Volume 69 — Minnesota Reports

Appeal by defendant from a judgment of the municipal court of St. Paul, Orr, J., finding her guilty of a violation of the ordinance regulating the business of pawnbrokers. Affirmed. The complaint did not state with sufficient precision the time when, or the name of any person to whom, any loan in violation of the ordinance had been made. State v. Schmail, 25 Minn. 368.

Appeal by plaintiff from an order of the district court for St. Louis county, Moer, J., sustaining demurrer to the complaint. A mortgagor cannot bind a mortgagee by any contract or deed prejudicial to his interest. He cannot create an easement in the land to the prejudice of the rights of the mortgagee, neither can he by any arrangement between himself and third persons affect the mortgagee’s lien or prevent it from operating to the full extent conferred by the mortgage.

Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., denying its motion for a new trial after a verdict for the defendant sureties. ■ The rule as to the release of the sureties applies only to cases where actual dishonesty or malfeasance on the part of the principal exists, and there must be a concealment of this fact by the obligee amounting to fraud on the sureties.

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

Appeal by plaintiffs from an order oi the municipal court of Minneapolis, W. A. Kerr, J., denying their motion for a new trial.

Appeal by defendant from a judgment for plaintiff in the district court for Polk county, entered pursuant to the order of Ives, J.

Appeal by plaintiff from an order of the district court for Ramsey county, Bunn, J., denying its application for the appointment of a receiver in supplementary proceedings.

Appeal by defendant from an order of the district court for Hennepin county, Elliott, J., overruling its demurrer to the complaint.

Appeal by plaintiff, as assignee of Perry J. Newton and Eli P. Parks, from a judgment for defendants entered in the district court for Lyon county, pursuant to findings by Webber, J. In determining whether or not a payment to a creditor is void under our insolvency statute, neither actual knowledge nor actual belief of the debtor’s insolvency is a criterion, but the question is whether, as a reasonable man acting with ordinary prudence, sagacity and discretion, a creditor…

Appeal by defendants, who are the administrator and heirs of Andrew Madson, deceased, from an order of the district court for Freeborn county, Whytock, J., denying their motion for a new trial.

Appeal by plaintiff; from an order of the district court for St. Louis county, Moer, J., denying his motion for a new trial after a verdict for defendant J. G-. Howard.

Appeal by defendant Isaac Waite from a judgment of the district court for Rice county, entered pursuant to findings by Buck-ham, J. At common law a note payable to the order of the maker is a. nullity, until indorsed by the maker. 1 Daniel, Neg. Inst. § 130;. Bank v. Wofford, 71 Miss. 711; Little v. Rogers, 1 Metc. (Mass.) 108;. Moses v. Lawrence, 149 U. S. 298; Smalley v. Wight, 44 Me. 442; Hooper v. Williams, 2 Exch. 13.

Appeal by plaintiff from an order of the district court for Stearns county, Searle, J., sustaining defendants’ demurrer to the complaint.

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

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

Action in tbe district court for Ramsey county against defendants as receivers of the Northern Pacific Railway Company for personal injuries sustained by plaintiff while in their employ. At the trial the court dismissed the action when plaintiff rested. From an order, Egan, J., denying his motion for a new trial, he appealed.

Action in replevin in the district court for Hennepin county to recover possession of 48 bicycles. The wheels were manufactured by plaintiff, and were delivered in the spring of 1896 to one C. C. Taylor. They were so delivered under written order providing that title to the wheels should remain in plaintiff until they were paid for in full. None of the wheels were paid for. On May 14, 1896, Taylor made a voluntary assignment for the benefit of creditors to the defendant.

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

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

Appeal by plaintiff from a judgment of the district court for Polk county, entered pursuant to the order of Ives, J., and from an order refusing- to make amended findings.

<p>Building Association — Forfeiture of Shares — Acquiescence.</p> <p>Certain members holding shares in a mutual building association defaulted in the payment of monthly instalments and dues in January, 1891. As early as July 1 the association, by resolution of the board of directors, absolutely forfeited these shares and the money paid thereon to its own use, without a sale thereof, and without notice, except as notice was contained in the members’ certificates. And such money, with other earnings of the association, was distributed in good faith to all shares in good standing in accordance with the by-laws, and under the direction of the public examiner. The defaulting- members, residents of this state, made no application for reinstatement, and took no steps whatever to protect their interests or assert their rights, except as might be inferred from the fact that in December, 1895, they assigned their certificates and all rights and interests therein to this plaintiff, who, in March, 1896, brought an action as for conversion, and to recover the value of the certificates. Meantime, in the years 1891, 1892 and 1893, the association, in accordance with the scheme of the organization and the by-laws, paid off all shares of the class of those assigned to the plaintiff, and in making payment included the sums paid by the defaulting members, and distributed as before stated. Held, that the defaulting members should have dissented, and should have asserted their rights within a reasonable time, and, not having done this, they will be presumed to have assented to the ultra vires and unlawful act of the directors in forfeiting their shares, and in appropriating the sums paid in for the benefit of members in good standing.</p>

Appeal by plaintiff from an order of tbe district court for Morrison county, Searle, J., denying plaintiff’s motion for a new trial.

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

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

Appeal by plaintiff from a judgment of the district court for Blue Earth county in favor of defendants, after a trial before Severance, J., without a jury.

Petition by relator for a writ of habeas corpus to procure his release from the custody of Michael J. Toole, sheriff of Itasca county. From an order of the district court for Itasca county, O. EL Stilson, Esq., court commissioner, discharging relator, the sheriff appealed.

Petition by Augustus S. Dowdall, a freeholder and resident of Hennepin county, for leave to file an information for ¿ writ in the nature of quo warranto against John F. Dahl. Even if a court stenographer is an officer, it does not necessarily follow that he is an officer within the meaning of Const, art. 4, § 9. In Wisconsin the salary of a county judge may be lawfully reduced during his term of office, notwithstanding art. 4, § 26, of the Wisconsin constitution.

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

Appeal by defendant from an order of the district court for Yellow Medicine county, Powers, J., denying his motion for a new trial, after directing a verdict for plaintiff.

Action in the district court for Hennepin county to foreclose a real-estate mortgage. From a judgment for plaintiff, entered pursuant to findings by Simpson, J., defendants Charles M. Hanson and Albert C. Cobb, assignees of the mortgagors, appealed.

<p>Appeal by plaintiffs from an order of the municipal court of Minneapolis, Holt, J., discharging the garnishees, S. C. looker & Co.</p>

Certiorari issued on the petition of M. J Forbes, receiver of the Bed Biver Valley Elevator Company, to review a tax judgment of the district court for Polk county, entered pursuant to findings of Ives, J. Elevators owned by private persons and located on a railroad right of way are real property for the purposes of taxation. Minneapolis v. Board, 60 Minn. 522.

Appeal by defendant as administrator of the estate of Sarah Lebenbaum, deceased, from an order of the district court for Winona county, Buckham, J., denying defendant’s motion for a new trial after findings and an order for judgment in plaintiff’s favor.

Action in the district court for Ramsey county by the executors of the will of George Eaton, deceased, for the construction of his will. Both parties appealed from the orders of the court, Otis, J., denying their respective motions for a new trial. Order denying plaintiffs’ motion reversed.

Action in the district court for Meeker county on a promissory note and to foreclose the rights of defendants to certain personal property pledged to secure its payment. In December, 1891, plaintiff loaned to defendant John EL Eklund the sum of $380, for which he gave a note to the plaintiff, providing for the repayment of the principal, with interest, at 10 per cent, per annum.

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

Appeal by defendant from an order of tbe municipal court for Minneapolis, W. A. Kerr, J., denying bis motion for a new trial, after a trial before tbe court without a jury.

Appeal by Elias Fitterling from a judgment of the district court for Hennepin county, Smith, J., disallowing his claim against the Dickinson Company, an insolvent.

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

Appeal by plaintiff from an order of the district court fqr Swift county, Powers, J., denying his motion for a new trial after a verdict for defendant.

Case certified from district court for Morrison county, Searle, J., at tlie request of defendants, in proceedings to enforce payment of delinquent real-estate taxes, wherein the court had ordered judgment for the state. Section 3 of article 9 of the constitution provides that laws shall be passed taxing all real or personal property according to its true value in money.

Appeal by Fred Huntzicker from an order of the district court for Hennepin county, Elliott, J., denying his motion to open a judgment, and allowing him to file a complaint and become a party to the action.

Action in the district court for Eamsey county to have declared void, on the ground of usury, a written agreement for the repayment of a loan made to Minnie I. Stevens, one of the plaintiffs, by defendant Staples, and to have set aside, on the same ground, a deed given to secure this loan. Plaintiffs appealed from an order of the court, Otis, J., denying their motion for a new trial, after findings in defendant’s favor.

Appeal 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 of defendant from a judgment of the municipal court of St. Paul, convicting him of the violation of an ordinance after a trial before Orr, J., without a jury.

Appeal by plaintiffs from an order of the district court for Ramsey county, Williston, J., sustaining the demurrer of defendants to the complaint on the grounds that it does not state a cause of action, and that plaintiffs have not legal capacity to sue.

Appeal by defendants from an order of the district court for Aitkin county, Holland, J., denying their motion for a new trial after a verdict for plaintiff.

Appeal by plaintiff, as assignee of Arthur N. Randall, from an order of the district court for Hennepin county, Elliott, J., denying his motion for a new trial, after a trial before the court without a jury.

Appeal by defendants from an order of the district court for Ramsey county, Charles D. Kerr, J., denying their motion for a new trial, after a trial before the court without a jury.

Appeal by petitioners, electors of Polk county, from a judgment of the district court for Polk county, Ives, J., dismissing their petition contesting the result of the vote for the creation and organizátion of the proposed new county of Garfield. The fact that the organization of Garfield county would leave Nelson county separate from Polk county, and still a part of it, does not invalidate the organization of Garfield county. State v. Pioneer, 66 Minn. 536.

Writ of habeas corpus to defendant, as sheriff of Bamsey county,. Hawking and peddling without a license is forbidden by Laws 3.897, c. 107, but section 5 excepts the manufacturer, with some others, from the application of the law. No such classification of hawkers and peddlers can be made, for no arbitrary distinction between different kinds or classes of business can be sustained, the conditions being otherwise similar. State v. Sheriff, 48 Minn. 236.

Appeal by plaintiff, as administratrix of Harry Mee, from an order of the district court for St. Louis county, Moer, J., denying plaintiff’s motion for a new trial after the direction of a verdict for defendant.

Action in the district court for Hennepin county to establish a trust in plaintiff's favor in certain real estate acquired by defendant under mortgage foreclosure. From an order, Smith, J., overruling its demurrer to the complaint on the ground that it does not state a cause of action, defendant appealed.

Appeal by defendant from an order of the district court for Hennepin county, Belden, J., denying his motion for a new trial after the court had ordered judgment for plaintiff. Defendant insists that G. S. 1894, § 6033, prescribing what the notice of foreclosure shall contain is purely remedial.

Plaintiff recovered judgment in tbe district court for Ramsey county against tbe defendant Azotine Manufacturing Company, execution was returned unsatisfied, and a receiver of tbe company was appointed. Thereupon tbe Anchor Investment Company in its own behalf and in behalf of all other creditors of the Azotine Company, filed a supplemental complaint in intervention to enforce the double liability of the stockholders of the Azotine Company.

<p>Appeal by defendant Philip Reilly from a judgment of the district court for Ramsey county, entered pursuant to findings of Otis, J.</p>

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

Appeal by plaintiff from an order of the district court for Wabasha county, Snow, J., granting defendant’s motion for a new trial, after a verdict in plaintiff’s favor for $3,500, .on a trial before Gould, J.

In the matter of the assignment of Isaac E. Burt, insolvent, Henry W. Fishel, Theodore H. Fishel, and Louis D. Nessler, partners as Fishel, Nessler & Co., and others, all creditors of the insolvent, petitioned the district court for Hennepin county for leave to participate in dividends from his estate without filing releases. From an order, Bussell, J., denying the petition and from an order denying petitioners’ motion for a new trial, they appealed.

Appeal by defendant Henry Belin from an order of the district court for Morrison county, Searle, J., refusing to vacate its decision and denying defendant’s motion for a new trial.

Action in the district court for Stearns county by Marcus Maurin and Peter Maurin, co-partners as Maurin Brothers, against George Tileston to recover the purchase price of 1,520 bushels of wheat sold by plaintiffs to defendant at the agreed price of 86 cents per bushel. Defendant in his answer set up a counterclaim for $1,011.96, alleged to be due defendant for wheat sold to plaintiffs under another contract. .

Action in the district court for Hennepin county against the city of Minneapolis and Philip W. Herzog for personal injuries sustained by plaintiff by reason of an alleged defect in the covering of a coal hole in the sidewalk in the city of Minneapolis. Plaintiff had a verdict for $500. From orders, Jamison, J., denying their separate motions for a new trial, defendants separately appealed.

Appeal by relator from an order of the district court for Ramsey county, O. B. Lewis, J., discharging a writ of habeas corpus theretofore issued on relator’s petition. Ordinance No. 1835 of the city of St. Paul, for a violation of which relator was convicted, is as follows : “Section 1.

Appeal by plaintiff, as assignee of Nehemiah P. Clarke, insolvent, from an order of the district court for Morrison county, Baxter, J., denying his motion for a new trial after a verdict for defendants.

Action in the district court for Ramsey county to recover .¶2,650 awarded for the taking, by condemnation proceedings, of her land for a public street, in which the St. Paul Trust Company and Lucretia F. Sache intervened. The interveners appealed from an order, Otis, J., denying their motion for a new trial after an order for judgment in plaintiff’s favor.

Appeal by plaintiff from an order of the district court for Stearns county, Searle, J., denying his motion for a new trial, after the court had ordered judgment for defendants.

Appeal by intervenor, G-unel Speelman, from a judgment of the district court for Winona county entered pursuant to an order, Snow, J., for judgment in plaintiff’s favor on a special verdict, notwithstanding a general verdict for $1,000 in intervenor’s favor.

Appeal by defendant from an order of the district court for Hennepin county, Russell, J., denying his motion for a new trial, after a trial before the court without a jury.

Appeal by plaintiff from an order of the district court for St. Louis county, Ensign, J., sustaining the demurrer of defendant Edward P. Emerson and Telza W. Emerson to the complaint on the ground that it does not state a cause of action.

Action in the district court for Aitkin county to recover the contract price of building a bridge across the Mississippi river at Aitkin. A written contract was entered into between the parties in November, 1895. The consideration agreed to be paid was $9,154, of which one-half was to be paid when the material was on the ground, and the other half when the bridge was completed.

Action against William A. Fisher and wife in the district court for Hennepin county to foreclose a second mortgage on certain real estate. In this action plaintiffs moved for the appointment of a receiver of the rents and profits of the mortgaged property. Mary J. Byers and Mary Smith Byers, who had foreclosed a first mortgage and who were in possession of the property, appeared in the proceedings for a receiver and opposed his appointment.

Writ in the nature of quo warranto issued out of the supreme court on the relation of H. W. Childs, attorney general, and the Minnesota State Pharmaceutical Association, commanding Truman Griffen to show by what warrant he held and exercised the office of member of the board of pharmacy of the state of Minnesota.

Appeal by plaintiff individually and as administratrix of the estate of Nevill Staughton, deceased, from an order of the district court for Winona county, Snow, J., denying her motion for a new trial after dismissing the action when plaintiff rested.

<p>Usury — Cancellation of Securities — Offer to Pay Debt — Scott v. Austin, 86 Minn. 460, Followed.</p> <p>Held, following- Scott v. Austin, 36 Minn. 460, that, by virtue of the statute, a plaintiff asking for the cancellation of securities for usury need not, as a condition of obtaining such relief, pay what he has received.</p> <p>Same — Evidence.</p> <p>Evidence held to sustain the finding and decision of the trial court to the effect that the securities here in question were usurious.</p>

Appeal by defendants Flora Smith and Basil D. Brown, as assignee of Otis W. Saunders and Elizabeth P. Saunders, from an order of the district court for St. Louis county, Moer, J., granting the motion of defendant Andrew D. Davidson, as assignee of the State Bank of Duluth, insolvent, to strike out portions of their answers.

Appeal by plaintiff, as assignee of the B. B. Richards Lumber Company, from an order of the district court for St. Louis county, Moer, J., denying its motion for a new trial; the action having been dismissed when plaintiff rested.

<p>Infant — Appointment of Attorney — Ratification.</p> <p>The appointment by a minor of an attorney to sell and convey real estate, and a conveyance by the attorney under such appointment, are not void, but merely voidable, and capable of ratification by the infant on attaining bis majority.</p> <p>Estoppel and Laches — Title Obtained by Location of Half-Breed Scrip.</p> <p>Conceding that land entered with Sioux half-breed scrip, issued under the act of congress of July 17, 1851 (which is not assignable), becomes the absolute property of the scripee, unaffected by any prior deed, contract, or act of the scripee, yet as soon as it is located the land is subject to alienation or other disposition by him, and the title may be affected or lost by his subsequent conduct, the same as if it had been acquired in any other way.</p> <p>Same — Acts of Scripee before Location.</p> <p>While the acts of the scripee before the location of the scrip may not be resorted to as original evidence of laches or estoppel by conduct, they may be considered for the purpose of characterizing his subsequent conduct.</p> <p>Same — Evidence.</p> <p>Facts considered, and held, that the plaintiff is estopped by his conduct from asserting that a deed of land entered with his Sioux half-breed scrip is void because executed before the land was entered.</p>

Appeal by defendants from a judgment of tbe municipal court of Minneapolis in favor of plaintiff for $156.58, entered pursuant to findings by Holt, J.

Appeal by defendants from a judgment of the municipal court of Minneapolis in favor of plaintiff for $223.33, entered pursuant to findings by W. A. Kerr, J.

Appeal by Louis Frost, garnishee, from an order of the municipal court of Duluth, Edson, J., denying the garnishee’s motion to set aside a judgment against him.

<p>Appeal by plaintiff from a judgment of the district court for St. Louis county, Moer, J., in favor of John A. Gustafson, garnishee.</p>

Appeal by defendant from a judgment of the district court for Grant county sentencing him to pay a fine of $100 and costs, or in default of payment to be imprisoned, after a verdict finding him guilty of selling intoxicating liquor without a license.

<p>Appeal from Justice — Placing Case on Calendar.</p> <p>Under G. S. 1S94, § 5072, the absolute right of an appellant from the judgment of a justice of the peace to enter his appeal for trial on the district court calendar terminates with the second day of the term, and does not continue until the respondent has exercised his right, under the last clause of the section, to have the judgment of the justice affirmed and entered against the appellant.</p> <p>Same — Relief from Default — Christian v. Dorsey, supra, page 346, Followed.</p> <p>The court has the power to relieve an appellant from his default, and to allow him to enter his appeal at a later day of the term, following Christian v. Dorsey, supra, page 346; but where such relief has been improvidently granted, the court may subsequently vacate its order, and • restore the respondent to the right to enter the judgment of the justice against the appellant.</p>

The plaintiff, Elias Steenerson, in 1893 filed a complaint with the Railroad and Warehouse Commission, complaining that the tariff of charges of the Great Northern Railway Company for the transportation of wheat, oa.ts, barley and other grains from Crookston, Fisher and East Grand Forks, to the terminals Minneapolis, Duluth and St. Paul, were unjust and unreasonable, in that they were at least one-third too high, and asked that the same be reduced to and fixed 'at 12 cents…

Appeal by plaintiff from a judgment on the pleadings in defendant’s favor entered in the district court for Redwood county, pursuant to an order by Webber, J.

Appeal by defendants Henry W. Wheeler, John Gfulbranson, Thomas D. Merrill, and John R. Carey from an order of the district court for St. Louis county, Ensign, J., overruling their demurrer to the complaint on the ground that it failed to state a cause of action against them.

Case certified from the district court for Grant county, C. L. Brown, J., on the question of the sufficiency of an indictment for the sale of intoxicating liquor without a license.

<p>Judgment of Municipal Court — Motion to Vacate.</p> <p>Under Sp. Laws 1887, e. 6, § 49, regulating the practice in the municipal court of Stillwater, a judgment entered in that court for default of appearance and answer cannot be set aside, and defendant allowed to answer, unless the motion for that purpose is made within six months after the entry of such judgment.</p>

<p>Divorce — Judgment for Alimony — Validity—Contempt.</p> <p>In an action for a divorce against tbe relator by his wife, judgment was entered in favor of the wife for a divorce absolute, and for the payment of permanent alimony. It appears on the face of the judgment roll that the relator had no property at the time of the entry of the judgment, but was earning $150 to $200 a month. The relator refused to obey the judgment as to alimony, and, in proceedings to punish him for contempt in disobeying the judgment, he attempted to purge himself on the ground that the judgment was void. Held, following Wilson v. Wilson, 67 Minn. 444, that the judgment was erroneous; but held, further, that it was not void, and that the relator was rightly found guilty of contempt.</p>

Application by the state, on the relation of Ingeborg J. Sylte, for writ of mandamus to Gorham Powers, as judge of the Twelfth judicial district, to settle and allow a proposed case.

Appeal by plaintiff from a judgment of tbe district court for Otter Tail county, entered pursuant to an order by Baxter, J., reversing a judgment for plaintiff rendered in justice’s court.

Appeal by defendant Stephen J. Menzies from an order of the district court for Otter Tail county, Baxter, J., denying his motion for a new trial after an order for judgment in favor of plaintiff. Reversed. G-. S. 1894, § 4183, relating to the recording of an assignment of a mortgage, has no application to this case.

Appeal by plaintiff from a judgment of the district court for Polk county entered pursuant to a verdict for defendant after a trial before Ives, J.

Appeal by plaintiff from an order of the municipal court of Minneapolis, W. A. Kerr, J., denying his motion for a new trial after judgment for $2.50 and costs had been ordered for plaintiff.

Appeal by respondent, as sheriff of Becker county, from an order made by the court commissioner for that county in habeas corpus proceedings, discharging relator from respondent’s custody.

Appeal by-plaintiff from an order of the district court for Ramsey county, Willis, J., sustaining defendant’s demurrer to plaintiff’s reply on the ground that it failed to state a defense to the new matter alleged in the answer.

Appeal by defendant from an order of the district court for Otter Tail county, Baxter, J., denying his motion for a new trial after a verdict of $300 for plaintiff.

Appeal by defendant from an order of the district court for Sibley .county, Cadwell, J., fixing and directing the payment of temporary alimony by defendant to plaintiff. If the wife has sufficient means to maintain her in the rank of life to which she is accustomed, no temporary alimony will be granted her. 1 Am. & Eng. Enc. Law, 473; Collins v. Collins, 80 N. Y. 13; 2 Bishop, Mar. & Div.

Action in the district court for Scott county to establish the boundary line of land, to declare unfounded and void defendant’s adverse claim to a certain tract of this land, and to have defendant declared estopped from claiming this land. The case was tried by the court without a jury, and from a judgment for defendant entered pursuant to findings by Cadwell, J., plaintiff appealed.

Appeal by defendant from an order of the district court for Otter Tail county, Baxter and Searle, JJ., overruling defendant’s demurrer to the complaint on the ground that it failed to state a cause of action.

Action in the district court for Carver county to foreclose a real-estate mortgage. The court found that there was due plaintiff under the mortgage the sum of $160.94, and foreclosure was decreed for this amount. From an order, Cadwell, J., denying plaintiff’s motion for a new trial, she appealed.

Action in the district court for Ramsey county to determine adverse claims to land. The case was submitted to the court, Otis, J., on a stipulation of facts, and judgment was ordered for plaintiff. From the judgment, defendant appealed.

Appeal by defendant from an order of the district court for Ramsey county, Brill and Bunn, JJ., from an order overruling its demurrer to the complaint, on the ground that it failed to state a cause of action.

Appeal by defendant from an order of the district court for Carl- ton county, Cant, J., overruling a demurrer to the complaint.

Appeal by defendant Alice M. Hodsden from an order of the district court for Renville county, Webber, J., overruling her demurrer to the complaint on the ground that it fails to state a cause of action.

Appeal by plaintiff from an order of the district court for Otter Tail county, Baxter, J., sustaining a demurrer to the complaint on the ground that it fails to state a cause of action.

Appeal by plaintiffs from an order of the district court for Ramsey county, Otis, J., denying their motion to vacate or modify the judgment entered in the action so as to make it conform to the issues made by the pleadings, and to the findings and conclusions of the referee.

Action in the district court for Goodhue county to set aside and cancel an execution sale of plaintiff’s land under a judgment originally obtained by defendant in justice court, a transcript whereof was returned to the district court out of which the execution issued. From a judgment for plaintiff entered pursuant to findings by Williston, J., defendant appeals.

Action, in the district court for Clay county for the specific performance of a contract for the sale of land. From an order, Baxter, J., denying plaintiff’s motion for a new trial after judgment had been ordered for defendant, plaintiff appealed.

Case certified to the supreme court from the district court for Polk county, Ives, J., at the request of defendants, to determine the sufficiency of an indictment.

Defendants W. D. Russell and Charles Dohl were indicted in the district court for Pollr county for keeping their saloon open on Sunday. They moved to set aside the indictment on the grounds (1) that it was not found and presented as prescribed in and by the laws of the state of Minnesota relating to grand juries, and (2) that it was not found by any duly selected, drawn and empaneled grand jury of Polk county.

Action for trespass brought in justice’s court. From a judgment for plaintiff, defendant attempted to appeal to the district court for Dakota county on questions of law alone. The court, Crosby, J., denied plaintiff’s motion to dismiss the appeal, and from a judgment of the district court reversing the justice’s judgment, plaintiff appealed.

Appeal by defendants from an order of the district court for Houston county, Whytock, J., denying their motion for a retrial of said action.

Defendant was indicted and convicted in tlie district court for St. Louis county of the crime of misappropriating public moneys to his own use, and from a judgment, Moer, J., sentencing him to pay a fine of $500, and to be confined in the state penitentiary one year, he appealed.

<p>Justices of the Peace — Jurisdictional Amount — Interest.</p> <p>The jurisdiction of a justice of the peace is to be determined by the “amount in controversy” at the commencement of the action. Interest accruing after action begun follows as a mere incident to the subject of the litigation, and the justice may include it in the judgment, although the amount is thus increased to more than $100.</p> <p>Pleading — Demand of Interest.</p> <p>A party is entitled to interest by way of damages on money due on contract from the commencement of the action to the time of trial, although not expressly demanded in his complaint; such damages being implied by law.</p>

Appeal by defendant from an order of the district court for Stearns county, Searle, J., denying its motion for a new trial after a verdict in favor of plaintiff for $4,500.

Appeal by defendant, the Great Western Elevator Company, from an order of the district court for Renville county, Webber, J., overruling its demurrer to the complaint on the ground that it fails to state a cause of action. In an action by or against a corporation its legal existence should be alleged and proved.

Appeal by defendant from an order of the district court for Hennepin county, Jamison, J., denying its motion for a new trial after a verdict of $3,000 in favor of plaintiff.

Appeal by defendants from a judgment of the district court for Hennepin county entered on a verdict of $2,613.65 for plaintiffs, after a trial before Smith, J., and a jury.

Action against the steamer Forest Queen for $250, and for the sale of the vessel to satisfy the judgment. Estelle P. Close filed an intervening answer, alleging that she was the owner of the vessel, and praying that it be released from custody. From a judgment for plaintiff entered pursuant to findings by Jamison, J., the intervening defendant appealed. The services which respondent performed for the vessel do not fall within the purview of G. S. 1894, c. 83.

Appeal by defendant from an order of the district court for Polk county, Ives, J., denying its motion to set aside a verdict for $812 in plaintiffs’ favor, and refusing to grant a new trial.

Appeal by plaintiff from an order of the district court for Meeker county, Powers, J., denying his motion for a new trial and reducing a verdict and judgment of $850 in favor of defendant to $550.

Separate appeals by defendants, the Duluth & Iron Range Railroad Company and John Megins and Moses D. Kenyon, from a judgment of the district court for St. Louis county, entered pursuant to findings by Ensign, J. Whether the lands were swamp lands or not was a question of fact to be determined by the land department. The decision of that question of fact was within the exclusive jurisdiction of the land department, and cannot be impeached or reviewed by the court.