Volume 78 — Minnesota Reports

Action of replevin in tbe district court for Hennepin county. Tbe case was tried before Johnson, J., and a jury, wbicb rendered a verdict that plaintiff was entitled to possession of tbe property described, and that its value was $600, and judgment was entered that plaintiff have immediate possession thereof and that in case possession could not be bad she recover said sum. Plaintiff caused satisfaction of tbe judgment to be entered, and defendant appealed from tbe judgment.

Action in the district court for Efennepin county to recover $5,000 for personal injuries. From an order, Pond, J., overruling a demurrer to the complaint, defendant appealed. A fireman has only the rights of a licensee, while on the premises of another in discharge of his duty. Beehler v. Daniels, 18 R. I. 563; Beehler v. Daniels, 19 R. I. 49; Gibson v. Leonard, 143 Ill. 182; Woodruff v. Bowen, 136 Ind. 431; Cooley, Torts (2d Ed.) 367.

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. The case was tried before Brill, J., who found in favor of plaintiff and against defendant Chapel; and from a judgment entered pursuant to the findings, said defendant appealed.

Action in the district court for Otter Tail county by plaintiff as sheriff of said county to recover §150.75 for services as sheriff. From an order, Baxter J., overruling a demurrer to the complaint, defendant appealed.

Action in the district court for St. Louis county to recover $2,000 on a contract. 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. The contract amounts to an implied, if not express, agreement that defendant will allow plaintiff to commence work. 1 Addison, C'ont. (9th Ed.) 299. If there is ambiguity, the words must be taken most strongly against the party employing them.

<p>From an order of the probate court for Houston county in the matter of the estate of Peter Hanson, deceased, allowing the final account of Asle Swenson, administrator, Edward Hanson and Mary Carr appealed to the district court for said county. In the district court the case was tried before Kingsley, J., who found in favor of the administrator; and from an order denying a motion for a new trial appellants appealed.</p>

Action in the district court for Otter Tail county to recover $50 for services as attorney at law. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $39.08; and from an order denying a motion for judgment notwith- standing the verdict or for a new trial, defendant appealed.

Action in the district court for Dodge county to recover the purchase price of a set of abstract of title books. The case was tried before Buckham, 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 Wilkin county to recover $497.45 on a judgment. The case was tried before C. L. Brown, 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.

Appeal by Henry H. Eunyon from an order of the district court for Martin county, Quinn, J., dismissing an appeal from an order of Fred Alton and others as supervisors of the town of Tenhassen laying out a highway through appellant’s land.

Action in the district court for Clay county against defendant as sheriff of said county to recover possession of two barrels of whiskey, or the sum of $159.10, the value thereof, in case a delivery could not be had, and $25 damages for the detention. The case was tried before Baxter, J., who directed a verdict in favor of defendant; and from a judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Le Sueur county to recover $427.68 and interest for the support of two paupers. The case was tried before Cadwell, J., who directed a verdict for $409.35 in favor of plaintiff; and from a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county to recover a balance of $1,426.46, together with interest thereon, for interest at the rate of eight per cent, per annum on the cost of gas posts and lamps erected by plaintiff at various times prior to January 1, 1897, in the streets of defendant city in compliance with resolutions of ■its board of aldermen and common council under the provisions of plaintiff’s charter.

<p>Action in the district court for Freeborn county by plaintiff, as widow of Henry B. Nicholas, deceased, to recover $10,000 damages on account of his death. From an order, Kingsley, J., overruling a demurrer to the complaint, defendant appealed.</p>

Action in the district court for Mille Lacs county to recover $400 on a fire insurance policy. The case was tried before Baxter, J., who found in favor of plaintiff; and from an order denying a motion for a new trial, defendant appealed.

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

Action in the district court for Carlton county to recover $2,100 damages for failure to deliver possession under a lease and $20 for moneys paid and repairs made at defendant’s request. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $546.14; and from an order denying a motion for a new trial, or that judgment be entered in favor of plaintiff for $6.14, notwithstanding the verdict, defendant appealed.

Action in the district court for Ramsey county to enforce specific performance of a contract for purchase of land.

Action in the district court for Hennepin county by plaintiff as receiver of City Bank against Abby G. Mendenhall, R. J. Mendenhall, and the Minneapolis Trust Company.

Action in the district court for Clay county to recover $717.49 .and interest on account of an indebtedness of a partnership formerly existing between plaintiff and defendant, which indebtedness the complaint alleged defendant had assumed. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $663.70; and from an order denying a motion for a new trial, defendant appealed.

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

Action in tbe district court for Bamsey county by plaintiffs as receivers for tbe Bank of Minnesota to recover $2,500 on a promissory note. Tbe case was tried before O. B. Lewis, J., wbo found in favor of plaintiffs; and from an order denyin'g a motion for a new trial, defendant appealed.

Action in the district court for Aitkin county to recover $254.60 for services rendered. The case was tried before Holland, J., who found in favor of plaintiff; and from an order granting a motion for a new trial, plaintiff appealed.

Agreed case submitted to the district court for Hennepin county in accordance with the provisions of Gr. S. 1894, §§ 6083, 6084. The court, McGee, J., found that defendant was owner in fee of the land in controversy; and from a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Ramsey county to recover $3,500 damages for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $300,' and from a,n order denying a motion for a new trial, defendant appealed.

Action in the district court for Watonwan county to recover $200 damages for conversion. The case was tried before Severance, 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 Nobles county against George 3. Day, Martha E. Day, his wife, and Peter Thompson to foreclose a mortgage executed by defendants Day to secure a bond of guaranty executed by defendant George J. Day.

Action in the municipal court of Duluth to recover possession of a piano and piano stool or to recover $350 in case a return could not be had. D. Yan Baalen filed a complaint in intervention, alleging ownership of the property. The case was tried before Gearhart, special judge, who found in favor of the intervenor; and from an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Winona county to recover $10,050 for personal injuries. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. The court made an order granting a motion for a new trial, unless plaintiff should consent to a reduction of the verdict to $3,000 and otherwise denying the motion. Plaintiff consented to the reduction, and from the order defendant appealed.

Action of ejectment in the district court for Steele county. The case was tried before Buckham, J., who found in favor of plaintiff; and from a judgment entered pursuant to the findings, defendant appealed.

Action in the municipal court of Minneapolis to recover $160.-75 for goods sold and money lent. The ease was tried before Holt, J., who found in favor of plaintiffs for $136.73; and from an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $1,000 damages for loss of services and society of plaintiff’s wife. The case was tried before Brill, J., and a jury, which rendered a verdict in favor of plaintiff for $250. The court refused to submit to the jury the following special questions: Did the car from which Mrs. Anna Stewart stepped at the time of this accident go so that the rear end of it was south of the point of the switch?

Action in the district court for Hennepin county by plaintiff as receiver of the Pennsylvania Coal & Oil Company, an insolvent corporation, to enforce the liability of its stockholders. W. S. Dwinnell and other creditors intervened, and the matter of their claims was tried before Elliott, J., who found in favor of Dwinnell in the sum of $5,355. Prom an order denying a motion for a new trial, Frank Heywood and others, intervenors and also defendants, appealed.

Appeal by defendant from a judgment of the municipal court of Minneapolis adjudging him guilty of violation of an ordinance “licensing and regulating' hackmen, draymen, expressmen,” etc., after a trial before Kerr, J. The complaint is insufficient. The business, as carried on' by defendant, was not properly subject to police regulation. In Matter of Jacobs, 98 N. Y. 98; State v. Robinson, 42 Minn. 107. The ordinance is not equal or uniform.

Action in the district court for Watonwan county to recover the value of wheat deposited for storage with defendant company. From orders overruling demurrers to the complaints, Quinn, J., defendants A. O. Ouren, Thomas C. Hovde, Abraham Jacobson, and Frank Lee appealed.

Appeal by defendants Emelia Trudeau and JohnB. Trudeau from an order of the district court for Ramsey county, O. B. Lewis, J., confirming the report of referees partitioning land.

Action in the district court for St. Louis county to recover $12,-416.52 and interest and for an accounting under a contract. The case was tried before Moer, J., who found that plaintiff was entitled to recover $13,776.07; and from an order denying a motion for a new trial, and from the judgment, defendant appealed.

Action in the district court for Kandiyohi county to recover possession of personal property or the sum of $2,000, the value thereof, and $200 damages for its detention. Thomas Lawler intervened, and in his complaint alleged ownership of an undivided one-half of the property. The case was tried before Qvale, J., and a jury, which rendered a verdict in favor of the intervenor; and from an order whereby the court of its own motion granted a new trial, the intervenor appealed.

Action in the district court for Winona county to recover $2,000 damages for personal injuries. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000; and from an order denying a motion for a new trial, defendant appealed.

Action in the district court for Big Stone county to determine adverse claims to land. The case was tried before C. L. Brown, J., who found that plaintiff was owner of the land subject to the rights of defendant under an execution sale in an undivided one-half of the land. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Winona county against Albert Libera and the Standard Life & Accident Insurance Company of Detroit, Michigan, for reformation of a release, or in case such relief should be denied for its cancellation. The court, Snow, J., submitted certain questions to a jury, whose findings were incorporated by the court in its findings.

Action in the district court for St. Louis county to recover a balanee due under a contract and a further sum for extra work and materials. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $13,834.90.; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Custody of Children — Father or Mother. Appeal by relator from an ordep of the district court for Ramsey county vacating a writ of habeas corpus and ordering that respondent Nora B. McDonough have until further order of the court care, custody, and control of her minor children.

Appeal by relator from an order of the district court for Hennepin county, Brooks, J., discharging a writ of habeas corpus and remanding Sadie Scott, the wife of relator, to the care, custody, sand control of respondent Fred L. Lowell, her father. On a trial de novo in the supreme court, judgment for relator.

Action in the district court for Ramsey county by plaintiffs, as the Board of St. Paul Workhouse Directors, against defendants, as the Board of Park Commissioners of St. Paul, and Frederick Nuss-Daumer, superintendent of said board, to enjoin defendants from interfering with a certain tract of land. From an order, Jaggard, J., sustaining a demurrer to the complaint, plaintiffs appealed. Plaintiffs have capacity to sue.

Action in the district court for Bamsey county by plaintiff as receiver of the Savings Bank of St. Paul against the St. Paul Plow Company and Charles M. Power to recover $2,000 damages for conversion of the proceeds of a promissory note. The case was tried before Bunn, J., who found in favor of defendants; and from a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Blue Earth county against H. M. Kellogg, the Mankato Citizens Telephone Company, and the city of Mankato to recover $15,000 for personal injuries sustained by plaintiff’s minor child. The issues between plaintiff and defendants Kellogg and the telephone company were tried before Severance, J., who directed a verdict in favor of defendant company.

Action in the district court for Le Sueur county to recover $1,435.-55 alleged to be due plaintiff under a contract entitling him to a share in the profits of defendant’s business. The case was tried before Cadwell, J., and a jury, which rendered a verdict in .favor of plaintiff for $939.85; and from an order denying a motion for a new trial, defendant appealed.

Action in the district court for Otter Tail county to .recover $33' alleged to be due by reason of defendant having connected his premises with plaintiff’s sewer. 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. The power of a city to construct sewers is a specific grant for private purposes. The sewers are the private property of the city.

Action in the district court for St. Louis county to recover $734.86 and interest on the ground of mutual mistake. The case was tried before Moer, J., who directed a verdict in favor of plaintiff for $772.43; and from an order denying a motion for a new trial, defendant appealed.

Action of ejectment in the district court for Winona county. From a judgment in favor of defendant, entered pursuant to the findings of Snow, J., plaintiff appealed. Plaintiff had a right to rely on the first recorded deed, and was not required to examine the record further for another deed from the same grantor. Babcock v. Collins, 60 Minn. 73, 81; Shotwell v. Harrison, 22 Mich. 409, 420; O’Neal v. Boone, 82 111. 589, 604; Morse v. Curtis, 140 Mass. 112, 114.

Action in the district court for Hennepin county to recover $5,000 damages for personal injuries caused by the negligence of defendant in allowing snow and ice to accumulate on the sidewalk. From an order, Simpson, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action of ejectment in the district court for Ramsey county. The case was tried before Bunn, J., who found in favor of defendant; and from an order denying a motion for a new trial, plaintiffs appealed. Wheeler E. Peclcham and Frederick Allis also submitted a brief in behalf of Eliza Burton Ashton Allis, a tenant in common with plaintiffs under the same title.

Action in the district court for Bamsey county to recover $3,214.-36 alleged to be due to plaintiff as a member of the police force of defendant. The case was tried before Kelly, J., who directed a verdict in favor of plaintiff for $15, being compensation for six days ending June 13, 1894. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by plaintiff from an order of the district court for Scott county, Gadwell, J., granting a motion for a new trial, unless plaintiff should consent to a reduction of the verdict from $261.49 to $8.49.

Action in the district court for Winona county to recover a balance of $1,800 on a promissory note purporting to be executed by defendant company to the order of defendant W. H. Garlock and by him indorsed. The case was tried before Snow, J., who granted a motion to dismiss the action as against defendant Garlock, and directed a verdict in favor of defendant company. From a judgment entered pursuant to the order of dismissal and the verdict, plaintiff appealed.

Action in the district court for Hennepin county by Christopher H. Smith, as insurance commissioner of the state of Minnesota, and one of the policy holders of defendant company against its assignees in insolvency and its policy holders. The purpose of the action was to determine who was entitled to a fund in the hands of the insurance commissioner, to have a receiver appointed to take charge of the fund, and to have it distributed among those entitled to participate therein.

In the district court for Olmsted county defendant was convicted of being the father of a bastard child; and from an order, Snow, J., denying a motion for a new trial, he appealed.

Appeal by defendants Joseph A. Sawyer and Nellie A. Sawyer from a judgment of the district court for Steele county entered pursuant to the amended findings and conclusions of Buckham, J.

Action in the district court for Rice county to quiet and establish the water and riparian rights of the parties in the Cannon river and to compel defendants to use the water in the river in accordance with certain agreements. The case was tried before Buckham, J., who found in favor of defendants; and from a judgment entered pursuant to the findings, plaintiffs appealed.

Appeal by defendants Bishop and Fidelity & Deposit Company of Maryland from an order of the district court for Hennepin county, Brooks, J., overruling demurrers to replies.

<p>Action in the district court for Ramsey county to recover $1,090 and interest, the value of a sample trunk alleged to have been lost by defendant’s negligence. The case was tried before Brill, J., who directed a verdict in favor of plaintiffs for $1,109; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.</p> <p>The liability of a carrier in respect to baggage is incident to the relation of carrier and passenger, and is personal to the passenger. Defendant is not liable to plaintiffs for% damage to articles owned by them and carried by their salesman as his baggage. There being no contract between plaintiffs and defendant, they cannot maintain this action by virtue of any agreement contained in the tickets; nor by reason of the relation existing between them and Roeller, when knowledge of such relation was not brought home to defendant; nor because they were owners of the goods, unless knowledge of the ownership and of the fact that the goods were in the trunk was brought home to defendant, and such trunk accepted with such knowledge. Pennsylvania v. Knight, 58 N. J. L. 287; Stimson v. Connecticut, 98 Mass. 83; Ailing v. Boston, 126 Mass. 121; Talcott v. Wabash, 66 Hun, 456; Missouri v. Liveright, 7 Kan. App. 772; Humphreys v. Perry, 148 TT. S. 627; Blumantle v. Fitchburg, 127 Mass. 322; Cahill v. London, 10 C. P. (N. S.) 154; Haines v. Chicago, St. P., M. & O. Ry. Co., 29 Minn. 160; Southern v. Clark, 52 Kan. 398; Toledo v. Dages, 57 Oh. St. 38. In the absence of active negligence or misfeasance on part of defendant, the action cannot be maintained as a common-law liability. Wunsch v. Northern Pac. R. Co., 62 Fed. 878; Meux v. Great Eastern (1895) 2 Q. B. 387.</p> <p>The question of delivery should have been submitted to the jury. T'o constitute delivery it is not enough that the baggage be placed on the premises of the carrier. It must be delivered at the usual place of reception of such baggage, and the attention of the carrier must be called to the fact. Green v. Milwaukee, 41 Iowa, 410; Hiclcox v. Naugatuck, 31 Conn. 281; Camden v. Belknap, 21 Wend. 353; Rogers v. Long Island, 1 Thomp. & C. 396,1 N. Y. Sup. Ct. 396; Grosvenor v. New York, 39 N. Y. 34.</p> <p>The liabilities of common carriers are independent of, though they may be modified by, contract. Hannibal Railroad v. Swift, 12 Wall. 262. A common carrier is an insurer of goods intrusted to him. Christenson v. American Ex. Co., 15 Minn. 208 (270). Under certain circumstances one may be entitled to the rights and protection of a passenger, though there be no consummated contract of carriage, the sole question being whether he in good faith intended to become a passenger. Cleveland v. New Jersey, 68 N. Y. 306; Lake Shore v. Foster, 104 Ind. 293; Green v. Milwaukee, 41 Iowa, 410; Hickox v. Naugatuck, 31 Conn. 281. If the carrier accept baggage for transportation, knowing that the owner does not intend to become a passenger, he accepts it to be carried as freight, and is liable as common carrier of goods. Hutchinson, Car. § 701; Sloman v. Great Western, 67 N. Y. 208. See Macrow v. Great Western, L. R. 6 Q. B. 612; Great Northern v. Shepherd, 8 Excli. 30; Smith v. Boston, 44 N. H. 325. Where an extra charge is collected for sample trunks by the carrier, knowing that they contain other than personal baggage, the transaction is tantamount to a shipment of freight, and the owner is the proper party to sue for loss. Perley v. New York, 65 N. Y. 374; Strouss v. Wabash, St. L. & P. Ry. Co., 17 Fed. 209; Collins v. Boston, 10 Cush. 506. See Pennsylvania v. Knight, 58 N. J. L. 287. Where a railroad company receives on a passenger train the property of a passenger, with notice that it is not baggage, the company is liable as common carrier of merchandise. Liability begins when the property passes with assent into its possession. Hannibal Railroad v. Swift, supra; Oakes y. Northern, 20 Ore. 392, 394; Great Northern v. Shepherd, supra; Macrow v. Great Western, supra; Cahill v. London, 13 C. B. (N. S.) 818; Chicago v. Conklin, 32 Kan. 55; Texas v. Capps, 16 Am. & E. R. R. Cas. (Tex.) 118; Hoeger v. Chicago, 63 Wis. 100; SI ornan v. Great Western, supra; Perley v. New York, supra; Strouss v. Wabash, St. L. &. P. Ry. Co., supra; Butler v. Hudson, 3 E. D. Smith (N. Y.) 571; Collins v. Boston, supra; Minter v. Pacific, 41 Mo. 504; Toledo v. Dages, 57 Oh. St. 38; Haines v. Chicago, St. P., M. & 0. Ry. Co., 29 Minn. 160.</p> <p>The delivery was complete, being according to the usual and customary method at the station. Merriam v. Hartford, 20 Conn. 354; Grosvenor v. New York, 39 N. Y, 34; Illinois v. Smyser, 38 III. 354; Rogers v. Long Island, 1 Thomp. & C. 396.</p>

Action in the district court for Hennepin county to recover $500 on a fire insurance policy. The case was tried before Elliott, 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 Traverse county by plaintiff as receiver of Frederick T. Day, insolvent, to determine adverse claims. The case was tried before C. L. Brown, J., who found in favor of defendant; and from a judgment entered pursuant to the findings, plaintiff appealed.

Action by ‘plaintiff as trustee of W. R. C. Corson and another under the will of William R. Cone, deceased, to recover possession of land after foreclosure. The action was commenced in the municipal court of Minneapolis, but because the title of real estate was involved was by stipulation removed to the district court for Hennepin county.

In tbe matter of tbe assignment of Horace P. Rugg and another, insolvents, pending in tbe district court for Ramsey county, tbe Union Bank of St. Paul appealed from an order, Brill, J., directing that tbe assets of tbe insolvents be distributed among tbe creditors who filed claims, that certain real estate claimed by said Rugg as homestead be set apart free from claims of bis creditors, and granting a discharge from bis debts as against certain creditors including tbe bank.

Action in the municipal court of St. Paul to recover $250 for professional services. The case was tried before Qrr, J., and a jury, which rendered a verdict in favor of defendants; and from an order denying a motion for a new trial, plaintiff appealed.

Action in the municipal court of St. Paul to recover $130 on a written lease. The case was tried before Hiñe, J., who found 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 Waseca county against Edward R. Krassin, John Krassin and Stephen Krassin to recover $20,000 for alienation of the affections of plaintiff’s wife. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of plaintiff and against all the defendants for $5,000; and from an order denying a motion for a new trial, defendants appealed.

Action in the district court for Polk county to recover. $2,000 damages sustained by reason of defendant’s negligence in causing surface water to flow on plaintiff’s land. The case was tried before Watts, 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.

Action in the district court for Nicollet county by Lucius 0. Hunt and others, substituted as plaintiffs in place of Sarah Hunt, against Edward O’Leary to recover possession of land.

Appeal by defendants from-a judgment of the municipal court of Minneapolis in favor of plaintiff, entered pursuant to the findings of Kerr, J.

Action in the district court for Meeker county by plaintiff, as executor of Aaron Bisbee, deceased, to foreclose a mortgage executed by defendants Madigan and wife. The case was tried before Powers, J., who found in favor of plaintiff; and from an order denying a motion for a new trial, defendant Meeker County Bank and defendant E. B. Benson, to whom the bank had procured to be executed the quitclaim deed referred to in the opinion, appealed.

Action in the district court for Ramsey county to recover $15,000 damages for libel. The case was tried before Otis, J., who directed a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendants from an order of the district court for St. Louis county, Moer, J., denying a motion to open the judgment and for leave to answer.

Action in the district court for Ramsey county to recover a deüciency judgment for $237.30 on a mortgage alleged to have been assumed by defendant. The case was tried before Harrison, acting judge, and a jury, which rendered a judgment in favor of plaintiffs for the amount demanded; and from an -order granting a motion for a new trial, plaintiffs appealed. The agreement was not within-the statute of frauds, as not to be performed within one year.

Action in the district court for Hennepin county to recover $1,950 damages for personal injuries. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of plaintiff for $500; and from an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed. On a former appeal, an order sustaining a demurrer to the complaint in this action was reversed. 75 Minn. 103.

Action in the municipal court of Duluth to recover $126 and interest upon a promissory note. The case was tried before Edson, J., and a jury, and at the conclusion of the testimony the court granted defendant’s motion to dismiss the action. From, an order denying a motion for a new trial, plaintiff appealed.

Defendant was indicted in the district court for Ramsey county for perjury, and demurred to the indictment. The court, O. B. Lewis, J., overruled the demurrer, and certified the case to the supreme court for its determination of the following points: (1) Whether the indictment conformed to G. S. 1866, c. 108, §§ 1, 2, 3, and á, as qualified by section 10. (2) Whether the indictment charged more than one offense.

From an order of the probate court for Morrison county disallowing in part the final account of Charles Unke, as guardian of Henry Dahlmier and others, minors, the guardian appealed to the district court of said county. In the district court the appeal was tried before Baxter, J., who found that the wards were entitled to recover from the guardian the sum of $3,263.50; and from an order denying a motion for a new trial, the guardian appealed.

Action in the district court for Hennepin county to recover $15,-000 damages for libel. The case was tried before Brooks, J., and a jury, which rendered a verdict in favor of plaintiff for $1,800; and from an order granting a motion for a new trial, plaintiff appealed.

Petitions to tbe probate court of Ramsey county by Cornelia de Camp Kittson, Hercules L. Kittson, and Daniel Murphy, as guardian of Norman W. Kittson and another, minors, and by Violet K. Kittson, as guardian of Alfred S. Kittson, incompetent, praying that the accounts of the St. Paul Trust Company, as executor of the estate of Norman W. Kittson, deceased, be re-opened, and that the executor be compelled to amend its final account so as to include all previous accounts.

Alternative writ of mandamus from the district court for Ramsey county directing defendant to extend its lines of street railway in accordance with Ordinances Nos, 1925 and 1227 of relator and to operate its cars thereon or to show cause why it should not be done. The case was tried before Bunn, J., who found in favor of defendant and directed the writ to be dismissed. From an order denying a motion for a new trial, relator appealed.

Action in the district court for Houston county to recover $10,-000 damages for alleged malpractice as a physician. The case was tried before Whytock, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500; and from an order denying a motion for a new trial, Kingsley, J., defendant appealed.

Action in the district court for Mille Lacs county to recover judgment that the title to certain land he decreed to be by defendants held in trust for plaintiff, and that defendants be required to convey to plaintiff, and in default that plaintiff recover the value of the premises. The case was tried before Searle, J., who granted defendants’ motion to dismiss the action; and from an order denying a motion for a new trial, plaintiff appealed.

. Action in the district court for Clay county against O. C. Melbye, defendant, and the First National Bank of St. Paul, garnishee. Thore Alme intervened as claimant of funds disclosed by the garnishee to the amount of $401.55. The issues between the intervenor and plaintiff were tried before Baxter, J., who found that the intervenor was entitled to judgment against the garnishee for $401.55, and against plaintiff for interest on that sum from January 1, 1898.

Action in the district court for Clay county against O. C. Melbye, defendant, and the First National Bank of St. Paul, garnishee. Thore Alme intervened as claimant of funds disclosed by the garnishee to the amount of $401.55. The issues between the intervenor and plaintiff were tried before Baxter, J., who found that the intervenor was not entitled to judgment, and that the garnishee was not liable to either of the other parties.

Defendant was indicted in the district court for Kittson county for manslaughter in the first degree. The case was tried before Watts, J., and a jury, and resulted in a verdict of guilty of manslaughter in the second degree. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Redwood county to recover $185, the price of a harvester and binder. The case was tried before Webber, 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.

Action in tbe district court for Ramsey county to determine adverse claims. The question whether the deed, referred to in the opinion, contained, when signed and acknowledged, the name of Charles Butts as grantee was submitted to a jury, which found in the affirmative.

Writ of habeas corpus issued by the district court for Brown county and directed to respondent as sheriff of said county. From an order, S. A. George, court commissioner, remanding relator to the custody of respondent, relator appealed.

Action in the district court for Dakota county to recover the amount of loss arising from destruction by fire of 15,642 bushels of wheat stored in defendant’s elevator. The case was tried before Crosby, J., who found in favor óf defendant; and from a judgment entered pursuant to the findings, plaintiff appealed.

Defendant was indicted in the district court for Hennepin county for driving a team of horses attached to a sled upon a bicycle path. The case was tried before Simpson, J., and a jury, and resulted in a conviction. From an order denying k motion for a new trial, defendant appealed. Laws 1899, c. 43, § 1, cannot be intelligibly construed.

Action in the district court for Hennepin county to recover $1,410 with interest on account of moneys advanced as agent, and commissions. The case was tried before McGee, J., who directed a verdict in favor of plaintiff for $1,430.35, and from an order denying a motion for a new trial, defendant appealed.

Action in the district court for Anoka county to recover $1,000 damages for injuries to plaintiff’s land, caused by placing piling in the Mississippi river, whereby water was caused to flow over the land. The case was tried before McGee, acting judge, who directed a verdict in favor of defendant; and from an order denying a motion for a new trial, plaintiff appealed. The former judgment ismot a bar.

Action in the municipal court of Minneapolis to recover $296 and interest for materials and labor furnished and performed by plaintiff as undertaker for the burial of defendant’s deceased wife. The case was tried before Holt, J., who found in favor of plaintiff in the sum of $256.50; and from an order denying a motion for a new trial, defendant appealed.

On Motion to Dismiss Appeals. In the matter of the assignment of Jacob Skoll, insolvent, pending in the district court for Hennepin county, Joseph M. Davis, the assignee, made application for allowance of his final account and to have the compensation of himself and of his attorney fixed. The Swedish-American Natiofial Bank interposed objections.

In the matter of the receivership of the American Savings & Loan Association, pending in the district court for Hennepin county, Freeman P. Lane and Matthew Gallagher applied, for an order allowing them $2,500 for services rendered to the shareholders of the association in procuring bidders for its real estate and for services rendered in court.

Action of ejectment in the district court for Houston county. The case was tried before Kingsley, J., who found in favor of plaintiff; and from a judgment entered pursuant to the findings, defendant appealed.

Appeal by defendant from a judgment of the district court for Ramsey county in favor of plaintiff for $848.43, after a trial before Kelly, J., and a jury.

Action in the district court for Ramsey county to recover $10,000 damages for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $3,500; and from an order denying a motion for a new trial, defendant appealed.

Two actions in the district cburt for Hennepin county, against Scanlon-Gipson Lumber Company and R. C. Jefferson and another, copartners as Jefferson & Kasson, respectively, to recover compensation for driving logs. The cases were tried together before Elliott, J., who found in the first case that plaintiff was entitled to recover $428.28 with interest, and in the second that plaintiff was entitled to recover $1,897.20 with interest.

Action in the district court for Hennepin county to recover $625,000 damages for breach of contract. From an order, Simpson, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Houston county to recover $2,000 on a benefit certificate. The case was tried before Kingsley, J., who directed a verdict in favor of plaintiff for the amount demanded. From an order denying defendant’s motion for judgment notwithstanding the verdict, but granting its motion for a new trial, defendant appealed. From the order, so far as it granted a new trial, plaintiff appealed. Affirmed as to defendant’s appeal.

Action in the district court for Kamsey county to recover $4,145 damages for injuries to plaintiff’s person and to his horse and wagon. The case was tried before Brill, J., and a jury, which rendered a verdict in favor of plaintiff for $700; and from an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>Principal.and Agent — Agreement to Accept Note of Third Person.</p> <p>An agreement by a general agent, who possesses full power and authority to make collections and settlements of debts due his principal, entered into with a debtor of the principal, to accept and receive the promissory note of a third -person in payment of an indebtedness due the principal from such debtor, is valid, and will bind the principal, if founded on a valuable consideration.</p> <p>Verdict.</p> <p>If a verdict of a jury can be sustained on any proper and consistent theory of the evidence, it is the duty of the court, in the absence of some prejudicial error in law, to sustain it,' and refuse a new trial.</p> <p>Verdict Sustained by Evidence.</p> <p>Evidence considered, and held to sustain the verdict. ■</p>

Writ of certiorari issued out of the supreme court to review an order of the district court for Mower county, Kingsley, J., adjudging relators guilty of contempt.

Action in the district court for Olmsted county to recover $5,081.50 damages for seduction of plaintiffs daughter. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff for $531; and from an order denying a motion for a new trial, defendant appealed. The action is statutory, and the statute should be given an interpretation consonant with the ordinary signification of language.

Appeal by plaintiffs from a judgment of the district court for Hennepin county dismissing the action, entered pursuant to the order of Harrison, J.

Action in the district court for St. Louis county against William Stephen, doing business as Central Mercantile Company, defendant, and W. D. Underhill, garnishee, to recover $247.54 for goods sold and delivered. From an order, Cant, J., denying a motion for leave to file a supplemental complaint • making the garnishee a party, plaintiffs appealed.

. Action in the district court for Ramsey county by a judgment creditor of defendant society to enforce the liability of defendant stockholders. Patrick Sexton, a creditor, filed a complaint in intervention. The case was tried before Jaggard, J., who found in favor of plaintiff and intervenor; and from an order denying a motion for a new trial, certain of defendant stockholders appealed.

• Action in the district court for Hennepin county to recover 1197.51 with interest, as the balance of the price of a car of bananas sold by defendant on plaintiff’s account. The case was tried before Elliott, J., and a jury, which rendered a verdict in favor of plaintiff for |209.02; and from a judgment entered pursuant to the verdict, defendant appealed.

Action in the municipal court of Minneapolis to recover $352.05 with interest as commissions under a contract. The case .was tried before Kerr, J., who found that plaintiff was entitled to recover $102.05 with interest; and from an order denying a motion for a new trial, plaintiff appealed.

Defendant was charged in the municipal court of St. Paul with violation of Ordinance No. 2042 as amended by Ordinance No. 2059 of the city of St. Paul. The case was tried before Hiñe, J., and resulted in a judgment of conviction, from which defendant appealed.

Action in the district court for Mower county to recover $632.16 and interest on three promissory notes. The case was tried before Kingsley, 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 to recover $15,-000 damages for personal injuries. The case was tried before Kelly, J., who directed a verdict in favor of defendant) and from an order denying a motion for a new trial, plaintiff appealed. The court erred in excluding expert testimony as to competency of the operator. As to the general rule, see Sneda v. Libera, 65 Minn. 337.

Action in the district court for Chippewa county by Lammert Gerdes and wife against Sarah M. Burnham, as executrix of the will of Burton A. Burnham, deceased, and Amund I. Amundson, as sheriff of said county, to enjoin defendants from proceeding with the foreclosure of a certain mortgage for $1,400 executed by plaintiffs to decedent, and for an accounting, and other relief.

Action in the district court for Lac qui Parle county to establish a boundary line. From a judgment entered pursuant to the findings of Powers, J., plaintiff appealed.

In the municipal court of Ortonville plaintiff recovered judgment against defendants for $52.25, and defendants appealed on questions of law and fact to the district court for Big Stone county. In the district court the trial resulted in a verdict in favor of plaintiff for $30.05, and judgment was entered thereon, wherein plaintiff’s costs and disbursements were taxed-at $34.75.

Defendant was indicted in the district court for Hennepin county for grand larceny in the first' degree. The case was tried before Simpson, J., and a jury, and resulted in a verdict of conviction. From a judgment entered pursuant to the verdict, defendant appealed.

Contract of Infant. Action in the district court for Polk county to recover $125.55 and interest on a promissory note. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of defendant; and from a judgment entered pursuant to the verdict, plaintiff appealed.