Volume 70 — Minnesota Reports

Appeal by defendant Michael W. Nash from an order of the district court for Hennepin county, Jamison, J., overruling his demurrer to the amended complaint on the ground that it failed to state a cause of action. The trial court bases its order overruling the demurrer solely on the ground that, where damages are the result of an act declared to be wrongful and unlawful, such damages may be recovered in a civil action.

Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., denying her motion for a new trial. A juror’s private investigation outside of court upon a matter affecting the controversy then before him may after verdict become cause for a new trial without regard to his intention, and it is to be presumed to have influenced the verdict in all cases, when it appears that it might have done so.

Case certified from district court for Sibley county, Cadwell, J. John Corcoran and others were indicted for selling liquor without a license. A demurrer to the indictment having been interposed by defendants, it was overruled and the cause certified to the supreme court.

Appeal by plaintiff from a judgment of the district court for Chisago county, entered pursuant to the findings of Williston, J. The notice for one undivided half is invalid because it includes several parcels in one notice. The law expressly says (G. S. 1894, § 1593) that a separate certificate must be issued for each parcel sold, and section 1654 provides that such certificate shall be presented to the county auditor and that a notice be issued upon each certificate.

Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., dissolving an attachment upon property belonging to the defendant Nash.

Appeal by plaintiffs from an order of the district court for St. Louis county, Ensign, J., denying their motion for a new trial. If the deed was not absolutely delivered so as to be the property of the grantee, specific performance will be decreed for its delivery. Hathaway v. Payne, 34 N. Y. 92. See, also, Switzer v. Gardner, 41 Mich. 164; Wood, Landl. & T. § 236.

Appeal by defendant from an order of the district court for Hennepin county, Elliott, J., denying its motion for judgment notwithstanding the verdict or for a new trial. As to what is a bill of lading, see “Bill of Lading,” Black, Law Diet.; Bouvier, Law Diet.; Minneapolis v. Home, 55 Minn. 236. Where the contract appears to be in writing, its terms are provable only by the instrument itself, if that is obtainable.

Appeal by plaintiff from an order of the district court for Hubbard county, Holland, J., striking out a complaint because not conforming to the claim as filed in the probate court. A variance between the claim as filed in the probate court and as alleged in the complaint in the appeal to the district court is immaterial, unless it is shown that the respondent is prejudiced or surprised thereby. 28 Am. & Eng. Enc.

Appeal by defendant from a judgment of the district court for Polk county for $1,553.72 entered in favor of plaintiff, after a trial before Ives, J., and a jury. The Minnesota statute of limitations controls though the injury occurred in North Dakota, since the statute is a plea that bars the remedy. McElmoyle v. Cohen, 13 Pet. 312; Miller v. Brenhan, 68 N. Y. 83; Nonce v. Richmond, 33 Fed. 429.

Defendant Keith being the owner of certain pine land in Mille Lacs county, one Lund went upon it and cut logs and removed them, without Keith’s knowledge, under an agreement with McClellan who represented himself to be the owner. At the same time Lund cut logs on a neighboring tract belonging to .still another person, and the logs from the two tracts became intermingled and came eventually into the hands of the defendant boom company at Minneapolis and were sawed up.

Order to show cause, upon application by the state on the relation of William D. Townsend, why a writ of prohibition should not issue to prevent the defendant Ward and other members of the common council of the city of Sauk Centre from proceeding to try relator upon a charge of misconduct in office preferred against him as mayor of said city.

Appeal by defendant from an order of the district court for Hennepin county, Smith, J., vacating a judgment which was entered pursuant to the following stipulation: “It is hereby stipulated by and between the respective parties, the plaintiff and the defendant in the above entitled action, and their respective attorneys, that the defendant may take judgment for dismissal upon the merits against said plaintiff upon all of the causes of action set forth in' plaintiff’s…

Action in the district court for Wabasha county begun in 1895 by the administrator of the estate of William E. Wording, deceased, to foreclose a mortgage on 120 acres of land. The mortgage was executed in 1876 by defendant Nicholson and her husband in favor of Mary C. Hallock. In 1877 the Nicholsons conveyed the mortgaged premises to defendant Charles Betcher, who assumed the mortgage.

Henry W. Carter died intestate October 14, 1893, and respondent was appointed Ms administrator by the probate court for Bamsey county. On November 8, 1893, appellant obtained in the district court for that county the judgment mentioned in the opinion. Appellant’s claim against the estate having been allowed as stated in the opinion, the administrator appealed to the district court.

Appeal by defendant from an order of tbe district court for Polk county, Ives, J., denying a motion for a new trial, after a verdict for plaintiff for $225. The time limit upon the return ticket bought by the plaintiff was a reasonable and valid limitation, and was bidding upon both the plaintiff and the defendant. Elmore v. Sands, 54 N. Y. 512; Missouri v. Murphy (Tex. Civ.

Appeal by plaintiff from an order of the municipal. court of St. Paul, Twohy, J., denying his motion for a new trial. Against plaintiff’s objection the court should not have permitted defendant, the father, to prove that he was surety.

Appeal by defendant from an order of the district court for St. Louis county, Cant, J., denying a motion for a new trial. The issues should have been submitted to the jury. G-. S. 1894, §§ 2217, 5861; Young v. Young, 18 Minn. 72 (90); Berkey v. Judd, 14 Minn. 300 (394); Greenleaf v. Egan, 30 Minn. 316; Chadbourne v. Zilsdorf, 34 Minn. 43; Lace v. Fixen, 39 Minn. 46; Peterson v. Ruhnke, 46 Minn. 115.

Appeal by defendant from an order of tbe district court for Hennepin county, Russell, J., denying a motion for a new trial after verdict for plaintiff for $543.75. If the plates were left at the defendant’s place, as testified to by the plaintiff, the defendant became a naked bailee without reward, and was liable only for gross negligence. Whitney v. First National, 55 Vt. 154; Jones, Bailm. 46, note 18, 122, note 18; Coggs v. Bernard, 2 Ld.

Indictment for selling spirituous liquor to an Indian. When the defendant was arraigned before the district court for Traverse county and required to plead, he interposed a motion to set the indictment aside because the person described as an Indian in the indictment was born within the territorial limits of the United States, and at the time alleged was a resident of South Dakota, and a citizen of the United States who had accepted the provisions of the act of congress of…

Appeal by defendant from an order of the district court for Cbisago county, Crosby, J., denying a motion for a new trial after verdict for plaintiff. The plaintiff entirely failed to make out a cause of action. GL S. 1894, § 1873; Sanford v. Johnson, 24 Minn. 172.

Appeal by defendant from an order of the district court for Pine county, Crosby, J., denying a motion to vacate a judgment by default. G. S. 1894, § 5203, authorizing the service attempted to be made in this case, is unconstitutional. Statutes authorizing constructive and substituted, service upon persons actually resident within a state where the proceeding is in personam and not in rem are unconstitutional and void.

Appeal by defendant Clayton S. Boice from an order of the district court for Fillmore county, Whytoek, J., denying a motion for a new trial after judgment for plaintiff. The seventh assignment of error is as follows: The court erred in refusing to order judgment for the appellant on motion at the close of the plaintiff’s testimony on the grounds stated, that it appears that the appellant paid an adequate consideration for the land, and no fraud had been shown. 2nd.

Appeal by defendant from a judgment of the municipal court of Duluth, entered pursuant to a verdict of $151.06 in favor of plaintiffs, after a trial before Boyle, Special Judge.

Appeal by plaintiff from a judgment of the district court for Le Sueur county in favor of defendant, pursuant to findings and an order for judgment of Cadwell, J. Appellant derives its title through Simmer’s assignee under the statute of 1881, as amended in 1889, by sequestration thereunder and in the right of the creditors.

Appeals by plaintiff from an order of the district court for St. Louis county, Ensign, J., entered March 18, 1897, vacating its order of February 10, 1897, and from an order of April 17, 1897, denying its application to withdraw and abandon condemnation proceedings against a certain lot.

Appeal by defendant Hoff from an order of tbe district court for St. Louis county, Ensign, J., overruling her demurrer to the complaint.

<p>Husband and Wife — Sale—Evidence—Support of Children.</p> <p>Evidence considered, and held sufficient to justify the finding of the trial court.</p>

Appeal by defendant Salter from an order of the district court for St. Louis county, Moer, J., denying a motion for a new trial, after a trial before Morris, J. The general rule for determining whether a contract is entire or severable is well settled. Lucesco v. Brewer, 66 Pa: St. 851; Fullmer v. Poust, 155 Pa. St. 275; 2 Parsons, Cont. 517; Norris v. Harris, 15 Cal. 226; Barnard v. McLeod (Mich.) 72 N. W. 24.

Appeal by defendant from an order of the district court for Nicollet county, Webber, J., denying a motion for a new trial after a verdict of $300 for plaintiff. The common-law rule as to surface water prevails in this state. The owner of the lower land may, with all due care not to injure his neighbor, in the use and improvement of his own land, obstruct the natural flow of water and turn it back upon the land of others without incurring liability.

Appeal by defendant from an order of the municipal court of Duluth, Edson, J., denying a motion for a new trial after a verdict of $350 for plaintiff. A lessor of premises wholly in possession of the lessee is not liable to the employees of the latter. Harpel v. Fall, 63 Minn. 520; Schip v. Pabst, 64 Minn. 22; Fellows v. Gilhuber, 82 Wis. 639, 52 N. W. 307; Perez v. Rabaud, 76 Tex. 191; McLean v. Fiske, 158 Mass. 472; Szathmary v. Adams, 166 Mass. 145.

Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., denying a motion for a new trial after a verdict for defendant. Respondent in fact made Stuart Ms agent for the sale of his land, and received the benefit of the transaction. He is now estopped to deny his responsibility. Mechem, Ag. §§ 150, 153, 154; Story, Ag. § 93; Knappen v. Freeman, 47 Minn. 491; Albitz v. Minneapolis, 40 Minn. 476; Krumm v. Beach, 96 N. Y. 398.

Application by the state, on the relation of Mary Hanke, for a writ of mandamus against Matthew J. Myers, justice of the peace. From an order of the district court for Watonwan county, Severance, J., granting a peremptory writ, defendant appealed. A memorandum or certified result is not a judgment. Bell v. Otts,.101 Ala. 186. The judgment must be duly entered after rendition. Hickey v. Hinsdale, 8 Mich. 267.

Appeal by plaintiffs from an order of the district court for Hennepin county, Elliott, J., denying a motion to remove George B. Spencer as assignee of Arnold & Company, insolvents. One in a fiduciary trust must do nothing inconsistent with the interests of the trust, or tending to interfere with , his appropriate duties. Bur rill, Assignm. §§ 350-410; Clark v. Stanton, 24 Minn. 232; In re Mast, 58 Minn. 313.

Appeal by defendant from an order of tbe district court for Fillmore county, Wbytock, J., denying a motion for a new trial, after findings, and an order for judgment of $800, and interest, in favor of plaintiff. Tbe motion for a change of place of trial should have been beard and decided according to tbe facts as they existed when it was made and set for bearing.

Appeal by defendant from an order of the district court for Pine county, Crosby, J., denying a motion for a new trial, after a verdict of $16,200 for plaintiff.

Action against the principal and sureties upon a recognizance for $500, conditioned that defendant Bartlett appear at an adjourned hearing of his examination before a justice of the peace upon a criminal charge of rape. From an order of the district court for Pipestone county, P. E. Brown, J., overruling the demurrer to the complaint and ordering judgment for plaintiff, defendants appealed.

In proceedings in the district court for Ramsey county to enforce payment of delinquent real-estate taxes for the year 1895, defendant duly filed objections to the collection of $286 assessed against certain land of defendant as and for a water frontage tax. At the hearing of the objections the court, Willis, J., ordered judgment for plaintiff upon the pleadings. At the request of defendant the case was certified to the supreme court.

Appeal by plaintiff from an order of the district court for Polk county, Ives, J., denying a motion for a new trial. Plaintiff having alleged and proved a legal title defendants cannot prevail by showing an equitable title. McClane v. White, 5 Minn. 178 (190); Williams v. Murphy, 21 Minn. 534; Merrill v. Dearing, 47 Minn. 137; Stuart v. Lowry, 49 Minn. 91.

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

Appeal by John F. Ofstie from an order of the district court for Swift county, Powers, J., appointing A. D. Countryman receiver of the unexempt property of Ole E. Hegstad and another, insolvents.

Appeal by defendant from an order of tbe district court for Bamsey county, Otis, J., denying a motion for a new trial, after a verdict of $400 for plaintiff.

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

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

Action to recover the sum of $98.90, expended by plaintiff in paying the promissory note mentioned in the opinion and in defending a suit against her upon that note. From an order of the district court for Rice county, Buckham, J., denying a motion for a new trial after a verdict for plaintiff, defendant appealed.

Action in the district court for Kandiyohi county to recover $3,500 for malicious prosecution. From an order, Powers, J., denying a motion for a new trial plaintiff appealed.

Action in the district court for Stearns county to recover $83.33 and interest for services of plaintiff as inspector of ballots cast in the third legislative district of that county at the general election of 1894 for the office of representative to the legislature, in a contest instituted by defendant Haines. The other defendants were the sureties upon his bond. At the trial the jury returned a verdict of $40.50 for plaintiff.

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

In the district court for Hennepin county L. T. Bishop made a motion for an order requiring Stephen Mahoney, the receiver of the Irish-American Bank, insolvent, to pay over to petitioner the sum of $500 or to retain said sum until the final determination of an action brought by the petitioner against said bank.' From an order, Elliott, .J., restraining the receiver, from paying out the money until the further order of the court, petitioner appealed.

Appeal by plaintiff from that part of a judgment of the district court for Hennepin county adjudging the defendant White to be the owner of the real estate described in the complaint, which was entered pursuant to findings and order of Simpson, J. The practice followed in the application to amend the judgment was correct. Welch v. Marks, 39 Minn. 481.

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

Appeal by defendant Wright from a judgment of the municipal court of Duluth, entered pursuant to the findings and order of Boyle, Special Judge.

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

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

Action in the district court for St. Louis county to recover $5,130 as rent due to the Duluth Gas & Water Company upon 272 fire hydrants maintained and supplied by it with water between October 1, 1896, and January 1, 1897.

Appeal by defendants Gibson and Wyman from an order of the district court for Hennepin county, Jamison, J., denying a motion for a new trial, after findings and an order for judgment in favor of the… Held: and the question of application of payments does not enter into this case.

Actions in the district court for Clay county to recover $2,000 each for personal injuries suffered by the plaintiffs respectively. The cases were tried together, it being stipulated in open court that the amount, if any, to be recovered in the Andseth case should be $850. From a judgment for defendant entered pursuant to findings and an order for judgment, Baxter, J., each plaintiff appealed.

Action in the district court for Bamsey county to recover $25,500 for personal injuries suffered by plaintiff. From an order, Kelly, J., denying a motion to enter judgment for defendant notwithstanding a verdict for $2,500 in favor of plaintiff, or for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Clay county, Baxter, J., granting a motion for a new trial, unless plain-, tiff would consent to take judgment for thirty-one dollars, and in case of such consent denying a new trial. If the animal is sold to be consumed by the purchaser the law might imply a warranty of soundness, but not so where the sale is made to a dealer.

In proceedings in the district court for Chisago county to enforce payment of real-estate taxes delinquent in 1897 defendant landowner appeared specially for the purpose of objecting, to the jurisdiction of the court and filed objections to the taxes and penalties mentioned in the opinion, on the ground that more than six years had elapsed prior to the commencement of these proceedings since said taxes and penalties had accrued, as shown by said delinquent list upon its face.

<p>Mads A. Mossefin and Charles N. Lindell, partners, made an assignment of their non-exempt property to Lewis Ellington for the benefit of their creditors, and the deed of assignment was filed in the district court for Polk county. When the assignee petitioned the court for an order requiring the creditors of the assignors to show cause why they should not be required to file releases of their claims as a condition to their right to participate in the proceeds of the estate, James Mullen and other creditors objected for the reason that the assignment was not made in accordance with the insolvency law of 1881. From an order, Ives, J., requiring creditors of the insolvents to file releases as a condition precedent to their right to share in the distribution of the proceeds of the estate, James Mullen and other creditors appealed.</p>

Appeal by plaintiff from a judgment of the district court for Hennepin county in favor of defendant Turnblad, entered pursuant to findings of Belden, J., and an order for judgment. Can the registered holder of stock in a corporation discharge himself from liability by presenting his certificate for transfer, where such transfer is refused and the certificate retained by him?

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

Action in the district court for Hennepin county to recover $459.-59 and interest. From an order, Smith, J., denying plaintiffs’ motion for judgment notwithstanding the verdict for defendants or for a new trial, plaintiffs appealed. In order that there be a de facto corporation the persons must have been capable of becoming a corporation de jure.

Action in the district court for Wright county by the special administrator of James Tracy, deceased, and by Minerva Tracy to establish a lost deed. The facts are stated in the opinion. The case was tried before Russell, J., without a jury, and the court or•dered judgment for plaintiffs. From an order denying a motion for a new trial defendants appealed.

Action in the district court for Ramsey county against the Carpenter Electric Heating Manufacturing Company and the American Electric Heating Corporation to ascertain and enforce the liability of the Heating Corporation for unpaid instalments on the stock of the Manufacturing Company owned by it, in case the Heating Corporation failed to pay a judgment in favor of plaintiff against the Manufacturing Company amounting to $5,587.71.

Action in the district court for Hennepin county to sequester the assets of the Northern Trust Company for the benefit of its creditors because of its insolvency. The proceedings mentioned in the opinion were had. From the order, Jamison, J., reinstating the supplemental complaint of Carroll and the proceedings taken under it, and setting aside the supplemental complaint of Lincoln, the latter appealed.

Appeal by defendant from an order of the district court for Ramsey county, Willis, J., denying a motion for judgment for defendant notwithstanding a verdict for one thousand dollars for plaintiff, or for a new trial.

Appeal by defendant from an order of the district court for Ramsey county, Willis, J., sustaining plaintiff’s demurrer to the answer. An officer cannot after the expiration of his term attack the authority under which his salary was reduced and recover a greater rate fixed by some prior act. Love v. Mayor, 40 N. J. L. 456.

Plaintiff recovered a judgment for $5,060 in the district court for Hennepin county. Execution thereon having been returned unsatisfied, H. C. Peterson, one of the judgment debtors, was examined in supplementary proceedings. From an order, Russell, J., denying a motion to appoint a receiver for Peterson, plaintiff appealed.

Action in the district court for Hennepin county by the receiver of the insolvent Washington Bank against the stockholders of the bank for the purposes stated in the opinion. Andrew C. Haugan and certain other defendants demurred to the complaint. From an order overruling their demurrer, .Russell, J., they appealed. All four assignments of error involve the construction of Laws 1895, c. 145, § 20.

Action in the district court for Hennepin county by the receiver of the insolvent Scandia Bank of Minneapolis against the stockholders of the bank to compel payment by them of sums equal to twice the par value of the stock held by each. Reinert Sunde and certain other defendants demurred to the complaint. From an-order overruling their demurrer, Russell, J., they appealed.

Action in the district court for Ramsey county by a creditor of the insolvent Bank of Minnesota in her own behalf and in behalf of the other creditors who should join in the action against the receivers of that bank appointed upon the petition of the bank examiner of Minnesota, and against the stockholders of the bank, to enforce the constitutional liability of the stockholders. Certain defendant stockholders demurred to the complaint.

<p>The city of Duluth instituted proceedings under the provisions of Sp. Laws 1887, c. 2, sube. 6, to condemn land needed for the extension of certain streets in that city to the site of a proposed reservoir. The commissioners having awarded small damages to the respondents in this court, they severally appealed from the awards to the district court for St. Louis county. At the close of the testimony the city requested that a verdict be directed in its favor. The motion was denied and an exception taken. The jury awarded $250 in one case and $188 in another. The several appeals were tried together. From an order, Moer, J., denying a new trial and also a motion for judgment in favor of the city notwithstanding the verdicts, the city of Duluth appealed.</p>

Action in the district court for Polk county to enjoin the sale of certain real estate upon foreclosure of a mortgage claimed to be usurious. The facts are stated in the first opinion. After a trial without a jury judgment was entered pursuant to the findings and order of Ives, J., setting aside the mortgage and note as usurious and enjoining the defendants from foreclosing it. From this judgment the defendant corporation appealed.

From an order of the district court for Hennepin county, Elliott, J., denying the application of the state of Minnesota for an order requiring the receiver of the Northern Trust Company to pay to the treasurer of the state out of the moneys collected by him the sum of $1,955.35, and for an order allowing the filing of said claim of the state with the receiver, the state of Minnesota appealed.

Upon the application of the state of Minnesota, one of its creditors, a receiver for the insolvent Bank of New England was appointed in December, 1893, by the district court for Hennepin county. In 1895 an order was made allowing one J. A. Hanson, on behalf of the creditors of the bank, to intervene in the receivership action for the purpose of enforcing the statutory liability of the stockholders, and he filed a supplemental complaint against the several stockholders.

The defendant and three others were indicted for the crime of forgery in the second degree. When arraigned in the district court for Ramsey county, defendant interposed a separate demurrer to the indictment on the grounds that more than one offense was charged and that the facts stated in the indictment did not constitute a public offense. The demurrer was overruled. Upon a trial the jury returned a verdict of guilty.

Appeal by defendant Anderson from an order of the district court for Ramsey county, Otis, J., authorizing and directing the receivers of the plaintiff bank to enforce the liability of its stockholders for the benefit of its creditors.

Action in the district court for St. Louis county to recover $30,000 for personal injuries suffered by plaintiff. The defendant, Nils Ellsberg, having died after the action was begun, his executors were substituted as defendants. At the close of the trial the defendants requested that the following instructions (among others) be given to the jury: 2.

Action to recover $107.20, the amount of a judgment against defendant rendered by a justice of the peace in the state of Michigan. The case having been removed from the district court of St. Louis county to that for Hennepin county, the court, Elliott, J., ordered judgment for plaintiff. From an order denying a motion for a new trial, defendant appealed.

Appeal by respondents from an order of the district court for Eamsey county, O. B. Lewis, J., appointing a committee agreeably to the petition of petitioner, a cemetery association, to condemn land for the extension of its cemetery.

The probate court for Ramsey county admitted to probate the will of James E. Brady, deceased. Thereupon John W. Brady and others appealed from the order allowing the will to the district court for Ramsey county. In the district court the proceedings mentioned in the opinion took place. From an order of that court, Kelly, J., dismissing the appeal from the probate court, J. W. Brady and others appealed to this court.

Action in tbe district court for Hennepin county upon a promissory note for one thousand dollars and coupon note attached thereto. The defendants’ answer is given in the opinion. The court, Jamison, J., having ordered judgment for plaintiff: Plaintiff moved for additional findings and for a new trial, and from an order denying her motions, she appealed. Affirmed.

Action in the district court for Wilkin county to recover $160, the amount due upon coupons numbered 4 and 5 of two certain bonds issued in the name of the defendant town and signed by one Perry C. Heath, as chairman of its board of supervisors. The answer denied the execution and delivery of the bonds and alleged that at the time of their pretended execution and delivery one Philip Heider was chairman of its board of supervisors.

Action in tlie district court for Hennepin county against defendant corporation to recover $300 over-payment to it upon the purchase of 200 bicycles, and the further sum of $1,500 for defendant’s misrepresentations and failure to perform its agreements to protect plaintiffs from competition in the sale of said wheels. A trial resulted in a verdict in favor of plaintiffs for the sum of $2,154.20.

Indictment before the district court for Dodge county for illegal sale of intoxicating liquors without first having obtained a license therefor. At the trial when the state rested, defendant moved to dismiss the case because of a fatal variance between the indictment and the proof.

Action in the district court for Stearns county against defendant Dummert and his wife and Vinet A. Whipple for the reformation of a contract on the ground of mistake. The findings are given in the opinion. From a judgment correcting the contract as to the defendants Dummert and dismissing the action on the merits as to the defendant Whipple, entered pursuant to the findings and order of Searle, J., plaintiff appealed.

Action in the municipal court of St. Paul. The substance of the complaint and answer is given in the opinion. From an order of the court, Twohy, J., sustaining a demurrer to the answer, defendant appealed. G. S. 1894, § 5236, provides what the answer shall contain. If the general denial be qualified by special pleading, it is nevertheless sufficient, if there be no uncertainty as to what is specially pleaded. Jellison v. Halloran, 40 Minn. 485.

Action in the district court for St. Louis county to recover $15,000 for personal injuries suffered by plaintiff while in the employ of defendant company. Defendant demurred to the complaint. The substance of the allegations of the complaint is stated in the opinion of CANTY, J. From an order overruling the demurrer, Ensign, J., defendant appealed. The parties were not engaged in the actual operation of a railroad within the meaning of Laws 1887, c. 13.

Appeal by plaintiffs from an order of the district court for Wright county, Tarbox, J., discharging an order to show cause, and denying their application for a temporary injunction. That the relief demanded is proper is decided in this state by a number of decisions. Chadbourne v. Zilsdorf, 34 Minn. 43, and cases cited; Flaten v. City, 51 Minn. 518.

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

Appeal by plaintiff from an order of the district court for Hennepin county, Johnson, J., vacating and setting aside a default judgment and permitting defendant to answer. It is a universal rule in opening default judgments that defendant should give some reason for the default, and should excuse any seeming laches. Mueller v. McCulloch, 59 Minn. 409; John T. Noye v. Wheaton, 60 Minn. 117.

Action in the district court for St. Louis county against O. H. Campbell and the McCord Lumber Company to recover $152 for work and labor as cook and loader in and about the cutting and banking of certain logs belonging to the defendant lumber company, and to obtain a sale of the logs to satisfy plaintiff’s lien thereon. The material facts are given in the opinion.

Appeal by defendant, sheriff of Ramsey county, from an order of the district court for Ramsey county, Kelly, J., denying defendant’s motipn for judgment in his favor notwithstanding the verdict for plaintiff or for a new trial. There was no evidence of title in plaintiff and her bare statement will not sustain a verdict against the undisputed facts. Smith v. Barclay, 49 Minn. 365; Olson v. Swensen, 53 Minn. 516.

Action in the district court for Hennepin county to recover $7,500 rent under one lease (Exhibit A), and $2,500 rent under another lease (Exhibit B). The substance of the leases is given in the opinion.

Action in the district court for St. Louis county to foreclose a mechanic’s lien. Defendant Realty Company, owning certain premises in Duluth, leased the same for 99 years to defendant Silvey. In November, 1894, he contracted with plaintiff for the erection of a building thereon for $82,645.

<p>Death by Wrongful Act — G-. S. 1894, ? 5913 — Husband Hot “Next of Kin” of Deceased Wife.</p> <p>Under G. S. 1894, § 5913, damages recovered by reason of the wrongful act of a party causing death are for the exclusive benefit of the widow and next of kin. Held, that under this section of the statute the husband is not the next of kin of the deceased wife.</p>

Action in tbe district court for Ramsey county by the receiver of the insolvent First National Bank of Decorah, Iowa, to recover one thousand dollars from the widow and heirs of Sumner W. Matteson, deceased, who in his lifetime owned ten shares of stock in that bank. The material facts are stated in the opinion. Defendants demurred to the complaint. From an order overruling the demurrer, Willis, J., two of the defendants appealed.

Appeal by defendant from an order of the district court for Blue Earth county, Severance, J., denying a motion to vacate a decision in favor of plaintiff and for a new trial.

Action in the district court for Hennepin county to recover $291.95 for conversion of the property described in the opinion. The answer was a general denial. At the close of the trial each party moved that the court direct a verdict in its favor. The jury being excused by consent of the parties, the court ordered judgment for defendant. From an order denying a motion for a new trial, Elliott, J., plaintiff appealed.

Action in tbe district court for Ramsey county to recover $6,500 for personal injuries suffered by plaintiff. From an order, Brill, J., denying defendant’s motion for judgment notwithstanding a verdict of $1,000 for plaintiff or for a new trial, defendant appealed.

Action in the district court for Carlton county to recover $20,250' for personal injuries suffered by plaintiff while employed in the defendant’s saw-mill. The trial resulted in a verdict of $4,000 in favor of plaintiff. From an order denying defendant’s motion for judgment notwithstanding the verdict, or for a new trial, Ensign,, J., defendant appealed.

Appeal- by plaintiff from an order of tbe district court for Clay county, Baxter, J., denying the motion of plaintiff to set aside the findings of the court in favor of defendants and for a new trial.

Action in the district court for Hennepin county to set aside a levy made upon certain real estate under an execution issued out of the same court upon two judgments of $1,373.13 and $1,384.87, respectively, against the plaintiff in this action, and to enjoin defendant company and its receiver from making any levy upon said real estate and from selling the same, and for a decree that said judgments are not a lien upon the premises.