Volume 83 — Minnesota Reports

Action in the municipal court of Minneapolis to recover $123.41 for work, labor, and services performed by plaintiff’s assignors. The case was tried before Holt, J., who found in favor of plaintiff for $92.01. From an order denying a motion for a new trial, defendants appealed.

Alternative writ of mandamus issued from the district court for Morrison county to compel defendant, as mayor of the city of Little Falls, to sign a city order for $300, allowed by the city council to relator for his services as city attorney. The case was tried before Searle, J., who found in favor of defendant. From a judgment entered pursuant to the findings, relator appealed.

Action in tbe district court for Swift county against defendant O’Brien and bis sureties to recover tbe penalty of a bond given to secure a license to sell intoxicating liquor. From an order, Qvale, J., denying defendants’ application to have tbe complaint made more definite, defendants appealed.

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

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

Action in the municipal court of Minneapolis to recover $195.84 and interest on a check. The case was tried before Kerr, J., who found 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 $495, and interest, damages for conversion. The case was tried before Kerr, J.; who found in favor of defendants.' From a judgment entered pursuant to the findings, plaintiffs appealed.

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

Action in the municipal court of Minneapolis to recover $267.50 for services performed as referee. The case was tried before Kerr, J., and a jury, which rendered a verdict in favor of plaintiff for $114.80. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $5,000 damages for personal injuries sustained by plaintiff’s minor son. Tbe case was tried before McGee, J., and a jury, wbicb rendered a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict and denying a new trial on condition that plaintiff, consent to a reduction of the verdict, defendant appealed.

Action in the district court for Blue Earth county to enforce a mechanic’s lien. The case was tried before Cray, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant Sisters of the Sorrowful Mother appealed.

Action in the district court for Ramsey county to recover the sum of $139.25. The case was tried before Brill, J., and a jury, which rendered a verdict for defendant. From an order denying.a motion for a new trial or for judgment notwithstanding the verdict, plaintiff appealed.

<p>Appeal by defendant from a judgment by default entered in favor of plaintiff in the municipal court of Minneapolis.</p>

Appeal by plaintiff from an order of the district court for Stevens county, C. L. Brown, J., sustaining a demurrer to the complaint.

Action in the district court for Hennepin county to recover from defendant corporation $1,030 damages for an assault upon plaintiff, committed at a public entertainment given and controlled by defendant, by one Olson who, as alleged, had been made drunk and violent through liquor furnished by defendant in violation of law and with knowledge of Olson’s quarrelsome and dangerous tendencies.

Action in the district court for Lincoln county to enjoin defendant from entering upon the premises of plaintiff and constructing a public highway thereon. The case was tried before Webber, J., who found in favor of the defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Polk county to recover' $20,000 for personal injuries. The case was tried before Watts, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by John Christianson from an order of the district court for Steele county, Buckham, J., denying a motion for a new trial on an appeal from an award of damages in proceedings by the city of Owatonna for the condemnation of defendant’s property for a street.

Action in the district court for Washington county against Anna Bordwell,' defendant, and Lumberman’s National Bank, garnishee. The garnishee having disclosed a balance due defendant of $335.75, Mary Grant filed a complaint in intervention, in which she claimed to be the owner of the entire sum. Plaintiffs answered and the issues so framed were tried before Williston, J., who directed judgment for intervenor.

Writ of certiorari issued from tbe district court for Bamsey county to the probate court of that county to review an order made in the matter of the estate of Patrick Kelly, incompetent, denying his application for restoration to capacity. In the district court the case was tried before O. B. Lewis, J., who found in favor of relator and directed that the order be vacated and the proceedings remanded to the probate court for disposal.

Alternative writ of mandamus issued by tbe district court for Renville county, on relation of Thomas Olson and others, ■ residents and taxpayers of said county, to compel the respective boards of county commissioners of Renville and Redwood counties jointly to rebuild a bridge across the Minnesota river on a highway connecting said counties.

Action in the district court for St. Louis county to recover $3,600 damages for trespass upon real estate. Plaintiffs title rested upon a certificate of tax sale'and a. notice of the expiration of the period of redemption from the sale, the material portion of which notice is stated in the opinion. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $1,102.50. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Polk county by the assignee of a judgment creditor of defendant corporation, East Grand Forks Fair & Driving Association, for sequestration of its property and enforcement of the statutory liability of its stockholders. From an order, Watts, J., overruling á demurrer to the complaint, defendant T. A. Sullivan and other stockholders appealed.

Action in the district court for Polk county, to recover the sum of $5,000 for personal injuries. The action was tried before Watts, J., and a jury, which rendered a verdict for the defendants. From an order denying a'motion for a new trial plaintiff appealed.

Action in the district court for Le Sueur county by plaintiff, a minor, through her guardian ad litem, to recover $5,000 for an alleged criminal assault upon her person committed by defendant. The ease was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. The court made an order granting a motion for a new trial unless plaintiff consented to a reduction of the verdict to $700.

Action in the district- court for Steele county to recover $55.2á for services rendered. 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 Winona county to recover $2,000 for personal injuries. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff for $1,800. The court made an order granting a motion for a new trial unless plaintiff consented to a reduction of the verdict to $1,200. Plaintiff having consented to the reduction, defendant appealed from the order.

Action in the district court for St. Louis county to enforce specific performance of a contract for the sale of standing timber and for general relief. The case was tried before Ensign, J., who made findings of fact and as conclusions of law directed that the action be dismissed as to the defendants other than John Strong, and that plaintiff recover from defendant John Strong $18,500 damages.

Action in the district court for Hennepin county to recover $10,000 for personal injuries. The case was tried before McG-ee, J., and a jury, which rendered a verdict in favor of plaintiff for $950. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in tbe district court for Ramsey county by plaintiff, a beneficiary under tbe will of John L. Merriam, deceased, to obtain a construction of tbe will. Tbe case was tried before Brill, J., wbo made findings of fact and as conclusions of law determined tbe construction of tbe will. From an order denying a motion for a new trial, plaintiff appealed. Reversed. Tbe legacy, to appellant was “demonstrative,” not specific. Merriam v. Merriam, 80 Minn. 254; 3 Pomeroy, Eq. Jur.

Action in the district court for Anoka county to recover $25,000 for personal injuries. The case was tried before Giddings, 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 Lac qui Parle county by plaintiff, a taxpayer and legal voter of said county, to restrain defendant school district and the trustees thereof from purchasing a tract of land for a new school-house site. The case was tried before Powers, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Chippewa county to restrain the foreclosure of two certain mortgages, one of real property situate within said county, the other of chattels, and to cancel the same, upon the ground of usury. The case was tried before Powers, 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 Becker county to enjoin defendant, village of Detroit, from issuing certain bonds for the purchase of an electric light plant. From an order, Searle, J., dissolving a temporary injunction granted ex parte by the court commissioner, plaintiffs appealed.

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

Action in tbe municipal court of Duluth against defendant, as receiver of the Duluth Street Railway Company, to recover $179 damages for injuries to plaintiff’s horse and wagon caused by collision with a street car. The action 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 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 an assault committed by defendant. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $1,100. From an order denying a motion for a new trial, defendant appealed.

<p>Appeal from Order — Notice.</p> <p>. G. S. 1894, § '6138, limiting the time for taking an appeal from an order, construed, and held that it is only after written notice of the ■ entry of the order to the adverse party that the limitation begins to run as to him. The fact that the latter gave such notice to his adversary does not take the case out of the rule.</p> <p>Personal Injury — Question for Jury.</p> <p>Evidence considered, and held sufficient to support the complaint, and to require a submission to the jury of the issues in an action for personal injuries sustained by plaintiff in falling into an excavation adjoining defendant’s building.</p> <p>Judgment notwithstanding Verdict.</p> <p>Held, that the order of the trial court refusing to grant judgment for defendant notwithstanding a verdict in plaintiff’s favor was properly denied.</p> <p>New Trial.</p> <p>Held, also, that there was no abuse of discretion by the trial court in granting a'new trial.</p>

Appeal by defendant from an order of tbe district court for Hennepin county, Simpson, J., overruling a demurrer to the complaint. Plaintiff and bis companions were not, at tbe time of tbe accident, engaged in tbe discharge of tbeir duties under tbeir employment. Tbe case is not distinguishable from Benson v. Chicago, St. P., M. & 0. Ry. Co., 78 Minn. 303.

Action in the district court for Renville county to recover $444.84 damages for breach of warranty on sale of farm machinery. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiffs for the amount demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>Certiorari — Taxes.</p> <p>Certiorari to the district court for Red Lake county and Honorable William Watts, a judge thereof, to review a judgment entered in said court against relators in proceedings to collect delinquent personal property taxes. Judgment affirmed.</p>

<p>City of Minneapolis — Park Board.</p> <p>Sp. Laws 1889, c. 30, as amended hy chapter 103, same laws, confers authority upon the hoard of park commissioners of the city of Minneapolis to contract for the conveyance Of land to the city for park purposes in consideration of the exemption of other contiguous lands of the owner from assessments for park' purposes, to the amount agreed upon.</p> <p>Contract — Exemption from Taxation.</p> <p>Such exemptions are not limited by the act to a single assessment made with reference to the property so purchased, but include all assessments, present or future, and also instalments not yet entered for collection, but which have been assessed prior to the execution of the contract.</p> <p>Contract — Existing Assessment.</p> <p>A certain deed examined, which contained a contract to the effect that the consideration of certain lands conveyed to the city was $100,000, to be paid by the exemption of certain other contiguous lands of the grantors to the entire amount of $100,000. Held, that the contract embraced an assessment which had already been made against such remaining contiguous property, but which had not been entered upon the tax boohs for collection.</p>

Action in the district court for Red Lake county to recover $367.04 for conversion of certain saw logs. The case was tried before Watts, J., who, at the close of plaintiff’s testimony, granted defendants’ 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 Stearns county to recover $200 upon promissory notes. The case was tried before Searle, 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.

<p>Appeal by defendant from a judgment of tbe municipal court of Mankato, Shissler, J.</p>

<p>Eailway — Proximate Cause of Injury.</p> <p>The complaint alleges that defendant operates a railroad in Montana, and negligently permitted its roadbed to become soft and springy, and allowed sand, gravel, and stone to be deposited and remain on and near its track, and that it also negligently operated an engine with a defective pilot. While' respondent, in the performance of his duties as a brakeman, was riding in the cab of the engine, it sank upon the yielding roadbed, and the defective pilot struck into the gravel and stone, causing a stone to be thrown against the cab window of the engine, breaking the glass thereof, causing a piece of it to enter .and injure respondent’s eye. Beld, that the acts stated were the proximate cause of the injury. Following Wallin v. Eastern Ry. Co., supra, page 149. . .</p>

■Action in the district court for Marshall county to enforce a materialman’s lien. The case was tried before Watts, J., who-found in favor of defendants. From a judgment 'entered pursuant to the findings, plaintiffs appealed.

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

Appeal by defendant from an order of the district court for Lac qui Parle county, Powers, J., directing the issue of a writ of peremptory mandamus requiring defendant to deliver to relator the books, files, and records belonging to the office of clerk of School District No. 3 in said county.

<p>Action in the district court for St. Louis county, to recover $15,000 damages for personal injuries. The case was tried before Cant, 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>

Ajipeal by defendants, Joseph Ingenhutt and others, from an order of the district court for Hennepin county, Simpson, J., overruling a demurrer to the complaint.

Action in the district court for Bamsey county to recover $235 damages for the conversion of a seal-skin coat. The case was tried before Kelly, J., who directed judgment in favor of plaintiff for $165. From an order denying a motion for a new trial, defendant 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 Fillmore county to determine adverse claims to real estate. The action was tried before Kingsley, J., who found in favor of plaintiff. From an order denying a motion for a new trial defendant Flora Johnson, who alone appeared and answered, appealed.

Action in the district court for Waseca county by plaintiff, as administrator of the estate of Henry Parker, deceased, to recover $5,000 damages on account of the death of decedent. The case was tried before Buckbam, J., who, at the close of plaintiff’s testimony, 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 Goodhue county by plaintiff, as administrator de bonis non of the estate of Herman Betcher, deceased. The complaint prayed for an accounting by defendant, as executor of the will of the deceased, and for judgment for the amount which should be found to be due by defendant to the estate. From an order, Crosby, J., overruling a demurrer to the complaint, defendant appealed.

Action in the district court for Clay county to recover the proportionate amount claimed to be due from defendant city upon certain bonds issued by plaintiff town, of which town defendant was a part at the time the bonds were issued. The case was tried before Baxter, 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.

Action in the district court for Cass county to determine adverse claims to real estate. Defendants Sydney L. Wright and Cass Land Company answered, with others, denying plaintiff’s title and alleging possession and title in themselves and their grantees. From separate orders, Holland, J., sustaining separate demurrers of defendants Wright and Cass Land Company to the reply, plaintiff appealed.

Action in the district court for St. Louis county to recover $15,000 damages for personal injuries. The case was tried before Jaggard, J., who at the close of plaintiff’s testimony directed a verdict for defendant. 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, Dibell, J., denying a motion for a new trial.

Action in the district court for St. Louis county against defendant, as receiver of Duluth Street Railway Company, to recover $25,000 damages and $626.88 special damages for personal injuries received by plaintiff while riding as a passenger in one of defendant’s street cars during a strike of defendant’s employees. Plaintiff was struck by a stone thrown by a strike sympathizer.

Action in the district court for Eamsey county to recover $300, commissions upon a contract for the sale of cattle. The case was tried before Kelly, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appeals.

Action in the district court for Freeborn county to establish plaintiff’s right to maintain an existing dam and lake in Shell Eock river, within the city limits, and to restrain defendants, who claim ownership of the overflowed lands, from interfering with said dam or with said lake.

Writ of habeas corpus issued by the district court for Steele county and directed to Gr. A. Merrill, as superintendent of the state public school at Owatonna. From an order, C. J. O’Brien, court commissioner, discharging Adelphine Berry, daughter of relator, from said school and from the custody of the superintendent thereof, G-. A. Merrill appealed.

Defendant was convicted in the municipal court of Minneapolis of a breach of an ordinance of the board of park commissioners of said city, in driving a' wagon having tires less than sis inches wide and together with its load weighing more than two thousand pounds, on Lyndale avenue boulevard. From an order, Kerr. J., denying a motion for a new trial defendant appealed.

Action in the district court for Hennepin county to recover 1650.15 for goods sold and delivered at defendant’s instance and request, being renewal parts and fittings for the county court house elevators. The case was tried before Brooks, 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 Freeborn county by plaintiffs, the owners and holders of a judgment against defendant C. M. Wilkinson, to set aside a conveyance of real estate made by him to defendant Ira J. Wilkinson, as being in fraud of creditors, and praying that the premises be directed sold to satisfy plaintiffs’ judgment.

Action in tlie district court for Hennepin county to recover $2,500, and interest, from defendant William Siegmann, as principal, and defendant company, as surety, upon an indemnity bond. The case was tried before Brooks, J., who directed a verdict in favor of plaintiff against both defendants for the sum demanded. From a judgment entered pursuant to the verdict, defendant company appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, McGee, J., sustaining separate demurrers to the complaint.

Action in the district court for Hennepin county to recover $2,000 for personal injuries. The case was tried before Harrison, J., and a jury, which rendered a general verdict in favor of plaintiff for $1,791.66 and the following special verdict: “We further find that the engineer was guilty of the negligence which caused plaintiff’s injury.” On motion, judgment notwithstanding the verdiet was ordered for defendant.

<p>Sale of Cream — G-. S. 1894, § 7002.</p> <p>G. S. 1894, § 7002, which prohibits the sale of cream that contains less than twenty per centum of fat, is a valid exercise of the, police power and constitutional.</p>

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

Appeal by defendant Standard Life & Accident Insurance Company from an order of the district court for Winona county, Snow,. J., overruling a demurrer to the complaint.

Action in the district court for Crow Wing county to recover $169.25 and interest, for professional services rendered and money paid at defendant’s request. The case was tried before McClenahan, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Proceeding in the district court for Beltrami county for collection of delinquent taxes upon real estate for 1898. The defendants, Thomas B. Walker and three others, separately answered, raising the same issues.

Appeal by plaintiffs from an order of tbe district court for Y.’a tonwan county,. Cray, J., denying a motion for a new trial.

Action in the district court for Hennepin county to recover $10,000 damages for personal injuries. The case was tried before McGee, J., and a jury, which rendered a verdict in favor of plaintiff for $875. From an order granting a motion for judgment for defendant notwithstanding the verdict, plaintiff appealed.

<p>Action against Receiver — Contract—Fraud.</p> <p>A tripartite agreement between a certain business firm, parties of the first part, a party of the second part, and certain creditors of the firm, parties of the third part, provided for a transfer of the business and property of the firm to the party of the second part in consideration of the payment of all of the firm’s debts by the second party. The agreement further provided for the future conduct of the business under a power of attorney for the benefit of the parties of the third part and all other creditors of the firm; and the parties of the third part were also authorized to sell and dispose of the business if it should fail to pay their claims in the manner stipulated, and any balance remaining after payment of the firm’s indebtedness to be paid over to the party of the second part. Thereafter, in an action commenced by the parties of the third part to secure possession and sale of the business and property, a receiver was appointed, who, under the court’s direction, made a sale thereof. Held, in an action against such receiver by a creditor of the firm who was not a party to the agreement, and in ignorance of It and of the transfer of the property, that the agreement, upon its face, was not fraudulent as to the creditors not a party to it.</p>

Separate actions in ejectment in tbe district court for Stevens county by plaintiff, as assignee in trust of tbe Hastings & Dakota Railway Company. From separate orders, Steidl, J., overruling tbeir several demurrers to tbe complaints, defendants appealed. The issues raised in all the cases being the same the appeals were argued and submitted together.

Action in the district court for Goodhue county to recover $2,000 damages for breach of warranty in a contract of sale of a traction thresher engine. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of plaintiff for $755.37. From an order denying a motion for a new trial, defendant appealed.

Appeal by plaintiffs from an order of the district court for Blue Earth county, Cray, J., denying a motion for a new trial.

<p>Will — Undue Influence.</p> <p>In an action brought to test the validity of a will upon the ground that the same had. been executed by the testator when of unsound mind and under undue influence exerted over him by the principal devisee, held, that the findings of the court are supported by ih'e evidence, to the effect that the testator was of sound mind, and that no improper influence was exerted to induce him to execute the will in the manner he did, and that the will was properly executed.</p>

Action in the district court for Winona county to recover $2,000 damages for infringement of plaintiff’s copyright and trade-mark, and to restrain defendants from manufacturing or selling any imitation of a proprietary medicine prepared by plaintiff known as “Dr. Ward’s Liniment” and “Dr. Ward’s Vegetable Anodyne Liniment,” and from unlawful competition with plaintiff by means of false devices and representations.

Petition by relators; as county commissioners of Polk county, for a writ of mandamus to compel the respondents, as county commissioners of Red Lake county, to provide for the payment of Red Lake county’s proportion of the bonded indebtedness of the parent county of Polk, incurred before the division of the counties. From an order, Watts, J., dismissing the proceedings, relators appealed.

Action in the municipal court of Waseca for restitution of demised premises. Judgment was entered in favor of defendants and plaintiff appealed on questions of law alone to the district court for Waseca county. From a judgment entered pursuant to an order, Buckham, J., affirming the judgment of the municipal court, plaintiff appealed to the supreme court.

<p>Riparian Right.</p> <p>The rule of law as to the rights of a riparian owner to the use of the water between his shore line and the navigable channel of a river, laid down in Brisbine v. St. Paul & S. C. R. Co., 23 Minn. 114, and other eases, approved, and applied to the conceded facts in the case at bar.</p> <p>Same — Use of Flowing Water.</p> <p>All persons having lands on the margin of a flowing stream have, by nature, certain riparian rights in the water of that stream, whether they exercise those rights or not. and they may begin to use them when they choose. It matters not how much the owner of land upon a stream has actually used the water, or whether he has used it at all, his right to 'it remains unaffected for any period of time.</p> <p>Error.</p> <p>Held, that the lower court erred when, upon the ground that plaintiff had failed to establish his right to recover, it dismissed this case, and also erred when it denied plaintiff’s motion for a new trial.</p>

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

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

Action before a justice of the peace to recover possession of a yoke of. oxen or $85 damages in case possession could not be had. The justice found in favor of plaintiff for $30 and costs, but failed to enter an alternative judgment. Defendant appealed to the district court for Aitkin county on questions of law. In the district court the appeal was heard before Holland, J., who made an order reversing the judgment.

<p>Administrator’s Sale of Real Estate.</p> <p>In an action to set aside a sale of real estate by an administrator, on the ground of defects in the sale proceedings and of fraud in making the sale, held:</p> <p>1. Where an administrator is licensed to sell the land of his intestate by a probate court having jurisdiction of the settlement of the estate, and which appointed him, it is immaterial in an action to set the sale aside, whether there was or was not a proper petition for the license.</p> <p>2. All of the essentials of a valid sale required by G. S. 1894, § 4612, were substantially complied with in this case. ■</p> <p>3. That the findings of the trial court to the effect that there was no fraud in making the sale is sustained by the evidence.</p>

Action in tbe district court for Watonwan county to recover $65 and interest upon a promissory note. Tbe case was tried before Cray, J., and a jury, which rendered a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action in tbe district court- for Traverse county to determine adverse claims to real estate. The case was tried before Steidl, J., who found in favor of defendants. From an order, Flaherty, J., denying a motion for a new trial, plaintiff appealed.

In the probate court for Hennepin county John Chadwick, testamentary guardian of William P. La Plant and Frederick La Plant, filed a petition for letters of guardianship. Alvena A. Dunham, the next of kin, filed objections and prayed that she be appointed guardian for the minors. The court found that Chadwick was a competent and suitable person and directed that letters of guardianship be issued to him.

Action in the district court for Hennepin county to recover 138,341.69 damages for fire caused by sparks from defendant’s locomotive. The case was tried before Harrison, J., who directed a verdict in favor of defendant. From a judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Hennepin county to recover possession of real estate. The case was tried before Harrison, J., who directed a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed. A man cannot derogate from his own grant; he cannot grant a thing and then proceed to withdraw that which is necessary to the enjoyment of the thing granted.

Action in the district court for Otter Tail county to recover $15,-000 for personal injuries. The case was tried before Searle, J., and a jury, which rendered, a verdict in favor of plaintiff for $8,000. 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 St. Louis county to recover $2,000 upon a surety bond. The sureties, defendants S. W. Eckman and F. N. La Salle, alone appeared and answered. The case was tried before Dibell, J., who directed a verdict in favor of defendants. From a judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Clay county against O. C. Mel-bye, defendant, and the First National Bank of St. Paul, garnishee. Thore Alme intervened as 'claimant of funds disclosed by the garnishee to the amount of $401.55.

Action in the district court for Ramsey county to recover $1,000 and interest upon a policy of fire insurance. The case was tried before Jaggard, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Dakota county by John Hurley, plaintiff, to determine the adverse claims of defendant city of West St. Paul to the certain real estate in possession of plaintiff, and to restrain defendants from entering upon and grading the same as a public street. The case was tried before Crosby, J., who found in favor of plaintiff. Thereafter Mary Hurley, and others, were substituted as plaintiffs in place of John Hurley, deceased.

Action in the district court for Renville county to recover $5,000 damages for slander. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiff for $550. From an order granting a motion for a new trial unless plaintiff should consent to a reduction of the verdict to $100, plaintiff appealed.

Action in the district court for Becker county to restrain defendants from obstructing, or interfering with the use by plaintiff of a logging road. Defendants, answering, asserted that the alleged road ran over land the title to which was in defendant S. S. McKinley, that the road was closed to travel, denied that plaintiff had any rights in the premises, and prayed that plaintiff be -denied relief.

Action in the district court for Ramsey county by plaintiff, as administrator of the estate of John J. Sharp, deceased, to recover #5,000 damages for the death of decedent. The case was tried before O. B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff against defendants, Archibald Guthrie and others, for #2,500. From an order granting a motion for a new trial, plaintiff appealed.

Action in tbe district court for Ramsey county to determine adverse claims to real estate. Defendant H. L. Williams, as assignee for the benefit of creditors of defendant D. A. J. Baker, insolvent, alone appeared and answered.

Defendant was indicted in the district court for Ramsey county for grand larceny in the first degree. The case was tried before Kelly, J., and a jury, which rendered a verdict of guilty in the second degree. From a judgment entered pursuant to the verdict, defendant appealed.

Appeal by plaintiff from, a judgment of the district court for Brown county, Webber, J., reversing a judgment of a justice of the peace.

Action in the district court for Hennepin county to recover $225, broker’s commission, claimed to have been earned by A. W. Daniels for procuring a purchaser of defendant’s real estate. Daniels assigned his claim to plaintiff. The case was tried before Pond, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Appeal by defendant from a judgment of the district court for Le Sueur county, Cadwell, J., after trial and conviction upon a charge of criminal libel.

Action in the district court for Ramsey county against defendant, as executrix of the last will of Sigmund H. Small, deceased, to recover possession of real estate, and damages for the detention thereof. From an order, Kelly, J., overruling a demurrer to the complaint, defendant appealed.

<p>Striking Case from Calendar — Appeal.</p> <p>An order striking- a case from the calendar for any cause which does not prevent a trial of the action at some future term is not appealable; but where the order is based upon the ground that the cause has been transferred to another court, and the validity of the attempted removal is disputed, it is appealable.</p> <p>Laws 1895, c. 28 — Place of Trial.</p> <p>Laws 1895, e. 28, relating to change of place of trial of actions, construed, and held that where, in any action the place of trial of which is designated by statute with reference to the residence of the defendants, there are several defendants residing in different counties, the place of trial must be changed to the county which a majority of the defendants unite in demanding, although the action was brought in a county where one or more of the defendants reside.</p>

Appeal -by defendant from an order of the district court for Morrison county, Searle, J., denjdng a motion for a new trial.

Action in the district court for Fillmore county to recover $3,000 damages for assault. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $2,100. From an order denying a motion for a new trial, defendant appealed.

Defendant was arrested, upon a warrant of a justice of the peace of the village of Fairmont, on the charge of open and notorious drunkenness, in violation of an ordinance of the village, and, being convicted, appealed upon questions of law alone to the district court for Martin county.

Defendant was convicted in the municipal court of Minneapolis, Kerr, J., of the offense of keeping a gambling house, and sentenced to imprisonment for ninety days in the city workhouse. _ From the judgment entered and from an order denying a motion for a new trial, defendant appealed.

Pond, a judge thereof, to review an order of said court confirming the report of appraisers appointed to determine and award compensation for property damaged by the construction of a dam to raise the water of lake Minnetonka. By the report the property of relators was found not damaged and they were denied any compensation.

Action in the district court of Hennepin county to recover $470 damages for the conversion of a carload of wheat. The case was tried before Brooks, 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 $311.11, and interest, arrears of salary as sergeant of police. The case was tried before Otis, J., who found in favor of plaintiff for $175 and interest. From an order denying a motion for a new trial, defendant appealed.

<p>Bond of State Treasurer.</p> <p>Under the proviso- found in G. S. 1894, § 344, subd. 2, the state treasurer and his sureties upon his official bond are liable to the state on account of and for all moneys deposited by said treasured* in banks or with bankers selected by him in accordance with the provisions of the same subdivision.</p> <p>Liability of Sureties — New Term of Office.</p> <p>The rule laid down in Board of Education v. Robinson, 81 Minn. 305, as to- the liability of sureties upon an official bond given by and in behalf of a public officer who has succeeded himself in office, applied in the -case of an action upon a bond given by a state treasurer upon entering upon his third term.</p>

Action in the district court for St. Louis county, to restrain defendant, as county auditor for said county, from proceeding under Laws 1901, c. 339, to advertise and sell for taxes certain land owned by plaintiff, which had been sold previously to plaintiff’s grantor to satisfy the same taxes, under Laws 1897, c. 290.

Action in the district court for St. Louis county to restrain dedendant, as county auditor of said county, from proceeding under Laws 1901, c. 339, to advertise and sell for taxes land owned by plaintiff, which had been sold previously to an actual purchaser to satisfy the same taxes, under Laws 1897, c. 290. No redemption was made from the previous sale, which was for less than the amount of taxes, due, and the proceeds of such sale were retained by the county.

Alternative writ of mandamus issued by the district court for Ramsey county, directed to the defendant, as county auditor of said county. The case was tried before O. B. Lewis, J., who found that relators were entitled to the issuance of a peremptory writ. From a judgment entered pursuant to the findings, defendant appealed.

Appeal by defendants from an order of tbe district court for Hennepin county, McGee, J., denying a motion for a new trial.

Action in tbe district court for Hennepin county to recover $18,198 and interest, for breach of contract. The case was tried before McGee, J., and a jury, which rendered a verdict in favor of plaintiff. From an order granting a motion for a new trial unless plaintiff should consent to a reduction of the verdict, plaintiff appealed.

<p>Appeal by plaintiff from a judgment of the district court for Ramsey county, Brill, J., in favor of defendant.</p>

Action in the district court for Hennepin county for an accounting. The case was tried before Elliott, J., who, at the close of plaintiff’s testimony, granted a motion by defendant to dismiss the action. From an order denying a motion for a new trial, plaintiff appealed.