Volume 79 — Minnesota Reports

Action in the district court for Hennepin county to recover $9,000 damages for refusal to transfer stock. John C. Oswald intervened, claiming title to the stock. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of intervenor; and from an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant from an order of tbe district court for Ramsey county, O. B. Lewis, J., overruling a demurrer to tbe complaint. Even assuming that plaintiffs bad paid tbe assessment, they cannot recover except upon a showing tbat tbe money bas not been devoted to tbe purpose for which it was raised, but that it still remains in the city’s treasury.

Action in the district court for Stearns county to recover $311.54 for labor and materials furnished. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff for the amount demanded. Thereafter the court made an order granting defendant’s motion for judgment in its favor notwithstanding the verdict; and from a judgment entered pursuant to such order, plaintiff appealed.

Appeal by defendant from an order of the district court for Hennepin county, Brooks, J., setting aside a demand for a second trial.

Action in the district court for Stearns county by plaintiff as administrator of the estate of William H. Hayward, deceased, to recover $515.80 and interest on a. promissory note executed by defendants to the order of intestate. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Writ of certiorari issued out of the supreme court to review an order of the district court for Brown county, Webber, J., in bastardy proceedings.

Action in the district court for Ramsey county to recover $5,270.-44 with interest, the amount of certificates of sale of real estate sold pursuant to judgment entered in the matter of a special assessment levied by defendant city. From an order, Kelly, J., sustaining a demurrer to the complaint, plaintiff appealed. The purchase at the tax sale is a contract. It is made under the law as it then exists, and upon the terms prescribed by the law. Cooley, Taxn.

Action in the district court for Big Stone county to recover $404.21 damages, being the amount of principal and interest of a promissory note pledged yvith defendant, which it had failed to return after payment of the indebtedness secured. The case was tried before C. L. Brown, J., and a jury, which rendered a verdict in favor of plaintiff for $385.17.

Action in the municipal court of Minneapolis to recover $134.75 and interest for goods sold and delivered. The case was tried before Kerr, J., who found in favor of plaintiffs 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 a balance of $125.10 due on a carload of wheat sold by defendant on account of plaintiffs. Defendant paid the amount demanded into court, and on its application L. B. Wood was substituted as defendant. From an order, Harrison, J., overruling plaintiffs’ demurrer to the answer of defendant Wood, plaintiffs appealed.

<p>Action in the district court for Bice county to recover $875.28 and interest for breach of contract, being the amount of two promissory notes alleged to have been given by plaintiff to defendant in payment of an insurance premium on policies which were not delivered. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of plaintiff for $923.60; and from -an order denying a motion for a new trial, defendant appealed.</p>

Action in the district court for- Hennepin county by Joseph P. Wilson and Charles A. Gilman against Catherine J. Welles and another, as executrices of the will of Henry T. Welles, deceased, to recover $13,460 and interest, on an express trust declared by decedent.

<p>Bridging Railway Tracks at Street Crossing — Apportionment among Roads.</p> <p>Order appealed from considered, and held to be in accordance with the mandate of this court on a former appeal, and is, therefore, sustained.</p>

<p>Action in the district court for Ramsey county to recover $2,000, and interest, on a beneficiary certificate. The case was tried before Brill, J., who directed a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.</p> <p>Defendant is a mutual assessment life insurance society, and nothing else. Bolton v. Bolton, 73 Me. 299; Foster v. Moulton, 35 Minn. 458, 459; State v. Critchett, 37 Minn. 13; Walter v. Hensel, 42 Minn. 204, 209. The subordinate lodge is the agent of the grand lodge in these matters. Niblack, Ben. Soc. § 281; Barbaro v. Occidental, 4 Mo. App. 429, 433; Russell v. Detroit, 80 Mich. 407. Presumptively the designation of plaintiff was valid, and in order to defeat recovery it must appear that his designation as such was clearly prohibited by the constitution of the order. All doubtful provisions will be resolved in favor of the validity of the designation. Walter v. Hensel, supra; Cook v. Benefit League, 76 Minn. 382; Symonds v. N. W. Mut. Life Ins. Co., 23 Minn. 491; Chandler v. St. Paul F. & M. Ins. Co., 21 Minn. 85.</p> <p>The grand lodge might incorporate without limiting the designation of beneficiaries to any class of persons (G. S. 1894, § 2990, and amendments), and therefore there is no reason of public policy which would justify holding that any limitation of the right of designating a beneficiary is intended or implied, unless the language of the constitution unequivocally declares such limitation. Giving due weight to the settled rules of construction, it does not appear that the constitution of defendant does prohibit the designation.</p> <p>The same rules of estoppel and waiver apply in case of defendant as in case of other insurance companies; and it waived the objection (if it' be an objection), and is estopped to assert that plaintiff was not legally named beneficiary. Deceased was not a member of the grand lodge, and its constitution is not referred to in the certificate. Under the provision relied upon, deceased’s membership did not arise until he received or became entitled to the certificate. He was not chargeable with notice of the alleged want of power in defendant to make the contract, for he was not in any event chargeable with knowledge of the constitution until he became a member. Given v. Rettew, 162 Pa. St. 638; Eilenberger v. Protective, 89 Pa. St. 464, 468. The provision relied upon was simply a rule of guidance for its agent, the subordinate lodge. If its agent disregarded the rule, the principal, having in fact made the contract, is bound by it in the absence of fraud, not having repudiated it at any time before full performance by the deceased.</p> <p>The constitution is merely a voluntary agreement, or rules voluntarily adopted for the government of defendant, which may be changed at any time. The constitution is simply the by-laws, and has no greater force. Niblack, Ben. Soc. § 14; Supreme v. Knight, 117 Ind. 489, 495. If the constitution is a part of the contract, then every part of the constitution is equally such, and every provision of the constitution stands on the same basis. But there are many provisions of such constitutions which the courts have held the order to have waived or estopped itself to assert. This provision as to beneficiaries is not a material one, and for that reason could be waived. Oswald v. St. Paul G. Pub. Co., 60 Minn. 82, 85; Central B. &L. Assn. v. Lampson, 60 Minn. 422; Erb v. Yoerg, 64 Minn. 463, 465; Emmet v. Reed, 8 N. Y. 312, 316; Story v. Williamsburgh, 95 N. Y. 474; Durian v. Central, 7 Daly, 168, 173; Folmer’s Appeal, 87 Pa. St. 133, 135; Maneely v. Knights, 115 Pa. St. 305, 308; Humphreys v. National, 139 Pa. St. 264, 271; Milborne v. Royal, 14 App. Div. (N. Y.) 406; Matt v. Roman, 70 Iowa, 455, 461; Mutual v. Hoyt, 46 Mich. 473, 478; Russell v. Detroit, 80 Mich. 407; Bloomington v. Blue, 120 Ill. 121; Burlington v. White, 41 Neb. 547; Railway v. Tucker, 157 Ill. 194, 199. See also upon question of waiver and estoppel in cases of mutual companies and benevolent societies: Seibel v. Northwestern, 94 Wis. 253, 257; De Witt v. Home, 95 Wis. 305; National v. Titman, 58 Ill. App. 642, 644; Knights of Pythias v. Kalinski, 163 U. S. 289, 291; Kentucky v. Calvert (Ky. App.) 9 Ins. L. J. 529; Milkman v. United, 20 R. I. 10; Mueller v. Grand Grove U. A. O. D., 69 Minn. 236; Perine v. Grand Lodge A. O. U. W., 48 Minn. 82, 88; Davidson v. Old People’s Mut. Ben. Soc., 39 Minn. 303.</p> <p>The deceased had an insurable interest in his own life, and having taken the certificate on his own application, and paid the premiums himself, was at liberty to name any person as beneficiary. Walter v. Hensel, supra; Olmsted v. Keyes, 85 N. Y. 593; Bloomington v. Blue, supra; Campbell v. New England, 98 Mass. 381, 389; Hill v. United, 154 Pa. St. 29, 36; Milner v. Bowman, 119 Ind. 448; Robinson v. U. S. Mut. Acc. Assn., 68 Fed. 825; American E. L. Ins. Co. v. Barr, 68 Fed. (C. C. A.) 873, 878.</p> <p>Defendant is a mutual benefit society. Jewell v. Grand Lodge A. O. U. W., 41 Minn. 405; G. S. 1894, § 3294. Members of a mutual benefit society and those claiming under them as beneficiaries must take notice of and are bound by its articles of association and bylaws. Davidson v. Old People’s Mut. Ben. Soc., 39 Minn. 303; Hesinger v. Home Ben. Assn., 41 Minn. 516; Mills v. Rebstock, 29 Minn. 380; Finch v. Grand Grove U. A. O. D., 60 Minn. 308; Richmond v. Johnson, 28 Minn. 447; Scheufler v. Grand Lodge A. O. U. W., 45 Minn. 256. Where the statute, the charter, or the by-laws of such a society prescribe who may become beneficiaries, only those who belong to the prescribed class can be beneficiaries. 16 Am. & Eng. Enc. 46; Id. 929, 960; Ownby v. Supreme, 101 Tenn. 16; Knights v. Rowe, 70 Conn. 545; Love v. Clune, 24 Colo. 237; Supreme v. Bennett, 47 N. J. Eq. 39; Skillings v. Massachusetts, 146 Mass. 217; Supreme v. Perry, 140 Mass. 580; Britton v. Supreme, 46 N. J. Eq. 102; Supreme v. Smith, 45 N. J. Eq. 466; Sanger v. Rothschild, 123 N. Y. 577; Alexander v. Parker, 144 Ill. 355; Palmer v. Welch, 132 Ill. 141; Elsey v. Odd Fellows, 142 Mass. 224; Michigan v. Rolfe, 76 Mich. 146; Supreme v. McGinness, 59 Oh. St. 531; Norwegian v. Wilson, 176 Ill. 94. These provisions are general and will control in all matters not specifically provided for; but where there are specific provisions, they will control if there be inconsistency. 23 Am. & Eng. Enc. 426-429. But there is no inconsistency between the provisions of article 14 and the laws and usages of the supreme lodge, nor any attempt to show that they are not consistent.</p> <p>If the certificate is valid, the amount must be paid to the heirs of Maguire. Payment to plaintiff will be no defense, when those heirs present their claim. If defendant could waive its rights in the premises, it could not waive the rights of these heirs, and their right to recover would not be affected by payment to plaintiff. Jewell v. Grand Lodge A. O. U. W., supra. The recorder of a subordinate lodge has not authority to waive the requirement of the constitution as to who may become beneficiaries. 1 Am. & Eng. Enc. (2d Ed.) 987-989. Information received by him will not be imputed to the grand lodge. Trentor v. Pothen, 46 Minn. 298; Sandberg v. Palm, 53 Minn. 252; Jefferson v. Leithauser, 60 Minn. 251; 1 Am. & Eng. Enc. (2d Ed.) 1146-1148; Supreme v. Green, 71 Md. 263; 2 Bacon, Ben. Soc. (2d Ed.) § 429b.</p>

<p>Partnership — Fraudulent Dissolution.</p> <p>From about September, 1880, until October 19, 1894, C., G., and T. were coneededly copartners in the banking business under the firm name ol' the Fillmore County Bank. On the day last mentioned these three persons signed a dissolution notice, in which it was stated that the copartnership was dissolved by mutual consent, and that G. and T. were successors, had assumed all indebtedness, and would collect all accounts. C. retired from all visible participation in the business. G. and T. continued the same until August 20, 1898, when the bank closed its doors, being insolvent. G. died soon afterwards. In this action, brought against C. and T. as surviving members of the firm first above mentioned, by a creditor holding claims on account of deposits made in the bank subsequent to the signing of the dissolution notice, the court below found as a fact that O., G., and T. continued in business as copartners, and under the firm name of the Fillmore County Bank, until the bank closed its doors, and also, in substance, that the alleged dissolution was a sham, and a part of a conspiracy entered into between C. and T. in pursuance of a joint scheme and plan to defraud. Held, that this finding was supported by the evidence.</p> <p>Books of Account — Erasures and Alterations.</p> <p>Held, also, that the trial court did not err when it received in evidence certain entries made in tlie books of account kept in the business of the bank prior to the pretended dissolution, which entries had been erased and altered in pursuance, according to oral testimony, of the aforesaid joint scheme and plan, and which tended to show that large sums of money, the funds of the bank, had been appropriated by C., and that evidence thereof had been removed, wholly, or in part, by these alterations.</p> <p>Hillings of Court.</p> <p>Further rulings of the trial court when receiving the evidence considered and disposed of.</p>

The act is vicious in the extreme, since its evident purpose is the legalizing of a trade union or trust; and its offensive paternalism is in contravention of constitutional limitations. Matter of Jacobs, 98 N. Y. 98, 115. The act cannot be justified as an exercise of police power. Austin v. Murray, 16 Pick. 121; Inhabitants v. Mayo, 109 Mass. 315; Slaughter House Cases, 16 Wall. 36; Coe v. Schultz, 47 Barb. 64; Matter of Jacobs, supra; State v. Donaldson, 41 Minn. 74, 82.

<p>Res Judicata — tissue Decided in Former Action.</p> <p>Where, in a civil action, a material fact, which is decisive of the cause, is tendered as an issue, and not withdrawn, a determination adversely to the party tendering such issue is conclusive against him in a subsequent proceeding involving the same fact, whether he introduced evidence to support such issue or not, and even though other questions were litigated in the former suit.</p>

Action in the district court for Stearns county to recover $840, damages for injuries to a block of granite and a wagon caused by a defective bridge. The case was tried before Searle, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiffs appealed.

Lyman E. Cowdery and Jared G. Wheeler were indicted in the district court for Dodge county for grand larceny in the first degree. Defendants having demanded separate trials, defendant Cowdery was tried before Buckham, J., and a jury, which rendered a verdict of guilty. From an order denying a motion for a new trial, defendant Cowdery appealed. The tickets issued by the firm were contracts of sale, and not of bailment.

John Joseph Tobin filed for allowance in the probate court for Ramsey county an instrument purporting to be the last will of Kate Ludwig, deceased. Eliza Haack and another filed objections, and from an order refusing to allow the will the proponent appealed to the district court for that county. In the district court the case was tried before O. B. Lewis, J., who found in favor of the objectors, and directed judgment affirming the order of the probate court.

Action in the district court for Ramsey county to dissolve a partnership existing between plaintiff and defendant, and for other relief. The case was tried before Kelly, J., who found in favor of defendant, and determined that he was entitled to recover .$2,400 damages. From an order denying a motion for a new trial, plaintiff appealed.

<p>Action in the district court for Polk county to recover $3,952 for work and labor performed in cutting, hauling, and banking logs, and to foreclose a lien theíefor. The case was tried before Watts, J., who found in favor of plaintiffs in the sum of $1,902.39. From an order denying a motion for a new trial, defendant appealed.</p>

Homer S. Minot, Charles F. Hoffman, and James C. Hall, with three other persons, were indicted in the district court for Otter Tail county for robbery in the first degree. The case as against the defendants above named was. tried before Searle, J., and a jury, and resulted in verdicts of guilty as charged. From a judgment entered on the verdicts, defendants appealed.

Action in tbe district court for Hennepin county to recover $1,984.60 on a membership certificate issued by defendant Minnesota Scandinavian Relief Association. The court, Brooks, J., directed a verdict in favor of plaintiff for the amount demanded. From an order denying a motion for a new trial, defendant Lawrence appealed.

<p>In proceedings in the district court for Hennepin county to enforce delinquent personal property taxes for 1897, Franklin Sugar-Refining Company interposed an answer. The matter was tried before Brooks, J., who found in favor of defendant and, at the request of the state, certified to the supreme court certain points for its decision.</p>

In proceedings in the district court for Chisago county to enforce delinquent real estate taxes Henry Beilin interposed an answer. The case was tried before Crosby, J., who directed judgment in favor of the state for $241.28. At the request of defendant certain points were certified to the supreme court for its decision.

Action in the district court for Marshall county to enforce specific performance of a contract. The case was tried before Ives, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed.

Appeal by defendants from an order of the district court for Hennepin county, Simpson, J., overruling a demurrer to the complaint. In the absence of statute, all the allegations of the complaint as to the motive or intent of defendants are immaterial, for the reason that the acts charged are in and of themselves strictly legal, and no legal act can be made illegal by reason of its being actuated by a malicious motive. Bohn Mnfg.

<p>Action in the district court for Hennepin county against defendant, as executrix of the will of Eli B. Ames, deceased, to recover $4,000 damages for decedent’s negligence in failing to replace policies of fire insurance. Tbe case was tried before Bond, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.</p>

Action in the district court for Swift county to recover $600 on a promissory note. The case was tried before Qvale, J., and a jury, which rendered a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

<p>Farming on Shares — Title to Crop in Owner — Chattel Mortgage.</p> <p>A contract for the cultivation of a farm on shares, in and by the terms of which the landowner reserves the title to the cropper’s share of the crops raised, as security for advances made to him, is in legal effect a chattel mortgage, in so far as it operates as security for the payment of such advances, and, to be valid as against subsequent bona fide purchasers, must be filed in accordance with G. S. 1894, § 4129.</p> <p>Tenants in Common.</p> <p>Under such a contract, the parties thereto are, until division, tenants in common of the crops.</p>

Action in the district court for Polk county to recover $507.50 • damages for breach of contract. Tbe case was tried before Watts, J., and a jury, which rendered a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.

<p>Collection by Subagent — Application to Payment of Debt of Principal Agent.</p> <p>A subagent intrusted with the collection of a debt due from a third party may not apply the proceeds of the same to the payment of a claim due himself from the principal agent from whom it came, knowing that it belongs to such party, or in any way divert the funds so collected from a quick and speedy transmission to the owner thereof.</p> <p>Same — Liability of Subagent to Principal.</p> <p>Where the principal agent has forwarded collections to a subagent, and directs the latter to make any use of the funds other than the usual one of their application to the payment of the debt to the principal, and such subagent complies with such direction, he becomes responsible therefor to the principal.</p>

Petition in the district court for McLeod county for a writ of mandamus commanding M. C. Tifft, judge of the probate court of that county, to proceed with the distribution of the estate of George Drew, deceased, without requiring payment of the so-called inheritance or transfer tax provided for by Laws 1897, c. 293, and to make and enter the final decree requisite therefor. From an order, Cadwell, J., denying a motion for a peremptory writ, petitioner appealed.

Action in the district court for Ramsey county to recover $500 damages by reason of defendant’s ejection of plaintiff from its depot building. The case was tried before Brill, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Mandamus in the district court for Hennepin county to compel respondent, as county auditor of that county, to extend on the tax rolls for the year 1899 the tax and levy of nine-tenths of one mill on each dollar of the assessed valuation of the taxable property within the city of Minneapolis, amounting to $96,056.25, levied by resolution of the board of education of said city.

Action in tbe district court for Ramsey county by plaintiffs, as receivers of the Bank of Minnesota, to enforce the individual liability of the stockholders in the bank. The case was tried before Otis, J., who made findings of fact and conclusions of law, and ordered judgment in favor of plaintiffs, as stated in the opinion. From the judgment entered pursuant to such order, plaintiffs and certain of defendants appealed.

Action in the district court for Hennepin county to enforce the liability of stockholders in defendant bank. Judgment was entered in favor of plaintiff and the intervening creditors, determining and adjudging the liability of the stockholders. From an order denying a motion to modify the judgment, W. D. Hale, as receiver of the American Savings &• Loan Association, one of the intervening creditors, appealed.

Appeal by plaintiff from a judgment of the district court for Mower county, entered pursuant to the order of Kingsley, J., and affirming a judgment of a justice of the peace in favor of defendants.

<p>Order of Dismissal not Appealable.</p> <p>Appeal dismissed, because taken from a nonappealable order.</p>

Appeal by plaintiff from a judgment of the district court for Freeborn county, entered pursuant to the order of Kingsley, J., and reversing a judgment of a justice of the peace in favor of plaintiff.

Action in the municipal court of East Grand Forks to recover $300 for conversion. The court, Sullivan, J., found in favor of plaintiff for $210.05, and from a judgment entered pursuant thereto defendants appealed to the district court for Polk county. From a judgment of the district court, entered pursuant to the order of Ives, J., and reversing the judgment of the municipal court, plaintiff appealed.

Action in the municipal court of Mankato to recover $119 and interest for wages. The case was tried before Sliissler, J., who found in favor of plaintiff for $109 and interest. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Morrison county to recover a balance alleged to be due for goods sold. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Appeal by defendant from a judgment of the district court for Hennepin county, entered pursuant to the order of McGee, J., and affirming a judgment of a justice of the peace in favor of plaintiff.

Action in the district court for Carlton county to recover $2,000-for personal injuries. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiff for $500. From an order denying a motion for a new trial, defendant appealed.

Appeal by defendant from a judgment of'the district court for Hennepin county, entered pursuant to the order of Brooks, J., and affirming a judgment of a justice of the peace in favor of plaintiff.

Appeal by plaintiff from an order of the district court for Clay county, Baxter, J., granting a motion to set aside a judgment against defendants Mary Olson and Mathea Olson.

Action in the district court for Ramsey county to recover $250 damages for killing plaintiff’s dog. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $50. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Writ of certiorari issued from the district court for Polli county to the probate court of that county to review an order made in the matter of the estate of Stephen H. Parkhurst, deceased, and denying the petition of relator for an extension of time in which to present a claim against said estate. In the district court the case was tried before Watts, J., who found in favor of relator, and directed judgment that the order be reversed.

Appeal by defendant from a judgment of the municipal court of Duluth in favor of plaintiff for $50.54, entered pursuant to the findings of Edson, J.

Action in the district court for Lac qui Parle county to recover $1,034.50 for work and labor performed, goods sold, and money paid at defendant’s request. The case was tried before Qvale, J., and a jury, which rendered a verdict in favor of plaintiff for $357.16. From an order granting a motion for a new trial unless plaintiff should remit $338.16 from the verdict, plaintiff appealed.

Appeal by defendant Hart from an order of the district court for Benton county, Searle, J., denying a motion to vacate a judgment and for leave to answer.

<p>Appeal from a judgment for $362 in favor of plaintiff, entered in the district court for Lincoln county.</p>

From an order of the probate court of Wright county setting apart to Minerva Tracy, widow of James Tracy, deceased, a portion of the real estate of decedent as a homestead, Mary A. Tracy, the mother of decedent and the proponent of his will, appealed to the district court for said county. In the district court the appeal was heard before Tarbox, J., who found in favor of the «widow.

Action in the district court for Ramsey county for the appointment of a receiver of the property of defendants Harry P. Robinson and August F. Osterlind and for other relief. The court having appointed a receiver, the Dispatch Printing Company, a judgment creditor of said defendants, caused a levy to be made on a portion of the property in the hands of the receiver.

Action in the district court for Cottonwood county to recover $518.lS and interest for conversion. The case was tried before P. E. Brown, J., and a jury, which rendered a verdict in favor of plaintiff for $458.88. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Freeborn county to recover $1,140 for conversion. The case was tried before Kingsley, J., and a jury, wbic.li rendered a verdict in favor of plaintiff and against defendant Davies for $866.80. From a judgment entered pursuant to the verdict, defendant Davies appealed.

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

Action in the municipal court of Minneapolis to recover a balance of $109.10 and interest on two promissory notes. ' The court, Holt, J., granted a motion for judgment on the pleadings in favor of plaintiff for the amount demanded. From a judgment entered pursuant to the order, defendant appealed.

Action in the district court for Kandiyohi county to recover $25,000 for personal injuries. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiff for $7,500. 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 enforce the liability of stockholders in defendant corporation. J. H. Whitely, attorney for plaintiff, petitioned the court to be allowed as compensation for his services the sum of $1,100, or such other sum as the court might deem just and reasonable. From an order, Moer, J., denying his petition, he appealed.

Action in the district court for Sherburne county by Evan B. McCord against Robert J. Knowlton, Elizabeth A. Knowlton, Georgianna B. Orrock and James Orrock, personally and as administrator of the estate of George W. Knowlton, deceased, to set aside as fraudulent as against creditors a conveyance and transfer executed by the said George W. Knowlton and Elizabeth, his wife, to said Robert J. Knowlton and Georgianna B. Orrock (formerly Knowlton).

Action commenced before a justice of the peace in Renville county to recover $90, and interest, damages for conversion of crops. From a judgment in favor of plaintiffs, defendant appealed to the district court for that county, and the action was removed to the district court for Sibley county, where it was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiffs for $94.40. From an order denying a motion for a new trial, defendant appealed.

Action in the municipal court of St. Paul to recover from defendant sheriff of Ramsey county the sum of $132.92, collected by him, with interest. The case was tried before Orr, J., who found in favor of plaintiff for the amount demanded. From a judgment ^entered pursuant to the findings, defendant appealed.

Action in the district court for Hennepin county to recover $1,200 and interest on a promissory note executed by defendant J. H. Mahony, which, as the complaint alleged, defendant Sarah Mahony had agreed to pay. The case came on for trial of the issues raised by the separate answer of Sarah Mahony before Harrison, J., who directed a dismissal of the action. From an order denying a motion for a new trial, plaintiff appealed.

Action before a justice of the peace to recover $49.25 and interest on a promissory note. From g judgment in favor of plaintiff, defendants appealed on questions of law to the district court for Freeborn county, where the case was heard before Kingsley, J,, who made an order of affirmance. From a judgment entered pursuant to the order, defendants appealed.

Action in the municipal court of St. Paul against defendant, as surviving partner of a firm composed of one Isaac Staples and himself, to recover $98 for goods sold and delivered. The case was tried before Hiñe, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Wabasha county by plaintiff, as receiver of Merchants Bank of Lake City, to recover a balance of $236, and interest, on a promissory note made by defendant to the order of the bank. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff for $304.05. From an order denying a motion for a new trial, defendant appealed.

Appeal by plaintiffs from a judgment of the district court for Freeborn county in favor of defendant, entered in accordance with the findings and order of Whytock, J.

Action in the district court for Pipestone county by plaintiffs, as receivers of the Walter A. Wood Mowing & Reaping Machine Company, to recover $225 and interest on an alleged guaranty of payment of certain promissory notes. The case was tried before P. E. Brown, J., and a jury, which rendered a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Nobles county to recover $500 and interest on a promissory note. The case was tried before P. E. Brown, J., and a jury, which rendered a verdict in favor of plaintiff for $705.54. From an order granting a motion for a new trial, plaintiff appealed.

Action in the district court for Winona county by plaintiff, as receiver of the estate of Mels C. Frederiksen, against Michael Hewetson and Bessie Hewetson, his wife, to enforce a. constructive trust. The case was tried before Snow, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff appealed. The money was received from Nunnenmacher charged with a trust in favor of the receiver.

Action in the district court for Cottonwood county to recover $1,000 and interest on a fire insurance policy. The case was tried before P. E. Brown, J., and a jury, which .rendered a verdict in favor of plaintiff for $871.75. From a judgment entered pursuant to the verdict, defendant appealed. Proofs of loss were not furnished “forthwith,” within the meaning of that word as used in the statutory policy.

In proceedings in the district court for Hennepin county under Laws 1899, c. 322, to enforce payment of taxes which became delinquent in and prior to the year 1897, Mary W. Camp interposed an answer making defense against taxes for years prior to 1893 on certain land. The case was tried before Harrison, J., who found in favor of defendant, and certified the case to the supreme court for its determination of the point stated in the opinion.

Action in the district court for St. Louis county to set aside a mortgage foreclosure sale. The case was tried before Ensign, 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 Rice county to recover $2,708.50, and interest, under a contract. The case was tried before Buck-ham, J., and a jury, which rendered a verdict in favor of plaintiff for $2,056.60. From a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for St. Louis county to remove the lien of a judgment from land. The case was tried before Ensign, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Mower county to recover $180, being the penalty imposed by G-. S. 1894, § 1951, for failure to support defendant’s sister after being required by plaintiff so to do. From an order, Kingsley, J., striking out part of the answer, defendant appealed.

From an order of the probate court for Polk county made on the final account of Andrew Eiken, as guardian of Mollie Geline Eiken, a minor, the ward appealed to the district court for said county. In the district court the appeal was heard before C. L. Brown, J., who made findings, as stated in the opinion, and ordered that the order of the probate court be reversed, and the guardian be discharged from further liability.

<p>Taxes — Laws 1899, c. 322 — Unverified Answer.</p> <p>Under Laws 1899, c. 322, where the party defending against the “clearing-up” proceedings to enforce prior tax liens by a new judgment files his answer in court as required by law, it should be verified. But the court may, in its discretion, upon cause shown, relieve such defendant from his omission to do so, and allow the answer to be filed before hearing.</p> <p>Tax Judgments — Statute of Limitations.</p> <p>Under the chapter referred to, all judgments prior to 1898, on which the statute of limitations has not run, are to be included in-the delinquent list provided for in that law.</p> <p>Defenses to Tax Judgments.</p> <p>The tax judgments included in such delinquent list are only open to such defenses in the new proceeding as would have applied to the judgments before the statute was enacted.</p> <p>Statute of Limitations.</p> <p>The statute of limitations applicable to judgments, instead of enforceable tax burdens for the original taxes, applies necessarily in cases where, as held in this case, prior tax judgments are to be included in the new judgment.</p> <p>Sheriff — Mileage.</p> <p>Where several notices under the statute of 1899 are served by the sheriff upon one person, who is the occupant of several tracts, — all notices being served at the same time, — the officer is entitled to full mileage upon each notice served.</p>

Action in the district court for Hennepin county to recover $2,700, and interest, damages for breach of contract. The case was tried before Harrison, J., who, at the close of plaintiffs’ testimony, granted defendant’s motion to dismiss the action. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Freeborn county for the recovery of real estate. The case was tried before Kingsley, J., who directed a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

John P. Nelson was indicted in the district court for Hennepin county for grand larceny in the second degree, committed as stated in the opinion. The court, Simpson, J., made an order overruling a demurrer to the indictment, and at the request of defendant reported to the supreme court certain questions for its determination. The indictment states specifically that the money appropriated was the property of Peterson.

In the matter of the estate of Michael Burns, deceased, pending in the probate court for Hennepin county, F. A. Gilman, administrator, appealed to the district court for that county from an order disallowing certain items of his final account.

Action in the district court for St Louis county against William Fisher, county auditor of Cook county, and Edward F. Patterson and E. R. Jefferson, sureties on his official bond, to recover the sum of $133.39, alleged to have been drawn out of the county treasury by said Fisher in excess of his salary for the years 1892 and 1893.

Action before a justice of the peace against John Brant, defendant, and Chicago, St. Paul, Minneapolis & Omaha Bailway Company, garnishee. The garnishee disclosed that it was indebted to defendant in the sum of $91.41, and the Sioux Trust Company intervened-as claimant of the-fund.

Action in the district court for Martin county by plaintiff, as administrator of the estate of O. E. Wilber, deceased, to recover $111 and interest on promissory notes executed to decedent. The answer set up a counterclaim, and demanded judgment for $1,650. The case was tried before Quinn, J., and a jury, which rendered a verdict in favor of defendant for $1,195. From an order denying a motion for a new trial, plaintiff appealed.

Neis Nelson was indicted for the offense described in the opinion in the district court for Freeborn county. The case was tried before Kingsley, J., and a jury, which rendered a verdict of guilty. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Hennepin county praying that a certain judgment in favor of defendant and'against'plaintiff be offset against a judgment against defendant held by plaintiff, that plaintiff’s judgment be satisfied pro tanto, and that defendant be restrained from enforcing Ms judgment. James D. Shearer, who claimed under an assignment from defendant of his judgment, was made a party defendant.

Action in the district court for Hubbard county to recover a balance of $233.10 and interest for goods sold and delivered and money advanced. The case was tried before Holland, J., and a jury, which rendered a verdict in favor of plaintiff for $318.38. From a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Goodhue county to recover $300 damages for the killing of plaintiff’s horses, by reason of defendant’s negligence in failing to build, maintain, repair, and keep closed a fence. The case was tried before Williston, J., who, at the close of plaintiff’s testimony, granted defendant’s motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $2,000 damages for the ejection of plaintiff and his infant son from defendant’s train. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $200. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. If defendant contracted to carry plaintiff’s son, the expulsion of the boy was wrongful.

Action in the district court for Freeborn county to recover $10,-000 damages for personal 'injuries received while engaged in unloading wood from a car. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $800. From an order denying a motion for a new trial, defendant appealed.

In the matter of the assignment of Fuller’s Laundry Company, a corporation, insolvent, pending in the district • court for Hennepin county, plaintiff, as assignee of the insolvent, petitioned pursuant to Laws 1899, c. 272, that the court direct and levy an assessment on the stockholders.

Action in the district court for Big Stone county to recover $6,086.52 damages for refusal to deliver wheat pursuant to Laws 1895, c. 148, § 4. The case was tried before C. L. Brown, J., who at the close of plaintiff’s testimony granted defendant’s motion for a dismissal of the action. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $1,326 and interest on a certificate of deposit. The case was tried before Bunn, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to recover possession of real property and for $1,200 damages for detention of the premises. The case was tried before Cant, J., who made findings pursuant to which judgment was entered as set forth in the opinion.

Action in the district court for Morrison county to recover $52.05 and interest for the services of a man and team furnished to defendant at its request. The case was tried before Searle, J., who directed a verdict in favor of plaintiff for the amount demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was indicted in tlie district court for Wright county for grand larceny in the second degree. The case was tried before Giddings, J., and a jury, which rendered a verdict of guilty. From a judgment by which defendant was sentenced to be confined in the state reformatory, he appealed.

Action in the district court for Clay county for an accounting and for a reconveyance of certain land. The case was tried before Baxter, J., who found in favor of defendant. JFrom an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Polk county to recover $124.99 for labor and materials, and to foreclose a mechanic’s lien therefor. The case was tried before Watts, J., who found that plaintiff was entitled to recover against defendants Grover and Jacobi in the sum of $60. From a judgment entered pursuant to the findings, those defendants appealed.

Action in the district court for Polk county to restrain defendants from obstructing a ditch, and to recover $150 damages for obstructing the same. The case was tried before Watts, J., who found that plaintiff was entitled to the relief demanded and to $50 damages. From a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Faribault county to recover $5,'000 damages for slander. The case was tried before Quinn, J., and a jury, which rendered a verdict in favor of plaintiff for $150. 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 determine adverse claims to land. The case was tried before Moer, J., who found in favor of defendants. From an order denying a motion for a new trial, and also from a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Becker county to establish plaintiff’s title to a building. The case was tried before Baxter, 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 Wilkin county to recover $50.50, and interest, damages for the wrongful seizure under attachment of 112 bushels of oats and 75 bushels of barley. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $56. From an order granting defendant’s motion for a new trial unless plaintiff consent to a reduction of the verdict to $29, plaintiff appealed.

Action in the district court for Wright county to recover $200, and interest, damages for the conversion of a note and mortgage. Lizzie Stowell intervened. The case was tried before Giddings, J., and a jury, which rendered a verdict in favor of plaintiff and against defendant and the intervenor for $263. From an order denying a motion for a new trial, the intervenor appealed.

<p>Violation of Court Rule — Costs Denied.</p>

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

Action in the district court for Crow Wing county to recover $2,000 on a certificate of insurance. The case was tried before Holland, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Blue Earth county to reform a deed and to bar the title of Julius Heaton and three others, minors, in the premises. The case was tried before Severance; J., who found in favor of plaintiff, and judgment .pursuant to the findings was entered. Subsequently to the coming of age of the minors an order was made vacating the judgment, from which order plaintiff appealed.

Action in the district court for Blue Earth county to recover $200 damages for trespass. The case was tried before Severance, J., and a jury, which rendered a verdict in favor of defendants. From an order granting a motion for a new trial, they appealed.

Appeal by Kentucky Jeans Clothing Company from a judgment of the district court for Hennepin county allowing the claim of Almenda L. Kenshaw against defendant company, and permitting her to share in the fund’involved in the action, entered pursuant to the findings of Harrison, J.,

Action in the district court for Hennepin county to enforce the liability of stockholders in defendant corporation. The case was tried before Simpson, J., who found in favor of plaintiffs. From an order denying a motion for a new trial, certain defendants appealed. The corporation was not dissolved because of the assignment, nor did it release plaintiffs from their office or duties as directors. 2 Morawetz, Corp. § 636; 5 Thompson, Corp. § 6582; Second Nat.