Volume 80 — Minnesota Reports

Action in the district court for Ramsey county to recover $10,000 damages for personal injuries to plaintiff’s minor son. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $4,500. The court made an order denying a motion for judgment notwithstanding the verdict, but granting a new trial unless plaintiff consented to a reduction of the verdict to $3,500.

Action in the district court for Fillmore county to recover $400 damages for filling up a culvert, diverting water, and discharging it on plaintiff’s land. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $125. From an order denying a motion for a new trial, defendant appealed. An owner may improve his land for the purposes for which such land is ordinarily used, and may do what is necessary for that purpose.

Action in the municipal court of St. Paul to recover $360 and interest for money received by defendant from one W. H. Griffin under an agreement that defendant would obtain for Griffin a liquor license, which defendant failed to do. Plaintiff was assignee of Griffin’s claim. The case was tried before Orr, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

In proceedings in the district court for Hennepin county to enforce collection of taxes on real estate for 1897, Northwestern Telephone Exchange Company interposed an answer.

From a judgment of a justice of the peace in favor of plaintiff, defendant appealed to the district court for Stearns county, and having failed to enter the appeal on the calendar made a motion for leave so to do, which was denied by the court, Searle, J. Judgment was thereupon entered in favor of plaintiff, from which defendant appealed.

Action in the district court for Crow Wing county to recover $300 damages for injury to mules. The case was tried before Holland, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in tbe district court for Polk county to recover $5,000 for personal injuries. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $850. The court made an order denying defendant’s motion for judgment notwithstanding the verdict, but granting a new trial unless plaintiff consent to a reduction of the verdict to $500, from which order, plaintiff having consented, defendant appealed.

In an action pending in the district court for Pine county between the town of Hinckley, plaintiff, and Kettle River Railroad Company, defendant, plaintiff filed a supplemental complaint seeking to enforce the liability of stockholders in defendant company, and they were made parties defendant, and appeared and answered.

From an order of the supervisors of towns of Martinsburg and Wellington laying out a highway, John Hurst appealed to the district court for Renville county. In the district court the appeal was heard before Powers, J., who found in favor of appellant. From a judgment reversing the order of the supervisors respondent towns appealed to the supreme court.

Action in the district court for Ramsey county to recover $2,500 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $300. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>Appeal by defendant from an order of the municipal court of Minneapolis, Kerr, J., overruling a demurrer to the complaint.</p>

Action in the municipal court of Duluth against defendant, as receiver of the Duluth Street Railway Company, insolvent, to recover $499 for personal injuries. The case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff for $170. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>Drainage of Wet Lands — Laws 1887, e. 97.</p> <p>Laws 1887, e. 97, being an act providing for the drainage of wet and swampy lands in the interests of the public health, convenience, and welfare, held valid as a proper exercise of the police power.</p> <p>Same — Laws 1887, e. 98.</p> <p>Said chapter was not repealed by implication by Laws 1887, e. 98. Both acts were intended by the legislature as independent statutes.</p> <p>Title of Act — Subject.</p> <p>If the subject of an act of the legislature, as stated in the title, be sufficiently broad and comprehensive to indicate the general 'character and purpose of the act, there is a sufficient compliance with the constitutional requirement that the subject of each act of the legislature shall be expressed in its title.</p> <p>Same — Laws 1887, c. 97.</p> <p>The title to Laws 1887, e. 97, aforesaid, held a sufficient compliance with the constitutional requirement.</p> <p>Assessment of Cost.</p> <p>It is competent for the legislature, in the enactment of laws providing for public improvements in the interests of the public health, comfort, and convenience, to provide that the cost and expense of such improvements be assessed against lands benefited and improved thereby, and chapter 97 aforesaid is not open to the objection that such assessment is unequal taxation.</p>

Petition by Michael Fohl and others to the village council of the village of Sleepy Eye Lake to open and extend a street. The prayer of the petitioners having been denied by the village council, they appealed to the district court for Brown county. The appeal was heard before Webber, J., and a jury, which rendered a verdict that the order appealed from be reversed and the street be laid out and opened.

Action before a justice of the peace against H. Bergman, defendant, and Great Northern Railway Company, garnishee. From a judgment in favor of plaintiff and against the garnishee for $46.45 and costs, the garnishee appealed to the district court for Hennepin county on questions of law. In the district court the appeal was heard before Brooks, J., who made an order affirming the judgment.

Action of ejectment in the district court for Hennepin county. On a second trial, the case was tried before Brooks, J., who directed a verdict in favor of defendants. After denial of a motion for judgment notwithstanding the verdict or for a new trial, judgment was entered pursuant to the verdict. From the judgment, plaintiff appealed.

Action in the district court for Mower county to recover $225 damages for injuries to plaintiff’s horses, wagon, and harness. The court, Kingsley, J., made an order granting 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.

Appeal by plaintiff from an order of the district court for Winona county, Snow, J., sustaining a demurrer to the first cause of action set forth in the complaint.

Action in the district court for Blue Earth county to recover $30,-000 damages for personal injuries. The case was tried before Severance, J., and a jury, which rendered a verdict in favor of plaintiff for $8,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Norman county to recover $5,000 damages for injuries to crops caused by defendant’s negligent maintenance of its railroad without sufficient culverts and by construction of the same so as to obstruct a natural water course, whereby ■water overflowed plaintiff’s land. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $532.40.

Appeal by certain defendants from an order of tbe district court for Freeborn county, Kingsley, J., overruling a demurrer to the complaint.

Appeal by defendant from an order of the district court for Ramsey county, Brill, Otis, and Bunn, JJ., directing the issue of a writ of peremptory mandamus requiring defendant to repair a bridge in accordance with plans and specifications. The order of the court below was in defiance of G. S. 1894, § 5976. If defendant is bound to repair, the city can, after demand, make the repairs reasonably necessary and recover their cost.

Proceedings in the district court for Ramsey county to enforce payment of delinquent taxes on real estate.

Action in tbe district court for Stearns county to recover $25,000 for personal injuries. Tbe case was tried before Searle, J., and a jury, wbicb rendered a verdict in favor of plaintiff for $500. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county by a judgment creditor of defendant corporation for sequestration of its property. Horace R. Robinson, having been appointed receiver of defendant, filed a petition, pursuant to Laws 1899, c. 272, for an assessment of the stockholders. From an order, Brooks, J., directing such assessment, Louis D. Kilbourne and other stockholders appealed.

Action in tbe district court for Ramsey county to recover |1,-513.45 on a fire insurance policy. The case was tried before Kelly, 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 Hennepin county to recover $15,-000 damages for slander. The case was tried before Pond, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

<p>Service of Summons upon Foreign Insurance Company — Taxation of Costs on Motion.</p>

Action in the district court for Bamsey county to recover $600 on a fire insurance policy. Defendant obtained an order to show cause why the service of the summons should not be set aside on the ground that the court had no jurisdiction of defendant, which after hearing was discharged by Bunn, J. Defendant having answered, the case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $617.50.

<p>Street Railway — Collision with Fire Apparatus.</p> <p>This ease is identical in its facts with Warren v. Mendenhall, 77 Minn. 145; and upon the questions arising upon such facts, reviewed and settled in that ease, the order of the trial court is affirmed.</p> <p>Assignments of Error.</p> <p>Minor assignments of error considered, and held to be without merit.</p>

Action in the district court for Cottonwood county to recover $1,200, and interest, on a fire insurance policy. The case was tried before P. E. Brown, J., who found in favor of plaintiff for $897.30, and interest. From an order denying a motion for a new trial, ■defendant appealed.

Action in the municipal court of Duluth to recover $250 under a contract of sale. The case was tried before Edson, 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 municipal court of Minneapolis to recover $200 and interest for professional services performed at defendants’s request. The case was tried before Holt, J., and a jury, which rendered a verdict in favor of plaintiff for $200. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Polk county to recover possession of machinery or $200 damages in case possession could not be had. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of defendants, finding that they had a lien for $62.50. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Otter Tail county to foreclose a mortgage. The case was tried before Cant, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed. Municipal corporations have only such powers as are granted by the legislature creating them. Power not granted is withheld; powers granted are strictly construed. 1 Dillon, Mun. Corp. (3d Ed.) § 89; Coates v. Campbell, 37 Minn. 498.

Action in tbe district court for St. Louis county by plaintiff, as administrator of the estate of Arthur Twaddle, deceased, against defendant, as receiver of the Duluth Street Railway Company, insolvent, to recover $5,000 damages on account of the death of decedent. The case was tried before Moer, J., and a jury, which rendered a verdict .in favor of defendant. From an order granting a motion for a new trial, defendant appealed.

Petition in the probate court for Olmsted county by Emery H. Cunningham that an instrument purporting to be the last will and testament of Robert F. Cunningham, deceased, wherein petitioner was named as executor, be admitted to probate. Robert J. Cunningham and others filed objections, and from an order admitting the will to probate, appealed to the district court for said county. In the district court the case was tried before Snow, J., who found in favor of proponent.

In the matter of the assignment of Frank H. Page, insolvent, pending in the district court for Hennepin county, on the final report of John Hay, the assignee, the court, Brooks, J., made an order directing the assignee to pay a certain judgment out of the funds in his hands, after payment of his fees and disbursements and the fees of his attorney.

<p>Appeal by plaintiff from an order of the municipal court of Minneapolis, Holt, J., sustaining a demurrer to the complaint.</p>

Alternative writ of mandamus issued from the district court for Ramsey county to compel defendants Minneapolis & St. Louis Railroad Company and St. Paul & Duluth. Railroad Company to adopt a joint rate fixed by order of relator and dividing the moneys to be earned thereby as directed by the order. The case was tried before Bunn, J., who found in favor of relator.

Action in the district court for Pine county to recover $130,000 and interest, damages for injury to property occasioned by fire alleged to have been set by defendant’s engine. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for $57,535.62. 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 against Leverette N. Case, as manager of the water plant of the board of water and light commissioners of the city of Duluth, the members of said board, and said city to enjoin defendants from cutting off the supply of water from plaintiff’s building. From an order, Moer, J., denying a motion for a temporary injunction, plaintiff appealed.

Defendant was convicted in tbe district court for Redwood county, Webber, J., of the crime of carnally knowing and abusing a female child under the age of sixteen years. From an order denying a motion for a new trial, defendant appealed.

Defendant was convicted in the district court for Goodhue county, Williston, J., under the provisions of the bastardy act. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Pipestone county by plaintiff as assignee of H. P. Lewis, insolvent, to recover possession of a stock of merchandise, or $4,000 in case a return could not be had, and $1,000 damages for the detention. The case was tried before P. E. Brown, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

<p>Logging Contract — Validity of Eescale — Evidence.</p> <p>The parties hereto entered into a contract whereby the plaintiff agreed to cut and haul certain logs for the defendant for a stipulated compensation per one thousand feet, the logs to be scaled by a scaler agreeable to both parties. The plaintiff was dissatisfied with the result of the scale, and the logs were rescaled by a deputy of the surveyor general, and this action was brought to recover for cutting and hauling the number of feet of logs shown by the official scale. The jury found that such rescale was made by agreement of tbe parties. Upon a consideration of the evidence, held-.</p> <p>1. That sneh agreement was not void for want of a consideration to support it.</p> <p>2. That the rescale was not void because the official sealer was selected without notice to the defendant.</p> <p>3. That the official scale was valid, and a certified copy of the record thereof was rightly received in evidence.</p>

Action in the district court for Le Sueur county to recover $10,000 for personal injuries. The case was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the district court for Fillmore county against Julia F. Greenleaf and Maurice E. Todd, as principals, and M. T. Grattan and others, as sureties on a bond. The issues arising on the answer of defendant sureties were tried before Kingsley, J., and a jury, which was directed to render a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Winona county to recover $5,300 for personal injuries. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was convicted in the district court for Itasca county of forgery in the second degree, whereupon the court, Holland, J., at his request certified to the supreme court for its determination the question whether the indictment stated facts sufficient to constitute a public offense.

Action in the district court for Ramsey county by plaintiffs as trustees under the will of John L. Merriam, deceased, to obtain a construction of the will. Charles A. Appleton, a judgment creditor of Robert H. Merriam, intervened. The case was tried before Lewis, J., who made findings of fact, and as conclusion of law determined the construction of the will. From a judgment entered pursuant to the findings, plaintiffs appealed.

Action in the district court for Hennepin county to enforce a mechanic’s lien. Defendant Cederstrand claimed a co-ordinate lien for labor and materials. The case was tried before Elliott, J., who found against defendant Cederstrand. From an order denying a motion for a new trial, he appealed.

Appeal by defendant from an order of the municipal court of Duluth, Edson, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

<p>Proceeding in the district court for Ramsey county for collection of delinquent personal property taxes for 1898. The case was tried before Kelly, J., who made findings of fact, and as conclusion of law found that plaintiff was entitled to judgment for $6,849.86, being the amount of the tax on a valuation of $302,374.47. On application of defendant the court certified to the supreme court for its determination the points stated in the opinion.</p> <p>Defendant’s credits, evidenced by notes secured by mortgages on real estate situate in Minnesota, were not personal property within the state for purposes of taxation, and were not assessable and taxable as such. As defendant was not a resident of this state, there was no jurisdiction over it. In matter of Jefferson, 35 Minn. 215; State v. Scottish-American Mort. Co., 76 Minn. 155. A credit, which cannot be regarded as situated in a place merely because the debtor resides there, is, as a rule, deemed to have its situs where it is owned, that is, at the domicile of the creditor. An exception, indeed, to this general rule has been recognized, to-wit: Where a nonresident creditor places his credit in the hands of a resident agent for collection or renewal, with a view to reloaning the money and keeping it invested as a permanent business, in such case the creditor is regarded as having given it a “business situs” within the state, and the credit is deemed to have its situs where and so long as it is so controlled, — that is, at the domicile of the agent. In matter of Jefferson, supra; State v. Scottish-American Mort. Co., supra. The mere fact that the notes and mortgages are or are not in the possession of the agent is immaterial in determining whether the credit has a “business situs,” except in so far as the possession of the instruments might be an element in establishing the nature and extent of the control exercised by him. See Bristol v. Washington Co., infra. Hence credits, though evidenced by promissory notes and mortgages belonging to a nonresident, and in the hands of an agent in the state where the debtor resides for collection, do not thereby acquire a business situs, and are not liable to taxation in the latter state. Myers v. Seaberger, 45 Oh. St. 232; Herron v. Keeran, 59 Ind. 472; City v. Armour (Miss.) 24 South. 224; Finch v. County, 19 Neb. 50.</p> <p>The taxability of credits belonging to nonresidents has been before this court in City of St. Paul y. Merritt, 7 Minn. 198 (258); In matter of Jefferson, supra; State v. Scottish-American Mort. Co., ■ supra. The decisions in these cases establish the following propositions : (1) Except for G. S. 1894, § 1515, subd. 2, requiring agents and attorneys to list personal property by them “invested, loaned, or otherwise controlled,” and section 1516 providing that personal property shall be assessed “where the agent resides,” there is no legislative authority for assessing or taxing credits belonging to nonresidents. (2) Credits. belonging to nonresidents cannot be taxed in Minnesota unless they are in the hands of an agent or attorney whose duty it is to list them as personal property by him “invested, loaned, or otherwise controlled.” These,decisions also show the limits of the general rule, which exists independently of statute and declares that credits belonging to nonresidents are not properly within the state, and of the exception in the case of credits having a business situs; and show that the present case falls within the rule and not within the exception. The distinction between cases like the Jefferson case, where the agent is compelled to list credits controlled by him as a permanent investment, and cases like the Scottish-American Mortgage Co. case and the present case, where the agent’s authority does not extend beyond collection, and he is hence not compelled to list them, is further illustrated by the following cases from other jurisdictions, in most of which the statutory provisions were substantially identical with those in force in Minnesota; and in which the principles declared in the Minnesota cases are affirmed. Myers v. Seaberger, supra; Walker v. Jack, 60 U. S. App. 124, 31 C. C. A. 462, 472, note (reversing Jack v. Walker, 79 Fed. 138), 96 Fed 578; Goldgart v. People, 106 111. 25; Finch v. County, supra; City v. Armour, supra; Bristol v. Washington Co., 177 TJ. S. 133. There is no continuance of a business situs of a credit irrespective of the control of the agent. In matter of Jefferson, supra; Goldgart v. People, supra; Myers v. Seaberger, supra. New Orleans v. Stemple, 175 U. S. 309, is not in point, since it arose under statutes totally different from those of Minnesota, which expressly authorized the taxation of notes and mortgages when found in concrete form within the state.</p> <p>Under G. S. 1894, §§ 1526, 1527, the owner of credits who fails to claim deduction on account of indebtedness when listing the credits with the assessor and in the manner therein provided, is not thereby precluded from thereafter making such claim, although no excuse for such failure be shown. G. S. 1894, §§ 1526, 1527, as construed by the trial court, are invalid, on the ground that they are in conflict with Const, art. 9, §§ 1, 8. “Credits,” as used in the constitution, is the excess (if any) of the taxpayer’s demands over his debts. State v. Moffett, 64 Minn. 292. If no such excess exists, no “credits” exist. Hence, if G. S. 1894, §§ 1526, 1527, authorize the assessor in such cases, whenever no claim for deduction was made as therein provided, to make an arbitrary assessment upon “credits,” which shall be final, then these sections authorize the taxation of property which does not exist. See McCormick v. Fitch, 14 Minn. 185 (252).</p> <p>In all cases of arbitrary assessment the taxpayer has, at least, the right to appear before the proper board of equalization, and if it be shown that the excess in the assessor’s valuation was so gross that it cannot be accounted for on any ground of mere bona fide misjudgment of value, but must have resulted from fraud,- or from demonstrable mistake of fact or of law, or that his valuation did not express any bona fide estimate or opinion on his part as to the value of the property, the assessment must be reduced by the board to such sum as in its bona fide judgment is the true value; and if the board refuses so to do, it is the duty of the district court to pass upon the question and to reduce the assessment when the facts are made to appear upon answer to the citation. County of Otter Tail v. Batchelder, 47 Minn. 512; State v. William Deering & Co., 56 Minn. 24. See also State v. Board of Public Works, 27 ' Minn. 442; State v. District Court, 29 Minn. 62. Failure to list does not deprive the owner of the right to apply for a correction of the assessment to the board of equalization'. Thompson v. Tinkcom, 15 Minn. 226 (295). To sustain an assessment on “totally worthless” credits would be practically confiscation; and this portion at least of the credits did not exist in any sense that would make it the duty of the owner to list them or that could lawfully make them the subject of taxation. Exchange v. Hines, 3 Oh. St. 1. G. S. 1894, § 1536, in so far as it attempts to compel the valuation of absolutely valueless credits at their face value, or of credits at their face value when it exceeds their true value, is in conflict with Const, art. 9, § 3. McCurdy v. Prugh, 59 Oh. St. 465.</p> <p>Defendant was entitled to the benefit of the abatement of city and county taxes granted by the board of abatement. There is nothing in the language of G. S. 1894, § 1652, which repeals the provisions of Sp. Laws 1876, c. 212, § 5.</p>

Action in the district court for Washington county to recover $1,510 damages for injury to plaintiff’s land. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of plaintiff for $125. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Hennepin county, Simpson, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a verdict in favor of plaintiff for $1,049.20.

Otis, a judge thereof, to review an order of said court overruling the objections of relators to an assessment for street paving, made by the board of public works of the city of St. Paul, and directing judgment against the property of relators. This proceeding is the taking of property without due process of law. See State v. District Court, 29 Minn. 62; State v. District Court, 51 Minn. 539.

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

Appeal by defendants from an order of the district court for Goodhue county, Williston, J., denying a motion for a new trial, after a conviction of the offense described in the opinion.

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

Action of ejectment in the district court for St. Louis county. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of defendants. From a judgment entered pursuant to the verdict, plaintiff appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., granting a motion for a new trial as to defendants Coughlin and Murphy.

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

Action in the district court for Ramsey county to recover $140 for injuries to a horse and wagon. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $100.-From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action of ejectment in the district court for Polk county. The case was tried before Ives, J., who directed a verdict in favor of defendant. From a judgment entered pursuant to the verdict, plaintiff appealed.

Action in the municipal court of Duluth to recover $500 damages for wrongful eviction. The case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff for $300. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Appeal by defendant Anderson from a judgment of the district court for St. Louis county in favor of plaintiff, entered pursuant to the findings of Moer, J.

Action in the district court for Stevens county against defendant Munro, sheriff of said county, and McCormick Harvesting Machine Company to recover $200 damages for wrongful seizure of wheat. The case was tried before Steidl, J., and a jury, which rendered a verdict in favor of plaintiff for $192.05. From an order denying a motion for a new trial conditionally on plaintiff’s consent to reduction of the verdict to $125, to which plaintiff consented, defendants appealed.

Action in the municipal court of St. Paul to recover $100 on an assignment of salary. The case was tried before Orr, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Hennepin county to foreclose a mortgage. The case was tried before Elliott, J., who found in favor of plaintiff. From a,n order denying a motion for a new trial, defendants appealed.

Action in the district court for Itasca county to determine adverse claims. The case was tried before Holland, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff Brown appealed.

<p>Appeal by defendants from a judgment of the district court for Hubbard county, Holland, J.</p>

Action in the district court for St. Louis county to set aside a certain judgment for $10,032.20 in favor of defendant Stearns, as receiver of the Northwestern Loan & Investment Company, and the sale of certain lands upon execution under said judgment. From an order overruling demurrers to the complaint, Cant, J., defendant Stearns and others appealed.

Appeals by defendant board from an order of the district court for Freeborn county, Kingsley, J., reversing and vacating an order of said board laying out and establishing a highway, and from an order denying a motion for a new trial.

Action in the district court for St. Louis county for an accounting between plaintiff and defendant townships and to determine the amount of public debt including certain bonded indebtedness of plaintiff township contracted before its division and the part thereof payable by each township. The case was tried before Moer, J., who made findings of fact, and as conclusion of law found that defendant township of Grand Lake was indebted to plaintiff in the sum of $2,333.24.

Action in the municipal court of St. Paul to recover $155.91 for goods sold and delivered. The case was tried before Orr, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiffs appealed.

Two actions in the district court for Ramsey county to recover damages for personal injuries, the one by Tillie Wosika by her guardian ad litem to recover $1,550, the other by Joseph Shindelus by his guardian ad litem to recover $1,200. The cases were tried before Kelly, J., and a jury, which rendered verdicts in favor of plaintiff in each case. From an order in each case denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>City of St. Paul — Sp. Laws 1891, e. 6 — Services of Attorney.</p> <p>Held, Sp. Laws 1891, c. 6, § 11, approved March 24, 1891, abrogated the authority otherwise existing, under the charter of the city of St. Paul, to compensate for legal services rendered to the city by one not a member of the regular legal department of the city.</p>

Action for divorce in tbe district court for Fillmore county. The case was tried before Kingsley, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Appeal by plaintiff, substituted in place of David C. Bell as receiver of the City Bank, from a judgment of the district court for Hennepin county, entered pursuant to the findings of McGee, J.

Appeal by plaintiff from an order of the district court for Bamsey county, Otis, J., sustaining demurrers to the complaint.

Action in the district court for Ramsey county to recover $20,000 damages for personal injuries. The case was tried before Otis, J., and a jury, which rendered a verdict in favor of plaintiff for $5,190. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Goodhue county to recover $200 and interest on a promissory note, payment whereof was guarantied by defendant. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover damages for unlawful detention of a sawmill site. The case was tried before Cant, J., and a jury, which rendered a verdict for $645 in favor of plaintiffs. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for McLeod county by plaintiff, as administratrix of the estate of William H. Hooper, deceased, to recover $5,000 on account of his death. The case was tried before Cad well, J., and a jury, which rendered a verdict in favor of plaintiff in the amount demanded. From an order denying a motion for a new trial, defendant appealed.

<p>Action in the municipal court of Minneapolis to recover $230 for work and labor. The case was tried before Kerr, J., who directed 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 Houston county to recover possession of four horses and two promissory notes or their value. The case was tried before Kingsley, J., who directed a verdict in favor of defendant, and the jury rendered a verdict assessing his damages by reason of the taking and withholding of possession at $297, and the value of the property at $250. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $5,-862.21 on a bond executed by defendant White as plaintiff’s guardian and by defendants Norris and McDonnell as sureties. The case was tried before Moer, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants Norris and McDonnell appealed.

Action in the district court for Bamsey county to recover $5,000 for personal injuries. From an order, Bunn, J., overruling a demurrer to the complaint, defendant appealed.

Action in the district court for Bamsey county to recover $5,0.00 for personal’ injuries. The case was tried before Otis, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $883.-65 and interest on a promissory note. The case was tried before McGee, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $10,-000 for personal injuries. The case was tried before Simpson, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $25,000 for personal injuries. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

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

Appeal by Louisa L. Campbell and others from an order of the district court for Ramsey county, Brill, J., substituting them as defendants in place of Thomas B. Campbell, deceased. In the absence of some reason, to be found in the context, for placing another construction on the term, “personal representative” means the executor or administrator. Walter v. Hensel, 42 Minn. 204. There is nothing in the context of the statute disclosing any reason for extending the meaning.

<p>Notice of Appeal from Justice Court.</p> <p>A notice of appeal from a judgment in a justice court, signed by the defendant’s attorney as such, is good, although neither the defendant nor his attorney appeared in justice court.</p> <p>Answer in District Court by Defendant in Default.</p> <p>Where a defendant in a justice court, who fails to appear and answer in such court, appeals to the district court, he is not entitled to answer in the latter court as a matter of course. He must show facts tending to excuse his default, as a basis for the exercise of the court’s discretion in permitting him to answer.</p> <p>Amendment of Pleading.</p> <p>When, in such a case, the plaintiff amends his complaint in the district court, thé defendant has a right to answer it, as a matter of right.</p> <p>Rulings of Court.</p> <p>Certain rulings of the trial court as to the admission of evidence, stated in the opinion, considered, and held correct.</p> <p>Costs and Disbursements in District Court.</p> <p>When, on appeal from justice court, the plaintiff’s recovery is reduced one-half, the defendant is entitled to costs and disbursements in the district court, although he made default in the justice court.</p>

<p>Tax Judgment — Description.</p> <p>The tax judgment described in the opinion held void on its face for uncertainty in the description of the land and in the statement of the amount of the judgment.</p>

Action in the district court for Ramsey county by plaintiff, as administratrix of the estate, of Gustaf Sandberg, deceased, to recover $5,000 damages on account of the death of decedent. The case was tried before Jaggard, J., and a jury, which rendered a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

In the municipal court of St. Paul, Orr, J., defendants were convicted, under separate complaints, of selling baking powder which was not labelled as required by Laws 1899, c. 245. From the judgments of conviction they respectively appealed.

Action in the district court for Clay county by plaintiff, as ad- • ininistrator of Henry Gowenlock, deceased, to recover $5,000 damages on account of his death. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action of replevin in the district court for Douglas county by plaintiff, as administratrix of the estate of O. E. Nash, deceased. The case was tried before Baxter, J., and a jury, which rendered a verdict that defendants were the owners and entitled to the return of the property, that its value was $801.20, and that defendants had sustained $224 damages by reason of its detention.

Action in tbe district court for Houston county to determine adverse claims to real estate against defendant Gorman, and all other persons or parties, unknown, claiming any right, title, estate, lien or interest therein. The, case was tried before Kingsley, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants Gorman and Ott appealed.

Action in the district court for Mower county to recover $740 for goods sold and delivered. Defendants by amended answer set up a counterclaim. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of defendants for the amount claimed. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for St. Louis county against Pat Liston, defendant, and L. W. Eolleston, garnishee. The garnishee having made disclosure denying indebtedness, plaintiff filed a supplemental complaint, and F. L. Murray intervened. The testimony was taken before a referee, and on his report the court,' Cant, J., found in favor of plaintiff and against the garnishee. From an order denying a motion for a new trial, the garnishee appealed.

Action before a justice of the peace to recover $40 for rent. From a judgment in favor of defendants, plaintiffs appealed to the district court for said county. In the district court the case was tried before Harrison, 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 Clay county against I. E. Mills, defendant, to recover $612 on a contract, and against R. J. Pratt, as garnishee. The garnishee disclosed an indebtedness of $1,400 to defendant. From an order, Baxter, J., denying the garnishee’s motion to dismiss the action and the garnishee proceedings, he appealed.

Action of ejectment in the district court for Mower county. From a judgment in favor of defendants, entered pursuant to the findings of Quinn, J., plaintiff appealed.

Action in the district court for Ramsey county to recover $22,075 damages for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the district court for Watonwan county by plaintiff, as receiver of the Madelia Farmers’ Warehouse Company, to set aside a mortgage and a foreclosure sale had thereunder, The case was tried before Severance, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

Action in the municipal court of Duluth against James Bishop, defendant, and Scott & Holston Lumber Company, garnishee. From an order, Gearhart, special judge, setting aside a judgment in favor of plaintiffs and against the garnishee and releasing it from liability to plaintiffs on account of certain processes of garnishment theretofore issued, plaintiffs appealed. ■

Action in the district court for Freeborn county to determine adverse claims to land. The case was tried before Kingsley, J., who found in favor of plaintiff as to an undivided two-thirds interest and in favor of defendant Anna Mathea Madson as to an undivided one-third interest. From an order denying a motion for a new trial, all the defendants except Anna Mathea Madson appealed.

Action in the district court for Hennepin county to recover $20,-100 damages for personal injuries. The case was tried before McGee, J., and a jury, which rendered a verdict in favor of plaintiff. Defendant made a motion for judgment in its favor notwithstanding the verdict or for a new trial. The court made an order denying the motion for judgment, but granting a new trial unless plaintiff consent to a reduction of the verdict.

Action in the district court for St. Louis county to recover $1,999 for personal injuries sustained by plaintiff’s minor child. The case was tried before Ensign, 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>Street Bailway — Collision.</p> <p>These are personal injury actions. Held, in each ease:</p> <p>Negligence and Contributory Negligence.</p> <p>1. That the finding of the jury to the effect that the defendant was guilty of negligence, and the plaintiff was not chargeable with contributory negligence, is sustained by the evidence.</p> <p>Verdict Excessive.</p> <p>2. That the amount of damages in one of the cases is excessive.</p>

Action of ejectment in the district court for St. Louis county. Tbe case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Goodhue county to recover $825 and interest on promissory notes. The case was tried before Williston, 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.

Action of ejectment in the district court for Morrison county. The case was tried before Searle, J., who found in favor of defendants, whereupon judgment was entered pursuant to the findings. From an order granting a second trial, defendants appealed.

Action in the municipal court of St. Paul to recover $500 on a fire insurance policy. The case was tried before Hiñe, 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 Washington county to recover the balance of the contract price for erecting a standpipe. The case was tried before Williston, J., who directed a verdict in favor of plaintiff. From an order granting a motion for a new trial, plaintiff appealed.