Volume 88 — Minnesota Reports

<p>Appeal by defendant from an order of the municipal court of Mankato, Shissler, J., denying a motion for a new trial.</p>

Action in the district court for Clay county by Clay County Land Company to recover possession of its offices and the contents thereof'and to restrain defendant Henry C. Alcox from interfering therewith. On defendant’s motion Samuel A. Hoyt was by order, Baxter, J., made a party plaintiff and required to reply to defendant’s answer. The case was dismissed as to plaintiff and thereafter judgment by default was ordered in favor of defendant against Samuel A. Hoyt.

Action in the municipal court of Minneapolis to recover from .defendants $450 for breach of contract to pay a commission for procuring a purchaser for certain personal property. The case was tried before Holt, 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.

Action in the district court for Ramsey county to recover $20,000 for personal injuries. The case was tried before Otis, J., and a jury, which rendered a verdict in favor of plaintiff for $6,750. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Proceeding in the nature of quo warranto, on information of the-attorney general, in the district court for Steele county, to determine the right of defendant to exercise the office of night watchman in the city of Owatonna. From an order, Buckham, J., overruling a demurrer to the information, defendant appealed.

Appeal by plaintiff from an order of the district court for Becker county, Baxter, J., vacating the findings in favor of plaintiff theretofore made, and granting a new trial.

Defendant was convicted in the district court for Ramsey county, Bunn, J., of the offense stated in the opinion. From the judgment of conviction, defendant appealed.

Eelator being arrested and detained by defendant, as marshal of the village of Perham, on the charge of giving away intoxicating liquor without a license, sued out a writ of habeas corpus from the district court for Otter Tail county. From an order, Baxter, J., discharging the writ and remanding him to the custody of defendant, relator appealed.

Upon the accusation and petition of Eli Southworth, as secretary of the state board of examiners in law, filed pursuant to the provisions of Laws 1901, c. 62, an order was issued from the supreme court requiring respondent, James N. Bearnes, to show cause why he should not be removed from his office of attorney and counsellor at law of said state.

<p>Trustee in Bankruptcy.</p> <p>In an action by a trustee in bankruptcy to set aside a conveyance of property, the trustee is presumed to represent the creditors of the bankrupt, and the burden is upon those who deny his authority to prove the contrary.</p> <p>Charge to Jury.</p> <p>Certain remarks of the trial judge, made while instructing the jury, considered, and held not prejudicial, in view of the entire charge and the evidence.</p>

Plaintiff, as executor of the last will of Norman W. Kittson, deceased, filed its final account in the probate court for Ramsey county, claiming thereby $18,250 as compensation for its services. ‘ Objections being made by defendants the probate court disallowed plaintiff’s claim to the extent of $6,250, and surcharged the account with that amount. Plaintiff thereupon appealed to the district court for said county.

<p>Lighting Contract — Injunction.</p> <p>Where the legislative body of a municipality has authority to make a contract for lighting its streets with a third party, but has not pursued the legal course provided by law in awarding the contract, the signing and delivering thereof may be enjoined at the suit of a taxpayer, who is not required to await the performance of the contract in material respects before instituting proceedings to restrain its execution.</p>

Action in the district court for Ramsey county to recover $10,260 for personal injuries, resulting from collision with defendant’s street car. The case was tried before O. B. Lewis, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county by plaintiff, as administrator of the estate of John J. Sharp, deceased, to recover $5,000 for the death of decedent. The action was dismissed as to all defendants except Archibald Guthrie, and others, co-partners as A. Guthrie & Co. The case was tried before Otis, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500.

Appeal by plaintiff from an order of the district court for Ramsey county, O. B. Lewis, J., granting a motion for a new trial, after a trial and verdict in favor of plaintiff for $262.07.

<p>Action in tbe district court for Ramsey county to recover $3,705 upon a bond in claim and delivery proceedings. Tlie case was tried before Brill, J., and a jury, which rendered a verdict in favor of plaintiff for $1,008.59. From an order granting a motion for a new trial, plaintiff appealed.</p>

Action in the district court for Ramsey county to recover $5,000 damages for breach of warranty on the sale of an emery wheel. The case was tried before Otis, J., who dismissed the action upon the close of plaintiff’s testimony’. From an order denying a motion for a new trial, plaintiff appealed. Affirmed. The case of Schubert v. J. R. Clark Co., 49 Minn. 331, is decisive of the case at bar.

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

Defendant was convicted in the municipal court of Minneapolis-of violation of a city ordinance regulating the sale of liquor, and sentenced to pay a fine of $100 or to be imprisoned for ninety days.. From the judgment of conviction and from an order denying a. new trial, Holt, J., defendant appealed. Affirmed.

Appeal by defendant from- an order of the municipal court of Minneapolis, Dickinson, J., denying a motion for a new trial, after a trial and conviction of the crime of embezzlement. Affirmed.

Action in the district court for Hennepin county to recover $1,155 'for personal injuries resulting from a fall caused by defective paving between defendant’s railway tracks at a street crossing. ‘The case was tried before Pond, J., and a jury, which rendered a verdict in favor of plaintiff for $666.66. -From an order denying a motion for judgment notwithstanding the verdict or for a .new trial, defendant appealed. Affirmed. .

Action in the municipal court of Minneapolis to recover $30, and interest, for medical and surgical services rendered to certain employees of defendant at the latter’s request. The case was tried before Holt, 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, but granting a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Clay county, McGee, J., sitting for the judge of the Seventh judicial district, denying a motion for a new trial, after a trial and conviction of the crime of robbery in the first degree.

Appeal by defendant from an order of the district court for Ramsey county, Otis, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $2,000.

Action in the district court for Freeborn county to recover $15,000 for personal injuries sustained by plaintiff, a passenger on defendant’s railway train, as the result of being wrongfully carried beyond her destination. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $1,550. From an order granting a motion for a new trial, plaintiff appealed.

<p>Appeal by plaintiff from a judgment of the district court for Waseca county, entered pursuant to an order of Buckham, J. Affirmed.</p>

Petition by relator for a writ of prohibition from the supreme court directed to the district court for Pine county and Hon. F. M. Crosby, a judge thereof, restraining further action or proceedings in that county in an action therein pending by Peter McAllen against relator.

Action in the district court for St. Louis county to recover from defendants $3,000 upon a contract. The case was tried before Dibell, J., who, upon the close of the testimony, directed a verdict in favor of plaintiffs for the sum demanded. From an order denying a motion for a new trial, defendants appealed.

Upon the application and affidavit of plaintiff an order was issued from the district court for Dakota county requiring defendant to show cause why the judgment and decree of divorce entered in the action on February 6, 1892, should not be modified in respect to the amount of alimony and allowances required to be paid to defendant.

Appeal by plaintiffs from an order of the district court for Hennepin county, Elliott, J., granting a motion for a new trial, after a trial and verdict in favor of plaintiff for $1,242.50.

Action of ejectment in the district court for Faribault county to recover possession of lot No. 9 in block No. 2, lots Nos. 4 and 5 in block No. 10, and lot No. 18 in block No. 17, in the village of Wells in said county. Defendant George W. Newell answered, disclaiming any interest in- the premises. The case was tried before Quinn, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant Alfred 0. Newell appealed.

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

Action in the municipal court of Duluth to recover $350 rent upon a lease. The case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff for $105.62. A motion for a new trial being denied, defendant appealed to the district court for St. Louis county. From an order, Cant and Dibell, JJ., reversing the order of the municipal court, plaintiff appealed to the supreme court.

Action in the district court for Pine county to recover from defendant $500 damages for the flooding of plaintiff’s land, caused by the alleged negligent operation by defendant of certain dams maintained by it in Willow and Kettle rivers. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for $200. From an order denying a motion for a new trial, defendant appealed.

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

<p>Levy on Execution — Affidavit of Claimant.</p> <p>Where property is seized under execution against a person other than the true owner, the affidavit provided for in G. S. 1894, § 5296, as a prerequisite to an action for its recovery, or for damages, is not necessary when, at the time of its seizure, it is in the lawful possession of the claimant.</p> <p>Evidence.</p> <p>Evidence considered, and held sufficient to sustain a verdict depending on the essential fact that the purchaser of furniture in a hotel had possession thereof sufficient to create the prima facie presumption that he was operating the place and in control' of its business.</p>

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

Appeal by defendant from an order of the district court for Hennepin county, Harrison, J., denying a motion for a new trial, after a trial and conviction of the crime of accepting a bribe.

Defendant was convicted in the district court for Hennepin county, Simpson, J., of the offense of receiving a reward for procuring for another person an appointment to a public office, and sentenced to confinement for ninety days in the Minneapolis city workhouse. From an order denying a motion for a new trial, defendant appealed.

<p>Question for Jury — Failure to Submit — Exception.</p> <p>The failure of the court to submit to the jury a question of fact in issue by the pleadings, and which was not abandoned at the trial, is error; and under Laws 1901, c. 113, requests to submit such issue, and exceptions for failure so to do, are not necessary. Steinbauer v. Stone, 85 Minn. 274, and other cases distinguished.</p>

Action before a justice of the peace to recover $99, money had and received, being the alleged unearned portion of the consideration paid by plaintiff to defendant for the privilege of conducting a vaudeville show at the state fair grounds, which privilege was cancelled by defendant before the expiration of the term. Plaintiff recovered judgment for the sum demanded, whereupon defendant appealed to the municipal court of St. Paul on questions of law and fact.

Appeal by defendant from a judgment of the district court for St. Louis county, entered pursuant to the findings and order of Dibell, J., directing the issue of a peremptory writ of mandamus requiring defendant to construct a street-railway track on the street formerly known'as Grand avenue in the village , of West Duluth, commencing at Sixteenth avenue west in the city of Duluth, and running thence easterly and connecting at Fortieth avenue west with the West Third street…

Separate actions in the district court for Bamsey county, the first, by Caroline Sanderson to recover $2,000 for personal injuries; the second, by A. W. Sanderson to recover $2,040 for injuries resulting from the sickness and suffering of his wife, plaintiff in the first case, and for breach of contract for the transportation* of himself and family.

Action in the district court for Stearns county to recover $112 for breach of contract to sell and deliver to plaintiffs eight hundred bushels of rye. The case was tried before Searle, J., who dismissed the action upon the close of plaintiff’s testimony. From an order granting a motion for a new trial, defendant appealed.

Defendant, having been indicted in the district court for Olmsted county of the crime of grand larceny in the second degree, ■entered a plea of former jeopardy, to which plea the state interposed a general demurrer. The case was heard before Snow, J., who made an order sustaining the demurrer, and at defendant’s request certified to the supreme court for its determination the questions stated in the opinion.

Appeal by defendant from an order of the district court for Hennepin county, Simpson, J., denying a motion for a new trial after a trial and conviction of the crime set forth in the opinion.

Action in the district court for Waseca county to- restrain defendant city and its officers from levying and assessing against plaintiff’s land the costs of a sidewalk constructed in front thereof and adjacent thereto by defendant city. The case was tried before Buckham, J., who found in favor of plaintiff and ordered that the temporary writ of injunction theretofore issued be made permanent. From an order denying a motion for a new trial, defendant city appealed.

Action in the district court for Ramsey county to recover $10,600 for personal injuries received by plaintiff while a passenger on defendant’s street car; The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $250, and interest, for the conversion of certain flaxseed. The case was tried before Holt, 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 Morrison county to foreclose á mechanic’s lien. The case was tried before a referee, who found in favor of plaintiff. From a judgment entered pursuant to the report and findings of the referee, defendant appealed.

In the matter of the estate of Philip Shanahan, deceased, a' final decree of distribution was entered in the probate court for Houston county assigning the residue of the estate to the beneficiaries… Held: that “there can be but little doubt that the chapter of our statutes concerning uses and trusts (Comp. St. c. 32) relates to real property only.” The fifth subdivision of section 11 was then in force.

Action in the district court for Ramsey county to recover from defendants, Alexander Cathcart and Pioneer Apartment House Company, $10,000 damages for alleged fraud upon plaintiff committed by defendant Cathcart, in collusion with defendant company, while acting as plaintiff’s agent in the exchange of real estate. The case was tried before Brill, J., who, upon conclusion of plaintiff’s testimony, directed a verdict in favor of defendants.

Action in the municipal court of St. Paul to recover $195, and interest, upon an accident insurance policy. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order granting a motion for a new trial, plaintiff appealed.

From an order of the probate court for Hennepin county allowing in full a claim filed by plaintiff against the estate of Burt J. Sawyer, deceased, defendants, as administrators of the estate, appealed to the district court for said county. The case was tried before Pond, J., who found that certain items of the claim accrued more than six years prior to the death of decedent, and judgment was ordered reversing the order of the probate court as to those items.

Action in the district court for Hennepin county to recover f1,500, and interest, accident indemnity, upon a certificate of membership issued by defendant, a fraternal, beneficial association. The case was tried before Brooks, 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, defendant appealed.

From an order of the probate court for Steele county allowing a claim, based upon a promissory note of decedent, filed by plaintiff against the estate of Edgar E. Cady, deceased, defendant, an heir, appealed to the district court for said county. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $1,500, and interest, upon a fire insurance policy. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiffs for the sum 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 Hennepin county to recover $2,194.62, and interest, upon an indemnity bond. The case was tried before Harrison, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

Appeal by defendants from an order of the district court for Hennepin county, Harrison, J., denying a motion for a new trial. It is well established by the authorities that words merely descriptive of the character, quality, or composition of an article cannot be monopolized as a trade mark. J. R. Watkins Medical Co. v. Sands, 83 Minn. 326; Van Beil v. Prescott, 82 N. Y. 630; Caswell v. Davis, 58 N. Y. 223; Amoskeag Mnfg.

Separate actions in the district court for Sherburne county; that against defendant Henry G. Bailey being in ejectment; that against defendant Yernon O. Bailey being to determine his adverse claim to vacant and unoccupied land. The cases were tried together before Griddings, J., who found in favor of defendant in each case. From the separate judgments entered pursuant to the findings, plaintiffs respectively appealed.

<p>New Trial.</p> <p>For reasons stated in the opinion, a new trial is ordered in this cause.</p>

<p>Action to Enforce Trust.</p> <p>Certain land .was conveyed to the defendant by third parties, and one-third of the purchase price therefor was paid by her husband. The plaintiff, at the time the conveyances were made, was a judgment creditor of the husband, and this action was brought against the defendant alone to enforce a trust in the land to the extent necessary to satisfy the plaintiff’s judgment. Beld, that the complaint states a cause of action, that the discharge of the husband from his debts in bankruptcy did not affect the plaintiff’s right to enforce the trust, that the plaintiff had a right to call the defendant and examine her touching the issues in the action without the consent of her husband, and that the evidence sustains the findings of fact of the trial court.</p>

Action in ejectment in the district court for Waseca county by plaintiff, as administrator of the estate of Peter O. Houg, deceased. 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.

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

Appeal by defendant from an order of the district court for Itamsey county, Bunn, J., denying a motion for a new trial, after a trial and conviction of the crime of swindling.

Appeal by defendant from an order of the district court for Ramsey county, Bunn, J., denying a motion for a new trial, after a trial and conviction of the crime of swindling.

Action in the district court for Kandiyohi county to determine the boundary line between the adjoining lands of plaintiffs and defendants. The plan printed on pages 276 and 277, defendants’ “Exhibit 1,” illustrates the point in controversy. The case was tried before Powers, J., who found, as conclusion of law, that the boundary line between lot 7 and lots 2 and 4 was the quarter section line running north and south through section four.

Action in the district court for Ramsey county by plaintiff, as administrator of the estate of William Gf. Whitacre, against defendant, as administrator of the estate of Samuel D. Lord, to recover the value of certain land belonging to Whitacre which was sold by Lord during his lifetime, while believing himself to be the owner thereof. The case was tried before Jaggard, J., who found in favor of defendant. From a judgment entered pursuant to the order, plaintiff appealed.

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

Action in the district court'for St. Louis county to recover $8,000 for damages to plaintiff’s land caused by a change in tbe established grade of the abutting street. From an order, Dibell, J., overruling a general demurrer to the complaint, defendant appealed. The constitutional amendment does not change the rule in this state, so far as change of grade by municipal corporations is concerned.

Action in the district coui;t for St. Louis county to recover from defendant $10,095, for damages resulting from the revocation by defendant’s common council of a permit previously granted plaintiff to remove a frame building to a designated location within the fire limits of defendant city. From an order, Cant, J., overruling a demurrer to the complaint, defendant appealed. There is no liability if the action of the city was a valid exercise of the police power.

<p>Appeal by defendant from a judgment of the district court for Otter Tail county, Baxter, J.</p>

Appeal by defendants from an order of tbe district court for Polk county, Watts, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

Appeal by defendant from an order of the district court for Bock county, P. E. Brown, J., sustaining a demurrer to a part of defendant’s answer.

Action in the district court for St. Louis county, in the nature of a creditors’ bill, against defendants, Knute Berven and the administrator of the estate and heirs of Johanna Berven, deceased. The case was tried before Ensign, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants, John Brown as administrator and the heirs appealed.

Action in the district court for Steele county for an accounting by defendant and the transfer to plaintiff of a trust fund of $5,000 in the possession of defendant Rosebrock, as executor of the last will of Herman Heinrich Rosebrock, deceased. The case was tried before Buckham, J., who made findings of fact and as conclusions of law found that plaintiff was not entitled to the fund in controversy and that the action should be dismissed.

Appeal by defendant from a judgment of tbe district court for Hennepin county, Brooks, J., entered pursuant to a verdict in favor of plaintiff for $250.

Action in the district court for Stearns county to annul the franchise and privileges of defendant Water, Light & Power Company. From an order, Searle, J., overruling their demurrer to the complaint, defendants Industrial Trust Company and E. L. Gale, receiver of defendant water company, appealed.

Action in the district court for Waseca county to recover $486.73, and interest, upon three promissory notes. The case was tried before Buckham, J., who, upon the conclusion of the testimony, directed a verdict for plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

Action in tbe district court for St. Louis county against defendant as receiver of Duluth Street Railway Company to recover $25,626.88 for personal injuries received by plaintiff while riding as a passenger in defendant’s strefet car during a strike by defendant’s employees. Plaintiff was struck by a stone thrown by a strike sympathizer. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiff for $10,383.33.

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

'Action in the district court for Wabasha county to determine the adverse claims of defendants to certain land, alleged in the complaint to be vacant and unoccupied. The case was tried before Snow, J., who, upon the conclusion of plaintiff’s testimony, granted defendants’ motion to dismiss the action. From a judgment of dismissal, plaintiff appealed.

Action in the district court for Ramsey county to recover $380.25 damages sustained by plaintiff through defendant’s negligence with respect to certain celery stored in defendant’s warehouse. The case was tried before Brill, 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, defendant appealed.

Action in the district court for Brown county to recover $1,004.80, and interest, upon a bank check certified by defendant. The case was tried before Webber, J., who directed 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, defendant appealed. The partnership contemplated by Exhibit A was not to commence until December 1.

Appeal by defendants from an order of the district court for Ramsey county, Brill, J., denying a motion for judgment notwithstanding the verdict or for a new trial. Tiedeman, Com. Paper, § 227; Daniel, Neg. Inst. (5th Ed.) § 509; First National Bank v. Bensley, 2 Fed. 609; Burke v. Utah, 47 Neb. 247; 3 Am. & Eng. Enc. (1st Ed.) 333, Plaintiff did not attempt to enforce a special and conditional contract.

Action in the district court for Hennepin county to recover an undivided one-eighth interest in a patent issued to defendant, and to restrain defendant from disposing thereof, or for an accounting in case said patent had previously been disposed of. At the time of commencing the action plaintiff moved for -a temporary injunction. Defendant answered and at the same time served a notice of motion to dismiss the action for want of jurisdiction.

Appeal by defendant Louis S. Tainter from an order of the district court for Ramsey county, O. B. Lewis, J., denying a motion for a new trial.

Action in the district court for Waseca county to restrain defendants, board of control of tbe state public school and Gf. A. Merrill, its superintendent, from taking Delpbine Berry, a minor, from the possession of plaintiff, her legal guardian, and from assuming the custody and control of said minor. The case was tried before Buckham, J., who found in favor of defendants. From an order denying -a motion for a new trial, plaintiff appealed.

From a decree of the probate court for Rice county assigning the residue of the estate of Harvey Y. Scott, deceased, to defendants, Jasper Scott and others, the next of kin, plaintiff appealed to the district court for said county. From an order, Buckham, J., affirming the decree of the probate court, plaintiff appealed to the supreme court.

Action in the district court for Becker county to recover from defendant $2,500 and interest upon a promissory note. The case was tried before Baxter, J., who, upon the conclusion of the testimony, 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 Lac qui Parle county to recover $1,000 and interest upon a promissory note. Defendant answered, interposing a counterclaim for $5,500 damages for conversion. The case was tried before Powers, J., and a jury, which rendered -a verdict in favor of plaintiff for $1,431.98. From an order granting a motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover $163 death and disability benefits upon a casualty insurance policy. The case was tried before Holt, J., and a jury, which rendered a verdict in favor of plaintiff for $158. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Blue Earth county to recover from defendants, Frederick L. Hansing and Julia V. Hansing, $142.54, and interest, upon a promissory note. As to Frederick L. Hansing the action was subsequently dismissed. 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 Julia V. Hansing appealed.

Application having been made to the probate court for Dodge county by the guardians of Catherine Robinson, incompetent, to determine in behalf of the incompetent whether she should take under the will of Prosper Robinson, deceased, or renounce the same and take her share of the estate as provided by statuté, a decree was made that the incompetent renounce the will and take under the statute.

Action in the district court for Brown county by plaintiff, as trustee in bankruptcy for Fred Hager, bankrupt, to vacate, as being in fraud of creditors, a transfer of real estate made by defendant Fred Hager to defendant Mary Hager, his wife. Defendant Hager alone appeared and answered. The case was tried before Webber, J., who found in favor of-plaintiff. From a judgment entered pursuant to the findings, defendants Hager appealed.

Action in the district court for Steele county to determine the adverse claims of defendants to land in possession of plaintiff and to cancel certain deeds executed by defendant Patrick Malone purporting to convey the land to defendants Arthur J. and Francis P. Hagan. The case was tried before Buckham, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Polk county to recover $854.65 und interest upon a promissory note. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $73.07 only. From an order denying a motion for judgment for the sum demanded notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Dakota county to recover $1,500 and interest upon a life insurance policy. The case was tried before Crosby, J., and a jury, which rendered a verdict in favor of plaintiff for the sura demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

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

Action in the district court for Stearns county to recover from defendant city $5,366.67 for hydrant rentals. From an order, Searle, J., sustaining a demurrer to the answer, defendant appealed. The defense of impure water may be interposed by the city when sued for hydrant rentals. Farmers’ Loan & Trust Co. v. Galesburg, 133 U. S. 156, affirming City of Galesburg v. Galesburg Water Co., 34 Fed. 675.

Writ of certiorari issued from the supreme court upon relation of National Bond and Security Company, to review a decision of the state auditor denying a petition made by relator under Gr. S, 1894, § 1697,. for the refunding of certain taxes.

Appeal by defendant Willmar & Sioux Falls Railway Company from an order of the district court for Rock county, P. E. Brown, J., directing the issue of a writ of peremptory mandamus. The railway company owed no duty to the general public in relation to the spur track. The track was built for a private purpose only, viz., to transport stone from the quarry.

An appeal by defendants in each of sixteen cases from a judgment of the district court for Traverse county, Webber, J., in favor of the plaintiff in each case.

Plaintiff, a citizen of Minnesota, recovered judgment against defendant, an Iowa corporation, in the district court for Washington county. Thereafter the Standard Lumber Company, a foreign corporation, brought an attachment suit in Iowa against this plaintiff and garnished defendant with respect to its indebtedness to this plaintiff. Plaintiff was not served with process in Iowa.

Action in the district court for Clay county to recover $2,000 for personal injuries. The case was tried before McGee, J., (sitting for the judge of the Seventh judicial district), and a jury, which rendered a verdict in favor of plaintiff for the sum of $1,500. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Crow Wing county to recover from defendants, Seba S. Brown and D. W. Billings, $1,050, treble damages, for trespass upon plaintiff’s land. The case was tried before McClenahan, J., and a jury, which rendered a verdict in favor of plaintiff for $200. From an order denying a motion for a new trial, defendant Brown appealed.

Action in the district court for St. Louis county to recover $1,000 upon a fire insurance policy. The case was tried before Dibell, J., who found in favor of plaintiff for the sum of $900. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Polk county to recover $10,000 for personal injuries. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $5,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>Damages — Value of Use.</p> <p>Where damages are tó be assessed for the use of land unlawfully withheld from the person entitled to possession thereof, the latter may-recover the value of its use for any legitimate and proper purpose during the time he is deprived of such use.</p> <p>Evidence of Experts.</p> <p>Under the evidence in this case, held, that the defendants were prejudiced by the statements of experts, influenced by the results of an established business concerning which they had not sufficient knowledge to base an opinion.</p> <p>Evidence Inadmissible.</p> <p>Held, that when it is proper to show the value of the use of real property unlawfully withheld from the person entitled to possession, it is error to permit evidence of isolated benefits and advantages disconnected with the usual course of defendant’s occupancy, as under the evidence in this case.</p> <p>Taxation of Costs — Disbursements on Appeal.</p> <p>Since the amendment of rule 9 (80 Minn, v) on April 2, 1901, appellant, if the prevailing party, is entitled to tax disbursements for certifying and printing such matter as is reasonably necessary to present his assignment of errors, though he does not prevail upon all of them.</p>

Action in the district court for Hennepin county to recover $15,000 for personal injuries. The case was tried before Pond, J., and a jury, which rendered a verdict in favor of plaintiff for $2,250. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Hennepin county against defendants, Mary H. TJrquhart and others, to establish the lien of certain mortgages held by plaintiff upon six tracts of land in that county. Defendant Urquhart alone appeared and answered, claiming title under certificates of tax sale.

The probate court for Polk county having made an order admitting to probate the last will of Alexander Moore, deceased, plaintiff, contestant, appealed to the district court for said county. From an order, Searle and Baxter, JJ., affirming the order of the probate court, plaintiff appealed to the supreme court.

<p>Action in the district court for Ramsey county to recover $12,600 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $2,000. From an order denying a motion for a new trial, defendants appealed.</p>

Action in tbe district court for Ramsey county to recover $15,000 for personal injuries. Tbe case was tried before Otis, J., wbo 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 Brown county by plaintiff, as trustee in bankruptcy of the estate of Peter H. Dahl, to set aside a conveyance of real estate made by the bankrupt to defendant Amelia Dahl, on the ground that the transfer was in fraud of creditors. The case was tried before Webber, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Goodhue county to recover $4,135.65 and interest, for saw logs sold and delivered to defendant. The case was tried before Williston, J., who found in favor of plaintiff. From an order granting a motion for a new trial, plaintiffs appealed. Proofs cannot go beyond the averments of the pleadings. It has been expressly held by this court that an answer assailing a scale bill for fraud will not permit proof of mistake.

Action in the district court for Freeborn county against the administrator and heirs at law of Horatio N. Brown, deceased, to recover from the estate $2,500, and interest, upon a promissory note of deceased. ‘The case was tried before Kingsley, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for St. Louis county, by plaintiff, as administrator of the estate of Leslie J. Craig, deceased, to recover $5,000 for tlie death of decedent. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.