Volume 89 — Minnesota Reports

Action in the district court for Ramsey County to recover $30,000 for personal injuries suffered through the alleged negligence of defendant in causing illuminating gas to enter the room of plaintiff while she was asleep. The case was tried before Otis, J., who granted motion to dismiss the action, upon the close of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by plaintiff from an order of the district court for Ramsey county, Jaggard, J., denying a motion for a new trial. Every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability, in respect of transactions or considerations already past, must be presumed, out of respect to the legislature, to be intended not to have a retrospective operation. Endlich, Interp.

<p>Sale — Stipulated Damages.</p> <p>In an action to recover the amount of stipulated damages provided in a contract for the purchase and sale of a plan for securing and publishing classified advertisements, held:</p> <p>1. Although the essential feature of the scheme was not originated by the seller, certain forms by which it was to be carried into effect were devised by him, and to that extent the subsequent use thereof by the purchaser was a use of the plan.</p> <p>2. The seller is limited in the amount of damages to that percentage of the Increase of gross revenues which resulted from the use of such particular forms. t</p>

Action in the district court for Hennepin county to recover from defendants,-H. H. Coleman and C. E. Lindberg, maker and indorser respectively, the sum of $15,000 and interest, upon a promissory note. The case was tried before Pond, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff appealed.

<p>Description — Tax Sale.</p> <p>Land intended to be sold pursuant to a tax judgment was described in the deed thus: “That strip of land lying within the north and south lines of block 111, West St. Paul Proper, produced to State street, in the city of St. Paul, Ramsey county, Minnesota.” ■ The block, as. platted, extended over and beyond State street; but in fact the land actually owned by the persons who platted the block did not extend to the westerly line of the street, and the strip of land intended to be described lies between such street line and the easterly line of the land actually owned by those who platted the whole block. Held, that the description is void for uncertainty.</p>

Action in the district court for St. Louis county to determine the adverse claim of defendant to vacant and unoccupied land. The case was tried before Dibell, J., who found in favor of defendant. From an order denying a motion for a new trial, plain' tiff appealed.

Action in the district court for Ramsey county to determine the boundary line between the lands of plaintiff and defendant. Hiram F. Stevens. Held: though the admission was in writing, providing the instrument did not operate as a conveyance; and the doctrine of estoppel by standing by and permitting another’s property to be sold, or of witnessing a deed to it made by another, supposes a like state of facts. Bigelow, Est.

Action in the district court for St. Louis county by plaintiff, as administrator of the estate of John Erickson, deceased, to recover $5,000 for the death of decedent. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. From a judgment entered pursuant to the verdict, defendant appealed..

Appeal by defendants from an order of tbe district court for Blue Eartb county, Lorin Cray, J., denying a motion 'for a new trial.

Separate actions in the district court for Ramsey county to recover from defendants, Arosin and Elmund, former treasurers of said county, and their sureties, $11,832.55 and $6,052.56, respectively, upon their official bonds. From orders, Otis, J., overruling their several demurrers to the complaints, defendants appealed.

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

Separate actions in the'district court for Ramsey county to recover from defendants, Sullivan and Johnson, former auditors of that county, and their sureties, $5,869.22 and $11,832.55, respectively, upon their official bonds. From orders, Otis, J., overruling their several demurrers to the complaints, defendants 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 Elliott, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover from defendant $5,693.36 for services upon a contract of employment. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $4,026.44. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, provided plaintiff should consent to a reduction of the verdict to $2,026.44, defendant appealed.

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

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

Action in the district court for Winona county by plaintiff, as administratrix of the estate of Lorence Kurstelska, deceased, to recover $5,000 for the death of decedent. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of plaintiff for $á,250. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Tbe St. Paul & Kansas City Grain Company, a corporation, having, pursuant to the insolvency laws of the state of Minnesota, made a general assignment of all its property for the benefit of all its creditors to Fred G. Yan Dusen and Peter B. Smith, the assignees obtained an order from the district court for Hennepin county requiring all persons and parties interested in the assigned estate to show cause before that court why the security claimed by defendants and others…

<p>Appeal — Tax Judgment,</p> <p>Section 1589, G. S. 1894, providing for certifying tax cases -to tire Supreme Court for review, was repealed by Laws 1902, p. 1 (c. 2). A judgment for real estate taxes may now be reviewed by appeal.</p>

Writ in the nature of quo warranto issued from tbe supreme court upon relation of tbe attorney general, requiring 'respondents, claiming to be the board of county commissioners of Columbia county, to show by what right they exercised their respective offices. An answer being interposed by respondents, relator demurred thereto.

Action in the district court for Ramsey county by plaintiff as administrator of the estate of Emil Hermann, deceased, to recover $5,000 for the death of decedent. The case was tried before Otis, J., who upon the conclusion of plaintiff’s testimony, directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant from an order of the district court for Martin county, Quinn, J., denying a motion for a new trial, after a trial and findings in favor of plaintiff for $156.65.

<p>Action in the district court for Morrison county to recover $2,000 for personal injuries. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff for $625. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.</p>

Action in the district court for Wright county to recover $25,000 for personal injuries. The case was tried before Giddings, J., and a jury, which rendered a verdict in favor of plaintiff for $15,255. From an order denying a motion for judgment notwithstanding the verdict and denying a motion for a new trial provided plaintiff should consent to a reduction of the verdict to $10,000, defendant appealed.

Action in the municipal court of St. Paul to recover $78.50 for personal property lost or destroyed while in possession of defendant as bailee. The case was tried before Finehout, <L, who found in favor of plaintiff for $53.50. From an order denying a motion for judgment notwithstanding the findings or for a new trial, defendant appealed.

Action in the district court for Le Sueur county to vacate a sheriff’s certificate of. sale of plaintiff’s homestead made under an execution issued upon a judgment entered against defendant on May 27, 1892, for labor and material furnished in the erection of buildings upon the premises prior to November 6, 1888. The case was tried before Cadwell, J., who found in favor of plaintiff. From an order denying a motion for a new trial defendant appealed.

Action in tbe district court for Sibley county by plaintiff as •administratrix of the estate of R. B. Ready, deceased, to recover f5,000 for the death of decedent. The case was tried before Cad-well, J., and a jury, which rendered a verdict in favor of plaintiff for $2,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district cofirt for Hennepin county to recover $20,-Ü00 for personal injuries. The case was tried before Harrison, J., and a jury, which rendered a general verdict in favor of plaintiff for $5,000, and returned the special findings set out in the opinion. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants 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 $1,500. From an order denying a motion for judgment notwithstanding the verdict, defendant appealed.

Separate actions in the district court for Washington county to cancel and annul certain deeds and mortgages of land and foreclosure proceedings had upon the latter, under which defendant Security Trust- Company claimed title, to quiet title to the land in plaintiff, and for an accounting.

<p>Appeal by defendant Commonwealth Lumber Company from an order of the district court for Becker county, Baxter, J., denying a motion for a new trial.</p> <p>By the treaty of February 24, 1855, the lands now embraced within the limits of the White Earth Indian reservation became public lands of the United States, and every right of the Indians therein became absolutely extinguished. Selkirk v. Stephens, 72 Minn. 335; U. S. v. Pine River Logging Co., 89 Fed. 907.</p> <p>The lands being the property of the United States, of course the timber standing upon them was likewise the property of the United States. Until the logs were sold to the Commonwealth Lumber Company they belonged either to the United States or to the Chippewa Indians, and, in consequence, no lien could attach to them by virtue of Laws 1899, c. 342, under which these proceedings were brought, or indeed by virtue of any state law. As the property of the Indians cannot be taxed, nor sold under execution, by the state, it certainly cannot be subjected to a state lien law. Selkirk v. Stephens, supra; State v. Campbell, 53 Minn. 354; Kansas Indians, 5 Wall. 737; U. S. v. Shanks, 15 Minn. 302 (369); State v. Cooney, 77 Minn. 518; Bem-way-bin-ness v. Eshelby, 87 Minn. 108.</p> <p>Appellant’s contract with the Indian agent for the purchase of the timber constituted an absolute sale of the logs, giving the buyer a defeasible interest which would be subject to attachment by creditors or a lien for labor. Story, Sales, §§ 281-284; Tiffany, Sales, 89-91. All the parties to the action were and are citizens of Minnesota and subject to the laws both on and off the White Earth reservation. Selkirk v. Stephens, 72 Minn. 335; Hankey v. Bowman, 82 Minn. 328. The doctrine laid down in Citizens State Bank v. Bonnes, 83 Minn. 1, is applicable to the case at bar.</p>

Appeal by plaintiff from a judgment of tbe district court for Otter Tail county, entered pursuant to the findings and order of Baxter, J.

<p>Appeal by defendant from an order of tbe district court for Clay county, Baxter, J., denying a motion for a new trial.</p>

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

Appeal by defendants, St. Paul & Chicago Railway Company and Russell Sage, from a judgment of the district court for Ramsey county, entered pursuant to the findings and order of Bunn, J.

Action in the district court for Crow Wing county to recover $284.14 for the conversion of fish'delivered to defendant for transportation. The case was tried before McClenahan, J., and a jury, which rendered a verdict in favor of plaintiffs for $261.51. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

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

Appeal by relator from an order of the court commissioner for Todd county vacating a writ of habeas corpus and remanding the minor children of relator to the care and custody of respondents, Colonel E. Anderson and Delia Anderson.

Appeal by defendant from a judgment of tbe district court for Nobles county, entered pursuant to tbe findings and order of P. E. Brown, J.

<p>Intoxicating Liquor.</p> <p>Chapter 252, Laws 1901, prohibiting and punishing the keeping of blind pigs, or places for the unlawful sale of intoxicating liquors, is not unconstitutional as special and class legislation, nor as authorizing unreasonable searches and seizures.</p> <p>Statute — Search Warrant.</p> <p>The warrant of arrest and the search warrant authorized to he issued by the statute may be in the same instrument.</p> <p>Same — Evidence.</p> <p>The intoxicating liquors and appliances usually used in the sale thereof, which were found on his premises and seized by virtue of the search warrant, were competent evidence on the trial of the defendant on the charge of keeping a blind pig.</p> <p>Remarks of Counsel.</p> <p>It was prejudicial error for the prosecuting attorney to comment on the fact that the defendant failed to testify in his own behalf.</p>

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 murder in the second degree.

Appeal by defendant from a judgment of the district court for Morrison county, Searle, J., directing the issuance of a peremptory writ of mandamus.

Appeal by defendant from an order of the district court for' Stearns county, Searle, J., denying a motion to vacate and set aside the service of the summons in the action.

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

Action in the district court for Washington county to recover $2,500 for malicious prosecution. The case was tried, together with three other actions of similar character based upon the same acts instituted respectively by Conrad, N. E., and Axel Ramgren against the same defendant, before Williston, J., and a jury, which in each case rendered a verdict in favor of defendant. From an order denying a joint motion for a new trial, plaintiffs appealed.

Action in tbe district court for Cass county to recover $300 and interest for tbe conversion of a borse, cow and wagon. Tbe case was tried before McClenabab, J., and a jury wbicb, under tbe instruction of- tbe court, rendered a verdict in favor of plaintiff for the value of tbe property, wbicb was found to be $250. From an order denying a motion for judgment notwithstanding the verdiet or for a new trial, defendant appealed.

<p>Action in the district court for Blue Earth county for partition of land. The case was tried before Quinn, J., who made findings of fact, and as conclusions of law found that defendant Mathilde Meilke was the owner in fee of the premises in question and that neither plaintiffs nor the other defendants had any interest therein. From an order denying a motion for a new trial, plaintiffs,, and defendants Julius and Frank Heaton, appealed.</p>

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

Defendant was indicted in the district court for Hennepin county of the crime of grand larceny in the second degree. A demurrer to the indictment being overruled, the court, Harrison, J., certified to the supreme court for its determination the questions set forth in the opinion.

Appeal by plaintiff from an order of the district court for Lac qui Parle county, Powers, J., granting a motion for a new trial.

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

Appeal by W. S. Gilley, as receiver of the nonexempt property of defendant Franklin C. Ford, from an order of the district court for Washington county, Whlliston, J., discharging an order to show cause why said defendant should not be punished for contempt of court.

Action in the district court for Renville county by plaintiff, the manufacturer and vendor of a corn husker, to recover from defendant $138.13, commission received and retained by defendant as plaintiff’s agent upon the sale thereof, such sqle having subsequently been rescinded for breach of warranty. The case was tried before Powers, 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.

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

<p>Action in the district court for Crow Wing county to recover $10,000 for personal injuries. Tbe case was tried before McClenahan, J., and a jury, which rendered a verdict in favor of plaintiff for $1,600. From an order denying a motion for judgment notwithstanding the verdict, and denying a motion for a new trial upon condition that plaintiff consent to a reduction of the verdict to $1,000, defendant appealed.</p>

Writ in tlie nature of quo warranto issued from the supreme court upon relation of the attorney general, requiring respondents to show by what right they exercised the offices of county commissioners of Clearwater county.

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

<p>Appeal by defendant from a judgment of the municipal court of Minneapolis, Dickinson, J.</p>

Appeal by defendant from an order of the district court for St-Louis county, Cant, J., denying a motion for judgment notwithstanding the verdict, and granting a motion for a new trial.

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

Action in the district court for St. Louis county, by plaintiff, as administrator of the estate of Edward A. Liedel, deceased, to recover $5,000 for damages to the real estate of decedent caused by defendant's change of the grade of its railroad tracks. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiff for $100. From an order granting a motion for a new trial, defendant appealed.

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

Writ of certiorari issued from the supreme court upon relation of the city of St. Paul, to review a judgment of the district court for Ramsey county, Bunn, J., in favor of objecting land owners, in proceedings by the city treasurer for the enforcement of an assessment upon abutting real estate for constructing, relaying and repairing cement sidewalks.

Appeal by plaintiff from a judgment of tbe district court for Blue Earth county, entered pursuant to an order, Cray, J., dismissing the action upon the merits.

Appeal by defendant from an order of the district court for Le Sueur county, Cadwell, J., overruling a general demurrer to the complaint.

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

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

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 grand larceny in the second degree.

Action in the district court for Hennepin county to recover $1,335 for the loss of personal baggage and property destroyed by fire while plaintiff was a guest at defendant’s hotel. The case was tried before Pond, J.,and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

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

<p>Yalue of Land.</p> <p>Where it becomes necessary to establish the value of land in an action for failure to convey, and the value has been estimated by parcels in the terms of a contract, such estimation is prima facie evidence thereof, and sufficient to support a finding based thereon in the absence of other proof.</p> <p>Evidence — Written Contract.</p> <p>Evidence in this case considered, and held, that it reasonably tends to support the findings of the trial court to the effect that a written contract expressed .the intention of the parties, and that there was no material omission therein through mutual mistake.</p> <p>Reformation of Instrument.</p> <p>Held, further, that the findings of the court are sufficiently sustained by the evidence to justify the conclusions of law that the relief asked in defendant’s counterclaim seeking a reformation of a written agreement was properly denied, and that plaintiff was entitled to the damages claimed in the complaint.</p>

Action in the district court for Ramsey county to recover $167.54 for labor performed. The case was tried before Jaggard, J., and a jury, which rendered a verdict in favor of plaintiffs for $127.29. From an order granting a motion for a new trial, plaintiffs appealed.

Action in the district court for Bamsey county to recover $985.57 upon a policy of fire insurance. The case was tried before O. B. Lewis, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in tbe municipal court of St. Paul to recover $475, and interest, for professional services as physician and surgeon performed at the request of C. W..Kennedy, the holder of an employer’s liability policy of insurance issued by defendant. The case was tried before Hiñe, J., who found in favor of plaintiff for $150. From a judgment entered pursuant to the findings, defendant appealed.

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

Appeal by defendant from a judgment of the district court for Earnsey county, Kelly, J., whereby he was convicted of the offense set forth in the opinion and sentenced to imprisonment in the workhouse of the city of St. Paul for a period of three months.

<p>Appeal by plaintiff from an order of the municipal court of St. Paul, Hiñe, J., dismissing the action.</p>

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

Appeal by defendant from a judgment of the district court for Wright county, Giddings, J., vacating an order of defendant board of county commissioners for said county, by which a new school district was attempted to be- organized within its jurisdiction.

Action in the district court for Hennepin county to recover $10,000 for personal injuries. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiff for $3,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendants, John K. West, George D. Hamilton, E. F. Harris and Detroit Dairy Association, from an order of the district court for Becker county, Baxter, J., denying a motion for a new trial.

Alternative writ of mandamus issued from the district court for St. Louis county, upon relation of the Railroad and Warehouse ■Commission, requiring defendant to re-establish and maintain a railway station in the city of Duluth known as Twentieth Av■enue Station, and to operate all of its trains by way of said station. The case was tried before Cant, J., who made findings of fact and as conclusion of law found that relator was entitled to a peremptory writ as prayed.

Appeal by defendants from a judgment of the district court for Douglas county, entered pursuant to the findings and order of Searle, J.

Action in the district court for Martin county to recover possession of certain grain or for $150, the value thereof, and $40 damages for its detention in case possession could not be had. The case was tried before Quinn, J., and a jury, which rendered a verdict in favor of plaintiff for $116.62. From an order denying a motion for a new trial defendant appealed.

<p>Appeal by defendant from an order of the district court for Redwood county, Webber, J.</p>

Action of ejectment in tbe district court for Norman county and to recover $300 for the use and occupation of the premises. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, Brooks, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

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

Action in the district court for Hennepin county to recover from defendants, John F. Broderick, Ella Broderick and city of Minneapolis, $3,000 for personal injuries sustained by plaintiff as the result of a fall caused by an accumulation of ice upon a sidewalk. The case was tried before Elliott, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000.

Plaintiff presented for payment to tbe board of county commissioners of Renville county an itemized statement of expenses incurred by the village of Buffalo Lake in the control of smallpox, which was disallowed and plaintiff thereupon appealed to the district court for said county. The ease was tried before Qvale, 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 Anoka county against defendants, John Tierney and others, as principal and sureties, to recover $5,000' upon the official bond of defendant Tierney, as sheriff of said county. From an order, Giddings, J., overruling defendant Tierney’s demurrer to the complaint and sustaining the separate demurrer of the other defendants, plaintiff and defendants sev-' erally appealed.

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

Application by Selina Reed in the district court for Hennepin county to have the title to land, registered. Upon the report of the referee summons directed to defendant Frederick W. Siddall, and other persons unknown, was issued and served, and a decree in favor of plaintiff was entered by default. Thereafter NelsonTuthill Lumber Company and others claiming liens upon the premises, moved to vacate the decree and for leave to answer.

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

Action in the district court for Carver county to recover $1,256 upon a forfeited recognizance from defendants Gerhard Bongard, as principal, and Otto Mesenbring, one of the sureties. The case was tried before Cadwell, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant Mesenbring appealed.

Action in the district court tor Carver county by plaintiff, as trustee in bankruptcy of defendants Louis C. Kloos and Henry E. Kloos, to vacate and set aside a conveyance of land and a chattel mortgage alleged to have been made by said defendants, in fraud of their creditors, to defendant George H. Kloos. 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.

Order issued from the supreme court upon relation of Fanny Lord, in her awn right and as guardian of Amy Lord, a minor, requiring respondent, as judge of the probate court for Ramsey county, to show cause why a writ of prohibition should not issue-to restrain said court from entertaining jurisdiction of an application made therein to vacate a final decree in the matter of the estate of Samuel D. Lord, deceased, and for permission to file a claim.

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

<p>Appeal by defendant from a judgment of the municipal court of Minneapolis, Holt, J.</p>

Separate actions in tbe district court for Ramsey county, — tbe first by plaintiff as father of Harriet Hunt, bis minor child, to recover for her benefit $15,000 for personal injuries received by, her in attempting to enter defendant’s street car; tbe second by plaintiff to recover $2,500 for tbe loss of services of said child resulting from tbe same injuries.

Application by Maria Dewey in the district court for St. Louis county to have the title to certain land registered. From a judgment and decree, Ensign, J., directing the registration of said land, free of encumbrance, in the name of applicant; and from an order, Cant, J., denying a motion to vacate said decree and for leave to answer, National Bond & Security Company appealed.

Action in the district court for Cottonwood county to- recover $640 and interest, as broker’s commission, alleged to have been earned by plaintiffs upon procuring a purchaser for defendant’s land. The case was tried before P. E. Brown, J., and a jury, which rendered a verdict in favor of plaintiffs for the sum demanded. From an order denying a motion for a new trial defendant appealed.

<p>Complaint.</p> <p>The complaint herein is sufficient as against the objection that it does not allege facts constituting a cause of action, made in this court for the first time on an appeal from a default judgment.</p> <p>Relief Demanded in Complaint.</p> <p>On the default of a defendant, the relief which may be awarded to the plaintiff must be limited iii kind and degree to that specifically demanded in the complaint, although its allegations and the proof would justify other or greater relief.</p> <p>Res Judicata — Order of Court.</p> <p>Orders' made upon motions affecting substantial rights, from which an appeal lies, if the matter in question has been fully tried, are as conclusive upon the issues necessarily decided as are final judgments.</p> <p>Appealable Order.</p> <p>An order denying a motion to modify the judgment in this case held to be appealable, and a bar to the right of the defendant to raise the same question on appeal from the judgment.</p>

Action in the district court for Carlton county to recover from defendants $3,200 upon a promissory note and contract, and to have the' amount found due declared a specific lien upon certain creamery buildings and land, for the purchase of which the note and contract were alleged to have been given.

Action in the district court for Redwood county against defendants, as trustees of School District No. 104 of said county, to recover $1,497.39, and interest, for material furnished for the construction of a school building. Judgment by default was entered in favor of plaintiff for the sum demanded. From an order, Webber, J., vacating the judgment and permitting defendants to appear and defend the action, plaintiff appealed.

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

Application in the district court for Hennepin county to have registered the title to certain land. Defendant Daniel M. Robbins answered, claiming a lien upon the undivided two-thirds of said land. The case was tried before Simpson, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant Robbins appealed.

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

Appeal by defendant from an order of the district court for Hennepin county, Harrison, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiffs for $837.50.

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

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

Action in the district court for Morrison county to recover $2,000 for personal injuries. The case was tried before Searle, J., who, upon the conclusion of plaintiff’s evidence, granted defendant’s motion to dismiss the action. From an order denying a motion for a new trial plaintiff appealed.

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

Action in the district court for Faribault county against defendants, the administrator and heirs of Ferdinand Stéllmacher, deceased, to enforce specific performance of an oral contract by deceased to convey, at his death, certain land to plaintiff. From an order, Quinn, J., sustaining separate demurrers to the complaint interposed by defendants, plaintiff appealed.

In June, 1899, plaintiff and two others, being directors of Citizens’ Bank of Appleton, made and delivered their promissory note to the bank to cover the amount of its impaired capital at that time. Thereafter, the bank having become insolvent, defendant as its-receiver brought an action upon said note and recovered judgment against the makers thereof.

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

Action in the district court for Hennepin, county to recover possession of a building erected by plaintiffs under a contract with defendant Metropolitan Music Company; to recover the value of the use and occupancy thereof; and $1,500 damages for its detention.