Volume 72 — Minnesota Reports

A motion having been made in the above entitled case, reported 71 Minn. 438, to remit without payment of costs, the following opinion was filed on April 16,1898:

Appeal by defendant in an action of ejectment brought against him by Edwin H. McHenry and another, as receivers of the Northern Pacific Railroad Company, from an order of the district court for Otter Tail county, Baxter, J., overruling his demurrer to the complaint.

<p>Judgment—Unauthorized Entry by Clerk—Remedy—Appeal.</p> <p>The decision on the former appeal, 66 Minn. 24, adhered to. Where the judgment entered by the clerk is unauthorized by the verdict, findings, or order of the court, the remedy is by application to the trial court to correct or vacate the judgment, and, unless such application has been made, this court will not consider the question on appeal.</p>

Appeal by defendant from an order of the district court for Carver county, Cadwell, J., denying its motion «for a new trial after a verdict for $520.40 in favor of plaintiff by direction of the court.

In the matter of the guardianship of Patrick Kelly, application was made by said Kelly in the probate court for Ramsey county for the allowance, out of the estate, of certain fees and expenses incurred by him in a previous proceeding for the discharge of the guardian and the restoration of the ward to capacity. The application was granted, and the order of allowance affirmed on appeal by the district court for Ramsey county.

Appeal by defendant from an order of the district court for Mower county, Whytock, J., denying its motion for a new trial after a verdict for $80 in favor of plaintiff.

<p>Insolvency — Preference — Fraudulent Conveyance — Action against Creditor Purchasing from Fraudulent Vendee—Rights of Assignee in Insolvency.</p> <p>On March 8, 1893, J. F. F., while heavily indebted to several persons, and being then insolvent, transferred a large stock of goods to his brother M. G. F., for the fraudulent purpose of avoiding the payment of the debts of the former, but not with the view to giving a preference to any of his creditors. Among these creditors were defendants, to whom he owed $1,518.22, and this debt M. G. F. paid in full, by turning over to them the entire stock of goods which he had purchased of J. F. F. Subsequently the plaintiff was duly appointed assignee of the estate of said J. F. F., and brought suit in replevin against defendants to recover the stock of goods so turned over to the defendants. Held, that he was not entitled to maintain such action.</p>

Appeal by Mary Kennedy from a judgment for $1,145.36 entered against her as garnishee in the district court for Hennepin county pursuant to the order of Russell, J.

Appeal by defendant from an order of the district court for Polk county, Ives, J., directing the issue of a peremptory writ of mandamus compelling him, as clerk of school district No. 218, Polk county, to approve the bond of relator as treasurer of the district.

Appeal by defendant from an order of the .district court for Brown county, Webber, J., denying its motion for a new trial after a verdict for $1,800 in favor of plaintiff.

<p>Railway—Killing of Cow at Crossing—Verdict Sustained by Evidence—Double Costs—G. S. 1894, \ 2694.</p> <p>Evidence considered and held sufficient to justify the verdict of the jury.</p>

Appeal by plaintiff from an order of the district court for St. Louis county, Cant, J., denying his motion for a new trial after findings and order for judgment in favor of defendant, as assignee in insolvency of the State Bank of Duluth.

Appeal by defendant from an order of the district court for Washington county, Williston, J., denying the motion of plaintiff, as administratrix of the estate of Nancy J. Loveridge, deceased, for a new trial.

Appeal by defendant from an order of the district court for Hennepin county, Elliott, J., denying its motion for a new trial on the ground of newly-discovered evidence.

Appeal by defendant from a judgment upon the pleadings in favor of plaintiff for $584.44, entered in the district court for Ramsey county pursuant to the order of Kelly, J.

Defendant appealed from a judgment entered in the district court for Norman county, pursuant to a verdict finding the defendant guilty, and to the findings and order of Ives, J., adjudging the defendant to be the father of a bastard child and charge'able with its support.

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

Appeal by plaintiff from an order of the district court for McLeod county, Cadwell, J., denying his alternative motion for judgment notwithstanding the verdict or for a new trial.

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

In proceedings in the district court for Ramsey county to enforce the payment of delinquent real-estate taxes for the year 1895, judgment upon the pleadings was ordered for the plaintiff against certain land owned by the Robert P. Lewis Company, and the case certified to the supreme court, by Willis, J.

Appeal by plaintiff, as administrator with the will annexed of the estate of Xaver Radi, deceased, from a judgment entered in the district court for Brown county in favor of the defendant pursuant to the findings and order of Webber, J.

Action in the municipal court of Duluth to recover $115.20, a balance claimed to be due for labor and material furnished by plaintiffs. From a judgment for $30.67 in favor of plaintiffs, entered pursuant to the findings and order of John H. Boyle, Special Judge, defendant appealed.

<p>Appeal by plaintiff from an order of the district court for Ramsey county, Willis, J., discharging the Germania Bank of St. Paul as garnishee.</p>

Appeal by plaintiffs from an order of the district court for Wilkin county, O. L. Brown, J., denying a motion for judgment in their favor.

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

Appeal by defendant from an order of the district court for Houston county, Whytock, J., denying a motion for a new trial. The order referred to in the opinion, which was sent to defendant’s station agent, Lyman, at Caledonia, was in the following form: “Lyman, I want to ship 2 cars pig tomorrow (30 ft.) 1-24-96. Answer. O. J. Weida.”

Appeal by defendant from a judgment of the district court for Goodhue county, in favor of plaintiff for $352.23, entered in pursuance of the findings and order of Williston, J.

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

Action in the district court for Otter Tail county to foreclose a mortgage. The facts are stated in the opinion. The court, Searle, J., found in favor of defendant, and from an order denying a motion for a new trial plaintiff appealed.

Appeal by defendant from a judgment of the district court for Scott county, in favor of plaintiff for $179.35, entered in pursuance of the order of Cadwell, J.

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

Appeal by plaintiff! from an order of the district court for Norman county, Ives, J., denying a motion for.a new trial. The tenth, eleventh, twelfth and thirteenth assignments of error referred to in the opinion were as follows: “10.

Appeal by defendants from an order of the district court for Rock county, P. E. Brown, J., sustaining the demurrers of plaintiff to the supplemental answers of defendants.

Appeal by respondent from an order of tbe district court for Ramsey county, Olin B. Lewis, J., granting a peremptory writ of mandamus.

Appeal by defendant from an order of the district court for Pine county, Williston, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $203.57.

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

Appeal by defendants from a judgment of the municipal court of Duluth, in favor of plaintiffs for $288.97, entered in pursuance of the findings and order of Edson, J. Most of the facts are stated in the opinion. The sheriff attached the logs, as mentioned in the opinion, on May 6, 1895, and notice of the levy was duly served on each of the defendants. The judgment in the action to foreclose Breault’s lien was entered April 21, 1897.

Appeal by plaintiff from a judgment of the district court for St. Louis county, in favor of defendant E. Grace Graves, entered in pursuance of the findings and order of Ensign, J.

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

Appeal by defendant from an order of the district court for Morrison county, Baxter, J., denying a motion for a new trial, after a verdict in favor of plaintiffs for $2,283.80.

Appeal by Frederick J.Will from an order of tbe district court for Ramsey county, Otis, J., directing that the final decree of distribution of the probate court for that county in the estate of Katherina Will be quashed. The facts are stated in the opinion.

<p>Amendment of Complaint—Bringing in Additional Defendant—Discretion—Statute of Limitations.</p> <p>Held, that the trial court did not abuse its discretion in denying the plaintiff’s motion to amend his complaint, and for leave to bring in a third party as defendant.</p>

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

<p>Action against Drawer of Check—Complaint Alleging Notice of Dishonor.</p> <p>While it is necessary, in action on a cheek against the drawer, to allege presentment of the check for payment, and its dishonor, it is not necessary to allege that notice of its dishonor was given to the defendant.</p>

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., denying motions for judgment notwithstanding the verdict and for a new trial, after a verdict in favor of plaintiff for $1,500. Remanded, with directions to enter judgment in favor of defendant notwithstanding the verdict. The map referred to in opinion will be found on the following page.

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

Action in the district court for Polk county against Jens Syverson, as principal, and Tom O. Sundet and Ole O. Sundet, as sureties, upon an administrator’s bond to recover from them $200, the amount of a preferred claim allowed plaintiff by the probate court of Polk county against the estate in which the bond was given. From an order of the district court, Ives, J., granting a motion for a new trial, after a verdict in favor of plaintiff for $205, plaintiff appealed.

Action in the district court for Watonwan county by the administratrix of Owen F. Fay, deceased, to recover $5,000 by reason of the death of her intestate while employed by defendant. The facts are stated in the opinion. From an order, Severance, J., denying a new trial, plaintiff appealed.

Action for specific performance of a contract for the sale of land and to determine the adverse interests of defendants therein. From a judgment in favor of plaintiff, entered in the district court for Kittson county pursuant to the findings and order of Ives, J., defendant Matilda Brenberg appealed.

Upon the petition of the relator, a resident and taxpayer of the county of Aitkin, the district court of that county granted him an alternative writ of mandamus requiring the county auditor of Aitkin county to place upon the tax list certain parcels of land described in the petition, to extend against such parcels their just proportion of taxes, and to cause the taxes to be collected, or to show cause why he had not done this.

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

Paul and denying the application of the city treasurer for judgment thereon, entered in pursuance of the decision and order of Bunn, J.

<p>Ejectment—Usury in Mortgage as Defense under General Denial— Evidence.</p> <p>In an action of ejectment where the complaint is in the usual form, merely averring ownership in fee in the plaintiff of the premises described, and that he is entitled to the possession, and that the defendant unlawfully withholds the same, evidence of usury in the consideration of a mortgage by virtue of which the plaintiff claimed title is admissible as a defense under the general issue.</p>

Action in the district court for Ramsey county by plaintiff, as substituted assignee of the estate of Henry M. Bristol and another, insolvents, against Alexander M. Peabody, the original assignee, and Charles E. Clarke and others, as executors of the will of Henry Hale, deceased.

Appeal by defendant from an order of the district court for Norman county, Ives, J., denying a motion for a new trial after a verdict in favor of plaintiff for $4,000.

Action in the district court for Goodhue county. The complaint alleged, among other things, that April 30, 1886, the city council of plaintiff city adopted an ordinance which included the following provisions, viz.: Sec. 2. “Whenever so required by resolution of the city council of said citjq it shall be the duty of every railroad company whose track crosses any street or road within the city limits to keep and employ a flagman at such particular street or road crossing as…

Appeal by plaintiffs from a judgment of the district court for Polk county, in favor of defendant, and reversing a judgment of a justice of the peace in favor of plaintiffs, entered in pursuance to the order of C. L. Brown, J.

Action of claim and delivery of personal property in the district court for Watonwan county. The case was tried before Severance, J., whose findings embraced the following facts: One Horton, on May 25, 1896, executed to plaintiff a chattel mortgage on the property described in the complaint, together with other property, to secure the payment of $1,000.

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

Appeal by defendant from a judgment of tlie district court for Ramsey county in favor of plaintiff, as the assignee of Frederick W. Faber, insolvent, entered pursuant to the findings and order of Bunn, J.

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

Appeal by Jessie Kelly, widow of Frank C. Kelly, deceased, from an order of the district court for Watonwan county, Severance, J., denying a motion to dismiss an appeal from the probate court of said county.

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

Appeal by Minneapolis & St. Louis Railroad Company, garnishee, from a judgment of the district court for Le Sueur county, in favor of plaintiff and against the garnishee, for $427.62, entered in pursuance of the order of Cadwell, J.

Action under Gr. S. 1894, §§ 5900, 5901, in the district court for Goodhue county. The case was tried upon issues arising between the intervening creditors of defendant bank and its stockholders before Crosby, J., whose findings of fact and conclusions of law are stated in the opinion. From an order denying a motion for a new trial, certain of the intervening creditors appealed.

Appeal by petitioner from an order of the district court for Hennepin county, Russell, J., denying a petition for an order directing defendant receiver to pay to petitioner-the sum of $1,192.86.

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

Appeal by defendant from an order of the district court for Ramsey county, Kelly, J., denying a motion for judgment notwithstanding a verdict in favor of plaintiff for $800 and denying a motion for a new trial.

Action by Russell Sage, as assignee in trust of the Hastings & Dakota Railway Company, in the district court for Chippewa county. From an order, Qvale, J., denying a motion for a new trial, plaintiff appealed.

Defendant was convicted in the district court for Chippewa county of embezzlement under the following indictment: “John J, Rue is accused by the grand jury of the county of Chippewa, in the state of Minnesota, by this indictment of the crime of grand larceny in the second degree committed as follows: The said John J. Rue did on the 16th day of January, A. D. 1896, at the town of Leenthrop, in said county of Chippewa and state of Minnesota, then and there being the agent,…

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

Action in the district court for St. Louis county by plaintiff on behalf of himself and all other creditors of the Duluth Dry Goods Company, under G. S. 1894, § 5905, against the Duluth Dry Goods Company and certain of its stockholders, to enforce the constitutional liability of stockholders to creditors.

Action in the district court for Ramsey county. The case came on for trial before Brill, J., and a jury. Whereupon, before the introduction of any evidence, the court granted defendant’s motion for judgment in its favor on the pleadings. From a judgment in favor of defendant, entered pursuant to said order, plaintiff appealed.

Petition in the matter of the assignment of Jacob Skoll, insolvent, in the district court for Hennepin county. The substance of the petition is stated in the opinion. Upon the filing of the petition, September 3, 1897, the court made an order that the assignee of the insolvent and all persons interested show cause why the petition should not be granted.

Appeals by William J. Hahn, as receiver in the above entitled action, and John W. Arctander, as attorney of said receiver, from an order and supplemental order of the district court for Hennepin county, Smith, Simpson and Lancaster, JJ., made respectively on January 3, and January 13, 1898, on the hearing of the receiver’s account and report, disallowing in part the claim and account of said attorney, and more particularly the first, second, third, fourth, fifth, sixth,…

Action by John Bruggemann, as special administrator of the estate of Martin Bruggemann, deceased, in the district court for Ramsey county. From an order, Brill, J., denying a motion for a new trial, defendant appealed.

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

<p>Appeal by defendant from a judgment of the municipal court of St. Paul, entered pursuant to the order of Orr, J.</p>

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

Appeal by defendant from an order of the district court for Hennepin county, Jamison, J., denying an alternative motion for judgment notwithstanding a verdict for $6,600 or for a. new trial.

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

Appeal by defendant F. J. Porter and others from an order of the district court for Nobles county, P. E. Brown, J., denying a motion for a new trial. The facts are stated in the opinion.

Action in the district court for Ramsey county to recover $1,920.64, the amount paid by plaintiff for the loss by fire of 750 sacks of flour covered by its policy of insurance. The other facts are stated in the opinion. The case was tried before Kelly, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by Freeman P. Strong and others, stockholders of defendant corporation, from an order of the district court for Hennepin county, Bussell, J., denying their application for leave to file a complaint in intervention and to become parties defendant. The nature of the action is stated in the opinion.

<p>Appeal by plaintiff from an order of the district court for Hennepin county, Simpson, J., discharging Mississippi & Bum Biver Boom Company, as garnishee.</p>

Appeal by plaintiff from an order of the district court for Bamsey county, Kelly, J., deling- a motion for judgment in her favor on the findings and that the court determine the damages to which she was entitled, and denying a motion for a new trial.

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

Appeal by defendant from a judgment of the district court for Ramsey county, in favor of plaintiff, for $619.06, entered in pursuance of the findings and order of O. B. Lewis, J.

Appeal by defendant from a judgment of the district court for Hennepin county, adjudging that plaintiff recover of Commercial Union'Assurance Company (Limited) of London, garnishee, the sum of $800, entered in pursuance of the order of Simpson, J.

Appeal by plaintiff from an order of the district court for Norman county, Ives, J., opening a judgment in plaintiff’s favor for $495.20, and allowing defendant to answer.

<p>Use and Occupation—Waiver of Trespass.</p> <p>The owner of real estate cannot waive the tort, and sue a trespasser on contract for the value of the use of the premises, as if he were a tenant.</p> <p>Contract for Sale of Land—Action by Vendee for Breach—Counterclaim.</p> <p>In an action by the vendee against the vendor for damages for breach of the executory contract of sale, in being wrongfully ousted from the possession'of the premises by the vendor, the defendant set up in his answer a counterclaim for the value of the use of the land for a period of time prior to the making of the contract, during which time the vendee wrongfully entered upon and occupied the land. Eeld not a proper counterclaim.</p>

Action in'the district court for St. Louis county against B. B. Richards Lumber Company and Duluth Trust Company, assignee for the benefit of creditors of the lumber company. From an order, Cant, J., denying a motion for a new trial, and also from a judgment in favor of plaintiff, defendant trust company appealed.

On May 19, 1898, Taylor Crum appeared before the State Board of Examiners in Law and made application for admission to practice as an attorney in the courts of Minnesota, presenting a certificate showing he had been a practicing attorney in North Dakota for more than five years.

<p>Appeal by defendant from a judgment of the district court for Pine county.</p>

Appeals by plaintiff from an order of tbe district court for St. Louis county, Moer, J., sustaining tbe demurrer of defendant Pioneer Fuel Company to tbe complaint, and from a judgment in favor of said defendant.

Appeal by defendants from an order of tbe district court for Pine county, Williston, J., overruling defendants’ demurrer to the complaint. Tbe fourth paragraph of tbe complaint, referred to in tbe opinion, was as follows: “Fourth: This plaintiff further alleges that on tbe first day of April, 1896, a warrant for tbe collection of said tax was placed in tbe bands of tbe sheriff of said Pine county, tbe above-named defendant James McLaughlin.

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

Appeal by plaintiffs from an'order of the district court for Itasca county, Holland, J., denying motions to amend the findings, for a new trial, and for judgment in favor of plaintiffs.

Appeal by plaintiff! from an order of the district court for Polk county, Ives, J., denying a motion for a new trial, after a verdict in favor of defendants, directed by the court.

Action in the district court for Hennepin county by plaintiff, as judgment creditor of Fisher Specialty Manufacturing Company, a corporation, in behalf of itself and other creditors, against the corporation and its stockholders to recover upon their statutory liability. From an order, Johnson, J., overruling their demurrer to the complaint, certain stockholders appealed.

Action begun in justice court to recover $52.32 for necessaries furnished defendant’s wife and minor children. Plaintiff recovered in that court a judgment for $23.39, and an appeal was taken to the district court for Hennepin county, where the case was tried without a jury before Simpson, J., who found in favor of plaintiff! for the amount claimed. From an order denying a motion for a new trial defendant appealed.

Appeal by relator, administrator of the estate of Daniel B. Smith, deceased, from an order of the district court for Mower county, Whytock, J., quashing a writ of certiorari issued out of that court to the probate court of that county, and affirming an order of the probate court allowing the amendment of a claim.

Appeal by defendant from a judgment of the district court for Hennepin county, in favor of plaintiff for $1,515.16, after a trial before Jamison, J., and a jury.

Action by one of the special administrators of the estate of Knute Johnson in the district court for Polk county for cancellation of certain deeds. The case was tried before Ives, J., and a jury. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

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

Appeal by defendant Jones from a judgment of the municipal court of Duluth, in favor of plaintiffs, directing restitution of the premises to them, entered in pursuance of the findings and order of Edson, J.

Appeal by defendant from orders of the district court for Ramsey county, O. B. Lewis, J., denying its motion for judgment notwithstanding the verdict or for a new trial.

Appeal by Andreas Ueland, as receiver of Washington Bank, from an order of tbe district court for Hennepin county, Johnson, J., all-owing a claim for $11,422 against the estate of said bank in favor of William N. Cumbey, as assignee of Weitzner, Gruenberg & Co., insolvents.

Appeal by defendant from an order of the district court for Faribault county, Quinn, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $312.55.

Appeal by plaintiff from an order of the district court for Wilkin county, O. L. Brown, J., denying a motion for judgment notwithstanding the verdict, or for a new trial.

Appeal by plaintiffs from an order of the district court for Hennepin county, Simpson, J., sustaining the separate demurrers of defendants Busch and Anheuser-Busch Brewing Association to the complaint.

Appeal by defendant from an order of the district court for Hennepin county, Tarbox, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $2,000.

<p>Defective Plat—Dedication of Street.</p> <p>The rule applied that the streets on a defective plat may be dedicated to the public by conveyances made of lots according to the plat.</p> <p>Same—Description—Location by Extrinsic Evidence.</p> <p>Held, the plat was not so defective in description that it could not, with competent extrinsic evidence, be located on the ground.</p> <p>Legal Title by Estoppel—Pleading.</p> <p>Held, a legal title by estoppel is not a mere equity which must be specially pleaded.</p> <p>Taxes—Public Street—Void Judgment.</p> <p>Held, under G. S. 1894, § 1582, a tax judgment for taxes attempted to be assessed on-a part of a public street is void for want of jurisdiction.</p> <p>Same—Taxpayers.</p> <p>Held, it sufficiently appears that the intervenors are taxpayers.</p> <p>Trial—Change of Theory—Surprise—Order for Judgment.</p> <p>The case was tried on one theory, and judgment ordered for plaintiff. Held, on the conceded facts, the court was warranted in holding that plaintiff was not taken by surprise when, on a different theory, the court changed its order for judgment, and ordered that plaintiff take nothing by the action.</p> <p>Vacation of Street—Special Injury—Estoppel by Judgment—Damages for Condemnation—Right of Taxpayer to Prevent Payment.</p> <p>Held, the intervenor S. is specially injured by the attempt made, through an action in ejectment against the city, to vacate 30 feet in width of the street in front of the lot adjoining hers. S. is therefore not estopped by the judgment against the city in that action, and may, as a general taxpayer, prevent the taking of money out of the city treasury to pay damages awarded for the 30 feet in condemnation proceedings instituted after such judgment.</p> <p>Wo Error in Denying Wew Trial—Events since First Trial.</p> <p>Held, the court did not, because of certain facts occurring since the trial, err in denying a new trial.</p>

Sabina J. Cooley, George G. Cooley and Julius Leopold were indicted for the crime of unlawfully selling intoxicating liquor. Upon their arraignment before the district court for Jackson county, they moved to set aside the indictment because it “was not found, indorsed and presented as prescribed in the chapter relating to grand juries” in the details specified in the opinion. The motion was overruled, Quinn, J., and the case certified to this court.

Appeal by Victor J. Welch, assignee of The Dickinson Company, insolvent, from an order of the district court for Hennepin county, Simpson, J., denying a motion for a new trial and refusing to set aside a decision of the court, Russell, J., allowing the claim of Elias Fitter ling against the estate of the insolvent for $5,672.98 and interest.

Action in the district court for Hennepin county against A. W. Hastings, as treasurer, C. R. Cooley, as auditor, of said county, and C. W. Weeks to recover the sum of $790.03 paid by plaintiff to defendant Hastings to redeem from a tax sale. The case was tried before McGee, J., who found in favor of plaintiff.

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

Information in the nature of quo warranto in the district court for Hennepin county to oust Sven Oftedal, Olaf Hoff, Ole Paulson, Theodor Helgeson and Andrew Knutson from the offices of trustees of a corporation called the Augsburg Seminary and to induct relators into said offices. The case was tried before Russell, J., who found and ordered judgment in favor of relators. From an order, McGee, J., denying a motion for a new trial, respondents appealed.

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

Proceedings in the district court for Itasca county to enforce payment of taxes for the year 1894. Judgment in favor of the state having been entered in accordance with the mandate of this court, pursuant to the decision reported in 68 Minn. 358, at the request of defendants the case was certified to this court.

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

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

Writ of habeas corpus issued from the district court for Winona county, and directed to the chief of police of Winona. From an order, Snow, J., remanding relator to the custody of respondent, relator appealed.

Appeal by defendant from an order of tbe district court for Anoka county, Tarbox, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $150.

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

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