Volume 77 — Minnesota Reports

<p>Guardian and Ward — Sale by Mother to Stepfather of Ward.</p> <p>O. S. 1S94, § 4605, provides that “no executor, administrator or guardian making the sale shall directly or individually purchase or be interested in the purchase of any part of the real estate so sold; and all sales made contrary to the provisions of this section shall be void.” Eeld that, where the mother as guardian of her infant children sold their real estate to her (second) husband, she was interested in such sale, and the same was voidable at the election of the wards.</p> <p>Evidence — Purchaser in Good Faith.</p> <p>Eeld, also, that it conclusively appears from the evidence that the husband did not hold said real estate as a purchaser thereof in good faith.</p>

Action in the district court for Nobles county to determine adverse claims to land. The case was tried before P. E. Brown, J., who found in favor of plaintiff; and from a judgment entered pursuant to the findings, defendant Knoblauch appealed.

Action in the district court for Le Sueur county to compel defendant to execute to plaintiffs a conveyance in pursuance.of the terms of a deed of trust. From an order, Gadwell, J., overruling a demurrer to the complaint, defendant appealed.

Action in the district court for Swift county for cancellation and discharge of a mortgage. The case was tried before Powers, J., who found in favor of plaintiffs; and from a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Washington county to quiet title to land. The case was tried before Crosby, J., who found in favor of plaintiffs; and from a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Hennepin county to recover on a contract guarantying the fidelity of an employee. The case was tried before McGee, J., and a jury, which rendered a verdict in favor of plaintiff for $211.53; and from an order denying a motion for a new trial, defendant appealed.

Action in the district court for Martin county to recover $731.55 and interest on three promissory notes made by defendant John Mosloski, payment of which was guarantied by defendant Katy Mosloski. Defendant John Mosloski set up a counterclaim for $2,500. The case was tried before Quinn, J., and a jury, which rendered a verdict in favor of defendants, and assessed the damages of defendant John Mosloski at $1,000.

Action in the district court for Hennepin county to recover $1,-372.21 on a policy of insurance. The case was tried before Johnson, J., and a jury, which rendered a verdict in favor of plaintiff for $820.60; and from an order, Brooks, J.; denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county against the St. Paul City Railway Company and the Twin City Rapid Transit Company to recover $9,000 damages for personal injuries. The case was tried before Bunn, J., and a jury. On motion of defendant the case was dismissed against the Twin City Rapid Transit Company.

Action in tbe district court for Ramsey county to recover $7,757.-56 on orders drawn by the treasurer of Becker county payable out of money in the treasury of Beltrami county not otherwise appropriated. From an order, Otis, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Hennepin county by plaintiff as executrix of the will of Richard A. Webber, deceased, against John Gf. Hausler, Charles M. Hanson and Albert C. Cobb, as assignees of A. F. & L. E. Kelley, insolvents, and others to have a mortgage declared a first lien and to be subrogated to the lien of a prior mortgage.

Action in the district court for Brown county to recover $500 damages for trespass on land. The case was tried before Webber, J., who directed a verdict in favor of defendants; and from an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Brown county against defendant as sheriff of said county to redeem from a mortgage foreclosure sale and to compel defendant to execute a certificate of redemption. The case was tried before Webber, J., who found in favor of plaintiff; and from a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Winona county to recover $10,000 damages for loss of services of plaintiff’s wife and expenses incurred as a result of injuries resulting from defendant’s negligence. The case was tried before Snow, 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 Ramsey county by plaintiff, as substituted assignee of the estate of Henry M. Bristol and M. A. McArthur, insolvents, against Alexander M. Peabody and Charles E. Clarke and others, as executors of the will of Henry Hale, deceased. The object of the action was to recover $3,394.61 for breach of a bond executed by defendant Peabody, formerly assignee of said insolvents, as principal, and by the testator of defendant executors as surety.

Action in the district court for Red Lake county to enforce a’ materialman’s lien for $600.31. The case was tried before Ives, J., who found in favor of plaintiffs. From an order, Watts, J., granting a motion for a new trial, plaintiffs appealed.

Petition in the district court for Ramsey county by defendant in an action in which judgment of separation from bed and board had been rendered, whereby defendant had also been adjudged to pay to plaintiff $12 per month for her support and maintenance. The petition prayed for modification of the judgment so that petitioner be released from further payments.

An order was made by the probate court for Houston county allowing the account of Asle Swenson, as guardian of Edward Hanson and others, minors, and the surviving wards appealed therefrom to the district court for said county. The matter was heard in the district court before Kingsley, J., who found in favor of respondent, and ordered judgment affirming the order of the probate court. From a judgment entered pursuant to the findings, appellants appealed.

Action in the municipal court of Minneapolis to recover $500 damages for personal injuries caused by a defective sidewalk negligently maintained by defendant city. At the close of plaintiffs testimony the court, Kerr, J., granted a motion to dismiss the action; and from an order denying a motion for a new trial, plaintiff appealed. ■Service on an assistant clerk is not service on the city clerk. Sp. Laws 1881, c. 76, sube. 8, § 20‘.

Action in the district court for Hennepin county to recover $2,500 on a policy of life insurance. The case was tried before Elliott, J., and a jury, which rendered a verdict in favor of plaintiff for the amount demanded. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Renville county to determine adverse claims to land. The case was tried before Qvale, J., who found in favor of defendant; and from a judgment entered pursuant to the findings, plaintiff appealed.

Action in tbe district court for Waseca county against defendant board, John D. Carroll, and all persons claiming under a bond executed by defendant Carroll, as principal, and by plaintiff, as surety, to secure performance by Carroll of a contract.

Action in the district court for St. Louis county to foreclose a mortgage. The case was tried before Moer, J., who found in' favor ■of plaintiff; and from an order denying a motion for a new trial, -defendants appealed. Plaintiff is not a building and loan association within contemplation of the laws which exempt such associations from usury. In such an association there must be mutuality.

Action in the district court for Mower county to recover $2,000 for ■personal injuries. The case was tried before Whytock, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000; and from a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Hennepin county to enforce the statutory liability of stockholders in a corporation known as Nor-manna. The case was tried before Lancaster, J., who found in favor of plaintiffs and against certain defendant stockholders, and in favor of other defendant stockholders. From a judgment entered pursuant to the findings, plaintiffs appealed.

Action in the district court for Wright county against Christina Westphal and Louis V. Klein, impleaded with her, to have certain land adjudged subject to the lien of plaintiffs’ judgment. At the opening of the trial, before T'arbox, J., the action was dismissed as to Christina Westphal. The court found in favor of defendant Klein; and from an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Hennepin county by James Forster and Edward Smith, co-partners as Forster & Smith, to recover $11,804.10 for services rendered to defendant bank. John B. At-water, receiver of the bank, intervened, and filed an answer on behalf of himself and of the bank.

Action in the district court for Brown county against Neis Anderson, sheriff of said county, and Anton Adam for conversion. The case was tried before Webber, J., who found in favor of plaintiff; and from an order denying a motion for a new trial and from a judgment entered pursuant to the findings, defendants appealed.

Defendant was indicted in the district court for Meeker county for grand larceny in the first degree. The case was tried before Powers, J., and a jury, which rendered a verdict of guilty; and from a judgment entered pursuant to the verdict, defendant appealed. The language of the indictment is not sufficiently full and explicit to inform defendant of the nature and cause of the accusation. Pen.

Action in the district court for Hennepin county against Jas. McMillan & Go., defendant, and Albert F. Helliwell, garnishee, to recover |257.25 on a draft. From an order, Harrison, J., discharging the garnishee and denying plaintiff’s motion for leave to file a supplemental complaint, plaintiff appealed.

Action in the district court for Hennepin county to determine adverse claims to land. The case was tried before Harrison, J., who-found in favor of plaintiff; and from a judgment entered pursuant to the findings, 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 St. Louis county against defendant, as receiver of the Duluth Street Railway Company, to recover $5,200 damages for personal injuries. The case was tried before Moer, J., who directed a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. Defendant was bound to use the same care in preventing a collision as the driver of any other vehicle would be bound to use. Shea v. St. Paul City Ry.

Action in the district court for Washington county against P. Musser, William Sauntry, and others, as copartners as Musser, Sauntry & Co., to recover $6,750 and interest for driving logs mingled with logs of plaintiffs. William Sauntry and W. M. Cain, copartners as Sauntry & Cain, intervened.

Action in the district court for Ramsey county to recover $1,548.50 on a sheriff’s bond executed by defendant Chapel as principal and by the other defendants as sureties. Defendants Chapel and Merriam answered, and the issues arising under their answers were tried before Brill, J., who found in favor of plaintiff and against defendant Chapel, and in favor of defendant Merriam.

Action in the district court for Waseca county to enjoin defendants from acting as trustees of plaintiff school district. The case was tried before Buckham, J., who found in favor of defendants; and from a judgment entered pursuant to the findings, plaintiff appealed. The title of Henderson and Roesler cannot be tried in this action.

Action in the district court for Hennepin county by plaintiff, as administrator of the estate of Ferdina Gagne, deceased, against Twin City Rapid Transit Company, St. Paul Street Railway Company, and Minneapolis Street Railway Company, doing business as Twin City Rapid Transit Company, to recover $5,000 on account of the death of decedent.

Appeal by plaintiff from an order of the district court for Eamsey county, Bunn, J., denying its application for appointment of a receiver. Affirmed.

Action in the m'unicipal court of Duluth against defendant as receiver of the Duluth Street Railway Company to recover $500 damages for personal injuries. The case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff for $333; and from a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Hennepin county to recover $879.15 damages for defendant’s negligence in handling a consignment of lemons and onions. The case was tried before Johnson, J., and a jury, which rendered a verdict in favor of plaintiff for $778; and from an order, Brooks, J., denying a motion for a new trial, defendant appealed.

<p>Appeal from an order of the district court for Lac qui Parle county, Qvale, J., granting a motion for a new trial.</p>

In proceedings in tbe district court for Yellow Medicine ccunty to enforce collection of delinquent personal property taxes, defendant interposed an answer.

Action in the district court tor Hennepin county to recover $5,373 damages for personal injuries. The case was tried before McGee, J., and a jury, which rendered a verdict in favor of plaintiff for $2,000; and from an order denying a motion for a new trial, defendant appealed.

Action in the district court for Washington county to recover $7,038.10 for cutting and banking logs. The case was tried before Williston, J., who found in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county for conversion. The case was tried before Kelly, J., who found in favor of defendant; and from a judgment entered pursuant to the findings, plaintiff appealed. Where an indebtedness is proved, payment is matter of defense. Bliss, Code PI. § 357; Lerche v. Brasher, 104 N. Y. 157. In conversion the value of the property is prima facie the measure of damages, though plaintiff has only a special interest.

Action in the district court for Hennepin county by plaintiff, as-executor of the will of Charles E. Vanderburgh, deceased. The complaint alleged among other things that defendant, who was a. co-executor of the will and a son of the testator, had borrowed from him sums amounting to $23,890.98, of which defendant had repaid only $15,571.66; that defendant claimed offsets, and refused to pay the balance due until the amount was determined and the offsets allowed.

Action in the district court for Ramsey county to restrain defendant from operating its elevator in receiving, shipping, storing or handling grain until it should have been licensed by relator. The case was tried before Bunn, J., who found in favor of defendant; and from a judgment entered pursuant to the findings, relator appealed. The rules for interpretation and construction of statutes are the same in equity as at law.

Action in the district court for Martin county to determine adverse claims to real estate. The case was tried before Quinn, J., who found in favor of plaintiff; and from a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Stearns county to enjoin defendants from removing a milldam. The case was tried before Searle, J., who found in favor of plaintiff; and from a judgment entered pursuant to the findings, defendants appealed. Plaintiff did not possess and could not acquire any rights by prescription. Tbe dam owners are not estopped from removing tbe dam.

Appeal by defendants from a judgment of the district court for Stearns county, entered pursuant to the findings of Searle, J.

Action in the district court for Redwood county to recover tbe amount of a broker’s commission. The case was tried before Webber, J., and a jury, which rendered a verdict in favor of plaintiff; and from an order denying a motion for a new trial, defendant appealed.

Certiorari from the supreme court to the district court for Ramsey county and the Honorable William Louis Kelly, one of the judges thereof, to review a judgment of said court in the matter of a reassessment for opening an alley.

Action in the district court for Hennepin county by plaintiff, as receiver of the Mutual Fire Insurance Company of Chicago, to recover $906.91 and interest on premium notes. The case was tried before Elliott, J., who found in favor of plaintiff; and from an order denying a motion for a new trial, defendant appealed.

John S. Lord and Charles F. Johnson were indicted in the district court for Le Sueur county for grand larceny in the second degree. The case was tried before Cadwell, J., and a jury, which rendered a verdict of guilty against defendant Johnson, the indictment having been dismissed against defendant Lord. From an order denying a motion for a new trial, defendant Johnson appealed.

Action in the district court for St. Louis county to recover $16,-136.48 for breach of contract. From an order, Ensign, J., overruling a demurrer to the second and third causes of action in the complaint, defendant appealed. At most the action o.f plaintiffs in abandoning the contract amounted to a rescission because of defendant's alleged breach. If plaintiffs elected to rescind, the contract cannot serve as a basis for a claim for future profits.

Action in the district court for Murray county for conversion. The case was tried before P. E. Brown, J., and a jury, which rendered a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Wabasha county to subject to the lien of a judgment against defendant James Gr. Lawrence land standing in the name of defendant Alice G. Lawrence, his wife, on the ground that the consideration was paid by him and title taken in her name in fraud of creditors. The case was tried before Snow, J., and a jury, which rendered a special verdict to the effect that the consideration paid for the land was the money or property of the husband.

Action in the district court for Ramsey county to recover $1,300 on a policy of insurance. The case was tried before Bunn, J., who found in favor of plaintiff for $1,000; and from a judgment entered pursuant to the findings, defendant appealed.

Defendant was indicted in the district court for Ramsey county for grand larceny in tbe first degree. The case was tried before Brill, J., and a jury, which rendered a verdict of guilty; and from an order denying a motion for a new trial, defendant appealed.

<p>Application, by order to show cause, for a writ of peremptory mandamus requiring the district court for Meeker county, the Honorable Gorham Powers and the Honorable Gauthe E. Qvale, the judges of said court, and the clerk thereof, to transfer all the papers and flies in the case of Peter E. Larson against Minneapolis Threshing-Machine Company to the district court for Hennepin county.</p>

Alternative writ of mandamus issued by tbe district court for Hennepin county requiring defendants Chamber of Commerce and its president and secretary to transfer to relator Robbins a certain certificate of membership or to show cause why they had not done so. The case was tried before Elliott, J., who found in favor of defendants; and from an order quashing the writ, relators appealed.

In proceedings in the district court for Ramsey county to enforce delinquent taxes on real estate, defendant interposed an answer, and the matter was tried before Otis, J., who made findings of fact and conclusions of law, and at request of defendant certified to the supreme court for its determination the questions referred to in the opinion.

Action in the district court for Ramsey county to enjoin defendants from removing a refrigerating plant from a building covered by plaintiff’s mortgage. The case was tried before Brill, J., who found in favor of defendants; and from an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to enforce the constitutional liability of stockholders in defendant corporation. The case was tried before Johnson, J., who found in favor of plaintiff and intervening creditors.

Action in the district court for Ramsey county to recover $50,000 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $20,000; and from an order denying a motion for a new trial, defendant appealed;

Action in the district court for Ramsey county to recover $1,602.-88 as reimbursement on account of an invalid tax deed. The case was tried before Jaggard, J., who found in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover on a bond executed by defendant Trengrove as principal and by the other defendants as sureties. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff; and from an order denying a motion for a new trial, defendants appealed.

Writ of quo warranto issued by the supreme court requiring respondent to show by what warrant he held and exercised the office of inspector of boilers for the fifth congressional district.

Action in the district court for Pine county to recover $130,000 damages for injury to plaintiff’s property alleged to have been caused by a fire set by defendant’s engine. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for $67,554.46; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

On Application for Writ of Mandamus. Action in the district court for Ramsey county to have boundary lines fixed and established. The case was tried before O. B. Lewis, J., who made findings of fact and conclusions of law, and from an order denying a motion for a new trial, defendants (except the city of St. Paul, Rosa W. Kelly, William Louis Kelly, Annie McMillan and James T.' McMillan) appealed.

Action in the district court for Ramsey county to rescind a contract for sale of land and other relief. The case was tried before O. B. Lewis, J., who found in favor of plaintiffs. From an order denying a motion for a new trial, defendants Jefferson and Hasson appealed. From orders denying a motion for a new trial and a motion to amend the decision and findings, defendants Burhans and Nichols appealed.

Action in the district court for Ramsey county to determine adverse claims to land. The case was tried before Otis, J., who found in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed.

Appeal by John P. Nelson, assignee of Andrew G. Peterson, insolvent, from an order of the district court for Hennepin county, Pond, J., removing said assignee and appointing Charles M. Drew in his stead.

Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., denying a motion to modify the form of judgment entered.

J. Severance, judge of said court, and Ashley Coffman, Esq., county attorney of said county, commanding them to desist from all further proceedings in a certain action.

Action in the district court for St. Louis county praying that an assignment for benefit of creditors executed by defendant Burns to defendant Holmes be adjudged void and for other relief. The case was tried before Cant, J., who found in favor of plaintiffs; and from a judgment entered pursuant to the findings, defendant Holmes appealed.

Appeal by certain defendants from an order of the district court for Bamsey county, Brill, J., overruling their demurrer to the complaint.

Action in the district court for Hennepin county by plaintiff as administrator of the estate of Chester J. Colburn, deceased, to recover possession of certain certificates of stock, or judgment for $7,000, the value thereof. The case was tried before McGee, J., and a jury, which found in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed.

Action in tbe district court for Ramsey county to recover $20,000 for personal injuries. Tbe case was tried before O. B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $2,000; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>Action in the district court for Goodhue county to recover $125 for trespass on land. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed.</p> <p>An easement implies an interest in the land over which it is enjoyed; a license carries no such interest. Washburn, Easem. (4th Ed.) 6-30; Gahoon v. Bayaud, 123 N. Y. 298; Johnson v. Skillman, 29 Minn. 95. The instrument in controversy did not convey an easement. By its terms the use of the right of way was given to Youngers alone. Even if the right would pass to his heirs, it was not such a right as he could convey. The instrument conferred a mere license to him personally which was not assignable. Mendenhall v. Klinck, 51 N. Y. 246; Hazelton v. Putnam, 3 Pinn. 107; Washburn, Easem. (4th Ed.) 6. A reservation or exception in a deed for benefit of a stranger or one not a party is void. Bridger v. Pierson, 45 N. Y. 601; Walrath v. Redfield, 18 N. Y. 457; Horn-beck v. Westbrook, 9 Johns. 73. A fortiori this rule holds as to one not named. A subsequent conveyance or lease of land operates as a revocation of a license to use it. Kamphouse v. Gaffner, 73 111. 453; Johnson v. Skillman, supra; Kremer v. Chicago, M. & St. P. Ry. Co., 51 Minn. 15, 19; Williams v. Morrison, 32 Fed. 177. The writings on which defendant rests his claim do not sufficiently define the portion of land to be used, and are void for indefiniteness. Johnson v. Skillman, supra; Watson v. Chicago, M. & St. P. Ry. Co., 46 Minn. 321; State v. Welpton, 34 Iowa, 144; Plimpton v. Converse, 44 Yt. 158,165; Washburn, Easem. (4th Ed.) 151.</p>

Action in justice court against Alick Newpick, as defendant, and H. H. Smith, as garnishee. From a judgment against the garnishee for $9.87, he appealed to the district court for Hennepin county. In the district court the appeal was heard before Harrison, J., who made an order reversing the judgment; and from a judgment entered pursuant to the order, plaintiff appealed.

Appeal by defendant from a judgment of the district court for Hennepin county entered pursuant to the findings and order of McGee, J.

In proceedings to enforce payment of delinquent real estate taxes for 1897, defendant interposed an answer. The case was tried before Moer, J., who found in favor of plaintiff, and certified to the supreme court certain points for its determination.

Action in the district court for Stevens county to recover possession of land and $1,500 damages for withholding the same. The case was tried before Qvale, J., who directed a verdict in favor of plaintiff; and from an order denying a motion for a new trial, defendants appealed.

Action in the municipal court of Mankato to recover $75 for services rendered. The case was tried before Shissler, J., and a jury, which rendered a verdict in favor of plaintiff for $30.25. The court granted a motion for judgment notwithstanding the verdict; and from a judgment entered pursuant thereto, plaintiff appealed.

Action in the district court for St. Louis county by plaintiff, a resident and tax payer in defendant city, against the city of Duluth, and its mayor, comptroller, and clerk, and the president and members of its common council to enjoin the issue of bonds. From an order, Moer, J., sustaining a demurrer to the complaint, plaintiff appealed. Population is not a proper basis of classification for an act of this character.

Alternative writ of mandamus issued by the district court for Ramsey county to compel respondent, as county auditor of said county, to calculate the rate per cent, on the assessed valuation of the taxable property of the city of St. Paul necessary to raise the sum of $112,000, and to extend the same on the tax rolls. From an order, Brill, Otis, Bunn, Lewis, and Jaggard, JJ. (Kelly, J., dissenting), directing a peremptory writ to issue, respondent appealed.

Action begun before a justice of the peace in Ramsey county. From a judgment in favor of defendant, plaintiffs appealed to the municipal court of St. Paul, which on motion of defendant changed the place of trial to the district court for Renville county. The district court, Powers, J., made an order granting a motion for judgment on the pleadings dismissing the action; and from a judgment entered pursuant to the order, plaintiffs appealed.

Action in the district court for Kice county to recover $10,000 for personal injuries. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of plaintiff for $2,500. The court granted a motion for judgment in favor of defendant notwithstanding the verdict; and from a judgment entered pursuant to the order, plaintiff appealed.

Action in the municipal court of Duluth to recover $60 for services performed by plaintiffs’ assignor as teacher in defendant school district. The case was tried before Edson, J., who found in favor of plaintiffs; and from a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Hennepin county to recover $2,500 on a fire insurance policy. From an order, Simpson, J., sustaining a demurrer to the answer, defendant appealed. The parts of Laws 1895, c. 175, § 25, directing the amount to be paid in case of total or partial loss must be construed in connection with the standard policy provisions of the same act as a valued policy law in respect to buildings totally destroyed.

Writ of habeas corpus issued by the supreme court to respondent sheriff of Ramsey county commanding him to have the body of James B. Redpath before said court, together with the cause of his imprisonment or detention.

Action in the district court for Ramsey county by plaintiff, an infant, by his guardian ad litem, to recover $30,000 damages for personal injuries. The case was tried before O. B. Lewis, J., and a jury, which rendered a verdict in favor of- plaintiff for $10,500.

Appeal by defendant from an order of tbe district court for Renville county, Powers, J., sustaining a demurrer to part of the answer.

Appeal by defendant from a judgment of the district court for Dodge county, affirming the judgment of a justice of the peace, entered pursuant to the order of Buckham, J.

Action in the district court for Scott county to determine adverse, claims to land. The case was tried before Oadwell, J., and a jury, which made certain special findings, whereupon the court ordered judgment in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Blue Earth county to foreclose mechanics’ liens. The case was tried before Buckham, J., who found in favor of cértain lien claimants,' but disallowed in part the claim of Forman, Ford & Co. A new trial was granted as to the latter claim, and on the new trial, the court, Severance, J., allowed the claim in full. From orders denying motions for new trials, defendant .Northwestern Mutual Life Insurance Company, a mortgagee, appealed.

Action of replevin in the district court for Becker county. Julia Selkirk intervened, and from an order, Baxter, J., overruling a demurrer to her complaint, plaintiff appealed.

Action in the district court for St. Louis county to recover $4,293.08 on an appeal bond. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiffs for $3,899.99; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

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

Action in the district court for St. Louis county against Pennsylvania & Ohio Fuel Company, Chicago Great Western Railway Company, Eastern Railway Company of Minnesota, and John Elliot Bowles, as receiver of Duluth Transfer Railway Company, to recover $7,450 for personal injuries. From orders, Moer, J., and Cant, J., overruling separate demurrers to the complaint, defendants Chicago Great Western Railway Company and Eastern Railway Company of Minnesota appealed.

Action in the district court for Houston county for partition of land. The case was tried before Kingsley, J., who found in favor of defendant; and from an order denying a motion for a new trial, plaintiffs appealed.

Appeal by plaintiff from a judgment of the district court for Aitkin county, entered pursuant to the findings of Holland, J., dismissing the action on the merits.

Appeal by defendant from a judgment of the municipal court of Minneapolis, whereby he was convicted of selling intoxicating liquor without a license, and sentenced to be imprisoned in the city workhouse for the term of 90 days.

Action in the district court for Hennepin county by plaintiff as receiver of Washington Bank against Aleck E. Johnson, John Lynch, and others to enforce the liability of defendant stockholders in the bank. The summons was served on John M. Lynch, who failed to appear, and judgment was entered against John Lynch. From an order, McGee, J., granting the motion of John M. Lynch to vacate the judgment and for leave to answer on condition of payment of $75 costs, he appealed.