Volume 71 — Minnesota Reports

Action in the district court for Fillmore county by Benjamin Bresnahan, Junior, against Benjamin Bresnahan, Senior, Kate McCarthy and her husband, to cancel a deed from Bresnahan, Sr. to defendants McCarthy and obtain a conveyance of the land to plaintiff from his father. At the trial the court, Whytock, J., found in favor of plaintiff and ordered judgment in his favor. The findings are stated more fully in the opinion.

An action by the administratrix of Michael Irving, deceased, to recover $5,000 for the death of her intestate, and an action by John Irving to recover $10,000 for personal injuries suffered by him, both in the district court for Hennepin county, were tried together. When the plaintiffs rested both cases were dismissed. From an order denying their motion for a new trial, Elliott, J., plaintiffs appealed.

The defendant, as administrator of the estate of Mary C. Breg, deceased, filed his final account as such administrator in the probate court for Bamsey county, and the account was settled and allowed by that court on March 30, 1896. On the same day a decree of distribution assigned the real and personal property of the intestate to her six nephews and nieces by name, one-sixth to each.

Appeal by defendant, as administrator of Oliver E. Wilber, deceased, and another from an order of the district court for Martin county, Quinn, J., reversing an order of the probate court for Martin county. The facts are stated in the opinion.

Appeal by plaintiff from a judgment of the district court for Ramsey county, in favor of defendant board, entered pursuant to the findings and order of Kelly, J. The facts are given in the opinion. The allowance to the sheriff of fees for his services in and about the enforcing of delinquent personal property taxes is regulated by G. S. 1894, § 1574.

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

<p>Appeal by defendant from an order of the municipal court of St. Paul, Orr, J., denying his motion for a new trial.</p>

Appeal by relator from an order of the district court for St. Louis county, Cant, J., discharging a writ of habeas corpus directed to William C. Sargent, sheriff, and another, and remanding relator to the county jail.

Appeal by plaintiff from an order of the district court for Hennepin county, Smith, J., denying his motion for a new trial, after a verdict for defendants. The plaintiff’s fourth request, mentioned in the opinion, was as follows: “4.

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

From an order of the board of county commissioners of Wright county altering the location of a county road, Joseph Hagemeyer and another appealed to the district court for Wright county. The court, Tarbox, J., dismissed their appeal and denied their motion for a new trial. From the order denying a new trial they appealed. The appeal is placed by the legislature upon the same footing, and is governed by the same rules, as an appeal from one court to another.

Action in the district court for Sherburne county to recover $25,000 damages for personal injuries sustained by plaintiff. From a judgment for defendant notwithstanding a verdict of $1,500 in favor of plaintiff, entered pursuant to order of Searle, J., plaintiff appealed.

<p>Appeal by defendant from an order of the district court for Dakota county, Crosby, J., denying its motion to set aside a verdict for f500 in favor of plaintiff, and that judgment be entered for defendant notwithstanding the verdict.</p>

Action in the district court for Ramsey county to recover $1,150 for personal injuries suffered by plaintiff and expenses incurred for medical attendance. When the plaintiff rested the defendant requested the court, Kelly, J., to direct a verdict for the defendant. The motion was granted. From an order denying his motion for a new trial plaintiff appealed.

Action in the municipal court of Minneapolis against John E. Holmberg, sheriff of Hennepin county, to recover two barrels of whisky or their value, stated to be $130. Thereupon D. Sachs and others, constituting the firm of D. Sachs & Sons, intervened claiming one barrel of this whisky. Upon a trial the court, W. A. Kerr, J., made the findings given in the opinion and ordered judgment for the return to intervenors of the whisky in question or for $156.

Action in the district court for Itasca county to determine adverse claims to vacant and unoccupied land. The case was removed to Crow Wing county.

Appeal by defendant from an order of the district court for Ramsey county, Lewis, J., overruling its demurrer to the complaint- The insolvency law contains no provision saving the wife’s right, but provides that the debtor may make an assignment of all his unexempt property for the benefit of his creditors. G. S. 1894, § 4240. By “unexempt” is meant property not exempted from sale on execution by the provisions of the statutes fixing exemptions.

Action in the district court for St. Louis county against Michael Fink, Thomas A. Whittaker and Otis W. Saunders to determine adverse claims to three parcels of land. The defendant Fink set up in his answer that he was the owner in fee of the lands described, but that the plaintiff claimed an interest therein adverse to him, a determination of which adverse interest was asked of the court.

Appeal by plaintiff from an order of the district court for Scott county, Cadwell, J., denying its motion for a new trial after a verdict for defendant. Under G. S. 1894, § 5136, subd. 6, providing that in an action for relief on the ground of fraud the cause of action does not accrue until the discovery of the fraud, it is necessary that the fraud be actually discovered. The discovery contemplated by this statute is an actual discovery, not a constructive discovery.

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

Appeal by defendants from a. judgment for $5,828.09 entered against them as receivers of the Bank of Minnesota in the district court for Ramsey county, pursuant to the findings and order of Brill, J.

Action in the district court for Mower county against the Chicago, St. Paul & Kansas City Railway Company, the Chicago Great Western Railway Company and the Chicago, Milwaukee & St. Paul Railway Company to recover damages for injuries suffered by plaintiff while employed as fireman upon a locomotive of the Milwaukee' Company. The facts are given in the opinion.

Action in the district court for Hennepin county to recover $10,000 for malicious prosecution and false imprisonment. The case was tried before Smith, J., and a jury which rendered a verdict in favor of plaintiff for $300, upon which judgment was entered. From this judgment defendant association appealed.

Action in the district court for Hennepin county to set aside an execution sale to defendant of a certain city lot and dwelling house which plaintiff claimed as his homestead. His declaration of intent to claim the property as a homestead was duly recorded June 16, 1893. The other facts are stated in the opinion. The case was tried before Smith, J., without a jury, and the court made findings and ordered judgment in favor of defendant.

<p>Action in the district court for St. Louis county to obtain a decree cancelling plaintiff’s note and mortgage for $1,900 and annulling the foreclosure proceedings had thereunder, and to secure a judgment against defendant for $680.20 and interest. The facts are stated in the opinion. From a judgment of dismissal entered pursuant to an order, Moer, J., sustaining defendant’s demurrer to the complaint, plaintiff appealed.</p>

Appeal by defendant from an order of the district court for Ramsey county, Brill, J., denying his motion for a new trial after findings and order for judgment in favor of plaintiff for $6,750 and interest.

Action in the district court for Ramsey county to enjoin defendant corporation from enforcing its lien, under G-. S. 1894, § 2799, upon certain shares of its stock belonging to one Dorr and pledged to plaintiff bank. The case was tried before Otis, J., without a jury, and the court found the facts substantially as stated in the opinion and ordered judgment that defendant first exhaust its real-estate mortgage security before resorting to a sale of the stock.

Appeal by plaintiff, as administrator of the estate of Jane H. Whittlesey, deceased, from a judgment for defendant entered in the district court for Morrison county pursuant to findings and an order of Baxter, J. At common law crops raised were as much security for the debt as the land itself, and upon the failure of the mortgagor to pay the mortgage at the time it became due, the entire property, growing crops included, passed to the mortgagee. Keech v. Hall, 1 Doug. 21;.

Appeal by plaintiffs from a judgment for tbe defendant on the pleadings entered in the district court for Stearns county, pursuant to the findings and order of Baxter, J.

Appeal by plaintiffs, as executors of the estate of James B. Moffett, deceased, from a judgment entered in the district court for Hennepin county pursuant to the findings and order of Smith, J. A mortgage is a chose in action and an assignee takes it subject to all defenses that exist between the original parties. Johnson v. Carpenter, 7 Minn. 120 (176); Redin y. Branham, 43 Minn. 283; Oster y. Mickley, 35 Minn. 245.

Appeal by defendant John E. Ransom, as executor of the estate of R. W. Ransom, deceased, from an order of the district court for Ramsey county, Kelly, J., sustaining plaintiff’s demurrer to his answer.

Appeal by defendant from an order of the district court for Dakota county, Crosby, J., denying its motion for judgment notwithstanding the verdict or for a new trial, after a verdict for the plaintiff for $2,000. An employee is bound to take notice of conditions open to his daily observation. Anderson v. Minnesota, 39 Minn. 523.

In the matter of the assignment of Arthur H. Ives and Amos P. Ireland, copartners as Ives, Ireland & Co., insolvents, in the district court for Hennepin county, the assignee, Alphonso B. Hawkins, filed his final account, the substance of which is stated in the opinion, and applied to the court for an order of distribution of the proceeds among the creditors entitled thereto.

Appeal by defendant from an order of the district court for Stearns county, Baxter, J., denying his motion for judgment notwithstanding the verdict or for a new trial, after a verdict for plaintiff by direction of the court.

Appeal by defendants Stener A. Stenerson and Aleck A. Stenerson from a judgment of the district court for Scott county, entered pursuant to the findings and order of Oadwell, J.

Application to the district court for Hennepin county, on the relation of James C. Hawes, for an alternative writ of mandamus directed to Fred C. Barrows as oil inspector for Minnesota why he should not restore the relator to the office of deputy inspector of oil for Goodhue county.

Action begun in May, 1895, in the district court for Wabasha county, upon a promissory note for $1,500 against Henry JBurkhardt, as the maker, and William Witte and W. F. Bickel, as the guarantors of payment. Judgment upon default for $1,632.33 was entered against defendant Bickel on December 3, 1895. Defendant Witte answered, and upon a trial before Gould, J., and a jury, the latter returned a verdict for plaintiff.

Action in the district court for St. Louis county, on a contract dated May 5, 1888. The plaintiff alleged a demand upon defendants, after five years from date of purchase, to close out the investments in real estate by sale. The defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. From an order, Cant, J., overruling the demurrer defendants appealed.

Action begun September 15, 1896, in the district court for Hennepin county against the receiver of the American Savings & Loan Association to recover $496.50. The premises mortgaged by plaintiff were situated in South Dakota. The other facts are stated in the opinion. From a judgment dismissing the action, pursuant to the findings and order of Elliott, J., plaintiff appealed.

Action in the district court for Hennepin county by tbe members of the firm of Porter, North & Phipps against the members of the firm of Baxter, Fillmore. & Winchester to recover a balance of $1,-219.46 alleged to be due from defendants upon a sale of furniture under the written agreement mentioned in the opinion.

Action in the district court for Ramsey county to recover $15,715.-13, and interest. A demurrer to the complaint was sustained, Bunn, J. From the order sustaining the demurrer plaintiff appealed. Held: as public property of said county under the terms of Laws 1895, c. 278, § 1. The defendant attempted to enter into a contract which is null and void. Mitchell v. Board, 21 Minn. 159; Throop, Pub. Off. § 5551; Mechem, Pub.

Action' in the district court for Morrison county to recover $800 for injuries to plaintiff's real estate. From an order, Baxter, J., denying a motion for a new trial after a verdict of $350 for plaintiff, defendant appealed. The modern law is that a riparian owner on navigable waters, as well as one owning land abutting on any other public highway, holds his land subordinate to the public use of such waters or highway, if such use is reasonably exercised.

On February 8, 1896, in the district court for Wabasha county garnishment proceedings against the garnishee-defendant, Brass, were begun in the case of plaintiff bank against Burkhardt and others, reported supra at page 185. The proceedings described in the opinion were then taken. The trial mentioned there was held before Gould, J., whose findings are stated in the opinion.

Action begun October 2, 1895, in the district court for Ramsey county against 'the defendant railway company, and the receivers of the Wisconsin Central Company and of the Wisconsin Central Railroad Company, to recover $25,000 for personal injuries suffered by plaintiff on March 7, 1894, while employed as fireman by the Chicago Great Western Railway Company.

Action in the district court for Sherburne county to recover $1,800 for conversion of personal property. The plaintiff held a chattel mortgage on the property alleged to have been converted. The defense was a general denial. At the trial before Baxter, J., and a jury, the jury found the value of the property to be $1,500, and the court found the plaintiff was not entitled to recover. The proceedings taken in the settlement of the proposed “case” are stated in the opinion.

Action in the district court for Jackson county to recover a balance due of $1,568.75.

Action in the district court for Ramsey county against Hannah Sweeney in her own right and as administratrix of the estate of Edward Sweeney, and others. The facts are stated in the opinion. From an order, Bunn, J., sustaining demurrers to the complaint, plaintiff appealed. This controversy is between appellant and the respondents, all of whom are alive.

Action in the district court for Eamsey county by the administrator of Ernest Lineburg, deceased, to recover $5,000 for his death. At the trial defendant moved, when the plaintiff rested his case, that the case be dismissed on the ground that no affirmative negligence on the part of the city had been proved. The motion was granted by Kelly, J. From an order denying a motion for a new trial, plaintiff appealed.

<p>Municipal Corporation — City of Duluth — License for Theaters — Reasonable Amount.</p> <p>Eeld, that a license tee of $125 for six months, for theatrical performances in the city of Duluth, is not unreasonable, or in excess of the police power of the city to license and regulate such performances.</p>

In September, 1896, in the probate court for Pope county, Jeppe Larson and Elna Fridlund, son and daughter of Lars Nilson, and one George J. Backus, as the special administrator, by appointment of the probate court for Stearns county, of the estate of Lars Nilson, deceased, filed their petition and obtained an order upon B. W. How, as administrator with the will annexed of the estate of Nils Larson, and upon the attorney of the legatees under that will, to show cause why the…

Action in the district court for Meeker county to quiet title to two half sections of land. Defendant Willis and defendant bank answered separately, each claiming a mortgage lien upon the property under a mortgage given by Reuben S. Hershey, plaintiff’s devisor. Plaintiffs’ reply put in issue the validity of the mortgages and alleged that Reuben S. Hershey held only a life estate in the property, and had no authority to mortgage the fee.

Appeal by plaintiff from a judgment in favor of tbe defendant Frank C. Mosher entered in the district court for Dodge county, pursuant to the findings and order of Buckham, J.

<p>Appeal by defendant from a judgment in favor of plaintiffs entered in the district court for Stearns county, pursuant to the findings and order of Baxter, J., and from an order of the court denying his motion for a new trial.</p>

Appeal by plaintiff, as assignee in insolvency of Nehemiah P. Clarke and another, from an order of the district court for Stearns county, Baxter, J., denying his motion for a new trial after findings and order for judgment in favor of defendant, as administrator of the estate of Charles F. Powell, deceased.

Appeal by Angus Gunn from an order of the district court for Pine county, Crosby, J., removing him as assignee in insolvency of the estate of Elfstrand & Peterson, and appointing John A. Smith in his place.

In proceedings by the state in the district court for St. Louis county against the Lakeside Land Company to enforce the collection of delinquent taxes for 1895, after findings and order for judgment, partly in favor of plaintiff and partly in favor of the objector, the case was certified by Moer, J., to the supreme court.

Appeal by defendant, as assignee in insolvency of M. Roeller & Co., from a judgment of tbe district court for Hennepin county in favor of plaintiff for $476.04, after a trial before Russell, J., and a jury.

Appeal by plaintiff from a.judgment for defendants entered in the district court for Hennepin county pursuant to the findings and order of Smith, J.… Held: including the insurance in the eleven other companies, collected for its benefit over and above the amount necessary fully to indemnify the defendant railwaj^ company. The Home policy and the policies of the other companies were contributive. The interest covered by the Home policy and by the other policies was the same.

In the matter of the receivership of the Bank of Minnesota the city of St. Paul filed a petition in the district court for Ramsey county, asking that Frank A. Seymour and William H. Lightner, as receivers of said bank, be required to pay to the petitioner out of the general funds in their hands a balance of $22,480.81 due the petitioner from the insolvent bank upon trust account.

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

Appeal by plaintiffs from a judgment of the district court for Houston county dismissing the action on the merits, entered pursuant to the findings and order of Whytock, J.

Appeal by plaintiff as receiver of the Manufacturers’ Bank of West Duluth, insolvent, from an order of the district court for St. Louis county, Ensign, J., overruling his demurrer to the defendant’s answer.

In an action in the district court for Ramsey county findings were made by Kelly, J., ordering judgment to be entered for the plaintiff for $1,000, and interest, and providing that upon such entry the defendant have and hold as his own a certain assignment of mortgage.

Appeal by defendants from an order of the district court for St. Louis county, Moer, J., denying their motion for a new trial, after findings and an order for judgment in favor of plaintiff for $234.72 and interest.

Appeal by plaintiff as administratrix of the estate of George Morrow, deceased, from an order of the district court for Ramsey county, Bunn, J., denying her motion for a new trial after a verdict for defendant by direction of the court.

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

Appeal by plaintiff from an order of the district court for Wright county, Tarbox, J., setting aside a verdict in his favor for $1,000, and ordering judgment for the defendant notwithstanding the verdict.

Appeal by defendant from an order of the district court for St. Louis county, Ensign, J., denying its motion for judgment notwithstanding the verdict or for a new trial, after a verdict for $2,500, in favor of plaintiff as administrator of the estate of Erick Engstrom, deceased.

Appeal by defendant John Grimmer, from a judgment in favor of the plaintiif entered in the district court for Redwood county upon the findings and order of Webber, J. In the absence of fraud a person may do business and execute contracts under any name he chooses to assume. 16 Am. & Eng. Ene. 118. All that the law looks to is the identity of the individual, and when that is established the act will be binding upon him and others.

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

Appeal by defendant from a judgment entered in the district court for Stearns county in favor of plaintiff, as administrator of the estate of Jane H. Whittlesey, deceased, pursuant to the findings and order of Baxter, J.

Appeal by defendants from an order of the district court for Hennepin county, Elliott, J., denying their motion to make the complaint more definite.

Appeal by defendants from an order of the district court for Ramsey county, Brill, J., denying their motion for a new trial after a verdict for $6,209.65 in favor of the receivers of the Walter A. Wood Harvester Company, pursuant to the direction of the court. A tender of the stock, prior to suit, or a readiness and a willingness to deliver, coupled with notice thereof, is necessary to entitle plaintiff to recover.

Appeal by plaintiffs from an order of the district court for Kandiyohi county, Powers, J., denying their motion for a new trial after an order of the court directing judgment in favor of defendants upon the pleadings. Under G-. S. 1878, c. 46, § 3, subd. 10, the real estate of decedent was free from the liens of creditors after the lapse of three years from his death.

Appeal by defendants from an order of the district court for Stearns county, Searle, J., denying their motion for a new trial after a verdict for plaintiff, as administrator of the estate of William H. Hayward, deceased, for $515.80 and interest, pursuant to the direction of the court.

Petition by William D. Townsend for a writ of certiorari to review proceedings of the common council of the city of Sauk Centre removing him from office as mayor of the city for alleged misconduct in office.

From an order and judgment of the district court for Hennepin county, Russell, J., adjudging him guilty of contempt of court and sentencing him to pay a fine of $100, Wallace G. Nye appealed to the supreme court. He also brought the case before the supreme court by writ of certiorari.

In an action in the district court for Hennepin county, brought by James T. Elwell against his copartners and the city of Minneapolis, and its comptroller and treasurer, for an accounting for the profits accruing from a certain contract with the city, William P. Roberts was appointed receiver of all moneys coming to the firm from the city, and an absolute order was made by Russell, J., in proceedings instituted in the original action by order to show cause, requiring the…

On the petition of William M. Becker, in the matter of the receivership of the Bank of Minnesota, an order was made by the district court for Ramsey county, Willis, J., requiring Frank A. Seymour and William H. Lightner, receivers of the bank, to refund to the petitioner, Becker, the sum of $170.90. From this order the receivers appealed.

Writ of error brought by James O’Neil and another to review a judgment of the district court for Pine county convicting them of robbery in the second degree.

Appeal by defendant from an order of the district court for Kandiyohi county, Powers, J., denying its motion for a new trial after a verdict for $153.60 in favor of plaintiff.

Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., discharging an order requiring the defendant, as sheriff of said county, to show cause why he should not pay over certain moneys.to the plaintiff.

In an action in the district court for Hennepin county against the Frisk-Turner Company and all its stockholders, to enforce the individual liability of the stockholders for debts of the company, the plaintiff appealed from an order of Johnson, J., denying its motion for a new trial after a dismissal of the action at the close of plaintiff’s testimony.

Appeal by defendant from a judgment in favor of the plaintiff for $815.22 entered in the district court for Freeborn county after a trial before Whytoek, J., and a jury.

Action in tbe district court for Winona county to recover $970. The Fire Association of Philadelphia, having paid plaintiff under its insurance policy $500 upon his loss, intervened and asked for judgment in that sum against defendant. From an order, Snow, J., denying its motion for a new trial, plaintiff appealed.

Appeal by plaintiff from an order of the district court for Scott county, Cadwell, J., denying her motion to amend the findings and for a new trial. An agent in whose hands an interest coupon note has been placed for collection, the owner retaining the principal note and securities given therefor, is not authorized to collect, or receive payment upon, the principal note.

Appeal by defendant from an order of the district court for Ramsey county, Willis, J., denying its alternative motion for judgment notwithstanding the verdict or for a new trial, after a verdict for the plaintiff for $17,640.30. Upon the evidence in this case the plaintiff was clearly guilty of contributory negligence.

Appeal by plaintiff, as special administrator of the estate of Reuben A. Richmond, deceased, from an order of the district court for Stearns county,o Searle, J., denying his motion for a new trial.

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

Appeal by certain of tbe defendants from an order of tbe district court for Swift county, Powers, J., denying their motion for a new trial after a verdict for plaintiff for $1,239.70 by direction of tbe court.

In an action of ej’ectment in the district court for Carver county, the defendants failed to answer, and judgment was entered by default in favor of plaintiff. From an order afterwards made by Cadwell, J., on the motion of Anna G. Litfin, one of the defendants, setting aside the judgment and granting hér leave to answer, the plaintiff appealed.

Appeal by defendant from an order of the district court for Freeborn county, Wbytock, J., denying its motion for a new trial after a verdict for $1,100 in favor of plaintiff. The doctrine of imputable negligence is based upon the relation or status of the parties with reference to whom it applies.

Action in the district court for Ramsey county by Merchants National Bank of St. Paul against the Allemania Bank of St. Paul and others, to have a trust declared in its favor on the funds in the hands of the receivers of the defendant bank. From a judgment entered in favor of the defendants pursuant to the findings and order of Bunn, J., plaintiff appealed.

Appeal by defendant from a judgment for $481.62 entered in the district court for Carlton county in favor of the plaintiff, as sheriff, pursuant to the findings and order of Morris, J.

Appeal by plaintiff from an order of the district court for Freeborn county, Whytock, J., denying its alternative motion for judgment notwithstanding the verdict or for a new trial, after a verdict for $220 in favor of the defendants.

Appeal by plaintiff from a judgment entered in the district court for Hennepin county in favor of defendants Charles M. Hanson and Albert C. Cobb, as assignees in insolvency of Austin F. Kelley, pursuant to the findings and order of Jamison, J.

Appeal by plaintiff, as administrator of the estate of Charles J. Lawton, deceased, from a judgment entered in the district court for Hennepin county in favor of the defendants, Charles M. Hanson and Albert C. Cobb, as assignees in insolvency of Austin F. Kelley, pursuant to the findings and order of Jamison, J.

Appeal by defendant W. J. Landon from an order of the district court for Winona county, Snow, J., overruling his demurrer to the complaint.

Gross appeals by the Mercantile National Bank of the City of New York, as claimant, and Angus R. Macfarlane, as receiver of the Security Bank of Dulutb, from a judgment entered in the district court for St. Louis county, pursuant to the findings and order of Moer, J., conditionally allowing claimant’s claim against the insolvent bank.

' Appeal by defendant from an order of the district court for Wright county, Russell, J., denying its motion for a new trial after a verdict for the plaintiff for $277.28.

Appeal by Joseph M. Davis, as assignee in insolvency of the estate of Jacob Skoll, from an order of the district court for Hennepin county, Russell, J., granting the application of the Swedish-American National Bank, a creditor of said insolvent, for the allowance to it out of the insolvent estate of the sum of $419.39 for its disbursements and legal expenses in conducting certain litigation in the insolvency proceedings.

Alternative writ of mandamus, on the relation of Frank M. Cady, to Charles E. Otis, as judge of the district court for Ramsey county, to compel him to settle and sign a certain proposed case.

Appeal by defendants from an order of the district court for Ramsey county, O. B. Lewis, J., overruling tbeir demurrer to the complaint.

The act of the state legislature by virtue of which the complainant seeks to enforce the construction of the connecting track and the interchange of traffic between the defendant railway companies is in violation of section 2 of article 1 of the constitution of the State of Minnesota, in that it deprives this defendant of its business and property and the right to contract in relation thereto; and it violates section 13 of article 1 of the constitution of said state, in that…

Appeal by defendant from an order of the district court for Norman county, Ives, J., denying his motion for a new trial after a verdict for the plaintiff for $35, by direction of the court.

Appeal by defendant from an order of the district court for Ramsey county, Otis, J., denying its motion for a new trial after findings and order for judgment in favor of plaintiff.