Volume 76 — Minnesota Reports

Appeal by defendants Alfred Olson, J. A. Sederberg and Julius EL Shaw from an order of tbe district court for Hennepin county, Simpson, J., overruling their demurrer to the complaint. Plaintiff can recover, if at all, only on the theory that the entire penalty accrued to it at once on a single violation of its ordinance “relating to the licensing of the sale of intoxicating liquors,” for otherwise damages must be alleged. 4 Am. & Eng. Enc. (2d Ed.) 698; 3 Enc. Pl. & Pr. 648.

Appeal by plaintiff from an order of the district court for Ramsey county, Bunn, J., denying a motion to set aside the conclusions of law made by the court and for judgment in favor of plaintiff notwithstanding such conclusions.

Action in the municipal court of Minneapolis against William B. Brady and Sarah R. Brady, defendants, and Willard W. Morse, doing business as Security Warehouse Company, garnishee. Upon issues between plaintiff and its garnishee the court, W. A. Kerr, J., ordered judgment in favor of plaintiff, and from an order denying a motion for a new trial, the garnishee appealed.

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

Proceeding in the nature of quo warranto in the district court for Polk county to test the validity of the incorporation of defendant city and the right of defendants Chase L. Dobner and others to hold the offices of mayor, aldermen and treasurer thereof respectively. The cause was referred by the court, Ives, J., to Adolph C. Wilkinson, Esq., to hear and determine the issues. From his order, sustaining a demurrer to the petition and information, relator appealed.

Appeal by F. M. Barrett, garnishee in the'above entitled action, from a judgment and from.an order of the district court for Traverse county.

Action in the district court for Goodhue county to recover $1,000, damages for personal injury. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for $90. From an order denying a motion for a new trial, defendant appealed.

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

Action in the district court for Ramsey county by the administrator of the estate of Roman Kranc, deceased, to recover $5,000 damages on account of the death of decedent. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. Afterwards the court made an order granting defendant’s motion for judgment in its favor notwithstanding the verdict, and from a judgment entered pursuant thereto, plaintiff appealed.

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

Appeal by defendant from an order of the district court for Mar-' tin county, Quinn, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $40.15.

Appeal by plaintiff from a judgment of the district court for Kandiyohi county in favor of defendant, entered in pursuance of the findings and order of Qvale, J., upon stipulated facts. A chattel mortgage of a crop to be grown is valid, and the lien attaches as soon as the crop comes into existence. Minn.

Appeal by plaintiff from a judgment of the municipal court of Duluth, in favor of defendants, entered pursuant to the findings and order of Gearhart, Special Judge.

Action in the municipal court of St. Paul for goods sold and delivered. The cause was. tried before Hiñe, J., who ordered judgment in favor of plaintiffs for $193.38) and from an order denying a motion for a new trial, defendants appealed.

<p>Appeal by defendants from an order of the municipal court of Minneapolis, Holt, J., denying a motion for a new trial.</p>

Appeal by plaintiff from a judgment of tbe district court for Hennepin county, in favor of defendant, in wbicb its. costs and disbursements were taxed in tbe sum of $245.23, pursuant to tbe allowance of McGee, J.

<p>Appeal by plaintiff from an order of the district court for Nobles county, P. E. Brown, J., dissolving an attachment.</p>

Petition by James H. Duryea, defeated candidate for the office of alderman for the tenth ward of the city of Minneapolis, to the district court for Hennepin county, praying for the appointment of three persons to recount the ballots cast at the election. From an order, Lancaster, J., denying the application of petitioner for the relief prayed for, petitioner appealed.

Action in the district court for Scott county to recover $5,000 damages for injury to plaintiff’s minor son resulting from the bite of a vicious dog. The case was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff for $175. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Mille Lacs county against A. T. Townsend, Grant McClure, Ida Townsend, and the Village of Milaca to recover $15,800 damages for injuries sustained by plaintiff by reason of the falling of a ladder then standing in the street of defendant village of Milaca, and resting against the building of the other defendants.

Writ of quo warranto isssued from the supreme court against the village of Reads, Albert Gauger and others, requiring respondents to show by what right they claimed to exercise the franchises and rights of such municipal corporation and the rights, powers, and duties of the offices of trustees of said village, and why they should not be decreed to have usurped said franchises and offices, and why said corporation should not be annulled.

Action in the district court for Watonwan county. The complaint alleged that defendant unlawfully broke and entered upon plaintiffs’ land, erected thereon two barb-wire fences, interfered with the cultivation of the land, and did other acts to the injury of plaintiffs, for which they demanded damages in the sum of $70. The cause was tried before Severance, J., who found in favor of plaintiffs, and ordered judgment in their favor for two dollars and costs.

Action in the district court for Grant county to recover $90 for services performed and money expended for defendant. The case was tried before C. L. Brown, J., and a jury, which rendered a verdict in favor of plaintiff for $-10; and from an order denying a motion for a new trial, defendant appealed. The contract being void, suit may be maintained on a quantum meruit. 3 Am. & Eng. Enc. 86; Gammons v. Johnson, 69 Minn. 488; King v. Brown, 2 Hill, 485.

Action in the district court for Ramsey county to recover $5,000' damages for libel. From an order, Bunn, J., overruling a demurrer to the complaint, defendant appealed. The meaning of the words cannot be enlarged by innuendo. Van Vechten v. Hopkins, 5 Johns. 211; Fry v. Bennett, 5 Sandf. 54. It is for the court to decide in the first instance whether the words are susceptible of the alleged innuendo. Woodruff v. Bradstreet, 116 N. Y. 217; Greenwood v. Cobbey, 26 Neb. 449.

Action in the district court for Le Sueur county by the administratrix of the estate of James F. Keegan, deceased, to recover $5,000 damages on account of his death. The case was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff in the amount demanded; and from an order denying a motion for a new trial, defendant appealed.

In proceedings in the district court for St. Louis county for collection of personal property taxes delinquent March 1, 1896, answers and objections were filed by the above-named defendants.

Appeal by plaintiff from an order of the district court for Jackson county, Quinn, J., denying a motion for appointment of a receiver of defendant’s nonexempt property.

Appeal by plaintiff from an order of tbe district court for Ramsey county, Kelly, J., auditing and allowing tbe account of J. Powell Moore, receiver, and surcharging the same by striking out certain items, and directing the receiver to pay to defendant Cady the sum of $77.66. The district court is a court of original equity jurisdiction, having all the power and authority formerly vested in courts of chancery.

Petition in the district court for Anoka county by Foley-Bean Lumber Company for the appointment of a receiver of the property of E. P. Sawyer, insolvent. From an order, Tarbox, J., appointing such receiver, the insolvent appealed. From the time of the passage of the national bankruptcy act, all state laws concerning persons and cases within the purview of the act were suspended. Sturges v. Crowninshield, 4 Wheat. 122; Ogden v. Saunders, 12 Wheat. 213; In re Reynolds, Fed.

Action in the district court for Rice county on a promissory note for $275. The court, Buckham, J., made an order granting a motion for judgment on the pleadings in favor of plaintiff for the recovery of $132.68 and interest; and from a judgment entered in pursuance thereof, defendant William C. Deike appealed.

Action in the district court for Ramsey county to recover $26,000 damages for personal injuries. The case was tried before Brill, J., and a jury, which rendered a verdict in favor, of plaintiff for $2,500. A motion for judgment in favor of defendant notwithstanding the verdict, or for a new trial, was denied; and from a judgment entered in pursuance of the .verdict, defendant appealed.

Appeal by defendants from an order of the district court for Goodhue county, Crosby, J., denying a motion for a new trial, after a verdict in favor of plaintiff for $150.

Action appealed from justice court to the district court for Clay county to recover upon a promissory note for |33.50. The case was tried before Baxter, J., who found in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed.

Writ of certiorari from the district court for Bamsey county to the probate court of that county, and Paul Hauser, Jr., as administrator of the estate of William Banholzer, deceased, to review an order of the probate court, Willrich, J. The case was tried before Kelly, J., who ordered judgment in part affirming, and in part reversing, the order sought to be reviewed; and from a judgment entered in pursuance of the order of the district court, respondents appealed.

Action in the district court for Hennepin county to recover $316.68 damages, by reason of defendant’s negligence in failing to collect a check for that amount.

Action in the district court for Clay county by the administrator of the estate of Henry Gowenlock, deceased, to recover $5,000 damages on account of the death of decedent. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for the amount demanded; and from an order denying a motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $20,-000 damages for personal injuries. The case was tried before Elliott, J., and a jury, which rendered a verdict in favor of plaintiff for $6,000. From an order denying a motion for judgment, notwithstanding the verdict, or for a new trial, defendant appealed.

Proceedings in the district court for Stearns county to collect delinquent personal property taxes for 1897 against defendant. amounting, with penalties, to $1,089.

Action in the district court for Wright county to recover $5,000 damages by reason of the ejectment of plaintiff from defendant’s train. The court, Tarbox, J., directed a verdict in favor of defendant, and from an order denying a motion for a new trial, plaintiff appealed.

Three actions in tbe district court for Hennepin county on promissory notes, aggregating $1,735 in amount, purporting to have been executed by defendant Sibley by “Jesse G. Jones, Manager,” to tbe order of defendant Broberg and to have been by him transferred before maturity for value, without notice, and in tbe ordinary course of business to plaintiffs.

<p>Master and Servant — Negligence of Master — Furnishing Instruction and Safe Place to Work.</p> <p>Upon the undisputed evidence in this case, held, that the defendant was not negligent in failing to furnish the plaintiff a safe place in which to work, or in failing to warn and instruct him as to the safe and proper way of executing the work.</p> <p>Policy of Indemnity Insurance and Defense by Insurer not Evidence of Admission of Negligence.</p> <p>The fact that the master holds an indemnity policy insuring him against liability on account of injuries to his employees by his negligence, and requiring the company to defend an action against him on account of such injuries, and it does so, is not evidence tending to show an admission of negligence on the part of the insured or insurer.</p>

Action in the district court for McLeod county to recover a deficiency of $1,087.35 on a promissory note. The court, Cadwell, J., directed a verdict in favor of plainliff, and from an order denying a motion for a new trial, defendant E. A. Child appealed.

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

Action in the district court for Hennepin county by the administrator of the estate of Theodore Gill, deceased, to recover a balance of $158 due on a promissory note executed by defendants George Stoeckele and Rose Stoeckele to the order of defendant J. M. Davis and by him indorsed and transferred to decedent.

Action in tbe district court for Hennepin county by Richard W. Hale and Henry W. Bullard, as trustees of tbe estate of Alfred W. Haven, for tbe cancellation of a certain agreement or release, and for tbe recovery óf judgment against defendant David C. Bell Investment Company for $449 and interest. From an order, Lancaster, J., denying tbe application of said defendant for leave to file an answer, said defendant appealed.

Action in the district court for Clay county against Martha H. Cross and William J. Bodkin, sheriff of said county, praying for an injunction restraining defendants from selling the mortgaged premises. The case was tried before Searle, J., who found in favor of plaintiff; and from an order denying a motion for a new trial, defendant Cross appealed.

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

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

Appeal by plaintiff from an order of the district court for Chippewa county, Powers, J., ordering the clerk to pay to defendant, out of moneys paid into court by plaintiff, $845.22 and interest.

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

Appeal by plaintiff from an order of the district court for Carver county, Cadwell, J., denying a motion for a new trial. The defendant also appealed from an order settling plaintiff’s bill of exceptions.

Defendant was indicted in the district court for Olmsted county for forgery in the second degree, and demurred to the indictment on the grounds: (1) That the same did not state or specify any act or acts constituting the crime of forgery; (2) that the same did not state the alleged forged promissory note, alleged to have been uttered and disposed of, to be in writing; (3) that the same did not state any fact or facts constituting the crime of forgery; (4) that more than one…

Defendant was indicted in the district court for Olmsted county for forgery in the second degree, and demurred to the indictment on the grounds: (1) That the same did not state or specify any act or acts of defendant constituting the crime of forgery; (2) that the same did not state that the promissory note, therein alleged to be forged, was in writing; (3) that the same did not state any act or acts constituting the crime of forgery in any degree; and (4) that the facts…

Action in the district court for Otter Tail county by the administrator de bonis non with the will annexed of Stella A. Shields, deceased, to foreclose a mortgage. The case was tried before Baxter, J., who found in favor of defendants; and from a judgment entered in pursuance of the findings, plaintiff appealed.

Action in the district court for Ramsey county to recover $2,500 upon a contract of indemnity. The court, Otis, J., directed a verdict in favor of defendant. From an order denying a motion for a new trial plaintiffs appealed.

Appeal by plaintiff from an order of the district court for Martin county, Quinn, J., overruling a demurrer to the answer.

Action in the district court for Hennepin county by plaintiff, as assignee of Betty Weitzner, Dora Gruenberg and Charlotte Gruenberg, partners as Weitzner, Gruenberg & Co., to recover possession of certain cases and boxes of merchandise or for judgment for $16,144.71, the alleged value, and $3,000 damages for the detention thereof.

The probate court for Fillmore county, Farrington, J., made an order admitting to probate the will of Ezekiel Thomas, deceased, proposed by Edward Thomas, from which order Hiram M. Thomas and Gabrilla Colburn, who had filed objections to the allowance of the will, appealed to the district court of said county.

Action in justice court to recover $24.75 for goods alleged to have been sold and delivered at Moorhead, Minnesota. From a judgment rendered in favor of plaintiff, defendant appealed to the district court for Clay county. The case was there tried before Baxter, J., who found in favor of plaintiff; and from a judgment entered in pursuance of the findings, against defendant and one Clendenning, the surety on his appeal bond, defendant and Clendenning appealed.

Action in the district court for Anoka county to recover $2,100 damages for overflowing plaintiff’s land. The case was tried before Tarbox, J., and a jury, which rendered a verdict in favor of plaintiff for $676.54; and from a judgment entered in pursuance of the verdict, defendant appealed. The measure of damages for injury to the meadow land was the difference between its value before and after the injury. Ward v. Chicago, M. & St. P. Ry. Co., 61 Minn. 449.

Action in the municipal court of Minneapolis to recover $91.68, the amount of taxes alleged to have been paid under duress. From an order, Holt, J., overruling a-demurrer to the complaint, defendant appealed. A voluntary payment of an illegal and void tax cannot be recovered.

Action in the district court for Nobles county to recover possession of a promissory note for $500. The case was tried before P. E. Brown, J., and a jury, which was directed to return a verdict in favor of plaintiff. ' From an order denying a motion for a new trial, defendant appealed. The foreign statute should have been pleaded. Myers v. Chicago, St. P., M. & O. Ry. Co., 69 Minn. 476; 9 Enc.

Appeal by defendant Catherine J. Van Riper from an order of the district court for Hennepin county, Lancaster, J., denying her motion to vacate part of the final decree and to set aside the execution issued thereunder.

Action in the district court for Clay county by plaintiff as administrator of the estate of Mathias EL Sieber, deceased, to recover $5,000 damages resulting from decedent’s death. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $3,000. From an order denying a motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed.

Action in the district court for Stearns county by the administratrix of the estate of Archie Guthrie, deceased, to recover $5,000 damages resulting from the death of decedent. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff in the amount demanded. From an order denying a motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $2,500 upon a policy of insurance issued by defendant to C. M. Hill Lumber Company. From an order, Ensign, J., overruling a demurrer to the complaint, defendant appealed.

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

Appeal by Nicholas Dressen from an order of the district court for Nicollet county, Webber, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

Action in the district court for Ramsey county for divorce. The case was tried before O. B. Lewis, J., who found in favor of plaintiff; and from an order denying a motion for a new trial, defendant appealed.

Petition in the district court for Scott county to condemn a right of way over land of Anna M. Nicolin and Henry Nicolin, her husband. From an order, Cadwell, J., granting a motion to dismiss the petition, petitioner appealed. Counsel cited Weir v. St. Paul, S. & T. F. R. Co., 18 Minn. 139 (155); In re New York, 77 N. Y. 248; New York v. Metropolitan, 63 N. Y. 326; Getz’s Appeal, 3 Am. & Eng. Ry.

Action in the district court for Stearns county by plaintiff in behalf of his infant daughter to recover $20,000 damages for personal injuries sustained by her by defendant’s negligence. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff for $12,000. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Stevens county to set aside the foreclosure of a mortgage as in fraud of the mortgagor’s creditors, and to have plaintiff’s judgment declared to be still a lien on the mortgaged premises. The case was tried before C. L. Brown, J., who found in favor of defendant, and from a judgment entered pursuant to the findings and order for judgment, plaintiff appealed.

Action in the district court for Crow Wing county for breach of contract. At the close of the testimony the court, Holland, J., granted defendant’s motion to dismiss the action on the ground that plaintiff had not made out a cause of action. From a judgment in favor of defendant, entered pursuant to the order of dismissal, plaintiff appealed.

In the matter of the guardianship of Bridget E. McCloskey, incompetent, the probate court for Ramsey county, Willrich, J., made an order removing Mary Plantz, as guardian, and requiring her to file her final account; and from this order she appealed to the district court for said county.

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

Action in the district court for St. Louis county by plaintiff as judgment creditor of defendant corporation, on behalf of himself and other creditors, to enforce the constitutional liability of defendant stockholders. Watson S. Moore, one of defendant stockholders, answered and set up certain counterclaims as stated in the opinion.

<p>Bond — Principal and Sureties — Complaint Good upon Demurrer.</p> <p>Held, in an action upon a bond against the principal obligor and his sureties, that facts sufficient to constitute a cause of action against the sureties were stated in the complaint.</p>

Petitions in the district court for Martin and Jackson counties by Northwestern Telephone Exchange Company to condemn and acquire right of way for the erection of its lines of poles and wires over certain lands in said counties, including lands acquired by defendant railway company for its right of way.

Action in the district court for Brown county by the administrator of the estate of Clara Kalz, deceased, to recover $5,000 damages on' account of the death of decedent. The case was tried before Webber, J., and a jury, which rendered a verdict in favor of plaintiff for $1,250. Upon defendant’s alternative motion for judgment notwithstanding tbe verdict or for a new trial, the court made an ■order denying judgment and granting a new trial.

Action in the district court for Ramsey county by the administrator of Lena E. Watson, deceased, to recover $5,000 damages on account of the death of decedent. The case was tried before Brill, J., who found in favor of plaintiff, and assessed the damages at $1,000. From a judgment entered pursuant to the findings, defendant appealed. It was error to exclude the deposition. Mabe v. Mabe, 122 N. C. 552; Wertz v. May, 21 Pa.

Action in the municipal court of St. Paul to recover $75, being one month’s rent under a lease executed by plaintiff to Oscar L. Pherson and Andrew A. Clauson, doing business as the Pherson Furniture Co., which, the complaint alleged, they entered into for the use and benefit, and as agents, of defendant. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff in the amount demanded.

From an order of the district court for Hennepin county, McGee, J., denying a motion for a new trial, plaintiff appealed.

The board of county commissioners for Ramsey county disallowed a claim of plaintiff, for services performed by him as sheriff' of that county, for $6,271.45, and he appealed to the district court for that county from such disallowance. That court, O. B. Lewis, J., ordered judgment in his favor for the sum of $39.30, and from a. judgment entered pursuant to such order, he appealed.

Action in the district court for Polk county to recover f500 damages. From an order, Watts, J., sustaining a demurrer to the complaint, plaintiff appealed. If the negligence of a carrier places a passenger in a position of such imminent peril as to cause fright and the.fright causes nervous convulsions and illness, the negligence is the proximate cause of the injury, and the injury is one for which an action may be brought. Purcell v. St. Paul City Ry. Co., 48 Minn. 134.

Action in the municipal court of Minneapolis to recover $20.53 paid on account of an illegal tax. From an order overruling a demurrer to the complaint, defendant appealed.

Action in the district court for Hennepin county to recover $445.16 on a policy of insurance. The court, Johnson, J., made an order granting defendant’s motion for judgment on the pleadings against defendant and in favor of plaintiff for $40, without costs. From the judgment entered pursuant to the order, plaintiff appealed.

Action in the district court for Bamsey county to foreclose- a mortgage for $40,000 executed by Oscar L. Taylor and Nora W. Taylor, his wife. From a judgment in favor of plaintiff, entered pursuant to the findings and order of Kelly, J., defendant mortgagors appealed.

Action in the district court for Ramsey county to recover $653.41 on a bond executed by defendant Watson as principal and by defendants Haag and Reese as sureties. The case was tried before Willis, J., who directed a verdict in favor of plaintiff for $304.47 as against defendant Watson, and for $279.97 as against defendant sureties. From an order denying a motion for a new trial, defendant Haag appealed.

Appeal by plaintiff from an order of the district court for Sherburne county, Elliott, acting judge, dismissing a motion for a new trial.

Appeal by plaintiff and certain defendants from an order of the district court for Martin county, Quinn, J., denying a motion for' a new trial.

Appeal by defendant from, a judgment of the district court for Big Stone county in favor of plaintiffs, entered pursuant to the findings and order of C. L. Brown, J.

<p>Title.</p> <p>Eeld, by.the chain of conveyances proved on the trial, the title to the land in controversy is in plaintiff.</p> <p>Plat — Public Slip — Boundary of Lots not Extended across Street.</p> <p>Two blocks of land were platted with a street between them; nearly all (but not all) of one block up to the line of the street being in shoal water, part of the Bay of Superior. Thereafter the latter block was dredged out deep enough to float vessels, and the public acquired by prescription a right to use that block as a public slip. Eeld, the platted lots in the other block, fronting on the street, extended to the middle line of the street, and their boundaries were not extended across'the street to the public slip because the public acquired the slip.</p> <p>Adverse Possession — Title and Possession.</p> <p>Defendant claims title to the strips of land in question by reason of 15 years’ continuous adverse possession in its grantors in connection with the adjoining land. The adjoining land was conveyed to defendant, but it never received a conveyance of said strips, and never was in possession of them. Eeld, it proved no title to them.</p> <p>Unoccupied Land — Evidence.</p> <p>Eeld, the evidence warranted a finding that the land in controversy was unoccupied at the time of the commencement of the action.</p> <p>Identification.</p> <p>Held, the evidence sufficiently identifies the land covered by a certain plat.</p> <p>Certified Copy — Objection Insufficient.</p> <p>An objection that a certified copy of a will offered in evidence is incompetent, irrelevant, and immaterial is not sufficient to raise the point that the certificate of probate is not in proper form.</p> <p>Map and Photograph as Evidence.</p> <p>Held, certain maps and photographs of the locality were made competent evidence by witnesses who testified that they were correct representations of the place.</p> <p>Government Survey.</p> <p>Held, a certain line in a government survey was sufficiently identified.</p>

Action in the district court for Hennepin county to determine adverse claims to real estate. The case was tried before Harrison, J., who found that defendant had a lien on the premises by virtue of the mortgage referred to in the opinion for $1,000 and no more, and that plaintiff was seised of the premises in fee subject only to said lien. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Kandiyohi county to foreclose a mortgage. The case was tried before Powers, J., who found in favor of defendant Robbins. From a judgment entered pursuant to the findings, plaintiffs appealed.

Action in the municipal court of St. Paul to recover $140 on an insurance policy. The case was tried before Hiñe, J., who found in favor of plaintiff in the sum of $130.50. From an order denying a motion for a new trial, defendant appealed.

<p>Action .in the municipal court of St. Paul to recover $360 damages-for negligence in handling a consignment of apples. The case was-tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiffs for $103.64. Afterwards the court made an order-granting a motion for judgment in favor of defendant notwithstanding the verdict; and from a judgment entered pursuant to the-order, plaintiffs appealed.</p>

In proceedings in tbe district court for Ramsey county to collect taxes for personal property tbe St. Paul Trust Company interposed an answer. Tbe case was tried before Bunn, J., wbo found in favor of plaintiff in tbe sum of $2,047.52, and certified tbe case to tbe supreme court for its decision on the points stated in tbe opinion.

Action in the district court for Big Stone county to recover $1,496.54, being the balance alleged to be due on the contract price of an electric lighting plant. The case was tried before C. L. Brown, J., and a jury, which rendered a verdict in favor of plaintiffs ; and from an order granting a motion for a new trial, plaintiffs appealed.

Action begun in 1894 in the district court for Blue Earth county to recover $298.72 for materials furnished for the construction of a dwelling house, under a contract made in 1893 with defendant Kotthoff, and to enforce a mechanic’s lien for that amount. The case was tried before Severance, J., who made findings of fact and, as conclusions of law, found that plaintiff was entitled to judgment against defendant Kotthoff for $394.63, but was not entitled to a lien.

Action in the district court for Clay county to recover $1,137.50, and interest, on two promissory notes. The case was tried before Ives, J., who directed a verdict in favor of plaintiff in the amount demanded, and a formal verdict was made out by the jury for $1,262. Afterwards defendants made a motion for a new trial, which was denied, and judgment was entered in favor of plaintiff for $1,611.75, and for costs and disbursements.

Action in the district court for Hennepin county against defendant as assignee of The Dickinson Company, an insolvent corporation, to recover $445.32 rent for the use by him, as assignee, of premises formerly occupied by the insolvent. The case was tried before Johnson, J., who found in favor of plaintiff in the sum of $366.72; and from an order denying a motion for a new trial, defendant appealed.

Action in the district court for Faribault county to recover $265.-80, being the amount paid by plaintiff to the Peavey Elevator Company, defendant’s employer, on account of an alleged shortage- of defendant, upon a bond executed by plaintiff in favor of the Elevator Company. The case was tried before Quinn, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Watonwan county to recover $15,000 damages for personal injuries. The case was tried before •Quinn, J., and a jury, which rendered a verdict in favor of plaintiff for $581.25. From an order denying a motion for a new trial defendant appealed.

Action in the district court for Lincoln county to recover $323,. being twice the amount of interest paid on a promissory note alleged to be usurious. The case was tried before Webber, J., and a jury, which rendered a verdict in favor of plaintiff for $321.94. From an order denying a motion for a new trial, defendant appealed. Affirmed.

Action in the district court for Clay county to recover $1,000 damages for injury to plaintiff’s crops resulting from overflowing his land. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $502.50. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Hennepin county against George H. Brown, defendant, and Louis A. Hubachek, garnishee. From an order, Harrison, J., discharging the garnishee, plaintiff appealed. The bankruptcy act superseded the state insolvency laws, and the assignment was void. In re Bruss-Ritter Co., U. S. D. Ct. (East Wis.); Parmenter v. Hamilton, 172 Mass. 178. At the time of the assignment the bankruptcy act had not been established.

Alternative writ of mandamus issued by tbe district court for Freeborn county commanding respondent to build and maintain a station-house at Emmons, as required by an order of the railroad and warehouse commission, or to show cause why respondent should not comply therewith.

Action in the district court for Blue Earth county for partition. The case was tried before Severance, J., who found substantially in favor of defendant. From an order denying a motion' for a new trial, plaintiff appealed.

Action in the district court for Chisago county to recover $1,000 from defendant Marty on account of a subscription to the stock of defendant Pioneer Pasteurizing Company and by it assigned to plaintiff. The case was tried before Crosby, J., who directed a verdict in favor of plaintiff for the amount demanded. From an order denying a motion for a new trial, defendant Marty appealed.

Action in the district court for Dakota county to recover $5,000 damages for personal injuries. The case was tried before Crosby, J.; who directed a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Isanti county to determine boundary lines. The action was commenced against Peter Helin, but before the trial he died, intestate, and Brita Helin and others, who were his heirs at law, were substituted as defendants. The court also made an order bringing in L. L. Danielson and Andrew Danielson, who were interested parties. The case was tried before Tarbox, J., who found in favor of plaintiff.

Action in the district court for Wright county to recover $15,000 for personal injuries. The case was tried before Tarbox, J., and a jury, which rendered a verdict in favor of plaintiff for $3,300. The court made an order granting a motion for a new trial unless plaintiff would consent to a reduction of the verdict to $1,000. Plaintiff having consented to such reduction, judgment was entered in his favor for the reduced amount. From the judgment, defendant appealed.

Action in justice court to recover possession of a span of horses or to recover $100, the value thereof, in case a return could not be had. Judgment was rendered in favor of plaintiff, from which defendants appealed to the district court for Marshall county. The case was there tried before Ives, J., who directed a verdict in favor of plaintiff. From an order denying his alternative motion for judgment notwithstanding the verdict, or for a new trial, defendant Tiedt appealed.

Action in the district court for Blue Earth county praying that an administrator’s sale of the interest of one Penfield A. Foster, deceased, in certain lands he declared null and void, that defendants Hubbard and Palmer, the purchasers thereof, be required to reconvey all interest in said lands not disposed of- by them, and that they be required to account for the proceeds of all interest in said lands of which they had disposed.

Action in the district court for Mower county by the guardian of Willie T. Egan, the beneficiary named in a certificate of membership issued by defendant to Mary Egan, deceased, to recover the sum of $1,000, payable on her death. The case was tried before Kingsley, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district, court for Hennepin county for specific performance of a contract to convey real estate. From an order, McGee, J., sustaining demurrers to the complaint, plaintiffs appealed. A seal, in the absence of evidence to the contrary, imports consideration. McMillan v. Ames, 38 Minn. 257; Erickson v. Brandt, 53 Minn. 10. An option without consideration is a mere offer, but if accepted within the time specified becomes a binding contract.

Defendant was indicted in the district court for Hennepin county of the crime of carnally knowing and abusing a female child under the age of 16 years. On the trial before Lancaster, J., then a judge of said court, and a jury, the state produced the prosecutrix as a witness and desired to prove its. case by her. To this defendant objected on the ground that she was at that time his wife, and offered to introduce evidence showing that fact.

Writ of quo warranto issued by the supreme court on the relation of Wallace B. Douglas, attorney general, and Robert H. Seng, requiring respondent to show by what warrant he assumed to act as assessor of Ramsey county, and to hinder and prevent relator Seng from discharging the duties of that office. Laws 1899, c. 140, is unconstitutional because it cannot operate uniformly throughout the state, and the classification is arbitrary and without proper basis. The law is special.

■Action in the district court for St. Louis county to recover $1,800 on a contract. The case was tried before Cant, J., who found in favor of plaintiff; §nd from a 'judgment entered pursuant to the findings, defendant Singer appealed.