Volume 90 — Minnesota Reports

Appeal by defendant from an order of the district cburt for Wright county, Giddings, J., overruling a general demurrer to the complaint. The complaint does not state a cause of action upon either count,, for the reason that it is nowhere stated that the bridges for which the alleged contracts were made were to be located upon county roads.

Application by Minnesota Sugar Company for an order to show cause why a writ of certiorari should not issue from the supreme court, directed to respondent, as state auditor.

<p>Appeal by defendant from án order of the district court for Freeborn county, Kingsley, J.</p>

Action in the municipal court of Minneapolis by plaintiffs, as receivers of Minneapolis Fire & Marine Mutual Insurance Company, insolvent, to recover an assessment levied upon defendant in the insolvency proceedings by the district court for said county on account of a policy of insurance issued by said company to defendant. From an order Holt,' J., overruling a demurrer to the answer, plaintiffs appealed.

Action in the municipal court of Minneapolis to recover $187.50 for refusal of defendant to divert at an intermediate point a carload of merchandise forwarded over defendant’s railway line and consigned to plaintiff at Minneapolis. Thé case was tried before Dickinson, J., who found in favor of plaintiff for the sum demanded. From an or■der denying a motion for a new trial, defendant appealed. The carrier delivers at his peril when there is an outstanding bill of lading.

Action in the district court for Blue Earth county by plaintiff in behalf of and for the.benefit of Clements Klugherz, his minor son, to recover $1,900 for personal injuries. The case was tried before Cray,. J., and a jury, which rendered a verdict in favor of plaintiff for $1,558.35. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Cross appeals by plaintiff, and defendant Connecticut Mutual Life Insurance Company from a judgment of the district court for Ramsey county, entered pursuant to the findings and order of Otis, J. The alleged sale to the respondent was .not voidable merely, by reason of the gross inadequacy of the amount bid, but is absolutely void for several reasons. 1.

Action in the district court for Renville county to recover possession of a certain warranty deed theretofore executed and delivered by defendant to plaintiff and to quiet the title of the premises therein described in plaintiff; or, in case possession and a decree quieting title could not be had, for $500 damages. Upon the trial, before Powers, J., judgment was ordered in favor of defendant upon the pleadings.

Appeal by defendant from an order of the municipal court of Minneapolis, Dickinson, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $262.26.

Appeal' by plaintiff from an order of the district court for Ramsey county, Otis, J., denying a motion for a new trial. Failure to look before crossing a street-car track is not as a matter of law negligence. Shea v. St. Paul City Ry. Co., 50 Minn. 395; Watson v. Minneapolis St. Ry. Co., 53 Minn. 551; Kennedy v. St. Paul City Ry. Co., 59 Minn. 45; Holmgren v. Twin City R. T. Co., 61 Minn. 85.

Action in the municipal court of St. Paul to recover-$ioo as commission for procuring a purchaser for defendant’s real estate. The case was tried before Hiñe, J., who- granted defendant’s motion to dismiss, upon■ conclusion of plaintiff’s testimony. From an order denying a motion for new trial plaintiff appealed.

Appeal by defendant from an order of the district court for Brown county, Webber, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for the sum of $795.23.

Action in the district court for Freeborn county to recover from defendants $594, being the purchase price of a threshing machine, alleged to have been sold and delivered by plaintiff to defendants under a written contract. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of defendants. From an order denying .a motion for a new trial, plaintiff appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., granting a motion for judgment in favor of defendant notwithstanding the verdict, after a trial and verdict in favor of plaintiff for $2,000. The plaintiff at the time of the accident had full knowledge of the location of the tracks and the manner of operating cars thereon. She had complete use of her faculties of sight and hearing at the time of the accident.

Appeal by defendant from a judgment of the municipal court of Minneapolis, Dickinson, J., whereby he was convicted of violating an ordinance of the board of park commissioners of that city prohibiting the cutting and defacing of ornamental shade trees in the city streets without permission of the board.

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

Separate appeals, one by nonresident defendants Kewis H. Eldridge, Samuel Kerr, Emma B.- Fennimore, William J. Fr'aser and K. Morgan; the other, by defendant American Iron & Nickel Company, from a judgment of the district court for Hennepin county, entered pursuant to the findings and order of Simpson, J.

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

In proceedings in the district court for Rice county to enforce payment of personal property taxes for the year 1901, defendant Bishop Seabury Mission interposed an answer, claiming exemption from taxation under the provisions of section 3, article 9, of the Constitution of Minnesota. The case was tried before Buckham, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for L,yon county to recover $1,650, the purchase price of certain machinery alleged to have been sold and delivered to defendants under a written contract. Defendants in their answer denied the contract and interposed a counterclaim of $323.05 for freight charges and storage. The case was tried before Webber, J., and a j’ury, which rendered a verdict in favor of defendants for $28.20.

<p>Partnership — Dissolution—Trust Money.</p> <p>While McC. and D. were copartners in the undertaking business, S. indorsed and delivered to McC., individually, a promissory note which he held against a third party; directing him to collect the amount due thereon, and to dispose of it by first giving to both S. and his wife burials in accordance with the rites of the church to which they belonged, then to expend $160 for a monument, and finally to distribute the balance among the clergy for masses. Both S. and his wife died before the money was collected. The expense of the burial in each case was charged to an account previously opened on the firm books with S. When the note was collected by McC., he credited the proceeds on this account, and when the firm was dissolved the books showed a credit balance thereon of $166.50. At the dissolution, D., by mutual agreement, took the firm property, and assumed all of its liabilities. According to the verdict of the jury he knew of the character of this transaction before and at the time the money was turned over to the firm, and the book entries made. No claim for the money had been made upon D. in behalf of the S. estate. Held:</p> <p>That McC. could maintain an action against D. to recover the balance ' appearing to the credit of S. upon the firm books.</p>

Action of ejectment in the district court for Otter Tail county. The case was tried before Searle, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

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

Action in the district court for Meeker county to determine the adverse claim of defendant to certain real property. The case was tried before Qvale, J., who found in favor of defendant. From an order denying a motion for a new trial plaintiff appealed.' Does the doctrine of subrogation apply in this case, and if so to what extent does it apply?

<p>County of Columbia.</p> <p>After the proclamation of the Governor to that effect, the county of Columbia was a de facto organized county until its organization was declared illegal by this court in State v. Larson, 89 Minn. 123.</p> <p>Change of Venue — Mandamus.</p> <p>Rule followed, that the filing of the proper affidavit and demand for a change of the place of trial of an action to the proper county, with proof of service thereof, ipso facto changes the place of trial.</p>

Writ of certiorari issued from the district court for Houston county upon relation of Joseph Vossen, as executor of the estate of Mary A. Molitor, deceased, to review the proceedings of respondent, as auditor of said county, in assessing and levying a tax against relator for personal property owned and possessed by decedent which was omitted in the assessment and remained untaxed during her lifetime.

<p>Hiparían Owners.</p> <p>Riparian owners of a nonnavigable lake, the waters of which have dis< appeared, own that portion of the lake bed inclosed by extending lines from the points where the side division lines of each respective tract cross the meandered line to the center of the lake.</p> <p>Broken Shore Line.</p> <p>When such lake is of irregular shape, and originally contained no inlet or outlet, the inequalities caused by the broken shore line should be equitably adjusted between the contiguous owners by disregarding such irregularities, or by treating the lake as composed of separate bodies of t water, according to the conditions.</p> <p>Division of Lake Bed.</p> <p>Where such lake bed slopes to the center, and the shore line is broken and irregular, it is not a proper method of division to establish central points and central-lines in different portions of the lake, and extend the side lines of the different riparian divisions to such central points and central lines approximately dividing the land according to the lake frontage of each tract. Such division is not equitable, and not according to law.</p>

Action in the district court for Ramsey county to recover $30,000 for personal injuries. The case was tried before O. B. Rewis, J., who directed a verdict in favor of defendant upon the conclusion of plaintiff’s evidence. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by D. N. Morgan and eight other stockholders from an order of the district court for Washington county, Williston, J., levying an assessment of $18 per share upon each share of the capital stock of defendant corporation and upon the persons liable as the holders thereof.

In proceedings in the district court for Ramsey county upon the relation of E. M. Pope, as bank examiner, Gustav Willius was appointed receiver of Germania Bank, insolvent. Thereafter, in said proceedings, plaintiff Elias Cronstadt brought this action to enforce a claim of $100 against the assets of said bank in the hands of defendant Willius, the receiver. The case was tried before O. B. ■ Lewis, J.-, who found in favor of defendant and disallowed the claim.

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

Action in the district court for Hennepin county to recover $3,016 for personal injuries received while riding a bicycle on a public parkway. From an order, Elliott, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Blue Earth county to recover $125 and interest upon a promissory note. Defendant pleaded failure of' consideration, and interposed a counterclaim. 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.

Action in the district court for Anoka county to recover $700 and interest as commission for procuring a purchaser for defendant’s land, pursuant to a verbal contract. The case was tried before Gid.dings, J., and a jury, which rendered a verdict in favor of plaintiff for the sum .demanded. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to determine the adverse claim of defendants, De Witt C. Ruff and Lizzie C. Ruff, his wife, to certain vacant and unoccupied land. The case was tried before Bunn, J., .who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Ramsey county by plaintiff, as receiver of Allemannia Bank, insolvent, to recover from defendants, the heirs and next of kin of Hugh Burns, deceased, an assessment of $500 levied upon five shares of stock of the insolvent bank owned by decedent at the time of his death. The case was tried before Jaggard, J., who. directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendants appealed.

Appeal by defendants from an order of the district court for Henne-pin county, Harrison, J., denying a motion for a new trial.

<p>Inh.exitan.ce Tas.</p> <p>Laws 1902, c. 3, relating to the taxation of inheritances, is unconstitutional, for the reason that- it purports to make the rate of taxation ten per cent, or double the constitutional limitation, in the case of collateral heirs and other parties.</p>

Appeal by defendant from an order of the district court for Henne-pin county, Brooks, J., denying a motion for a new trial, after a trial and conviction of the crime of receiving a bribe. The right to challenge the jurors exists as well after, as before, the indictment is found. G. S. 1894, §§ 7188-7192, 7283; State v. Russell, 69 Minn. 502; State v. Osborne, 61 Iowa, 330.

<p>Appeal by plaintiffs from an order of the district court for Pine county, Crosby, J., denying a motion for a new trial.</p>

Appeals by plaintiff from an order of the district court for Traverse county, Flaherty, J., granting a motion for judgment in favor of defendant notwithstanding the verdict for $385.70, and from a judgment entered pursuant to the order.

Action in the district court for Redwood county, under Laws 1893, c. 68, to establish the boundary line between lands owned by the plaintiff and defendant. From a judgment establishing the boundary line, entered pursuant to the findings and order of Webber, J., defendant appealed.

Action of ejectment and for equitable relief in the district court for Namsey county. The case was tried before Bunn, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiffs appealed. The city never acquired under this deed, and never had the exclusive right to the possession and use of this property as against the appellants, who are the owners of the fee.

<p>Findings of Court.</p> <p>Upon submission of the evidence to the court in the trial of an issue of fact after disagreement of the jury, held, that its findings are sustained, and justify the conclusions of law based thereon.</p> <p>Judge’s Memorandum.</p> <p>' Under rule 9 of this court (33 Minn, xix), it is required to include in the return the reasons of the court for its decision, if any are filed; but such memorandum cannot be held on appeal to qualify, characterize, or limit the determination of the trial judge. Following Jenkinson v. Koester, 86 Minn. 155, and previous eases cited therein.</p>

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

Action in the district court for McLeod county to prove and establish an unrecorded lost deed and to determine the adverse claims of defendants to the land therein described. The case was tried before Qvale, J., who found in favor of plaintiffs. From a judgment entered pursuant to the findings defendants Anna E- Simons and husband and M. E. Hodder separately appealed.

Action in the district court for Cottonwood county to cancel and annul certain deeds of land and the record thereof, and to determine the adverse claims of defendants to the premises therein described. The case was tried before P. E. Brown, J., who found in favor of defendants. From a judgment entered pursuant to the order, plaintiff appealed.

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

Appeal by defendant from an order of the district court for Henne-pin county, Brooks, J., denying a motion for a new trial.

Action in the district court for Hennepin county to recover $io,-637.34 and interest upon a written contract of employment. The case was tried before Pond, J., and a jury, which rendered a verdict in favor of plaintiff for $372.91. From an order denying a motion for judgment in favor of plaintiff for $2,637.34, notwithstanding the verdict,, or for a new trial, plaintiff appealed. ■

Appeal by defendants Peter Nicolay and Agnes Nicolay from a judgment of the district court for Scott county, entered pursuant to the findings and order of Cadwell, J.

Action iii the district court for Winona county by plaintiff as administrator of the estate of Jacob C. Schneller, deceased, to recover $2,000 for the death of decedent. The case was tried before Snow, J., and a jury which rendered a verdict in favor of plaintiff for $450. From a judgment entered pursuant to the verdict defendant appealed.

Action in the district court for Hennepin county by plaintiff as administrator of the estate of Margaret Price, deceased, to recover $5,000 upon a policy of accident insurance issued to Elijah Price during his lifetime. The case was tried before Elliott, J., who directed a-verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Proceeding in the supreme court in the nature of quo warranto, upon relation of the attorney general, to determine the validity of the incorporation of the village of Holloway in Swift county.

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

Appeal by plaintiff from a judgment of the district court for Henne-pin county in favor of defendant, entered pursuant to an order of Elliott, J.

Alternative writ of mandamus issued from the district court for Otter Tail county commanding defendant to erect and maintain a station house at Bluffton on the line of defendant’s railway and to maintain an agent in charge thereof, as required by an order of the railroad and warehouse commission. The case was tried before Baxter and Searle, JJ., who made findings of fact and as conclusion of law found that relator was entitled to a peremptory writ.

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

Action in the district1 court for Ramsey county to recover $291.20 for a carload of bananas. Defendants set up counterclaims aggregating $834.90. The jury returned a verdict for $257.84 in favor of defendants. From an order, Brill, J., denying a motion for a new trial, plaintiff appealed.

Action in the district court for Anoka county to recover $25,000 for personal injuries. The case was tried before Giddings, J., and a jury which rendered a verdict in favor of plaintiff for $6,000. .From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

In each of the above entitled cases judgment was entered in favor of plaintiff, pursuant to the order of Webber, J.,. — in the first seven cases in the district court for Big Stone county, in the remaining cases in the district court for Traverse County. In each of the ten cases defendant appealed.

Writ of certiorari from the supreme court, on the relation of the city of St. Paul, to review a judgment of the district court for Ramsey county, Brill, J.

Action commenced before a justice of the peace for Yellow Medicine county to recover $75, the agreed purchase price, upon a parol contract for the sale of growing grass. On appeal to the district court for said county the case was.tried before Powers, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

<p>Appeal by defendant from an order of the municipal court of Still-water, .Doe, J.</p>

Appeal by plaintiff from an order of the district court for St. Louis county, Cant, J., denying a motion for a new trial. It is claimed the deeds from Hay to Bell were not operative to convey anything because the sheriff’s certificate of foreclosure of Hay’s mortgage was not recorded within twenty days after the sale and not until after the recording of plaintiff’s deed.

Action in the municipal court of St. Paul to recover $87.74 and interest upon a bank check for $86 drawn by defendants to the order of plaintiffs and protested for nonpayment. The case was tried before Hiñe, J., who found in favor of plaintiffs for the amount of the' check with interest. From a judgment entered pursuant to the findings, defendants appealed.

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

Appeal by plaintiffs from an order of the district court for Stearns county, Searle, J., denying a motion for judgment notwithstanding the verdict.

Appeal by defendant from a judgment of the district court for Clay county, Baxter, J., affirming a judgment of a justice of the peace for said county.

Appeal by defendant from a judgment for $94.51 in favor of plaintiff and affirming a judgment of a justice of the peace for said county, entered in the district court for Chippewa county pursuant to an order of Qvale, J.

Action in the district court for Ramsey county to recover $30,000 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict .in favor of plaintiff for $14,400. From an order denying a motion for judgment notwithstanding the verdict or' for a new trial, defendant appealed.

Action in the district court for Rice county to recover $480, for the use and occupation of rented premises. The case was tried before Buckham, J., who found in favor of plaintiff for $380. From an order denjdng a motion for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Martin county, Quinn, J., denying a motion to modify a judgment theretofore entered in the action.

Action in the district court for Itasca county to recover possession of certain tanned deer and moose hides or $502, the value thereof, in case recovery could not be had. The case was tried before McClen-ahan, J., and a jury, which rendered a verdict in favor of plaintiff for $325. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Blue Earth county to recover $855 and interest for services in procuring purchasers for defendants’ lands. The case was tried before Cray, J., and a jury, which rendered a verdict in favor of plaintiff for $479.15. From an order denying a motion for a new trial, defendants appealed.

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

Action in'the district court for Lincoln county to recover from said county $i,ooo for professional services rendered by plaintiff as special attorney for the county in the prosecution of a criminal action. From an order, Webber, J., overruling a demurrer to the complaint, defendant appealed.

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

Action in the district court for Blue Earth county to recover $500 damages for trespass upon plaintiff’s land and to restrain defendants from further interference with .plaintiff’s possession thereof. The case was tried before Cray, J., who made findings of fact, and as conclusions of law found that plaintiff was entitled to a permanent injunction, as prayed, and the sum of $18 damages. From an order denying a motion for a new trial, defendants appealed.

<p>Pleading — Title to Note.</p> <p>In an action upon a promissory note made payable to tbe order of a third party, allegations that the payee has indorsed said note, and that the plaintiff is now the owner and holder thereof, do not sufficiently show title in the plaintiff.</p> <p>Same — Foreign Corporations.</p> <p>Where a simple allegation in the complaint is that the plaintiff is a corporation duly organized and created under the laws of another state, Laws 1899, p. 68 (e: 69) has no application, and it is unnecessary to allege a compliance therewith.</p>

Action in the district court for Ramsey county to recover a balance of $5,467.05 claimed to be due plaintiff upon a contract for the erection of a building. The case was tried before O. B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $5,343.25. From an order denying a motion for a new trial, defendants appealed.

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

Action in the district court for Clay county by plaintiff, as adminis-tratrix of the estate of Neis T. Braaflat, deceased, to recover $5,000 for the death of decedent. The case was tried before Baxter, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant Henry F. Greenhagen from an order of the district court for Wright county, Giddings, 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 Polk county, Watts, J., sustaining a general demurrer to the complaint.

Appeal by plaintiff from an order of the district court for Douglas county, Baxter, J., overruling a demurrer to the answer.

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

Action in the district court for Hennepin county by plaintiffs, as receivers appointed to wind up the affairs of defendant company, to recover from the defendants other than said company the amounts of their respective subscriptions to a so-called “guaranty fund.” From separate orders, Elliott, J., overruling their separate demurrers to the amended complaint, defendants, Titus Mareck, Leonard Paulle and others, and B. Phillips, Jr., and others, appealed.

Appeal by defendant from an order of the district court for Wright .county, Giddings, J., granting a motion for a new trial.

Action in the district court for Jackson county against defendant, as undisclosed principal, to recover $1,140 and interest upon a written contract for the purchase of land. The case was tried before Quinn, J., who directed a verdict in favor of defendant upon the close of plaintiff’s testimony. From an order denying a motion for a new trial plaintiff appealed.

Appeal by defendant A. A. Brown 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 Ramsey county to foreclose a lien for material furnished to defendant Benson for the erection of a building upon land of defendant John Frank Skarda. The case was tried before O. B. Lewis, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant Skarda appealed.

Appeal by plaintiff, contestant, from a judgment of the district court for Lincoln county, Webber, J., confirming and establishing a change of the county seat of Lincoln county from the village of Lake Benton to the village of Ivanhoe.

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

Action in the district court for Sibley county to' recover $223.20 and interest for the conversion of certain wheat. The case was tried before Cadwell, J., who directed a verdict in favor of defendant. Prom an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to recover $200 and interest upon a promissory note. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of defendant R. Smith, who alone appeared and answered. 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 St. Louis county, Dibell, J., overruling a general demurrer to the complaint.

<p>Change of Venue.</p> <p>In an action brought in Ramsey county against three defendants, H., H., and B., defendants H. and H. resided in that county, while defendant B. resided in Washington county. The latter failed to demand a change of the place of trial before his time for answering expired, but thereafter, and before the time for answering of one of the other defendants, the summons having been served upon him subsequent to its service upon B., all three defendants united in a demand for a change of venue to Washington county. Held:</p> <p>(1) That the question whether a change of venue was effected by such demand must be determined upon the basis of the rights of B. to obtain the same at the time the demand was made.</p> <p>(2) That the defendants H. and H. had no right to demand a change at all, and, as the right of B. had been lost and waived at the time the demand was made by his failure to make proper demand before his time to answer expired, the united demand of all the defendants made thereafter was ineffectual.</p>

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

Action in the district court for Washington county by plaintiff, a minor under the age of sixteen years, by his guardian ad litem, to recover $25,000 for personal injuries. The case was tried before Wil-liston, ]., and a jury, which rendered a verdict in favor of plaintiff for $7,750. From an order denying a motion for judgmént notwithstanding the verdict or for a new trial, defendant appealed.

<p>Tax Sale — Notice of Redemption.</p> <p>The validity of a redemption notice from a sale on a tax judgment is to be determined by the statute providing for such notice in force at the time of the sale, and not at the time when it is issued by the county auditor. Following Merrill v. Hearing, 32 Minn. 479; Kipp v. Johnson, 73 Minn. 34.</p> <p>Construction, of Notice.</p> <p>If the correct amount to redeem is stated in the redemption notice, the addition of the words thereafter “and delinquent taxes” may be regarded as surplusage, where there is no claim or finding that there were delinquent taxes, as under the facts in this case.</p>

Appeal by defendants from a judgment of the district court for Ramsey county, entered pursuant to the findings and order of O. B. Lewis, J.

Action in the district court for Wilkin county to recover possession of certain horses, or $150, the value thereof, in case possession could not be had. The case was tried before Flaherty, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Appeal by defendant from an order of the district court for Martin county, Quinn, J., granting a motion for’a new trial.

Writ of prohibition issued from the supreme court upon relation of Barber Asphalt Paving Company, directed to the judges of the district court for St. Louis county and to the city of Duluth, and requiring them to show cause why an absolute writ should not issue restraining them from further proceeding in a matter pending in said district court.

Appeal by defendant from an order of the district court for Steele county, Buckham, J., denying a motion to modify a judgment theretofore entered in the action by which plaintiff was awarded $6oo alimony.

<p>Lease for Illegal Purpose.</p> <p>A lease of premises for a term of years was entered into with a view that the occupancy thereof should be for an unlawful purpose, viz., conducting a house of ill fame. Held, that the lease was wholly void, and conferred no right upon defendants to continue in the possession of the premises for such purposes as tenants from month to month or otherwise.</p>

Appeal by defendant from an order of the district court for Hen-nepin county, Elliott, J., denying a motion for a new trial.

<p>Plumber’s License — Constitution.</p> <p>Chapter 356, p. 575, Laws 1901, which requires journeymen píumbers to take an examination and procure a certificate of competency, held unconstitutional, being in contravention to sections 33 and 34, article 4, of the Constitution. An arbitrary basis of classification is adopted in restricting the application of the act to cities of ten thousand inhabitants or more, which have a system of sewer or waterworks, and an arbitrary and unjustifiable distinction is made between master plumbers and journeymen plumbers.</p>

Action in the district court for Stearns county, by plaintiff a resident taxpayer, to restrain defendants, City of St. Cloud and its officers, from, issuing and disposing of city bonds pursuant to the provisions of Laws 1903, c. 50. From an order, Searle, J., sustaining a general demurrer to the complaint, plaintiff appealed.

Action in the district court for Hennepin county to recover from defendant $4,050, money had and received to plaintiff’s use. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed. The burden of proof is upon the respondent to account for the $4,-050 in dispute.

Appeal by defendant from 'an order of the district court for St: Louis county, Cant, J., overruling a demurrer to the first and second causes of action in the complaint.

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

Action in the district court for Hennepin county by plaintiff as ad-ministratrix of the estate of Charles E. Dixon, deceased, to recover $5,000 for the death of decedent. The case was tried before Brooks, J., who directed a verdict for defendant upon the close of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Stearns county, in the nature of a creditor’s bill, to set aside a conveyance of real estate. The case was tried before Searle, J., who made an order dismissing the action, upon the conclusion of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $5,000 for personal injuries. The case was tried before Pond, J., and a jury which rendered a verdict in favor of plaintiff for $600. From an order denying a motion for a new trial provided plaintiff should consent to a reductipn of the verdict to $150, plaintiff appealed.

Appeal by defendants, Fred Marty, John R. Berg and S. M. Carlson, from an order of the district court for Chisago county, Crosby, J., overruling a demurrer to the complaint.

Action in the district court for Chisago county to determine the adverse claim of defendant to land in possession of plaintiff. The case was tried before Crosby, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings defendant appealed.

Cross-appeals by plaintiff and defendants from an order of the; district court for Stearns county, Baxter, J., overruling a demurrer to the complaint as to the first and second grounds thereof.

Action in the district court for Ramsey county to recover $25,000 for personal injuries. The case was tried before Brill, J., who directed a verdict in favor of defendant upon the close of plaintiff’s testimony. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Plaintiff recovered judgment by default in the district court for Faribault county against defendants, C. A. King and E. F. Smith, in an action to recover possession of certain wagons. Thereafter A. E. Clark, as trustee in bankruptcy for defendant King, made a motion to vacate the judgment and for leave to defend. From an order, Quinn, J., denying the motion, the trustee appealed.

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

<p>Appeal by defendant from a judgment of the district court for Polk county, AVatts, J.</p>

Action in the district court for Stearns county to recover $5,221.17 for personal injuries resulting from a fall caused by a defective sidewalk. The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff for $1,450. From a judgment entered pursuant to the verdict, defendant appealed.

Upon the trial of defendant in the district court for Brown county under the indictment set forth in the opinion, objection was interposed to the introduction of any evidence on the ground that the facts alleged in the indictment did not constitute a public offense. The court, Webber, J., overruled the objection, and thereupon, on motion, certified the case to the supreme court for review.

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

Appeal by plaintiff 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.

Action in the district court for Jackson county to recover $250 and interest, as for money had and received. The case was tried before Quinn, 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.

Writ of certiorari issued from the supreme court, upon relation of Charles S. McKune, to review an order of the district court for Ramsey county, Orr, J., in proceedings to enforce payment of an assessment for the construction of a sewer.