Volume 81 — Minnesota Reports

Action in tbe district court for Hennepin county to recover $2,500 on a life insurance policy. Tbe case was tried before Pond, J., and a jury, wbicb rendered a verdict in favor of plaintiff. From an order granting a motion for judgment in favor of defendant notwithstanding tbe verdict, plaintiff appealed.

Action in the district court for Aitkin county to recover for services performed as surveyor general of logs and lumber for the second district in surveying, scaling, and scale-marking logs, and in recording stamp and bark-log marks, .and for mileage and expenses incurred. Defendants interposed a counterclaim for $1,600. One cause of action was withdrawn, and on three the court, Holland, J., instructed the jury that plaintiff was entitled to recover $706.35.

Appeal by plaintiffs from an order of the district court for Scott county, Cadwell, J., overruling a demurrer to part of the answer of defendant corporation, Evangelical Lutheran Joint Synod of Wisconsin, Minnesota, Michigan, and Other States.

Action in tbe district court for Kenville county to recover tbe value of a second-band threshing rig and tbe possession of promissory notes, and also to recover money paid. Tbe case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiff. From a judgment entered pursuant to tbe verdict, defendant appealed.

Action in the district court for Mille Lacs county to recover $9,422.13 damages for cutting and carrying away timber from plaintiff’s land. 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, defendants appealed.

Action in the district court for Hennepin county to have a marriage declared null and void. The case was tried before McGee, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed. It was error to receive in evidence the affidavits of Papst and Cooper and the ex parte orders directing them to be filed.

Action in tbe district court for St. Louis county against Thomas J. St. Germain and .others, copartners under the firm name of T. J. St. Germain Company and others, to enforce a lien for materials furnished by plaintiffs and used in the alteration of a building of defendants Frank D. Day and wife. The case was tried before Dibell, J., who found in favor of defendants Day. From a judgment entered pursuant to the findings, plaintiffs appealed.

Action in the district court for Kandiyohi county by plaintiff, as receiver of Martin Ring, against Great Northern Railway Company and St. Paul, Minneapolis & Manitoba Railway Company and L. T. Maxfield to enforce a mechanic’s lien for f1,304 on a station building of defendant companies. The case was tried before Powers, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant companies appealed.

From an order of the probate court for Hennepin county admitting to probate the will of Maria Heniles, deceased, Annie Huston, contestant of the will, appealed to the district court for that county. In the district court the appeal was heard before Harrison, J., who made findings of fact and as conclusion of law found that the order of the probate court should be affirmed. From a judgment entered pursuant to the findings, the contestant appealed to the supreme court.

Action in the district court for Hennepin county to recover $2,500 and. interest against defendant William Siegmann, as principal, and against defendant company, as surety, on a bond, and the additional sum of $822.05, with interest, against defendant Siegmann thereon. The case was tried before Harrison, J., who directed a verdict in favor of plaintiff and against both defendants for $2,629.38, and. against defendant Siegmann for the additional sum of $491.22.

Appeal by plaintiffs from an order of the district court for Nobles county, P. E. Brown, J., sustaining a demurrer to the complaint.

Action in the district court for Ramsey county to recover .$31,500 damages for personal injuries. The case was tried before O. B. Lewis, J., «and a jury, wbicb rendered a verdict in favor of plaintiff for $5,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed. The gist of the action is injury proximately caused by the legal fault of defendants.

Action in the district court for Ramsey county to recover $312.50 for rent. The case was tried before Brill, J., who directed 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 Lac qui Parle county to reform a deed. The case was tried before Powers, J., who found in favor of plaintiffs. From a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Blue Earth county to enjoin defendant board of county commissioners and the auditor and treasurer of said county from paying a certain claim to defendants Fleener, Saylor, and Welman. The'case was tried before Gray, Buekham and P. E. Brown, JJ., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Wabasha county by plaintiff, a minor, by her guardian ad litem, to recover $2,000 damages for personal injuries. The case was tried before Snow, J., and a jury, which rendered a general verdict in favor of defendant. From an order granting a motion for a new trial, defendant appealed.

Appeal by defendant Dulutb Terminal Railway Company and others from an order of the district court for St. Louis county, Cant, J., appointing commissioners in condemnation proceedings.

Action in the district court for Faribault county to foreclose a mechanic’s lien on property of defendants T. N. Mathias and Rose-now & Bleedorn. All other lien holders were made parties defendant, among them F. I. Crane and Revord & Holmes.

<p>Action of ejectment in tbe district court for Hennepin county. Tbe case was tried before Elliott, J., wbo found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.</p>

Election contest in the district court for St. Louis county. The contest was heard before Dibell, J., who found in favor of contestee, Hugo. From a judgment entered pursuant to the findings contestant, Truelsen, appealed. Thereafter the contestee also appealed.

Writ of quo warranto issued from the supreme court requiring defendant to show by what warrant he assumed to act as chief of police of the city of St. Paul and why relator should not be adjudged entitled to said office. Laws 1895, c. 4, and Laws 1897, c. 280, being section 36 of article 4 of the constitution, apply to all the cities and villages of the state. This amendment to the constitution is a close copy of those of Missouri, California and Washington. Const.

Writ of mandamus issued from the district court for Ramsey county to compel defendant to file with relator specific answers to certain questions. The case was tried before Otis, J., who made findings of fact, and as conclusion of law found that relator was not entitled to relief and that the alternative writ should be vacated. From an order denying a motion for a new trial, relator appealed.

Action in the district court tor Ramsey county to ^recover $10,-000 damages for breach of promise of marriage. The case was tried before O. B. Lewis, 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 Becker county against the board of county commissioners of Becker county and the board of county commissioners of Beltrami county. From orders, Searle, J., sustaining separate demurrers to the complaint, plaintiff appealed.

Action in the district court for McLeod county to recover $4,000 for personal injuries. Tbe case was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. From an order granting a motion for a new trial unless plaintiff consent to a reduction of the verdict to $250., plaintiff appealed.

Writ of mandamus issued from the district court for Renville-county to compel defendants, county commissioners and auditor of said county, to reconvene and reconsider a petition for removal of a county seat. The case was heard before Powers and Qvale, JJ., who found in favor of defendants. From an order denying a motion for a new trial, relator appealed.

Action in the district court for Stearns county by plaintiif as administrator of the estate of Eeuben A. Richmond, deceased, to have a chattel mortgage executed by decedent to defendant Campbell declared fraudulent as to creditors and for other relief. The case was tried before Searle, J., who found in favor of defendant Campbell. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Crow Wing county by plaintiff, as administratrix of the estate of Joseph A. Martin, deceased, to recover $5,000 damages on account of the death of decedent. The case was tried before Holland, J., and a jury, which rendered a verdict in favor of plaintiff for $2,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $1,999 damages for the unauthorized cancellation of a life insurance policy. The case was tried before Elliott, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Ramsey county to recover $5,000 for personal injuries. The case was tried before Otis, J., and a jury, which rendered a verdict in favor of plaintiff for $950. Pursuant to an order granting a motion for judgment notwithstanding the verdict, judgment was entered in favor of defendant, from which plaintiff appealed.

Defendant was indicted in the district court for Stevens county of the crime of having carnal knowledge of a female child under the age of sixteen years. The court, Steidl, Ji, made an order overruling a demurrer to the indictment, and at the request of defendant certified to the supreme court for its decision the following questions : “1. Does the said indictment charge the three degrees of punishment as defined in the statute creating the offense, or either of them? 2.

Appeal by plaintiff from an order of the district court for Henne-pin county, McGee, J., sustaining a demurrer to the complaint.

Appeal by Albert C. Cobb, as assignee of tbe estate of A. F. Kelley, insolvent, from a judgment of tbe district court for Hennepin county, allowing tbe claim of Alice B. Davis for $4,960.75 and interest against said estate, entered pursuant to the findings of Elliott, J. In bankruptcy or insolvency proceedings partnership creditors have a primary and exclusive claim on partnership assets, and individual creditors have a similar claim on individual assets.

Action in'the district court for Eamsey county to recover $2,600 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. There is no evidence of defendant’s negligence sufficient to support the verdict. The injury resulted from the act, not necessarily negligent, of a fellow servant.

Action in the district court for St. Louis county to recover $16,-892.80, a balance alleged to be due on a contract and for extra work and material performed and furnished. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiffs for $8,889.18. From an order denying a motion for a new trial, defendant appealed.

Appeal by Minneapolis Trust Company, trustee, from an order of tbe district court for Hennepin county, Otis, J., adjusting and settling its account.

Election contest in the district court for St. Louis county instituted by Louis J. Hopkins against the city of Duluth to test the question whether a proposed charter for said city submitted at a general election had been ratified by four-sevenths of the qualified .voters voting at such election. John Boyer on his own petition was made party to the proceeding as contestee.

John T. Fox, as administrator of the estate of Ethel Vander-warker, deceased, petitioned the probate court for Hennepin county for an order requiring Henry G-. Hicks, as executor of the will of John Vanderwarker, deceased, to pay to him a legacy bequeathed in the will to the petitioner’s intestate. From an order granting the petition, the executor appealed to the district court for that county.

Action in the district court for Goodhue county to recover $5,169.-64 and interest on a bond executed by defendant John O. Davis, as principal, and by defendants Francis Davis and Lewis Johnson, as sureties. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of plaintiff for $5,703.48. From an order denying a motion for a new trial, defendants severally appealed.

Appeal by plaintiff from an order of the district court for Washington county, Crosby, J., sustaining a demurrer to the complaint.

Action in the district court for Carver county to recover $3,350 damages for assault and battery. The case was tried before Cad-well, J., and a jury, which rendered a verdict in favor of plaintiff and against defendant Henry E. Kloos, and in favor of defendant Louis O. Kloos. From an order granting a motion for a new trial, defendants appealed.

Action-in the district court for Waseca county to recover $132 for goods sold and delivered. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of plaintiff for $115. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for St. Louis county by a resident and taxpayer of the city of Duluth against defendant Hugo, as mayor, and others, as comptroller, clerk, treasurer, and aldermen of said city, to enjoin defendants from paying to any of the officers of the city any salaries for a timé prior to thirty days from the entry of judgment determining that a new charter had been adopted on any basis other than that provided in the previous charter of the city.

<p>Action in the district court for Blue Earth county. The case was tried before Severance, J., who found in favor of defendant. On plaintiff’s appeal from a decision of the clerk taxing certain disbursements in favor of defendant, the court, Cray, J., made an order sustaining the taxation. From a judgment in favor of defendant, plaintiff appealed.</p>

Appeal by defendant and Alvord C. Egleston, surety on bis bond on appeal from a judgment of a justice of tbe peace, from a judgment of the district court for Hennepin county in favor of plaintiff and against defendant and said surety, entered pursuant to the order of Pond, J.

Appeal by defendant from a judgment of the district court for Winona county in fayor of plaintiff, entered pursuant to the order of Snow, J.

Action in the municipal court of St. Paul to recover a balance of $117.11 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, defendants appealed.

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

Appeal by defendants from an order of the district court for Bel-trami county, Holland, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

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

Action in tbe district court for Clay county by Samuel Coombs, as executor of tbe last will of Elizabeth Coombs, deceased, and another against defendant, as sheriff of said county, to recover $237 and interest, damages for conversion. The case was tried before Baxter, J., who found in favor of plaintiffs. From a judgment entered pursuant to the verdict, defendant appealed.

Action in the municipal court of St. Paul to recover $81.55 damages for detention of a carload of potatoes. The case was tried before Hiñe, J., who found in favor of plaintiffs. From a judgment entered pursuant to the findings, defendant appealed.

In the probate court for Goodhue county Edwin Wrigley, one of the executors of the last will of Martha Wrigley, deceased, petitioned for an order requiring John Watson, his co-executor, to render a final account. From an order requiring Watson to pay oyer a balance in bis bands, be appealed to tbe district court for said county.

In proceedings in the district court for Olay county to enforce delinquent taxes on real estate George W. Murphy interposed an answer. The case was tried before Baxter, J., who ordered judgment against the land for the amount appearing in the published list of delinquent taxes, and on application of defendant certified to the supreme court for its determination the question stated in the opinion.

Action in tbe district court for Washington county to recover $10,000 damages for personal injuries. Tbe case was tried before Williston, J., wbo at tbe close of plaintiff’s testimony granted a motion to dismiss tbe action. From a judgment entered pursuant to tbe order, plaintiff appealed.

Appeal by certain defendants from an order of the district court for Marshall county, Watts, J., overruling demurrers to the complaint.

Action in the district court for Martin county to foreclose a mortgage. Certain issues were submitted to a jury. The court, Quinn, J., adopted the findings of the jury, and as conclusion of law found in favor of plaintiff. From an order denying a motion for a new trial, defendants Albert L. Ward and wife appealed.

Appeal by plaintiff from an order of the district court for Martin county, Quinn, J., vacating an order appointing commissioners in condemnation proceedings and denying an application for appointment of commissioners.

Action in the district court for Hennepin county on a promissory note. The case was tried before Harrison, J., who directed a verdict in favor of plaintiff. From an order, McGee, J., denying a motion for a new trial, defendant appealed.

<p>Personal Injury — Defective Sidewalk — Contributory Negligence.</p> <p>One who, while traveling along a public thoroughfare in the suburbs of a city, on a dark night, with knowledge of a defect in the sidewalk, leaves the road, and takes the walk, and is injured by falling into the opening which he is trying to avoid, is not, as a matter of law, guilty of contributory negligence.</p>

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

Action in the district court for Ramsey county by plaintiff as administrator of the estate of Andrew Fisher, deceased, to recover $5,000 damages on account of decedent’s death. The case was tried before Kelly, 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 Ramsey county to recover $2,500 for personal injuries. - From an order, Otis, J., sustaining a demurrer to a portion of the answer, defendant appealed.

Action in the district court for Brown county for a limited divorce. Tbe case was tried before Webber, J., who made findings of fact, and as conclusion of law found, among other things, that plaintiff was entitled to judgment, dissolving the bonds of matrimony. From a judgment entered pursuant to the findings, defendant appealed.

<p>Petition by Samuel C. Johnson for the disbarment of Charles Elmquist.</p>

Action in the municipal court of Minneapolis to recover $400 rent. The case was tried before Holt, J., who found in favor of plaintiff in the amount demanded. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to enforce the liability of defendant stockholders in defendant corporation. The case was tried before Kelly, J., who at the close of plaintiff’s testimony granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed. The articles of association authorize the company to do other business than manufacturing and the business properly incident thereto.

<p>Appeal by defendant from a judgment of the district court for Hennepin county in favor of plaintiff for $104.67, entered pursuant to an order of Simpson, J.</p>

Action in the district court for Sibley county to recover $219.90 damages for conversion. The case was tried before Cad well, 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 Fillmore county by Board of Education of Preston Independent School District No. 45 to recover on a bond executed by defendant Robinson, as treasurer of plaintiff school district, and by the other defendants as sureties thereon. The case was tried before Kingsley, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

Appeal by defendant from an order of the district court for Waseca county, Buckham, J., denying a motion for a new trial.

Action in the district court for Ramsey county to recover $5,000 damages for personal injuries. The case was tried before Otis, J., and a jury, which rendered a verdict in favor of plaintiff for $4,500. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the district court for Ramsey county to recover $25,628.-52 damages for breach of a contract of employment. Upon the pleadings and a stipulation as to the facts entered into by the parties, the court, Brill, J., made an order granting a motion for judgment in favor of defendant. From a judgment entered pursuant to the order, and also from an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Watonwan county, by plaintiff as administrator de bonis non of tbe estate of Russell Search, deceased, to recover $172.68 on a judgment. The case was tried before Severance, J., who found in favor of plaintiff for the amount demanded. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $1,070.-54 alleged to be due under the terms of a contract. The case was tried before Otis, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

<p>Action in tbe district court for Polk county to compel a conveyance of land. Tbe case was tried before Watts, J., wbo found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.</p> <p>A verbal contract for tbe sale of land, if partly performed by tbe party seeking tbe remedy, may be specifically enforced by courts of equity notwithstanding tbe statute of frauds. 3 Pomeroy, Eq. Jur. § 1409; Lipp v. Hunt, 25 Neb. 91; Mournin v. Trainor, 63 Minn. 230; Brown v. Hoag, 35 Minn. 373, 375. Tbe ground upon wbicb tbis remedy in sucb cases rests is that of equitable fraud. It would be fraud for tbe defendant after permitting acts of part-performance to interpose tbe statute in bar of plaintiff’s remedial rights. Tbe important acts that constitute part-performance of an oral contract sufficient to take it out of tbe statute of frauds are actual open possession of tbe land, or permanent and valuable improvements made on the land, or both. 3 Pomeroy, Eq. Jur. § 1409; Gill v. Newell, 13 Minn. 430 (462); Pfiffner v. Stillwater & St. P. R. Co., 23 Minn. 343; Place v. Johnson, 20 Minn. 198 (219); Slingerland v. Sling-erland, 39 Minn. 197; Mournin y. Trainor, supra; Carey-Lombard L. Co. y. Bierbauer, 76 Minn. 434.</p>

Action in the district court for Hennepin county to recover $16,-000 for libel. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of plaintiff. From an order granting a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $15,000 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $10,000. On defendant’s motion for judgment notwithstanding the verdict or for a new trial, the court made an order denying judgment, but granting a new trial. From this order defendant appealed.

Action in the district court for Blue .Earth county. The complaint alleged that, in consideration of $400 paid by plaintiff, defendant agreed to sell, assign, transfer and deliver to her certain negotiable promissory notes executed by Thomas Murray to Thomas Rooney, aggregating exclusive of interest $1,800, and that defendant had refused to perform his contract or to repay the $400; and demanded judgment for $400 and interest.

Appeal by defendant from an order of the district court for Bamsey county, O. B. Lewis, J., overruling a demurrer to the complaint.

Appeal by defendant from an order of the district court for Ramsey county, Bunn, J., denying a motion to dismiss the action.

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

Appeal by defendant from an order of tbe district court for Hen-nepin county, Elliott, J., overruling a demurrer to tbe complaint.

<p>laws 1897, c. 260, Unconstitutional.</p> <p>Laws 1897, c. 260, entitled “An act to provide for the treatment of ebriates by counties and prescribing rules governing the same,” is unconstitutional, in that it is special legislation as to the affairs of counties, and is not uniform in its operation throughout the state.</p>

Action in the district court for Ramsey county by plaintiff, as administratrix of the estate of Thomas P. Mathews, deceased, to recover $5,000 damages on account of his death. During the course of the trial before O. B. Lewis, J., and a jury, the action was dismissed as to the Great Northern Railway Company.

<p>Supplementary Proceedings.</p> <p>In proceedings supplementary to execution, to justify an order on tbe judgment debtor to pay over money, tbe evidence must be direct, clear, and convincing. Evidence examined, and held to be 'insufficient to support tbe order.</p>

Alternative writ of mandamus issued from the district court for Ramsey county to compel defendant, as judge of the probate court for said county, to approve a bond and to make return of certain papers on an appeal taken by relators. From an order, Otis, J., quashing the petition of relators and discharging the alternative writ, relators appealed.

Appeal by defendant, Wood, from an order of tbe district court for Hennepin county, Brooks, J., vacating a judgment and directing that plaintiff’s proposed amended supplemental complaint stand as the complaint in the action.

Action in the district court for Redwood county to recover possession of grain and hay, or $900, the value thereof, and $100 damages for the detention. The case was tried before Webber, J., and a jury, which rendered a verdict that defendant was owner and entitled to possession and that tbe value of bis special property was $360.34. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Blue Earth county to recover •damages for breach of a covenant against incumbrances. At the trial on plaintiff’s application the action was dismissed as to defendant True. The court, Severance, J., found in favor of plaintiff and against defendant Macbeth. From a judgment entered pursuant to the findings, defendant Macbeth appealed.

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

Appeal by defendant from an order of the district court for Hen-nepin county, Harrison, J., denying a motion for a new trial.

Appeal by defendant from a judgment of the district court for Clay county in favor of plaintiff, entered pursuant to the order of Baxter, J.

Action in the district court for Hennepin county by plaintiff, as administrator of the estate of Martin Schneider, deceased, to recover $1,900 damages on account of the death of decedent. The case was tried before Pond, J., who at the close of plaintiff’s testimony-granted a motion to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.

Aetion in the municipal court of Minneapolis against defendant, doing business as Pioneer Loan Company, to recover $320 damages for conversion of jewelry. The case was tried before Kerr, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Writ of certiorari issued from the district court for Ramsey county to defendant city, R. T. O’Connor and others, as the board of police of said city, and Charles W. Copley, as secretary of said board, to review the action of the board in removing relator from' the position of police patrolman. The matter was heard before O. B. Lewis, J., who made an order quashing the writ. From a judgment entered pursuant to the order, relator appealed.

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

<p>Appeal by defendant from an ordey of tbe municipal court of Minneapolis, Kerr, J., denying a motion for a new trial.</p>

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

Action in tbe district court for Ramsey county to recover $10,000 damages for personal injuries. Tbe case was tried before Bunn, J., and a jury, wbicb rendered a verdict in favor of plaintiff for $3,000. From an order denying a motion for judgment notwithstanding tbe verdict or for a new trial, defendant appealed.

Application to the supreme court for a writ of prohibition. An order was issued directing the district court of Ramsey county to show cause why a writ should not issue as prayed.

In proceedings in the district court for St. Louis county to enforce collection of taxes on real estate delinquent in January, 1900, St. Paul & Duluth Railroad Company, as owner of real estate sought to be taxed, interposed an answer. The matter was heard before Cant, J., who found in favor of plaintiff, and certified to the supreme court for its determination the points raised by the objections of defendant.

Appeal by defendant from an order of the district court for Hen-nepin county, Elliott, J., denying a motion for a new trial.

Action in the district court for Watonwan county for specific performance of a contract for sale of land. The case was tried before Cadwell, J., who found that plaintiff was entitled to the relief demanded as against all defendants except Tilda Jorgenson. From an order denying a motion for a new trial, defendants except Tilda Jorgenson appealed.

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

Action in the district court for Bed Lake county to recover $350 damages for the destruction of plaintiff’s bridge alleged to have been caused by defendants’ negligence. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $200. The complaint included a second cause of action, which was withdrawn by plaintiff when the case was called for trial.

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

Action in the district court for Hennepin county against Edward C. Mitchell and Horace E. Smith, trustees for Annie I. Mitchell, Mary Matthews and Emma Gregg, and as trustees under the will of L. C. Iungerich, and the will of Annie I. Mitchell, deceased, to set aside a mortgage foreclosure sale. From an order, Harrison, J., sustaining a demurrer to the complaint, plaintiff appealed.

Proceeding commenced in the district court for Chisago county for the laying out of a public road on the county line between Chi-sago and Washington counties. Respondent Nelson and another deeming themselves aggrieved by the appraisal of damages by commissioners appointed, demanded a jury trial to determine the amount of damages or compensation to which they were entitled.

Action in the municipal court of Duluth for restitution of demised premises. The. case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff. From a judgment entered pursuant to the verdict, defendant appealed. The conventional relation of landlord and tenant did not exist.

Appeal by plaintiff from an order of the district court for Houston county, Kingsley, J., sustaining the demurrer of defendants Nicholas Lorig and Katherine Lorig to the complaint. If the complaint shows facts entitling plaintiff to some relief, even though not that prayed for, it is not subject to general demurrer.

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

Action in the district court for Blue Earth county to determine adverse claims to real estate. The case was tried before.Cray, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Order issued by the supreme court requiring respondent, as judge of the district court for the Seventh judicial district, to show cause why a peremptory writ of mandamus should not issue, requiring him to settle and allow a case.

Action in the district court for Eock county on a guaranty. From an order, P. E. Brown, J., overruling a demurrer to the complaint, defendant appealed.

Action in the district court for Hennepin county to recover $25,-000 damages for slander. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of plaintiff. From an order denying a motion for judgment in favor of defendant 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., overruling a demurrer to the complaint.

Action in tbe district court for Hennepin county on a fire insurance policy. Tbe cause was tried before Simpson, J., wbo found in favor of plaintiff. From an order granting a motion for a new trial, defendant appealed.

Action in the district court for Eed Lake county by plaintiff as administrator of the estate of James 0. O’Brien, deceased, to recover $1,944 as the price of pine timber sold by the intestate to defendants. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $1,600. From an order denying a motion for a new trial, defendants appealed.

<p>Action in the district court for Wright county against Christian Kraus, Jr., and Christian Kraus, Sr., defendants, and Christian Kraus, as administrator of the estate of Charles Kraus, deceased, garnishee. From an order, Giddings, J., denying a motion for judgment against the garnishee on his disclosure, plaintiff appealed.</p>

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

Appeal by defendant from an order of the district court for Eed Lake county dismissing an appeal from a justice of the peace and affirming a judgment in favor of plaintiff for $14.43 and costs.

Action in the district court for Ramsey county by plaintiff, as administrator de bonis non of the estate of Michael Fanning, deceased, to recover damages on account of the death of decedent. From an order, Otis, J., sustaining a demurrer to the reply, plaintiff appealed.

<p>Action in the district court for Kandiyohi county to recover $25,000 damages for personal injuries. The case was tried before Qvale, J., and a jury, which rendered a verdict in favor of plaintiff for $5,000. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.</p>

In tbe district court for Freeborn county defendant was convicted of being tbe father of a bastard child. From an order, Kingsley, J., denying a motion for a new trial, defendant appealed.

Appeal by defendants from an order of tbe district court for Ren-ville county, Powers, J., denying a motion for a new trial.

Action of ejectment in tbe district court for Carlton county. Certain issues were submitted to a jury, and on return of tbe verdict the court, Moer, J., made its findings of fact and conclusions of law. From a judgment in favor of plaintiff, plaintiff appealed.

<p>Action, in the district court for Bedwood county to determine adverse claims to real estate. The case was tried before Webber, J., who found in favor of defendant A. A. Brown. Plaintiff gave notice of demand for a second trial, pursuant to G-. S. 1894, § 5845. From an order denying a motion to vacate and strike from the files the notice and demand, defendant A. A. Brown appealed.</p>

Appeal by plaintiffs from an order of the district court for Ramsey county, Brill, J., sustaining a demurrer to the complaint.

Action in the district court for Eamsej county to recover $725, and interest, on two promissory notes. Judgment was entered on default in favor of plaintiff for $948.97. The judgment was subsequently assigned to Lewis E. Jones. Frqm an order, Kelly, J., opening the judgment and permitting defendant to serve an answer, the assignee of the judgment appealed.

Action in the district court for Bice county to recover $1,000 damages for personal injuries sustained by reason of a defective sidewalk. On the trial the court, Buckham, J., granted defendant’s motion to dismiss the action. From an order granting a motion for a new trial, defendant appealed.