. v. Maxwell, 131N. Y. 286, 30 N. E. 192.

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

'Appeal by plaintiff from an order of the district court for Ramsey county, Brill, J., overruling the demurrers of plaintiff to the complaints in intervention of St. Paul Trust Company-and Lucretia F. Sache.

<p>Special Assessments — Extension of Time of Payment — Laws 1895, c. 286.</p> <p>The provisions of Laws 1895, c. 236, entitled “An act to authorize the extending of the time of payment of assessments for local improvements by cities,” etc., are permissive, and not mandatory.</p>

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

Appeal by defendants from a judgment of the district court for Hennepin county, in favor of plaintiff for $1,003.38, entered in pursuance of the findings and order of Russell, J.

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

Appeal by plaintiff from an order of the district court for St. Louis county, Ensign and Morris, JJ., sustaining a demurrer to the complaint.

Action in tbe district court for Hennepin county against Henry ■G. Sidle, and Charles K. Sidle and others, as executors of the last will and testament of Jacob K. Sidle. The mortgages referred to in the opinion were foreclosed and bid in by said Henry G. Sidle and said executors. The notice of foreclosure sale in each case stated that the premises would be sold to' pay the mortgage debt, interest thereon, and $25 attorney’s fees upon each lot and costs and disbursements.

Appeal by defendant from a judgment of the district court for Ramsey county in favor of plaintiff for $375.45, after a trial before Egan, ■J., and a jury.

Action in the district court for Ramsey county. The case was tried before Kelly, J., who ordered judgment against defendant Arons for $801.43, and against, defendants Williams and Hall for $559.50, with interest. From an order denying a motion for a new trial defendants Williams and Hall appealed.

Action in the district court for St. Louis county by a judgment creditor against defendant corporation find its stockholders for the appointment of a receiver, the sequestration of its property, and the enforcement of the liability of its stockholders. It appeared that plaintiff’s judgment had been entered against the corporation by default. The case was tried before Moer, J., who found in favor of plaintiff and ordered judgment against the stockholders.

Appeal by William H. Watson from an order of the district court for Dakota county, Orosby, J., dismissing Ms appeal from the pror bate court of said county.

Appeals from the district court for Winona county, Gfould, J. In the first action plaintiff appealed from an order denying a motion for a new trial. In the second action defendants appealed from an order denying a motion for a new trial after a verdict in favor of plaintiff for $3500.

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

<p>Appeal by defendant from an order of the district court for Ramsey county, Willis, J., overruling a demurrer to the amended complaint.</p>

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

Appeal by defendant from an order of the court for Hennepin county, Belden, J., denying a motion for a new trial on condition that plaintiff consent to a reduction of the verdict to $2,000.

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

Appeal by plaintiff, as executor and trustee of the will of Carrie R. Fradenburgh, deceased, from a judgment of the district court for Ramsey county, entered in pursuance of the order of Otis, J.

Appeal by defendant from a judgment of the district court for St. Louis county in favor- of plaintiff for $2,488.11, after a trial before Ensign, J., and a jury.

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

Appeal by defendant from a judgment of the district court for Ramsey county in favor of plaintiff for $2,066.98, after a trial before Brill, J., and a jury.

Appeal by defendants from an order of the district court for Aitkin county, Holland, J., denying a motion for a new trial, after a verdict in favor of plaintiffs for $11,370.47.

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

<p>Appeal by defendant from an order of the municipal court of Mankato, Shissler, J., denying a motion for a new trial.</p>

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

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

Appeal by plaintiffs from a judgment of the district court for Hennepin county, entered in pursuance of the findings and order of Smith,, J.

<p>Action against Joint Debtors — Judgment against One — Merger.</p> <p>Where the plaintiff in an action brought upon a joint contract obligation against the joint debtors elects, upon default of one of them to answer, to enter judgment against such defendant, the judgment is a bar to a subsequent action against the others, the debt being merged in the judgment.</p>

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

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

Action in the district court for Ramsey county for the recovery of rent at the rate of $500 per month as stipulated in a lease. The answer set up a subsequent written agreement modifying the terms of the lease, whereby the rent was reduced to $350 a month.

Action in the nature of quo warranto to oust respondent from the office of alderman of the Fourth ward of the city of Moorhead.

Petition in the district court for Le Sueur county in the matter of the assignment of Edson R. Smith and Rollin E. Smith, partners as E. R; Smith & Co., insolvents./ John McKasy, assignee of the insolvents, interposed an answer From an order, Cadwell, J., in part granting and in part denying the relief demanded, both the petitioners and the assignee appealed.

Action in tbe district court for Hennepin county. Judgment was entered for want of answer against defendant Bosbart, and tbe action came on for trial before Jamison, J., wbo granted plaintiffs’ motion to amend tbe complaint as stated in tbe opinion. Thereafter tbe case was tried before Bussell, J., wbo ordered judgment against defendant Haywood for $1475 and interest. From an order denying a motion for a new trial, defendant Haywood appealed.

Appeal by defendant from an order of the district court for Hennepin county, Russell, J., denying a motion for a new trial. A subscription to the stock of a corporation to be organized is not binding if it is already formed. Indianapolis F. & M. Co. v. Herkimer, 46 Ind. 142; People’s Ferry Co. v. Balch, 8 Gray, 303. All conditions precedent of a subscription agreement should be strictly complied with. Morawetz, Corp. § 52; Beach, Pr.

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

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

<p>Appeal by defendants Reinhardt and others from an order of the district court for Olay county, Baxter, J.</p>

Appeal by plaintiff from an order of the district court for Murray county, P. E. Brown, J., denying a motion for a new trial.

Appeal by respondent from an order of the district court for Ramsey county, Egan, J., ordering discharge of relator on return of a writ of habeas corpus. Relator was detained under a warrant for his arrest issued by the municipal court of the city of St. Paul.

Action in the district court for Olmsted county against Michael W. Oraham, Edward A. Schwartz, and Anna L. Schwartz, his wife. Robert B. Graham and Rebecca FT. Graham, his wife, were also joined as defendants, but the summons was not served upon them, nor did they appear. The cause was tried before Gould, J., who ordered judgment in favor of plaintiff. From an order denying a motion for a new trial,, defendants Michael W. Graham and Edward A. Schwartz appealed.

Appeal by defendant in each, action from an order of tlie district •court for Ramsey county, Otis, J., denying a motion for a new trial, after verdicts in favor of plaintiff, as against Lancashire Insurance Company for $590.93, and as against Home Insurance Company for .$2,363.72.

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

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

Appeal by defendant from an order of the municipal court of Minneapolis, Holt, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $242.

Action in the district court for Otter Tail county to obtain the satisfaction and discharge of record of a mortgage. Tabitha Lapsley and Mary Hazzard intervened, and from a judgment in their favor, entered in pursuance of the findings and order of Baxter, J., plaintiff appealed.

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

Action in the district court for St. Louis county to recover damages for the destruction of personal property. The case was tried before Moer, J., who directed a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Bamsey county. The case was tried upon the issues between plaintiff and defendant Arend before Willis, J., who found in favor of said defendant.

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

Action in the district court for Hennepin county. The case was tried before Elliott, J., who found in favor of plaintiff, and ordered judgment in his favor for $3,637.50. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Hennepin county against Frederick O. Kilgore and another, as defendants, and Shevlin-Carpenter Company as garnishee. Gemlo Iron Works Company intervened as claimant of the funds in the hands of the garnishee. Upon the disclosure of the garnishee an order was made by Russell, J., discharging the garnishee. From an order denying a motion for a new trial, plaintiff appealed.

Five actions in the district court for Pine county. The cases were tried together, and at the close of the testimony defendant made a motion that the court instruct the jury to find for defendant in each case, which was denied. The jury rendered a verdict in each case in favor of plaintiff, in the sum of $190, $195, $125, $50, and $185, respectively.

Appeal by plaintiff from an order of the district court for Hennepin county, Jamison, J., denying a motion for a new trial, after a verdict in favor of defendants Gavin and Eggleston.

Action in the district court for Washington county to foreclose a mortgage. E. S. Buffington, as receiver of the Stillwater Union Depot & Transfer Company, the Massachusetts Loan & Trust Company, and the Stillwater Union Depot & Transfer Company, intervened. 'The case was tried before Williston, J., who found in favor of intervenors. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Stevens county. Tbe case was tried before C. L. Brown, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Petition in the district court for Stevens county for the purpose of acquiring the right, privilege, and easement of erecting and operating a public grain elevator on a site on the right of way of respondent railway company. The petition came on for hearing and assessment of damages before C. L. Brown, J., and a jury.

Action in the district court for Anoka county to determine the adverse claim of defendant to certain land. Plaintiff based her title on a sale made October 12, 1893, under a judgment in proceedings to enforce payment of taxes by virtue of Laws 1893, c. 150.

Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., sustaining a demurrer to the complaint. Covenants of seisin and against incumbrances in most states are held to be covenants in prmsenti, and do not run with the land. In Maine, Colorado, and Georgia statutes declare that the covenants against incumbrances shall run with the land, and vest in the assigns of the covenantee.

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

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

Action in the district court for Morrison county to recover damages for overflowing plaintiff’s land. The jury rendered a verdict in favor of plaintiff for $629.20, which sum, according to their special finding, included $125, assessed as damages for removing logs. From an order, Baxter, J., denying a motion for a new trial in case plaintiff should file a stipulation reducing the verdict by said sum of $125, defendant appealed.

Appeal by defendant from an order of the district court for Hennepin county, Pond, J., denying a motion for a new trial after a verdict in favor of plaintiff. The question referred to in defendant’s assignment of error No. 20 was if the witness knew whether a premium on another life policy had been paid.