Volume 84 — Minnesota Reports

<p>Appeal by defendants from an order of the district court for Hennepin county, Harrison, J., denying a motion for a new trial.</p>

Action in ejectment in the district court for Freeborn county. The case was tried before Kingsley, 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 Itasca county to enforce specific performance of a contract for the sale of land. The case was tried before Holland, 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 plaintiff, as trustee in bankruptcy of Axel G-. Brundin and Charles R. Brundin, co-partners as Brundin Bros., to set aside, as in fraud of creditors, a conveyance of land made by Charles R. Brundin to defendant. The case was tried before Kingsley, 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 Renville county to foreclose a real-estate mortgage. The case was tried before Powers, J., who made findings of fact, and as conclusions of law found that plaintiff was entitled to foreclosure, as prayed, and to a personal judgment against defendant Christian T. Ulrickson for such deficiency as might exist after application of the proceeds of the sale of the premises.

Action in the district court for Red Lake county against defendant City, and Great Northern Railway Company, to recover $15,000 damages for personal injuries. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff, against both defendants for $4,000.

Action in the district court for Red Lake county against defendant city, and Great Northern Railway Company, to recover $15,000 damages for personal injuries. Upon the trial before Watts, J., and a jury, the action was dismissed as to the railway company and a verdict was rendered against defendant city for $5,000.

Action in the district court for Anoka county to set aside the foreclosure of a real estate mortgage. The case was tried before Giddings, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed.

<p>Sale of Cottolene — lard Substitutes.</p> <p>G. S. 1894, §§ 7028, 7037, relating to the sale of lard substitutes, construed. Held, that they forbid the sale of cottolene which is manufactured so as to resemble lard, unless the package containing it is labeled, “Lard Substitute.”</p> <p>Conviction Sustained.</p> <p>Evidence in this case justified the conviction of the defendant of the offense of selling cottolene without its being so labeled.</p>

Action in the district court for Ramsey county to determine the adverse claims of defendants to real estate in plaintiff’s possession. Defendants asserted an interest under a state assignment certificate, regular upon its face, for the taxes of 1806, and an additional lien for $989.03, being the subsequent delinquent taxes of 1897 upon the premises, paid by defendants, as the holders of said certificate, on January 31, 1899.

Action in the district court for St. Louis county against defendant, as receiver of Duluth Street Railway Company, to recover $16,000 damages for personal injuries. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $2,500. From an order denying a motion for judgment in his favor notwithstanding the verdict, or for a new trial, defendant appealed.

Action in the district court for Hennepin county by plaintiff, as grantee of the mortgagor, to recover the amount of costs and disbursements collected by defendant, as mortgagee, on foreclosure by advertisement of a real-estate mortgage, upon the ground that the affidavit of costs and disbursements had not been filed within the time limited by statute. From a judgment entered in favor of defendant upon the pleadings, pursuant to an order of Elliott, J., plaintiff appealed.

Action in the district court for Morrison county against defendants, Joseph Dubreuille and Marie Dubreuille, his wife, to foreclose a real-estate mortgage, which embraced the homestead of defendants. The case was tried before Searle, J., who found as facts that the mortgage was duly executed by defendant Joseph, but that it was not executed by defendant Marie, his wife, and as conclusion of law found that the mortgage was void as to the homestead.

<p>Appeal by plaintiff from an order of the district court for Bamsey county, Kelly, J., denying a motion for a new trial.</p>

Action in the district court for Polk county to recover $2,094.88 damages, and interest, for the conversion of logs. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of pláintiffs for the sum demanded. From an order denying a motion for judgment in its favor notwithstanding the verdict, or for a new trial, defendant appealed.

The common council of the city of Duluth, acting as a canvassing board, having declared that at a general election at which the same were submitted certain proposed amendments to the city charter had not been accepted by the requisite three-fifths of the qualified voters of the city voting at such election, Henry F. .Greene, a qualified elector and member of the charter commission, appealed to the district court for St. Louis county.

The county canvassing board of Blue Earth county having declared Elliot A. Upson to have received the highest number of votes cast and to have been elected to the office of county commissioner of that county, at the general election held November 6, 1900, Robert S. Hughes, a rival candidate, appealed to the district court for said county. The case was heard before Cray, J., who found in favor of the contestee.

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

Action before a justice of the peace of Minneapolis, who rendered judgment for plaintiff. Defendant attempted to appeal to. the district court for Hennepin county. From a judgment entered, pursuant to an order, Elliott, J., dismissing the appeal, defendant appealed to the supreme court.

Action in tbe district court for Ramsey county to determine adverse claims to vacant and unoccupied real estate. Plaintiff asserted title under a sale for delinquent taxes for 1895 made pursuant to tbe tax judgment entered in said court on April 15, 1897. Tbe notices of expiration of tbe time for redemption from tbe tax sale, referred to in tbe opinion, were in tbe following form: “No. 4763. COUNTY AUDITOR’S OEFICE, Ramsey County, Minnesota.

William H. Yale having made an assignment for tbe benefit of bis creditors, plaintiff, as a creditor, filed bis claim with tbe assignee, defendant Youmans. Tbe claim being disallowed, plaintiff appealed to tbe district court for Winona county. Tbe case was tried before Snow, J.,' who found in favor of defendant. From a judgment entered pursuant to tbe findings, plaintiff appealed to tbe supreme court.

Action in the district court for Ramsey county to recover $15,000 damages for personal injuries. The case was tried before Jaggard, J., and a jury, which rendered a verdict in favor of plaintiff for $2,000. From an order denying a motion for judgment in its favor notwithstanding the verdict, or for a new trial, defendant appealed.

Action in the district court for Mille Lacs county to recover $658 , upon a policy of fire insurance. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $637.10. From an order granting a motion by defendant for judgment in its favor notwithstanding the verdict, plaintiff appealed.

Action in the district court for Hennepin county to recover $3,569.20 damages for the conversion of logs. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiff for $2,840.13. From an order denying a motion for judgment in their favor notwithstanding the verdict, or for a new trial, defendants appealed.

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

Action in the district court for Hennepin county to recover $526.25 for services rendered the county. Defendant demurred to the complaint on the ground that it did npt state a cause of action. The case was heard before Simpson, J., who sustained the demurrer as to all claims in excess of $85 and ordered judgment for plaintiff for that amount. From a judgment entered pursuant to the order, plaintiff appealed.

<p>Insurance — Adjustment of Loss — Action.</p> <p>When an insurance company settles and adjusts a loss with the policy holder, and promises and agrees to pay the amount agreed upon, such settlement and adjustment'becomes a new and independent contract, and the period fixed by the terms of the policy for bringing action thereon ' does not apply to the action brought upon the settlement.</p> <p>Action to Recover Premiums on Cancelled Policy.</p> <p>- An action against an insurance company to recover back premiums paid upon a policy of insurance which was,. subsequent to its issuance, cancelled and rendered inoperative by the act of the company, is not an action upon the policy, and need not be brought within the one-year limit fixed thereby.</p>

<p>Appeal by defendant from a judgment of the municipal court of St. Paul, Hiñe, J.</p>

Action in tbe district court for Bamsey county to determine the adverse claims of defendants to vacant and unoccupied real estate. The case was tried before O. B. Lewis, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

Appeal by defendant, Lawrence McGovern, from an order of the district court for Blue Earth county, Cadwell, J., denying a motion for a new trial.

Action in the district court for Ramsey county by a judgment creditor of defendant corporation for sequestration of its property. Charles W. Farnham, having been appointed receiver of defendant, filed a petition, pursuant to Laws 1899, c. 272, for an assessment of the stockholders. From separate orders, Otis, J., adjudicating and allowing the claims of plaintiff and other creditors, and directing such assessment, W. T. Kirke and other stockholders appealed.

Action in ejectment in the district court for Wadena county, to recover possession of two strips of land, occupied by defendants, on the original right of way of the plaintiff railway company. The case was tried before Searle, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defend^ ants appealed.

Lafayette Woodward died testate, a resident of Minneapolis, leaving property but no kin other than first cousins and descendants of first cousins. His will was duly proved in the probate court for Hennepin county and letters testamentary were issued to George W. Yates, named as executor. The executor having-petitioned for a decree of partial distribution of the estate the probate court made its decree, construing the will and directing distribution accordingly.

Appeal by defendant from an order of the district court for Hennepin county, McGee, J., denying a motion for a new trial. Respondent’s motion to dismiss the appeal denied.

Appeal by defendant from a judgment of tbe district court for Freeborn county, entered pursuant to the findings of Kingsley, J.

Action of ejectment in the district court for Ramsey county. Defendant answered pursuant to the provisions of G. S. 1894, § 2658, denying plaintiff’s title, admitting defendant’s taking and occupation of the premises for railway purposes and offering to pay such compensation as might be determined by the jury in case plaintiff should be found to be the owner. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $1,303.13.

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

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

Action of ejectment in the district court for Hennepin county. The case was tried before Harrison, J., who directed a verdict in favor of defendants. From an order denying a motion for judgment in his favor notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $320 paid to defendant on account of the purchase price of real estate, and interest, and $500 damages for defendant’s breach of his agreement to convey. The case was tried before O. B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $336.10. From an order denying a motion for judgment in his favor notwithstanding the verdict or for a new trial, defendant appealed.

Action of ejectment in the district court, for Nicollet county by Walden S. Hunt and others, substituted as plaintiffs in place of Sarah Hunt, deceased, against P. H. O’Leary and others, substituted as defendants in place of Edward O’Leary, deceased. Upon the first trial of the case judgment was entered in favor of the original defendant. Thereafter, plaintiff’s application for a second trial having been granted, William G-.

Appeal by relator from an order of the district court for Hennepin county, Brooks, J., vacating a writ of habeas corpus and remanding the minor children of relator to the care of respondent Mabel P. Greenwood, their mother.

Action in the district court for Wright county to recover $10,000 for personal injuries alleged to have been caused by a defective sidewalk in defendant village. The case was tried before Giddings, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

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

Action in the district court for Ramsey county to recover from defendant, as sheriff of said county, $703 damages for wrongful surrender of property which had been attached by defendant at the instance of plaintiff. The case was tried before O. B. Lewis, J., who, at the close of plaintiff’s testimony,, granted a motion to dismiss, 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.

<p>Judgment notwithstanding Verdict — Motion for Verdict.</p> <p>A motion at the close of the testimony requesting the trial court to> direct a verdict in favor of the moving party is a necessary preliminary, without which no further steps can be taken under the provisions of Laws 1895, c. 320.</p>

Action in the district court for Kamsev county by a judgment creditor of defendant corporation for sequestration of its property. Ludowic D. Hause, having been appointed receiver of defendant, filed a petition pursuant to Laws 1899, c. 272, for an assessment of the stockholders. . From an order, Otis, J., directing such assessment, H. F. Stevens and other stockholders appealed.

Appeal by defendants from an order of tbe district court for Houston county, Kingsley, J., granting a motion for a new trial.

Appeal by defendant from an order of the district court for Brown county, Webber, J., striking out defendant’s answer as sham, false and frivolous.

Action in the district court for Red Lake county by plaintiff, as administrator of the estate of James C. O’Brien, deceased, to recover $1,950 for labor performed for defendants by decedent. The case was tried before Watts, J., who found in favor of plaintiff in the sum of $892.79 and interest. From an order denying a motion for judgment notwithstanding the findings or for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $15,000 damages for personal injuries. The case was tried before Otis, J., and a jury, which rendered a verdict in favor of plaintiff for $7,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by relator from an order of the district court for Ramsey county, Bunn, J., vacating a writ of habeas corpus and remanding Edward McNichols to the custody of respondent, Philip C. Justus, sheriff of that county.

<p>Action in tbe district court for Ramsey county to determine adverse claims to vacant and unoccupied land. The case was tried , before Jaggard, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.</p>

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

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

Action in the district court for Clay county by Hans Olson, as administrator of the estate of Ole H. Olson, deceased, to recover two thousand dollars for the death of plaintiff’s intestate. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. Thereafter, pursuant to an order of said court, judgment notwithstanding the verdict was entered in favor of defendant. Plaintiff appealed from the judgment.

Appeal by defendant from an order of the district court for Traverse county, Steidl, J., denying a motion for judgment in her favor notwithstanding the verdict or for a new trial.

Action in the district court for Sibley county by,John W. Merhoff, as executor of the last will of Casper H. Merhoff, deceased, to foreclose a real-estate mortgage executed by defendants to decedent. The case was tried before Cadwell, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

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

Action in the municipal court of Minneapolis to recover $812.50, with interest, as commissions under a contract. The case was: tried before Holt, J., who found in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the findings, defendant appealed.

Appeal by plaintiff from an order of the district court for Clay county, Baxter, J., granting defendant’s motion for judgment in its favor notwithstanding a verdict in favor of plaintiff for nine hundred dollars.

Defendant was convicted in the district court for Hennepin county of grand larceny in the second degree. From an order, Simpson, J., denying a motion for a new trial, defendant appealed.

Action in the district court for Eamsey county to recover two hundred fifty dollars, and interest, for professional services a.s physician and surgeon rendered to an employee of defendant at the latter’s request. The case was tried before Kelly, 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.

Defendant was indicted for perjury. A demurrer to the indictment was overruled by an order of the district court for Hennepin county, Harrison, J., and the case was certified to the supreme court for the decision of certain questions, which are set out in full in the opinion.

Action before a justice of the peace to recover thirty-sis dollars, and interest, upon a promissory note. From a judgment in favor of defendant, plaintiff appealed on questions of law alone to, the municipal court of St. Paul. The case was tried b.efore Orr, J., who found in favor of plaintiff for the sum of thirty dollars and interest. From a judgment entered pursuant to the findings, defendant appealed to the supreme court.

Alternative mandamus issued out of the district court for Ramsey county on the relation of Max Matteson, directed to the probate court for said county and Hon. E. W. Bazille, judge thereof. From a judgment entered pursuant to an order of Otis, J., denying a peremptory writ and discharging the alternative writ, relator appealed.

Alternative mandamus issued out of the district court for Ramsey county upon relation of Gates A. Johnson, Jr., directing respondent, Robert A. Smith, as mayor of St. Paul and chairman of the Board of County Commissioners of said county, to sign and issue certain county orders, drawn in favor of relator, in payment for the use of horses necessarily employed by relator in the performance of his duties as county surveyor.

Action in the district court for Big Stone county to recover $750 damages tor severing and removing certain buildings from plaintiff’s land. The case was tried before Steidl, J., and a jury, which rendered a verdict in favor of plaintiff for one hundred twenty-five dollars. From an order granting a motion for a new trial, plaintiff appealed.

William Forster, and others, residents and legal voters -of Winona and Houston counties, having petitioned that a public road be laid out on a designated line running through said counties, the district court for Winona county granted the petition and appointed commissioners to locate the road and assess the damages and benefits. To the report of the commissioners, Lewis Lilly, whose land was affected by the road, filed objections.

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

Action in the district court for Hennepin county against the American Mining- Company and the Eastern Railway Company of Minnesota to recover $35,000 for personal injuries. From an order, Elliott, J., overruling its demurrer to the amended complaint, defendant railway company appealed.

Action in the district court for Sibley county to have a certain warranty deed declared a mortgage and to foreclose the same-From an order, Cadwell, J., overruling a demurrer to the complaint, defendants appealed.

Appeal by plaintiff from a judgment in favor of defendants entered in the district court for Goodhue county pursuant to the findings and order of Williston, J.

Action in the district court for Traverse county to determine adverse claims to land in possession of plaintiff. Judgment by default was duly entered in favor of plaintiff. ■ Thereafter Aaron T. Noble appeared specially and moved to vacate the judgment; and W. E. Harrington moved to open the judgment and for permission to defend. From separate orders, Flaherty, J., denying their respective motions, Aaron T. Noble and W. E. Harrington severally appealed.

Separate actions in the district court for Ramsey county by Joseph Laschinger, Patrick O’Brien and Thomas O’Mara against defendant St. Paul City Railway Company to recover damages for personal injuries. By consent the three actions were tried together before Jaggard, J., and a jury, which rendered separate verdicts; in favor of plaintiff Laschinger for $1,000, in favor of plaintiff O’Brien for $250, and in favor of plaintiff O’Mara for $50.

Action in the district court for Ramsey county to recover $1,513.45 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 judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Rice county, Buckham, J., denying a motion for judgment in its favor notwithstanding the verdict or for a new trial.

<p>Discharge in Bankruptcy — Revival of Debt.</p> <p>To revive a debt which has been paid by judgment in bankruptcy, an oral promise is sufficient, but it must be clear and unequivocal. If such promise is based upon a condition, then it must be shown that such condition has been complied with.</p> <p>Offer to Pay.</p> <p>In this case the maker of a promissory note agreed to pay the debt if the payee would give him time. In the absence of proof that the offer was accepted, and a definite time fixed, such offer did not justify a finding that the debt had been revived.</p>

Appeal by plaintiffs from orders of the district court for Houston county, Kingsley, J., disallowing a claim for attorney’s fees in an action for partition of land.

Action in the district court for Hennepin county to recover $5,000 for libel. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed. The receipt containing the libel was not privileged communication and the question should not have been submitted to the jury. Quinn v. Scott, 22 Minn. 456.

<p>Will — Jurisdiction of District Court.</p> <p>When the last will and testament of a deceased person has been duly proved and allowed in the probate court of the proper county, and proceedings involving its interpretation and legal effect are therein pending, a district court cannot be allowed to construe the instrument upon a disclosure made by the executor as garnishee.</p> <p>Garnishment — Practice. ,</p> <p>The proper practice in such a case is for the court taking the disclosure to stay all proceedings pending a construction of the will, and a determination of its legal effect in the probate court which has acquired original jurisdiction of the estate.</p> <p>Discharge of Garnishee — Appeal.</p> <p>Subsequent to a disclosure, in which all of the facts appeared, and also that the executor had in his hands a large sum of money belonging to said estate, attorneys for the garnishee moved that he be discharged, and thereafter appealed from an order denying the motion. Whether such order is appealable is questioned, and left undetermined.</p>

Defendant was convicted in the district court for Hennepin county, McGee, J., upon two indictments charging him with keeping a gambling device. From each of the judgments of conviction, defendant appealed. Judgment in case 12,732 affirmed.

Action in the district court for Norman county to recover $5,000 damages for malicious prosecution. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $150. From an order denying a motion for a new trial, defendant appealed.

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

Appeal by defendant from a judgment of the district court for Scott county, Cadwell, J., affirming a judgment of a justice of the peace before whom defendant was convicted of the offense of keeping open his saloon in violation of an ordinance of plaintiff city.

Appeal by defendant from a judgment of tbe district court for Scott county, Cadwell, J., affirming a judgment of a justice of tbe peace before whom defendant was convicted of tbe offense of keeping open bis saloon in violation of an ordinance of plaintiff city.

Action in the district court for Lac qui Parle county to recover $58.41 for services rendered. The case was tried before Qvale, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the verdict, defendant appealed.

Writ of certiorari issued from the district court for Garitón county to defendants, Town of Twin Lakes and John F. Hynes as county auditor of said county, to review the action of the town board of review of said town in refusing to cancel an assessment of the personal property of the Sauntry-Gain Company. From an order, Dibell, J., quashing the writ, relators appealed.

Writ of certiorari issued from the supreme court to the district court for Ramsey county and Hon. William Louis Kelly, one of the judges thereof, to review a judgment of said court in proceedings under Laws 1899, c. 292, to condemn land for a public market.

Action in the district court for Olmsted county against defendants, Eva L. Gates and another, the heirs of Erford A. Gates, deceased, to recover $500 for breach of warranty on the sale of a stallion by decedent. The case was tried before Snow, J., and a jury, which rendered a verdict in favor oí defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover upon a judgment against defendant docketed in said court. The action was tried before Dibell, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant from a judgment of the district court for Ramsey county in favor of plaintiff, entered pursuant to the findings and order of Jaggard, J.

Proceedings in the district court for St. Louis county by Eldridge M. Fowler and others for the vacation of the plat of the townsite of Eveleth. C. Vandal and others, owners of certain lots in said townsite, objected to the vacation.

Separate actions in the district court for Hennepin county by Agno Marengo, as father of Camile Marengo, an infant, to recover $35,000 for personal injuries to the boy, and by Agno Marengo individually to recover $3,500 for loss of services of his son by reason of such injuries. By consent the two cases were tried together before Elliott, J., and a jury, which rendered separate verdicts in favor of plaintiff; in the first case for $8,000, and in the second case for $1,200.

Appeal by plaintiff from an order of the district court for Olmsted county, Snow, J., granting defendant’s motion for an allowance of attorney’s fees in divorce proceedings.

Action in the district court for Goodhue county by a judgment creditor of defendant Story Specialty Manufacturing Company to enforce a liability created by G. S. 1894, §§ 2824, 2825, of defendants, A. P. Story and others, as directors of said corporation. The case was tried before Williston, J., who made findings of fact and as conclusion of law found that defendants were jointly and severally liable to plaintiff for the amount of its claim against the corporation.

Appeal by defendants from an order of the district court for Winona county, Snow, J., denying a motion for judgment notwithstanding the verdict and granting a motion for a new trial.

' Action in the district court for Clay county to restrain defendants from perfecting the organization of a certain new school district within plaintiff’s territory. The case was tried before Baxter, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Eamsey county to recover $410.74 and interest upon a policy of fire insurance. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Stevens county to recover $10,000 for personal injuries. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of defendant under instructions of the court. From an order denying a motion for a new trial, plaintiff appealed.

Separate actions in tbe district court for Ramsey county by Edwin M. Parish and John Q. Adams to recover from defendant city for services rendered. The two cases were by consent tried together before Jaggard, J., who made separate findings in favor of plaintiffs. From separate orders denying a motion for a new trial in each case, defendant appealed.

Appeal by plaintiffs from a judgment of the district court for Wright county entered pursuant to the findings and order of Giddings, J.

Action in the district court for Ramsey county to recover $7,500 for personal injuries. The case was tried before Kelly, J., who directed a verdict in favor of defendant. From an order granting a motion for a new trial, defendant appealed.

Alternative writ of mandamus issued on relation of Clay County Abstract Company from the district court for Clay county, directed to G. D. McCubrey, the clerk thereof, requiring him to show cause why he should not permit relator, for the purpose of certifying abstracts of title, to have free access to the judgment docket and other public records in respondent’s office.

<p>Defendant was convicted in the district court for Hennepin county of the crime of keeping open a saloon on Sunday. From an order, Elliott, J., denying a motion for a new trial, defendant appealed.</p>

Action in the district court for St. Louis county to recover $2,004, and interest, damages for collision of the steam vessel (trover with plaintiff’s piling and construction work in the Duluth ship canal caused by the negligence of defendants’ tug-boat and tow. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiff for $1,687.87.

Action in the district court for Hennepin county against William Meyer and another, defendants and First National Bank of Fairmont, garnishee. The garnishee disclosed certain notes and book accounts placed in its hands by defendants, and held by the garnishee subject to two orders in favor of Aultman, Miller & Co., a corporation which upon its application was thereafter permitted to intervene. The orders referred to are set out in the opinion.

In proceedings in the district court for Hennepin county to enforce payment of taxes delinquent upon real estate for the year 1899 the Northwestern Telephone Exchange Company, as owner of real estate sought to be taxed, interposed an answer. The case was tried before Simpson, J., who found in favor of plaintiff.

Action in the district court for Blue Earth county to vacate and set aside a sheriff’s sale of real estate under execution on the ground that the premises were plaintiffs’ homestead and therefore exempt. The case was tried before Cray, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Hennepin count y to recover the amount of a local assessment levied upon land of plaintiff pursuant to Laws 1897, c. 88, for the improvement of Lake Minnetonka, said assessment having been paid into the county treasury under protest and for the purpose of effecting a transfer of said property. From an order sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Blue Earth county by plaintiff, a judgment creditor of defendant William Gerlich, to set aside a conveyance of real estate made by him to defendant Catherine Gerlich as being in fraud of creditors, and to establish the lien of plaintiff’s judgment upon the premises. The case was tried before Cray, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action in tbe district court for St. Louis county to restrain defendant company from maintaining and extending its telephone poles and wires in the streets of plaintiff city of Duluth. The case was tried before Cant, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

<p>Appeal from Part of Order.</p> <p>< An appeal may be taken from a part of a final order or judgment if the part whereby the appellant is aggrieved is so far distinct and independent that it may be adjudicated on appeal without bringing up for review the entire order or judgment.</p> <p>Order Allowing Fees to Executor — Appeal.</p> <p>So much of an order of a probate court settling and allowing the account of an executor or administrator as adjudicates his claim for services may be appealed from without bringing up the entire order for review. Capehart v. Logan, 20 Minn. 395 (442), distinguished.</p>

Appeal by defendant from an order of the district court for Rock county, P. E. Brown, J., sustaining a demurrer to a portion of the answer. The separate defense demurred to is set forth in the opinion.

Action in ejectment in the district court for Washington county. The case ■ was tried before Williston, J., who found in favor of plaintiff and directed judgment against defendant for $112 for the use and occupation of the land. From an order denying a motion for a new trial, defendant appealed.

Action in ejectment in the district court for Stevens county. The case was tried before Powers, J., and a jury, which rendered a-verdict in favor of plaintiff for possession of the land, and $675 for the use and occupation thereof. From an order denying a motion for judgment in his favor notwithstanding the verdict or for a new trial, defendant appealed.

Action in tbe district court for Polk county to recover $420, with interest, for services rendered as deputy clerk of said court. Tbe case was tried before Watts, J., wbo found in favor of plaintiff for tbe sum demanded. From a judgment entered pursuant to tbe findings, defendant appealed.

Action in the district court for Ramsey county to recover $10,000 for breach of promise of marriage. The case was tried before Otis, J., and a jury, which rendered a verdict in favor of plaintiff for $6,000. From an order denying a motion for a new trial on condition that plaintiff consent to a reduction of the verdict to $4,000, which condition was duly complied with, defendant appealed.

Action in the district court for Ramsey county to recover $10,000 for malicious prosecution. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $300. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Itasca county to enforce a lumberman’s lien. Defendant Churchill defaulted and Carney Brothers Company intervened, claiming ownership of the property free of incumbrance. The case was tried before Holland, J., who found in favor of the intervenor. From an Order, Mc-Clenahan, J., granting a motion for a'new trial, the intervenor appealed.

Action in the district court for Ramsey county to recover $150, and interest, broker’s commission for procuring a purchaser for real estate. 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 judgment in their favor notwithstanding the verdict or for a new trial, defendants appealed.

Action in tbe district court for Hennepin county to set aside an award made by referees and to recover $3,000 and interest upon a policy of fire insurance. Tbe case was tried before Pond, J., wbo found in favor of plaintiff for tbe sum demanded. From an order denying a motion for a new trial, defendant appealed.