Volume 82 — Minnesota Reports

Appeal by plaintiff from a judgment of the district court for St. Louis county, entered pursuant to the findings of Ensign, J.

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

Action in the district court for Ramsey county to recover possession of real estate. The case was tried before Bunn, J., who directed a verdict in favor of defendant. From an order granting a motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis against defendant Arthur B. Moler, doing business as the Moler System of Barber and Hair Dressing Colleges, and another to recover $177.57 and interest for deceit. The case was tried before Kerr, J., and a jury, which rendered a verdict in favor of plaintiff for $82.46. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $10,-310.25 damages for personal injuries. The case was tried before O. B. Lewis, 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 Carver county against Fred Butterfass, defendant, and Julius Pieper, garnishee. Minneapolis Threshing Machine Company intervened as claimant of the garnished fund. The issues between plaintiff and claimant were tried before Cadwell, J., who found in favor of claimant. From an order denying a motion for a new trial, plaintiff appealed.

Witness to Instrument. Appeal by defendants from a judgment of the municipal court of Duluth, entered pursuant to the findings and order of Edson, J.

Action before a justice of the peace to recover $95 damages for conversion. From a judgment in favor of plaintiff, defendant appealed to the idistrict court for Wright county. Lizzie M. Boxell intervened as claimant of the property involved. The case was tried before G-iddings, J., and a jury, which rendered a verdict in favor of defendant and of intervenor. From a judgment entered in favor of defendant and of intervenor for $93.30, plaintiff appealed.

Action in the district court for St. Louis county to recover $21,000 damages for breach of contract of sale. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $1,586.67. From an order denying a motion for a new trial, defendants appealed.

Alternative writ of mandamus issued out of the district court for Carlton county to compel defendant Hynes, as county auditor, and William Gallagher, as county treasurer, of said county, to enforce collection of certain taxes. The case was heard before Ensign, J., who found that relators were entitled to the issuance of a peremptory writ. From an order denying motions to amend the findings and for a new trial, defendants appealed.

Action in the district court for Hennepin county against Osman Fosseen, as executor of the estate of James Fosseen, deceased, and in his individual capacity and others to enforce specific performance of a contract. The court, McGee, J., granted a motion of defendant Osman Fosseen, made in his individual behalf and as executor, for dismissal of the action. From a judgment of dismissal, plaintiff appealed.

Appeal by plaintiff from an order of tbe district court for Bamsey county, Brill, J., sustaining a demurrer to tbe complaint. Tbe maxim “de minimis non curat lex” is never applied to tbe positive and wrongful invasion of property. Seneca v. Auburn, 5 Hill, 170. In an action on tbe case tbe degree of damage is wholly immaterial, and it is always enough that there is a plain violation of right and a possibility of damages.

Action in the district court for Mille Lacs county by plaintiff, as administrator of the estate of Anna Charlotte Erickson, deceased, to recover $5,000 damages on account of the death of decedent. On the trial the court, Searle, J., sustained the objection of defendant to the admission of evidence under the complaint on the ground that it did not state facts constituting a cause of action, and ordered judgment in favor of defendant.

<p>duo Warranto.</p> <p>Application to the supreme court for a writ of quo warranto.</p>

From the judgment of a justice of the peace in favor of plaintiff for $84.59, defendant appealed to the district court for Lac qui Parle county. In the district court the appeal was heard before Qvale, J., who made an order affirming the judgment. From a judgment entered pursuant to the order defendant appealed to the supreme court.

<p>Appeal by A. E. Loper and another from an order of the district court for Brown county, Webber, J.</p>

<p>Appeal by plaintiff from an order of the district court for Polk county, Watts, J., denying a motion for judgment in favor of plaintiff notwithstanding the verdict or for a new trial.</p>

Action of ejectment in tbe district court for Redwood county. The case was tried before Webber, J., and a jury, which rendered a verdict in favor of plaintiffs. From an order granting a motion for judgment in favor of defendants notwithstanding the verdict, plaintiffs appealed.

Action in the district court for Norman county to recover $1,000 damages for malicious prosecution. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $50. From an order denying a motion for judgment in favor of defendant notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Ramsey county, O. B. Lewis, J., striking out the sixth paragraph of the complaint. Counsel cited: Chamberlain v. Porter, 9 Minn. 244 (260); 2 Greenleaf, Ev. (16th Ed.) § 268; Dickinson v. Boyle, 17 Pick. 78; McAfee v. Crofford, 13 How. 447; Sedgwick, Dam. §§ 125, 129; Chapman v. Kirby, 49 Ill. 211, 217; Gray v. Waterman, 40 Ill. 522, 526; Johnson v. Courts, 3 Harris & McH. (Md.) 510; Larkin v. Glens Falls Ins.

. Petition in the district court for Red Lake coupty for a writ of mandamus to compel defendant to pay the sum of $124.37, being the balance of a judgment recovered against the village of Thief River Falls. From an order denying the peremptory writ and dismissing the petition, plaintiff appealed.

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

From an order of the probate court for Ramsey county appointing William T. Alexander guardian of the estate of Elizabeth Edgerly, incompetent, Belle M. Edgerly appealed (to the district court for said county. On the trial in the district court, the court, O. B. Lewis, J., granted respondent’s motion to dismiss the appeal, and made an order to that effect. From an order of dismissal and from an order denying a motion for a new trial, appellant appealed to the supreme court.

Action in the district court for Bamsey county to recover $30,-000 damages for personal injuries. The case was tried before Otis, J., and a jury, which rendered a verdict in favor of plaintiff for $5,600. 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 Rice county to recover $15,200 damages for personal injuries. The case was tried before Buck-ham, J., and a jury, which rendered a verdict in favor of plaintiff for $7,200; 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 Ramsey county to recover $1,200 damages for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $600. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Appeals by plaintiff from orders of the district court for Becker county, Searle, J., sustaining separate demurrers to the complaint.

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

<p>Personal Injury — Operation of Passenger Elevator — Selection of Operator.</p> <p>At a second trial of this action for personal injuries alleged to have been caused by an incompetent fellow servant, the main facts as shown by the evidence did not differ materially from those established at the first trial. See 78 Minn. 504. There was, however, a quantity of expert testimony as to the amount of instruction and experience necessary to render a man of ordinary faculties qualified to operate an elevator. Held that, upon all of the evidence, the question whether defendant exercised ordinary and reasonable care when selecting the servant whose negligence when operating an elevator caused the injuries was for the jury.</p> <p>Variance Immaterial. ■</p> <p>It was alleged in the complaint that the operator suddenly and violently started the elevator upward with great force and rapidity, by reason of which plaintiff was unable to enter the same, and then carelessly and negligently stopped and suddenly lowered it a short distance. The proof was that, after being stopped, it was again moved upward, not lowered, with great rapidity. Held, that this variance between the allegation and the proof as to the movement of the elevator after it was first stopped was immaterial, and was properly disregarded by the trial court.</p> <p>Acting without the Scope of Employment.</p> <p>The claim is made by defendant’s counsel upon appeal that from the evidence it conclusively appears that when the accident happened the plaintiff and the elevator man were not acting within the scope of their employment, but were using the elevator without authority, and for their own convenience simply. Held, that the claim is without merit.</p>

Action in the district court for Stearns county to recover $10,-000 damages for personal injuries. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Polk county to recover $1,000 damages for personal injuries. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $100. From a judgment entered pursuant to the verdict, defendants appealed.

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

Appeal by defendant from an order of the district court for Washington county, Williston, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

Action in the district court for Bamsey county to recover $5,000 damages for personal injuries. The case was tried before Brill, J., and a jury, which rendered 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.

Action of ejectment in the district court for Grant county. The case was tried before Steidl, 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.

Action of ejectment- in the district court for Ramsey county. The case was tried before Otis, J., who directed a verdict in favor of plaintiffs. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Swift county to recover $1,316.13 and interest, together with a penalty of ten per cent, as provided * by G-. S. 1894, § 744, on a bond executed by defendant Knudson, as county treasurer of that county, as principal, and by the other defendants as sureties. The case was tried before Powers, J., who found in favor of plaintiff in the sum of $1,113.73 and interest. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $1,580 for money paid in procuring and shipping two cars of pears as defendant’s agent and for plaintiff’s services. 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.

In proceedings in the district court for Jackson county to enforce payment of taxes delinquent on real estate on the first Monday in January, 1899, the Sioux City & St. Paul Railway Company interposed an answer. The case was tried before Quinn, J., who found in favor of plaintiff, and on application of defendant certified to the supreme court certain questions for its determination.

Appeal by plaintiff from an order of the district court for Sibley county, Cadwell, J., denying a motion to set. aside the judgment and all prior proceedings in the action, or to strike out the name of plaintiff wherever it appears in the title and elsewhere in the papers, records and proceedings therein.

Action in the district court for Hennepin county to recover |20,000 damages for personal injuries. The case was tried before McGee, 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 damages from defendants for combining and conspiring to ruin plaintiff’s business as set forth in the opinion. The case was tried before McGee, J., who directed a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed. The language of Laws 1899, c. 359, is largely taken from 26 St. 209. The construction placed on the federal statute is applicable.

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

Action in the district court for Polk county to recover $1,186.18 and interest on a bond. From an order, Watts, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Hennepin county by plaintiff, as administratrix of the estate of Cyrille Perras, deceased, to recover $5,000 damages on account of the death of decedent. 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 tbe district court for Hennepin county to determine adverse claims to real estate. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of defendant, and that she was entitled to receive $319.50 as damages for detention of the premises. From an order denying a motion for a new trial, plaintiff appealed.

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

Action in the district court for Pine county against defendant as sheriff of said county to recover $5,000 damages for conversion. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of .plaintiff for $102. From an order denying a motion for a new trial; plaintiff appealed. A conveyance is not fraudulent as against creditors which prefers creditors.

Action in the district court for Watonwan county to foreclose a mechanic’s lien for $3,000. The case was tried partly before the court, and part of the evidence was taken before a referee. The court, Severance, J., found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Waseca county to recover $50 and interest on a special promise to pay one-half of the amount of a promissory note. The case was tried before Cray, J., who at the close of plaintiff’s testimony granted a motion to dismiss the action on the ground that plaintiff had failed to prove a cause of action. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county against John Rowe, doing business under the name of John Rowe Hoop Company, defendant, and North Star Barrel Company, garnishee. Produce Exchange Banking Company intervened as claimant of the garnished fund. The issues between plaintiffs and intervenor' were tried before Harrison, J., who directed a verdict in favor of intervenor. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Waseca county to recover $20,-000 for alienation of the affections of plaintiff’s wife. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of plaintiff and against defendant Edward R. Krassin for $3,000, and in favor of the other defendants. From an order denying-a motion for a new trial, defendant Edward R. Krassin appealed.

Action in the district court for Hennepin county against J. B. Starkey and Joseph Tyra, co-partners as Starkey & Tyra, to recover $838.80 for goods sold and delivered. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiffs for $401.17. From an order granting a motion for a new trial, plaintiffs appealed.

Action in the district court for Winona county to recover $2,000 damages for assault and battery. The case was tried before Snow, 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 Hennepin county against T. G-. Dahl and Christ Hagen, co-partners as Dahl & Hagen, to recover $586.87 and interest as damages for breach of a contract of sale, entered into with W. F. Pagel and another, co-partners as Pagel & Carvell. Plaintiff brought action as assignee of the claim. The case was tried before McGee, J., who at the close of plaintiff’s testimony granted defendants’ motion to dismiss the action.

Action in the district court for Hennepin county by plaintiff, as. receiver of Ella B. Lawton, to recover $3,607.50 and interest for rent. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of defendant. Frqm an order denying' a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in tbe district court for Olmsted county on promissory notes. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff. From a judgment entered pursuant to the verdict, plaintiff appealed.

Appeal by plaintiff from a judgment of the district court for Lac qui Parle county, entered pursuant to the findings and order of Qvale, J.

Defendant was convicted in tbe municipal court of Minneapolis, Kerr, J., of a violation of the ordinance set forth in tbe opinion. From an order denying a motion for a new trial and also from the judgment of conviction, defendant appealed.

Action in the district court for Mille Lacs county to recover the possession of personal property, or $1,033.75 in case a return could not be had, and $200 damages for unlawful detention. The case was tried before Searle, J., who directed a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.

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

Action in the district court for Hennepin county to recover $20,000 damages for breach of contract. The case came on for trial before Pond, J., who granted a motion for judgment in favor of defendant on the pleadings. From a judgment entered pursuant to the order, plaintiff appealed.

Action in the district court for Ramsey county to recover $5,000 damages for assault. 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.

Action in the district court for Bamsey county by plaintiff, as receiver of Germania Bank of St. Paul, to recover $542.50, the amount paid into the treasury of the city of St. Paul for a local improvement certificate, and interest. The case was tried before Kelly, J., who found in favor of plaintiff for the amount demanded. From an order denying a motion for a new trial, defendant appealed.

Action of ejectment by Edward Sawyer, as special commissioner, against Daniel B. Eckel. An order was made substituting St. Paul, Minneapolis & Manitoba Railway Company as plaintiff and requiring the heirs at law of defendant, who had died, to show cause why they should not be substituted as parties defendant, and why the action should not be revived against them.

<p>Action in tbe district court for St.' Louis county to recover $1,000 and interest on a promissory note. Tbe case was tried before Ensign, J., wbo directed a verdict in favor of plaintiff for tbe amount demanded. From an order denying a motion for judgment notwithstanding tbe verdict or for apnew trial, defendant appealed.</p>

Action in the district court for St. Louis county by plaintiff, as receiver of Manufacturers Bank of West Duluth, to set aside the foreclosure of a mortgage. The case was tried before Ensign, J., who found in favor of defendant Ridgway. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Freeborn county to recover $1,000 damages for maintenance of a nuisance. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $300. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Steele county to foreclose a mortgage. The case was tried before Buckham, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Traverse county on a promissory note. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of defendants. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Faribault county on a promissory note. The case was tried before Cray, 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 in the district court for Waseca county to have a deed declared a mortgage and for other relief. The case was tried before Buckham, 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 Ramsey county to recover $5,000 damages for personal injuries. The case was tried before Otis, J., and jury, which rendered a verdict in favor of plaintiff. From a judgment entered pursuant to the verdict, defendant appealed.

From a judgment of a justice' of the peace convicting defendant of tbe offense set forth in the opinion and adjudging that he pay a fine of $2 and $47.13 costs of prosecution, defendant appealed on questions of law alone to the district court for Houston county. In the district court the appeal was heard before Ivingsley, J., who rendered a decision affirming the judgment.

Action in the municipal court of St. Paul to recover for medical services rendered for defendant’s daughter. 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.

On Motion to Dismiss. From an order of the probate court for Hennepin county denying a motion to vacate , an order allowing the account of Isidor Longini, his guardian, Morris B. Levi appealed to the district court for said county. From an order of the district court, McGee, J., the guardian appealed to the supreme court. A motion to dismiss the appeal having been made, the following opinion was filed January 23, 1901: PER CURIAM.

The county canvassing board of Norman county having declared Gr. E. Bowman to have received the highest number of votes cast and to have been elected to the office of county superintendent of schools of that county at the general election held November 6, 1900, O. Gr. Hankey, a rival candidate, appealed to the district court for said county. The case was heard before Watts, J., who found in favor of the contestant.

Action in the district court for Ramsey county to recover $666.66 on a fire insurance policy. The case was tried before Otis, <3., and a jury, which rendered a verdict in favor of plaintiff for $635.16. 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 Ramsey county, Brill, J., of the crime of swindling. At his request the court reported the case and certified to the supreme court for its determination the question stated in the opinion.

Hicks v. Stone Followed. Appeal by plaintiffs from an order of the district court for Hennepin county, Simpson, J., granting the motion of defendant Baxter for a new trial.

Action in the district court for Ramsey county for partition of real estate. The case was tried before O; B. Lewis, J., who made findings of fact and as conclusions of law found among other things that the premises should be sold and out of the proceeds of sale plaintiff was entitled to the sum of $3,224.57, being the amount of certain repairs made by him, with interest. From an order denying a motion for a new trial, defendants William Constans and Bertha Constans appealed.

Action in the district court for Hennepin county to recover for legal services. The case was tried before McGee, J., and a jury, which rendered a verdict in favor of plaintiffs. From an order denying a motion for a new trial, defendant appealed.

In proceedings in tbe district court for Hennepin county to enforce payment of delinquent taxes on real estate, John S. Pillsbury interposed an answer and defense so far as judgment was demanded for an instalment of an assessment levied against defendant’s land for construction of a sewer in front thereof. The case was tried before Pond, J., who found in favor of defendant, and certified to the supreme court for its determination the following points: 1.

Action in the district court for St. Louis county to set aside a mortgage foreclosure. The case was tried before Ensign, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiffs appealed. The contiguity of the two tracts and the manner in which they were used show that Larcher was an actual resident on the mortgaged premises. The fee of streets and alleys is in the abutting land owner, and is subject only to the easement of the public.

Action in the district court for Hennepin county to recover $10,813.10 damages for personal injuries. The case was tried before Elliott, J., and a jury, which rendered a verdict in favor of plaintiff for $1,800. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

From an order of the probate court for Ramsey county allowing the claim of Virginia King for $160 and interest against the estate of George W. Billings, deceased, George Griggs, administrator of said estate, appealed to the district court for that county. In the district court the case was tried before Kelly, J., who found in favor of claimant. From an order denying a motion for a new trial, the administrator appealed to the supreme court.

In proceedings in the district court for Ramsey county to enforce delinquent taxes on real estate, Robert P. Lewis Company interposed an answer and defense so far as judgment was demanded for a water-frontage tax amounting to $286. The case was tried before Jaggard, J., who found in favor of plaintiff, and certified to the supreme court for its determination the points stated in the opinion.

Action in the distinct court for Freeborn county to recover f500 for personal injuries! The principal defendant was chief of police of the city of Albert Lea, and the two other defendants were sureties on his official bond. The case was tried before Kingsley, J., who at the close of plaintiff’s testimony granted a motion to dismiss the action as against defendant sureties. From an order denying a motion for a new trial as against the sureties, plaintiff appealed.

Action in the district court for Polk county to recover $10,000 damages for personal injuries. The case was tried before Watts, J., and a jury, which 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, defendant appealed.

Action in the district court for Ramsey county to recover $1,100 and interest on a beneficiary certificate. The case was tried before Otis, J., and a jury, which rendered a verdict in favor of plaintiff for $1,113.75. The court granted a motion for judgment in favor of defendant notwithstanding the verdict. From a judgment entered pursuant to the order, plaintiff appealed.

Action in the district court for Steele county against EL. J. Holm and George E. Kenyon. Defendant Hplm made default, and Kenyon having been appointed trustee of Holm, who had been adjudged a bankrupt, was substituted as defendant in that capacity. The case was tried before Buckham, J., who found in favor of defendant trustee. From an order denying a motion for a new trial, plaintiff appealed.

Alternative writ of mandamus issued by the district court for Sibley county. The case was tried before Cadwell, J., who found that relator was entitled to the issuance of a peremptory writ. From an order denying a motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis against defendant as receiver of American Savings & Loan Association, insolvent, on a judgment. 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.

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

Action in the district court for Bamsey county to recover $2,000 and interest on a fire insurance policy. The case was tried before Otis, J., who directed a verdict in favor of plaintiff for $2,020. From an order denying a motion for a new trial, defendant appealed.

Appeal by defendants, except defendant Bongard, from an order of the district court for Carver county, Cadwell, J., overruling a demurrer to the complaint.

Defendant was convicted in the district court for Houston county of having, while engaged in the private banking business, as member of a firm doing business under the name of the Fillmore County Bank, received a deposit knowing the bank was insolvent. From an order, Kingsley, J., denying a motion for a new trial defendant appealed.

Defendant was convicted in the district court for Houston county of grand larceny in tbe first degree. From an order, Kingsley, J., .denying a motion for a new trial, defendant appealed.

<p>Appeal by defendant from an order of the district court for Rice county, Buckham, J., denying a motion for a new trial.</p>

Action in the district court for Norman county to recover $3,500 damages for assault and battery. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $700. From an order denying a motion for a new trial, defendant appealed.

From an order of the probate court for Benton county, admitting to probate an instrument proposed by William Semper as the will of Fanny Semper, deceased, Joseph H. Coates and others appealed to the district court for that county. In the district court the appeal was tried before Baxter, J., who found in favor of proponent. From an order denying a motion for a new trial, the contestants appealed.

Appeal by defendant from an order of the district court for Ramsey county, Otis, J., sustaining a demurrer to portions of the answer.

Action in the district court for Steele county to recover $300 damages for trespass. The case was tried before Buckham, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiffs appealed.

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

Action in the district court for St. Louis county to recover $500 damages against each of defendants for assault and battery and imprisonment of plaintiff’s minor son. The case was tried before Cant, 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, defendants appealed.

Action in the district court for St. Louis county against Luther Mendenhall, as receiver of Duluth Street Railway Company and individually, and another to recover possession of copper wire. Held: the vendor’s lien is protected, though there has been delivery sufficient to satisfy the statute of frauds. Holly Mnfg. Co. v. New Chester W. Co., 48 Fed. 879; Globe M. Co. v. Minneapolis Ele. Co., supra; 21 Am. & Eng. Enc. 608; 1 Benjamin, Sales, § 735; 2 Schouler, Pers.

Action in the district court for Bamsey county to recover $1,500 damages for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $350. From an order denying a motion for a new trial, defendant appealed.

Action in tbe district court for Ramsey county' to recover the amount of an award assessed in condemnation proceedings. The case was tried before Kelly, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.

<p>Action in the district court for Hennepin county by Minnesota Loan & Trust Company, as trustee, and another to enjoin defendants from diverting the western stream of the Mississippi river or any of its waters which would naturally flow over plaintiffs’ land, and to compel defendants to restore the flow of the river into its natural channel, and to remove from the western channel their dam and other obstructions, and for other relief. The case was tried before Simpson, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.</p>

Action in the district court for Stearns county to recover $311.54 for material and labor furnished. 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.

<p>Issues of Fact — Review on Appeal.</p> <p>Where, in an action triable to the court, issues of fact are submitted to a jury, such issues will be considered here, upon review, in the light treated by the court and jury at the trial, without arbitrarily applying technical legal rules of interpretation.</p> <p>Trial — Issues Submitted.</p> <p>Where, by the course of the trial in such a case, counsel concur with the court upon the meaning of issues and questions submitted, so as to impress the jury with that view, they will be bound thereby, although the expression of such meaning may not be legally accurate.</p> <p>Same.</p> <p>These rules applied to questions answered by the jury in this case, and held that in the way in which such questions were submitted the answers of the jury are not inconsistent, and support the conclusions of law of the trial court.</p> <p>Notice of Unrecorded Deed — Purchaser in Good Faith.</p> <p>When a purchaser of land for a valuable consideration has notice of facts and circumstances which would put a reasonably prudent man on inquiry of a prior unrecorded conveyance to a third party, he is not a purchaser in good faith, under G. S. 1894, § 4180.</p> <p>Public Land — Transfer by Entryman.</p> <p>Plaintiff purchased a tract of land, entered under 29 U. S. Stat. 246 (c. 316), on which the full amount of the purchase price had been paid by the entryman, but before patent had been issued. Held, that the restriction in such act upon transfers of the entryman’s rights before the issuance of the patent did not benefit a subsequent purchaser, who procured a deed in fraud of the first grantee.</p>

Action in the district court for Watonwan county to recover $775 damages for trespass on real estate. The case was tried before Severance, J., who-found in favor of plaintiff for the sum of $200. From an order, Cray, J., denying a motion for a new trial, defendant appealed.

Hiler H. Horton, as receiver of Walker, Judd & Yeazie, appealed to tbe district court for Ramsey county from tbe disallowance of a claim against tbe Bank of Minnesota by tbe receivers of tbe bank. Tbe case was tried before O. B. Lewis, J., wbo found in favor of defendants. From a judgment entered pursuant to tbe findings, plaintiff appealed.

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

<p>Appeal by plaintiff from an order of the district court for Grant county, Steidl, J.</p>