Volume 85 — Minnesota Reports

Action in the district court for Ramsey county by plaintiff, as trustee under the last will and testament of Charles D. Strong, deceased, to determine the heirs and beneficiaries under said will and trust, and to settle and adjust its first account as trustee. Certain of the heirs and beneficiaries answered, objecting to the trustee’s account.

Action in the district court for Morrison county to recover $2,000 for personal injuries. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $1,848. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was convicted in the district court for Wright county of the crime of subornation of perjury. From the judgment of conviction, and from an order,_ Giddings, J., denying a motion for a new trial, defendant appealed.

Action in the district court for Red Lake county to recover $15,000 for personal injuries. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $3,000. 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 Redwood county to recover $1,195, and interest, upon two promissory notes. The case was tried before Webber, J., and a jury, which rendered a verdict in favor of plaintiff for $163.63. From an order denying a motion for a new trial, plaintiff appealed.

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

<p>Appeal by plaintiff from an order of the municipal court of St. Paul, Orr, J. denying a motion for a new trial.</p>

Action in the district court for Redwood county to compel specific performance of a contract for the sale of land. The case was tried before Webber, J., who made findings of fact, and as conclusion of law found that plaintiff was entitled to a conveyance of the premises upon payment into court for the benefit of defendant of the amount found due upon the contract. From a judgment entered pursuant to the findings, defendant appealed.

Writ of quo warranto issued from the supreme court on the relation of the Attorney General, directed to Philip T. Megaarden, commanding him to show by what warrant he held and exercised the office of sheriff of Hennepin county.

Action in the district court for Ramsey county to recover $4,500 and interest upon two policies 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.

Separate actions in the district court for Ramsey county to recover upon their respective policies of fire insurance, from defendant Sun Insurance Office $2,500 and interest, and from defendant Agricultural Insurance Company of Watertown, New York, $1,500 and interest.

Action in the district court for Ramsey county to recover $7,002 commission upon a contract of agency. The case was tried before Otis, J., wbo directed a verdict in favor of defendant. From a judgment entered pursuant to tbe verdict, plaintiff appealed.

Appeal by defendant from an order of the district court for Brown county, Webber, J., overruling their separate demurrers to the complaint.

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

Action in tbe district court for Becker county to restrain defendants, village of Detroit and its officers, from issuing certain bonds for tbe purchase and construction of an electric-lighting plant. The case was tried before Baxter, J., who made findings of fact and as conclusion of law found that plaintiffs were entitled to a permanent injunction as prayed. From an order denying a motion for a new trial, defendants appealed.

Action in tbe district court for Blue Earth county to recover $15,000 damages for assault and battery. The case was tried before Cray, J., and a jury, which rendered a verdict in favor of plaintiff for $975. From an order denying a motion for a new trial, defendant appealed.

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

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

Action in the municipal court of St. Paul to recover $28 and interest for necessaries furnished to the wife of defendant. The case was tried before Orr, J., who found in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Blue Earth county to recover 4277, and interest, for rent of leased premises. The case was tried before Cray, J., who directed 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 in the district court for Goodhue county for selling intoxicating liquor without a license at the village of Cannon Falls. An order, Williston, J., overruling a demurrer to the indictment having been entered, the court at the request of the parties certified to the supreme court for its determination the questions set out in the opinion.

<p>Habeas Corpus — Failure to Support Family.</p> <p>The relator was committed by the municipal court of St. Paul to jail, in default of bail, to await the action of the grand jury of the county of Ramsey upon a complaint under the provisions of Laws 1901, c. 316, charging him with wilfully omitting to support his wife. Upoh a consideration of the evidence given against the relator on a preliminary bearing on the charge, held, that it conclusively appears that, if he is guilty of any crime, it was committed in the county of Hennepin; hence the municipal court of St. Paul was without jurisdiction in the premises.</p>

The probate court for Renville county, over the objections of plaintiff, made an order approving and allowing the account of defendant, as executor of the estate of Thomas Gr. Kelley, deceased, from which order plaintiff appealed tp the district court for said county. From an order entered upon the minutes of the district court denying a motion to affirm the order of the probate court, defendant appealed to the supreme court.

Action in the district court for Carver county to recover $1,500 and interest upon a policy of fire insurance. The case was tried before Cadwell, J., who directed 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 Le Sueur county by plaintiff, a foreign corporation doing business in said county, to recover $195.-50 and interest for goods sold therein. The case was tried upon stipulated facts before Cadwell, J., who made an order dismissing the action. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Watonwan county to recover $24,6, and interest, money paid to the use of defendant. The case was tried before Quinn, 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 county to enforce specific performance of a contract for the sale of land. The case was tried before Simpson 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 Watonwan county against defendant as administrator of the estate of K. O. Jorgenson, deceased, to recover the value of the widow’s third of a tract of land which plaintiff had purchased from defendant in his lifetime under an executory contract, which interest his widow refused to convey. The case was tried before Cray, J., who found in favor of defendant. From an order denying a motion for a new. tria.1, plaintiff appealed.

Appeal by plaintiffs from an order of tbe district court fpr Red Lake county, Watts, J., vacating a judgment entered by default,, and permitting defendant to answer.

<p>Personal Injury — Occupant of Hand Car — Negligence.</p> <p>A band car, occupied by a section crew, while running at the rate of five to eight miles an hour, ran upon a stick lying across one of the rails, thereby derailing the car and injuring one of the men. Held, that the evidence was not sufficient to show:</p> <p>1. That the foreman was not engaged in the reasonable exercise of his duty in keeping a lookout ahead for obstructions.</p> <p>2. That the accident could have been averted had he been in the proper exercise of such duty.</p>

Action in the district court for Pine county by plaintiff as administratrix of the estate of Edward Attix, deceased, to recover $5,000 for the death of decedent. The case was tried before Crosby, 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 Itasca county to recover $1,500 for malicious prosecution. The case was tried before McOlenahan, J., and a jury, which rendered a verdict in-favor of plaintiff for $750. From an order denying a motion for judgment in his favor 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., sustaining a demurrer to the complaint.

Action in the district court for Chisago county by pla±ntiffs as heirs of E. T. Fleming, deceased, for an accounting by defendant of the profits realized by him on the foreclosure of a mortgage upon land of which decedent died seised. The case was tried before Crosby, 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 Ramsey county to recover $2,600 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a general verdict in favor of plaintiff for $400, and returned the special findings of fact set out in the opinion. From an order granting defendant’s motion for judgment in his favor notwithstanding the general verdict, plaintiff appealed.

Action in the district court for Washington county to recover $10,150 for personal injuries. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of plaintiff for $4,228. From an order denying a motion for a new trial, defendants appealed.

Proceedings in tbe supreme court in tbe nature of quo warranto to oust and exclude respondents, state board of control and its members, from tbe management of tbe financial affairs of tbe state normal schools, and from interference with tbe state normal school board in tbe exercise of its right to manage said affairs.

Action in the district court for Hennepin county to recover $2,500 for personal injuries. The case was tried before Brooks, 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 Becker county to recover $5,000 for libel. From a judgment in favor of defendant, entered upon the pleadings pursuant to an order, Baxter, J., plaintiff appealed.

Petition to the supreme court by Ole O. Styve and others for a writ of mandamus directed to the Honorable Nathan Kingsley, Judge of the Tenth judicial district, requiring him to submit to a jury certain issues of fact raised in the case of City of Albert Lea against Jens P. Nielsen and others.

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

<p>Action to Cluiet Title — Pleading.</p> <p>In an action to quiet the title to real property, brought against the administrator of the estate of a deceased person, former owner of the property, and his unknown heirs, certain persons' claiming to be such heirs appeared and answered, setting forth in their separate answers that they were heirs of the deceased, and claiming title to the property. On a general demurrer by plaintiff to such answers, it is held that the allegations that defendants are the heirs of deceased are admitted, and it is immaterial that the question as to which of defendants are the rightful heirs has not been determined by the probate court.</p>

Proceeding in tbe nature of quo warranto in tbe district court for Dakota county, on tbe relation of tbe attorney general, to oust and deprive respondents, School District No. 108 and the treasurer, director and clerk thereof, of all corporate rights, powers, and franchises. From a judgment discharging a writ, entered pursuant to an order of Crosby, J., relator appealed.

Action in tlie district court for Ramsey, county to recover the amount of an award assessed in condemnation proceedings. From an order, Kelly, J., granting a motion for a new trial, plaintiffs appealed.

Action in the district court for Hennepin county to determine the adverse claims of defendants to land in possession of plaintiff. The case was tried before Elliott, J., and certain questions of fact were submitted to a jury. From a judgment in favor of defendant Koon, entered pursuant to the special verdict and the findings, plaintiff appealed.

Action in the district court for Itasca county to cancel a real-estate mortgage. Defendant John P. Sims alone appeared and answered. The case was tried before Holland, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiffs appealed.

<p>Appeal by defendant from a judgment of the district court for Nobles county, P. E. Brown, J.</p>

Plaintiff, the surviving husband of Christine Erickson, deceased,, appealed to the district court for Hennepin county from an order of the probate court for said county admitting to probate the ante-nuptial will of deceased. The • case on appeal was tried before Simpson, J., who found in favor of defendants and ordered judgment affirming the order of the probate court. From an order denying a motion for a new trial, plaintiff appealed to the supreme court.

Separate actions in the district court for Lyon county, by plaintiff, as father of Leo Fezler, a minor, to recover $35,000 for personal injuries; and by plaintiff, in his own behalf, to recover $3,500 for the loss of services of his minor son by reason of such injuries. By consent the cases were tried together before Webber, J., and a jury, which rendered separate verdicts in favor of plaintiff, in the first case for $3,000 and in the second case for $500.

<p>Statute of Frauds — Contract of Hiring.</p> <p>A verbal contract of hiring for tbe period of one year, where the term is to commence at a future time, and cannot be fully performed within a year, is voidable, under the statute of frauds (G. S. 1894, § 4209, subd. 1).</p> <p>Partial Performance — Compensation.</p> <p>While such contract is voidable, yet, if acted upon by the parties while it retains the element of nonenforceability, it furnishes the means of ascertaining the amount of compensation for what may have been done under it, and if the services contemplated are fully completed, the compensation provided for therein may be recovered. Spinney v. Hill, 81 Minn. 816.</p> <p>Payment for Services — Inference.</p> <p>But it is not, however, permissible, upon such a nonenforceable contract, as in the case at bar, to imply, by a continuance of labor on one side, and the payment for services on the other, a new period of service for the same term as of the first invalid agreement.</p>

Appeal by defendant from an order of the district court for Freeborn county, Kingsley, J., denying defendant’s motion to vacate a judgment, theretofore entered in the action by default, and for permission to interpose an answer.

Action in the municipal court of St. Paul to recover possession of a horse, or $500 in case return thereof could not be had. The case was tried before Orr, 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 Hennepin county to recover |260 and interest upon an indemnity bond. From an order, Brooks, J., sustaining separate demurrers to the complaint, plaintiff appealed.

Action in the district court for Stearns county to recover $5,125 for personal injuries. The case was tried before Searle, 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.

Action in the district court for Ramsey county to recover $989.22, and interest, for stone furnished under a written contract. The case was tried before Brill, J., and a jury, which rendered a verdict in favor of plaintiff for $1,076.25. From an order denying a motion, for a new trial, defendant appealed.

<p>Blacklisting — laws 1895, c. 174.</p> <p>Laws 1895, c. 174 (excluding consideration of section 3), is not in conflict with section 2, article 1, section 27, article 4, and sections 33 and 34, article 4, of the state constitution, nor the fourteenth amendment of the federal constitution.</p>

Alternative writ of mandamus issued from the supreme court on relation of S. B. Child, directed to the district court for Chippewa county, the Honorable Gorham Powers and the Honorable G. E. Qvale, judges thereof, and others, to review an order of said court denying relator’s motion to strike a certain cause from the calendar of said court, and to compel respondents to transmit the files of said action to the district court for Hennepin county.

Appeal by defendant from a judgment of tbe municipal court of St. Paul, Hiñe, J., by which he was convicted of the offense of peddling without a license in violation of the city ordinance.

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

In proceedings in tbe district court for Hennepin county for the voluntary dissolution of the Minneapolis Police Department Relief Association, a dissolution was adj'udged, defendant Odin Wold was appointed receiver of the corporation and its assets, and notice to file their claims was duly given to the creditors, including the city of Minneapolis.

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 'Elliott, J., and a 'jury, which rendered a verdict in favor of defendant. 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 $467.87, and interest, balance due upon a check drawn by one O. J. Cook to plaintiff’s order upon defendant bank. When first presented payment of the check was refused by defendant because it had been garnished with respect to Cook’s account.

Action in the distridt court for Crow Wing county by plaintiff, as administratrix of the estate of Louis M. Brown, deceased, to recover $5,000 for the death of decedent. The case was tried before McClenahan, J., who, upon the close of the testimony, directed a verdict for defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in tbe district court for Ramsey county to recover $5,100 for personal injuries. From an order, Otis, J., sustaining a general demurrer to the complaint, plaintiff appealed.

Action in the district court for Freeborn county to recover •$2,200 for the wrongful ejection' of plaintiff from defendant’s passenger train. The case was tried before Kingsley, J., and a .jury, which rendered a verdict in favor of plaintiff for $225. From an order denying a motion for a new trial upon condition that plaintiff consent to a reduction of the verdict to $150, which consent was filed, and from a judgment entered upon the reduced verdict, defendant appealed.

Action of ejectment in the district court for Dakota county to recover possession of a portion of a public street occupied by defendant. The case was.tried before Crosby, J., who found in favor of defendant. From a “judgment entered pursuant to the findings, plaintiff appealed.

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

Action in tlie district court for Freeborn county to recover $1,000 damages for the creation and maintenance of a nuisance by defendant at its stockyards in the city of Albert Lea. The case •was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $352. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $5,050 for personal injuries received by plaintiff while in the act of alighting from defendant’s street car. The case was tried before O. B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $1,'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 Ramsey county to quiet title to land as against the adverse claim of defendant under a tax certificate. The case was tried before Bunn, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Hennepin county to reform an instrument of assignment executed by Alexander Schoenau, deceased, of a beneficiary life certificate issued to him by defendant Grand Lodge, and to recover the sum of $1,500 claimed to be due plaintiffs as beneficiaries under said certificate.

Action in the district court for Ramsey county against defendants Gage and Kerr, to determine their title to, and to recover the sum of $348.65 paid into said court by defendant O. A. Smith Lumber Company to abide the determination of the action. The case was tried before Brill, J., who found in favor of defendants Gage and Kerr. From an order denying a motion for a new trial plaintiff appealed.

Appeal by defendant from a judgment of the district court for Steele county, entered pursuant to the findings and order of Buck-ham, J.

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

Action in the district court for Stearns county to recover $3,195 for personal injuries received by plaintiff while in the employ of defendant. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff for $240.50. From a judgment entered pursuant to the verdict, defendant appealed.

Action in tbe district court for Stearns county to recover $2,000 and interest upon a policy of life insurance. Tbe case was tried before Searle, J., and a jury, wbicb 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 tbe district court for Lake county to determine the adverse claims of defendant to vacant and unoccupied land. The case was tried before Dibell, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings defendant appealed.

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

Action in the district court for Stearns county to cancel and set aside a real-estate mortgage and the assignment and foreclosure thereof. Defendant Helen T. Leonard alone appeared and answered. The case was tried before Searle, i)., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant Leonard appealed.

Action in the district court for Freeborn county to recover $20,000 for injuries sustained by plaintiff in alighting from defendant’s passenger train while in motion. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $4,166.66. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, and from a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Polk county to recover $10,700 for injuries sustained by reason of plaintiff’s horse taking fright at a locomotive of defendant railway company. 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 separate motions for judgment in their favor notwithstanding the verdict or for a new trial, defendants jointly appealed.

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

Action in tbe district court for Ramsey county to reform and modify a final judgment entered in a former action for divorce between tbe same parties touching the custody and care of their minor child.

Proceedings in the district court for Polk county for collection of delinquent personal property taxes for 1899. The case was tried before Watts, J., who made findings of fact, and as conclusion of law found that plaintiff was entitled to judgment for $1,440, being the amount of the tax sought to be collected, and penalty thereon. On application of defendant the court certified to the supreme court for its determination the points stated in the opinion.

Action in the district court for Goodhue county to determine the adverse claims of defendants to land in possession of plaintiff. Upon the trial judgment was ordered for defendants upon the pleadings. From an order, Williston, J., granting a motion for a new trial, defendants appealed.

Alternative writ of mandamus issued out of the district court for Ramsey county on relation of the city of St. Paul, requiring defendant railway company to repair the bridge over its tracks at Edgerton street in said city, or to show cause to the contrary. The case was tried before Bunn, J., who denied a peremptory writ and' directed that the alternative writ be discharged. From an order denying- a motion for a new trial, relator appealed.

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

Action in tbe district court for Blue Earth county to foreclose a real-estate mortgage. 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.

Writ of quo warranto issued from the supreme court upon the relation of the attorney general and another to determine respondent’s right to the office of examiner of titles under the “Torrens system” of registration.

Action in the district court for Hennepin county to recover $10,000 for personal injuries. Tbe case was tried before Elliott, J., and a jury, which, rendered a verdict in favor of plaintiff for $1,000. From an order denying a motion for judgment in its favor notwithstanding the verdict or for a new trial, defendant appealed.

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

Action in the district court for Hennepin county by plaintiff for the benefit of Frank Gray, her minor son, to recover $5,000 for personal injuries. The case was tried before Elliott, 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 Hennepin county to determine the adverse claims of defendants to vacant and unoccupied land.

Action in ejectment in the district court for Traverse county. The case was tried upon an agreed statement of facts. From a judgment in favor of plaintiff, entered pursuant to the order of Webber, J., defendant appealed.

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

Action in ejectment in the district court for Ramsey county. The case was tried before Kelly, 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 Lake county to determine the adverse claims of defendants to vacant and unoccupied land. The case was tried before Ensign, J., who found that the title to the premises was vested in defendant Arthur B. Chapin and that plaintiff had no interest therein. From an order denying a motion for a new trial, plaintiff appealed.