Volume 91 — Minnesota Reports

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

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

Appeal by plaintiff from an order of the district court for Todd county, Searle, 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 Martin county, Quinn, J., affirming a judgment of a justice of the peace of that county in favor of defendant.

<p>Passenger Riding on Platform of Car.</p> <p>The mere fact that there are no seats in railway cars does not justify a person in riding on a platform while the train is in motion, for so long as he can find standing room, by reasonable effort, on the inside, it is his duty to be there. Where it is unnecessary to stand or ride upon a platform, going there or standing there is such negligence as will prevent a recovery for personal injuries received.</p> <p>Contributory Negligence.</p> <p>If a car be so crowded that a reasonably prudent man would conclude that he could not get inside without unreasonable pushing and crowding his way by main force, the question as to whether or not he is-guilty of contributory negligence, when injured because of riding upon the platform, is one for the jury, under proper instructions.</p> <p>Injury to Passenger.</p> <p>The mere fact that a passenger is injured while necessarily standing upon the platform is not in itself a cause for action against a railway company, for there must be some intervening act attributable to the company, and causing the injury, in order that the passenger can recover. If the accident is caused by the act of the plaintiff himself, or by that of another passenger, the act not being the natural consequence of the company’s negligence, it is not liable.</p> <p>Warning to Passenger.</p> <p>It stands admitted that the plaintiff, a passenger, was notified and warned by the conductor of the danger of standing on the platform, and was ordered to go inside the cars, and that he wholly disregarded the warning and order. Held, that when he. was told to go inside the cars it was his duty to go, or at least to try and find a place therein. Beld, further, that on the testimony the jury was not warranted in concluding that plaintiff made proper effort to find standing room, or that it could not be found inside the cars.</p>

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

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

Writ of certiorari issued from the supreme court upon petition” of Minnesota Sugar Company, to review the act of respondent, as State Auditor, in refusing to issue a warrant upon the state treasurer for $19,925.36, to which amount petitioner claimed to be entitled as bounty under the provisions of Laws 1895, c. 205, as amended by Laws 1899, c. 307.

Action in the district court for Blue Earth county against defendants, ás trustees of School District No. 43 in said county, to recover $153.36 upon a written order. The case was tried before Quinn, J., who found in favor of plaintiff. From an order denying a motion for a' new trial, defendants appealed.

<p>Appeal by defendants from a judgmént ^f • the district court for Nicollet county, Powers, J.</p>

Appeal by plaintiff from an order of the district court for Anoka county, Giddings, J., denying a motion for a judgment notwithstanding the verdict or for a new trial. Where there is no market value at the place of delivery the price at the nearest market, with the cost of transportation added, determines the market value of the article.

Action in the district court for St. Louis county to restrain defendants, City of Duluth and L. N. Case, the manager of its water works, from invading the premises of plaintiffs for the purpose of placing therein a water meter, and from cutting off the water supply from said premises. The case was tried before Dibell, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district' court for Olmsted county by plaintiff, as executor of the will of Marietta M. Joslyn, deceased, to recover $1,447.70, money had and received by defendant to plaintiff’s use. The case was tried before Snow, J., who found in favor'of plaintiff for the sum of $407.85. From a judgment entered pursuant to the findings, plaintiff .appealed.

Action in the district court for Hennepin county to vacate as to certain land a tax judgment and a state assignment certificate of sale issued thereon, and to recover from the county the amount paid for said certificate and for subsequent delinquent taxes upon, the premises. The case was tried before Pond, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant from an order of the district court for Norman county, Watts, J., denying a motion for judgment notwithstanding the verdict for $250, or for a new trial.

Action in the district court for Beltrami county to recover $10,000 for personal injuries. The case was tried before McClenahan, J.-, and a jury, which rendered a verdict in favor of plaintiff for $5,500. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

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

In proceedings in the district court for Ramsey county upon the application of National Bond and Security Company to register the title to certain land, the state of Minnesota was made a party defendant. Thereupon the state appeared specially and moved to set aside the service of the summons, upon the grounds stated in the opinion. From an order, O. B. Lewis, J., denying this motion, the state appealed.

Action in the district court for Lake county to determine the adverse claims of defendants to vacant and unoccupied land. The case was tried before Cant, J., who found in favor of plaintiff and ordered judgment in accordance therewith. From this order and from a judgment entered pursuant thereto, defendants Hugh P. Strong, Mary A. .Strong, Josiah M. Vale, Meda Vale, Margaret Conway and John Brennan, appealed.

Appeal by the defendant from a judgment of the district court for Hennepin county, Brooks, J., entered upon a verdict of $775 in favor of plaintiff.

<p>Fraudulent Conveyance — Venue.</p> <p>An action to set aside certain deeds of real^property, situated in more than one county, as a fraud upon creditors, may be brought in either county under the provisions of G. S. 1894, § 5183.</p> <p>Party to Action to Set Aside.</p> <p>The person through whom the alleged fraudulent transaction was perpetrated, and who merely conveyed the land by a quitclaim deed, is not a necessary party defendant in such an action.</p> <p>Joinder of Causes.</p> <p>Such a cause of action may be united with one to have a certain transaction, whereby a debtor extends, enlarges, and adds to his statutory homestead, declared fraudulent and void as to a judgment creditor, and to subject the added land to the lien of the judgment.</p>

Action in the district court for Ramsey county to recover from- defendant $7,700 for services rendered by plaintiff under a contract of employment. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $648.17. 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 $5,000 for personal injuries. The case was tried before Simpson, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendants from an order of the district court for Benton county, Baxter, J., denying a motion to vacate and set aside a judgment theretofore entered in the action.

<p>Appeal by plaintiff from an order of the municipal court of Still-water, Doe, J., overruling a demurrer to a counterclaim in defendant’s answer and certifying the case to the district court for Washington county for further, proceedings.</p>

Writ of certiorari issued from the district court for Olmsted county to review an order of the probate court for said county denying a motion to direct the .sale of real property of James WTilson, deceased, to pay a debt due from his estate to the petitioner, Catherine A. Dee. From an order, Snow, J., quashing the writ, petitioner appealed.

Action in the municipal court of Minneapolis to recover $200, and interest, for breach of contract for the carriage of live stock. The case was tried before Dickinson, J., and a jury, which rendered a verdict in favor of plaintiffs for $150. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, but reducing the verdict to $94, defendant appealed.

Action in the district court for Benton county by plaintiff, as administrator of the estate of Harriet A. Kern, deceased, to recover possession. •of certain land belonging to the estate of deceased, and $200 for the detention thereof. The case was tried before Searle, J., who directed a verdict in favor of plaintiff for possession of the land and $100 for its detention.

Action in the district court for St. Louis county to determine the adverse claims of defendants to vacant and unoccupied lands. The •case was tried before Dibell, J., who found in favor of defendant Addie M. Mauseau, who alone appeared and answered. From an order denying a motion for a new trial, plaintiff appealed.

In proceedings in the district court for St. Louis county by the City of Ely to condemn certain land for an extension of the city waterworks. Eliza Conan, the owner of the land, appealed from an award made by the commissioners. • The case was tried before Cant, J., and a jury, which rendered a verdict in her favor for $187.50. From an order denying a motion for a new trial, she appealed.

Action of ejectment in the district court for Houston county. The case was tried before Kingsley, 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 Steele county, Buckham, J., denying a motion for a riew trial.

Action in the district court for Clay county to recover $2,000 and interest for the conversion of certain cattle and swine. The case was tried before Baxter, J., and a jury which rendered a verdict in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

' Appeal by defendants from an order of the district court for Steele county, Buckham, J., denying a motion for a new trial, after a trial and conviction of the crime of murder in' the first degree.

<p>Order to show cause issued from the supreme court upon the application of relator for a writ of mandamus.</p>

Action in the district court for Hennepin county for an absolute divorce on the ground of cruel and inhuman treatment. Defendant, answering, made countercharges of cruelty on the part of plaintiff, and prayed for an allowance for her separate support. The case was tried before Spooner, J., sitting for the judge of the Fourth judicial district, who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to restrain defendants, Building Trades Council, and International Brotherhood Electrical Workers of America, Eocal Union No. 292, both unincorporated associations-, and the members thereof, from interfering in any manner with the business of plaintiffs by means of threats directed against, or intimidation of, the customers of plaintiffs.

Appeal by relator from a judgment of the district court for said county, Buckham, J., dismissing relator’s petition for a writ of mandamus.

Action in the municipal court of Minneapolis by plaintiff as administratrix of the estate of Ferdinand S.teinert, deceased, to recover $200, the amount of a “funeral benefit,” to which it was alleged the estate of decedent was entitled by virtue of his membership in defendant labor organization. The case was tried before Dickinson, 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 Polk county to recover from defendants, John D. Knuteson and K. N. Newton, $512.50, and interest, upon a promissory note. The case was tried before Watts, 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, defendants appealed.

Appeal by plaintiff from a judgment of the district court for Ramsey county, Otis, J., whereby plaintiff was awarded a limited divorce and alimony; and from an order, Bunn, J., subsequently entered, modifying said judgment with respect to the payment of alimony.

Action in the district court for St. Louis county to determine the adverse claims of defendants to vacant and unoccupied land. The case was tried before Cant, J., who found in favor of plaintiffs. From an order denying a motion for a new trial, and from a judgment entered pursuant to the findings, Katharina Mueller and certain other defendants appealed.

<p>Bankrupt — Fraudulent Conveyance.</p> <p>In an action by a trustee in bankruptcy to set aside a transfer and conveyance of real property by the bankrupt through a third person to his wife, and within four months of filing his petition in bankruptcy, on the ground that it was made to hinder and defraud creditors, it is 7seld,-. (a) That the petition and schedule thereto attached, filed by the bankrupt, were inadmissible in evidence against the wife without her consent; (b) that they were incompetent to prove the insolvency of the bankrupt; and (c) that a conveyance of property by a bankrupt within four months of filing his petition in bankruptcy is not presumed fraudulent as to creditors, and the burden to establish its fraudulent character is upon the trustee, without a showing of which he cannot recover in an action to set aside the conveyance as fraudulent,</p>

<p>Municipal Corporation — Notice of Injury.</p> <p>The notice provided for in section 9, chapter 23, of the Citizens’ Charter of St. Paul of 1900, of injuries sustained by a traveler on a street or walk through defective conditions therein, is to be construed with liberality, but must be sufficiently definite and circumstantial to direct attention to the substantial defects and injuries for which recovery is demanded.</p> <p>Same — Specification of Claim.</p> <p>Where the notice given under the requirements of the charter referred to sets forth as the sole distinctive ground of claim conditions caused by ice and snow upon a sidewalk, an action cannot .be maintained to recover for a dangerous hole into which the injured party fell, caused by age and decay, to which the slippery condition caused by coasting on the walk is alleged to be incidental.</p>

Action in the district court for Hennepin county to. set aside an award made by referees under the terms of the Minnesota standard fire insurance policy, and to recover from defendants, upon their respective policies of insurance, the amount of damages suffered by plaintiff through fire. The case was tried before Brooks, J., who found in favor of plaintiff and directed judgment against defendants for the aggregated sum of $10,000.

<p>Physician — Malpractice.</p> <p>In an action against a physician and surgeon for negligence and unskillfulness in applying to plaintiff’s body the device known as “Roentgen’s X-Rays” for the purpose of locating a foreign substance thought to be in his lungs, it is held that the rule of liability is the same as that applied in other actions for malpractice, and one of ordinary care and prudence.</p> <p>Evidence — Same School of Medicine.</p> <p>A physician who applies the X-rays, not for medical purposes, but to locate a foreign substance in the body of his patient, is not entitled to have the question of his care and skill in applying it determined by the opinions of physicians of his own school. Martin v. Courtney, 75 Minn. 255, distinguished.</p>

Appeal by National Bond & Security Company from an order of the district court for Ramsey county, Orr, J., dismissing a petition to vacate a judgment theretofore entered in that court in proceedings instituted by the city of St. Paul for the collection of an assessment for the grading of Jessamine street in said city.

Action in the district court for Crow Wing county to establish and enforce a lien upon certain real estate alleged to have been conveyed to defendant in fraud of creditors of one W. H. Koell. Charles Syreen and' Amanda Syreen duly intervened, asserting their purchase of the premises from defendant without notice of the action or the alleged fraud.

Action in the district court for Waseca county against Minneapolis & St. Louis Railroad Company and Great Northern Railway Company to recover $2,042 for the loss of cattle which perished in a blizzard while in transit over the line of the Great Northern Company. The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of plaintiff for $1,200.

Action in the district court for Ramsey county by plaintiff a grandniece of William E. Forrest, deceased, to determine the ownership of $500 theretofore paid into court as part of the proceeds of a policy of insurance on the life of deceased. The case was tried before O. B. Lewis, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendants appealed.

Appeal by plaintiffs from an order of the district court for Ramsey county, O. B. Rewis, J., denying a motion for judgment notwithstanding the findings or for a new trial.

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

<p>Application in the district court for Ramsey county by Mary R. Townsend and another for the vacation of the plat of Underwood’s Secortd Addition to the city of St. Paul. The matter was heard before Kelly, J., who found as a conclusion of law, that the court was without jurisdiction to grant relief. From a judgment entered pursuant to the findings, petitioners appealed.</p>

Action in the municipal court of Spring Valley to recover $270.85, and interest, upon two promissory notes made by defendant and indorsed to plaintiff. The case was tried before Thayer, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the verdict, defendant appealed.

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

A-ppeal by defendant from an order of the district court for Blue Earth county, Eorin Cray, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $6,800.

Appeal by defendants from an order of the district court for Mille Lacs county, Searles, J., denying a motion to satisfy and discharge of record a judgment for $1,484.68 theretofore entered and docketed against defendants in favor of plaintiff. As to the power of the court to grant relief see G. S. 1894, § 5435; Lough v. Pitman, 26 Minn. 345; Woodford v. Reynolds, 36 Minn. 155; Rother v. Monahan, 60 Minn. 186.

Appeal by defendants, Donora Mining Company, George C. Swallow, and Fannie L- Swallow, 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 Ramsey county by plaintiff, as receiver of Allemannia Bank, to recover from defendant, as a stockholder thereof, an assessment of $1,000 levied by said court pursuant to the provisions of Laws 1899, c. 272. The case was tried before Orr, J., who made findings of fact and as conclusion of law found that plaintiff was entitled to judgment for the sum demanded. From an order denying a motion for a new trial defendant appealed.

Appeal by defendants from a judgment of the district court for .Morrison county, entered pursuant to the findings and order of Baxter, J., and from an order denying a motion for a new trial.

Action in trespass instituted before a justice of the peace and certified to the district court for Dakota county. From a judgment in favor of defendant, entered pursuant to the findings and order of Crosby, J., plaintiff appealed.

Action in the district court for St. Louis couhty' by plaintiff, as special administratrix of the estate of Eva Kuntz, deceased, to recover from defendants $4,000 alleged to have been obtained from the deceased by defendant Louisa Johnson through undue influence. The case was tried before Cant, J., and certain issues, referred to in the opinion, were submitted to a jury. The court found in favor of plaintiff for $1,814.50 and interest.

Writ of habeas corpus issued from the district court for Renville county upon relation of P. W. Olson, directed to defendant, as marshal of the village of Bird Island in said county. At the hearing, the court commissioner of said county, before the writ was returnable, made an order discharging the relator from custody. From this order defendant appealed.

Alternative writ of prohibition issued from the Supreme Court upon relation of J. F. Brandt, enjoining defendants, as members of the city council of the city of East Grand Forks, from removing relator from the office of mayor of said city.

<p>Justice of Peace — Entry of Judgment.</p> <p>It is not necessary for a justice of the peace to enter a formal order for judgment in his docket, but it is sufficient if stated therein that the court rendered judgment in favor of the plaintiff for a certain amount and for a designated sum as costs, which is in compliance with section 5022, G. S. 1894.</p> <p>Evidence.</p> <p>Upon a consideration of a conversation between the vendor of property and a third party, held that, while statements of the former after he had executed a bill of sale to the latter would not be admissible to attack the vendee’s title to the transfer after the sale, the evidence admitted was not prejudicial.</p> <p>Appeal — Question not Reviewable.</p> <p>Held, in an action by the alleged purchaser of personal property, which had been levied upon by virtue of an execution against the owner, that the latter, not having either asserted or claimed to the court that there was an excessive levy, cannot under the facts herein on appeal avail himself of that claim.</p>

Action in the district court for St. Louis county to determine the adverse claims of defendants, George W.'Horton and Sydney Brown, to certain vacant and unoccupied land. The case was tried before Ensign, J., who made findings of fact, and as conclusions of law found that defendant Horton was the owner of the land, subject to •the lien of defendant Brown for the amount of a local improvement assessment certificate held by him.

<p>Appeal by plaintiff from a judgment of the district court for Red Rake county, Watts, J., in favor of Anna W. Smith and James Bristol, intervenors.</p>

The probate court for Houston county having allowed the final account of defendant Maria Pope, as executrix of the will of Gershom Pope, deceased, and made a decree assigning the residue of the estate, plaintiff appealed to the district court for said county. The case was tried before Kingsley, J., who made findings of fact and as conclusions, of law found that the order allowing the final account should be affirmed and the decree modified in certain particulars.

<p>Action in the district court for Hennepin county to recover $15,000 for personal injuries. The case was tried before Harrison, J., who, upon the conclusion of the testimony, directed a verdict in favor of' defendants. From an order denying a motion for a new trial, plaintiff appealed.</p>

Appeal by plaintiffs from an order of the district court for Redwood county, Webber, J., denying a motion for a new trial, after a trial and findings in favor of defendants.

Separate actions in the district court for Hennepin county, the first by plaintiff as father of Albert Bredeson, a minor, to recover $10,000 for personal injuries; the second by plaintiff in his own behalf to recover $2,000 for the loss of services of his son due to such injuries. The cases were tried together before Brooks, J., and a jury, which rendered separate verdicts in favór of plaintiff, for $3,500 in the first action and for $500 in the second.

Defendant, a private banker, was indicted in the district court for St. Louis county under Laws 1895, c. 219, for the crime of accepting a deposit when he knew himself to be insolvent. A demurrer to the indictment was overruled by Ensign, J., who certified, to the supreme court for its determination the following questions: » ■ 1. Is the act of 1895 unconstitutional and void as being in contravention of section 27, article 4, of the Constitution? 2.

Action of ejectment in the district court for Swift county. The case was tried before Qvale, J., who directed a verdict in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Clay county, Baxter, J., granting a motion for a new trial, after a trial and verdict in favor of plaintiff for $185.90.

Action in the district court for Hennepin county to recover $996.66, and interest, for money paid for the use of defendant, and $395.54, and interest, upon a promissory note. The case was tried before W. R. Cray, J., who found in favor of plaintiff for the aggregaté sum demanded. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Yellow Medicine county to recover $844.30, and interest, for the conversion of wheat alleged to have been stored with defendant. The case was tried before Powers, 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 triál, defendant appealed.

Action in the district court for Hennepin county to determine the adverse claim of defendant to real property in possession of plaintiff. The case was tried before Elliott, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed. Defendant’s title is founded upon an execution sale under a judgment against Joseph R. Clements to which plaintiff was not a party, which was had after her possession had begun.

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.

Appeal by defendants from an order- of the district court for Le Sueur co'unty, Cadwell, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff.

Defendant was tried and convicted in the district court for Hennepin county before Elliott, J., and a jury on an indictment charging him with having received a bribe while exercising the office of mayor of the city of Minneapolis. From the judgment of conviction, whereby he was sentenced to confinement for a term of six years in the state . prison, defendant appealed.

<p>Fraudulent Representations.</p> <p>On the question of fraudulent representations as to title on an exchange of real estate, helé, the trial court properly directed a verdict in favor of respondents.</p>

Action in the district court for Hennepin county to recover $1,000 and interest upon a policy of fire insurance. 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. The statute requires an exclusively printed or written contract.

<p>Appeal by J. A. Sawyer and others from an order of the district court for Freeborn county, Kingsley, J.</p>

Joint appeal by petitioners, John A. Sawyer and others, from an order of the district court for Freeborn county, Kingsley, J., denying a motion made in behalf of plaintiff’s attorneys, for leave to prosecute the above entitled actions for the purpose of collecting their disbursements and fees incurred therein.

Application to the district court for Ramsey county by William G. White to have the title to certain land registered. Upon the report of the referee, summons was issued directed to Wallace W. Thomas and others, including the City of St. Paul, which answered claiming liens upon the premises by virtue of eight assessments for local improvements, certificates of sale under which were held by the city. Plaintiff's title was based upon certain tax sales.

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

The Koochiching Company having filed in the district court for Itasca county its petition for an order of court vacating a portion of the plat of Koochiching and terminating the public easement in all the streets and public'places so vacated, the court, McClenahan, J., after hearing, made its order that upon certain payments by petitioner to objectors August Franson, Eric Franson, Emma A. Olegaard and A. S. Lothian, judgment be entered granting the petition.

Defendant, being arraigned in the district court for Blue Earth county upon an indictment charging him with the crime of forgery in the first degree, entered a special plea of former acquittal. An order, Lorin Cray, J., overruling a demurrer to the special plea having been entered, the case was by consent certified to the supreme court for review.

Action in the district court for Martin -county to enforce specific performance by defendants of a contract for the sale and exchange of land. The case was tried before Quinn, 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 Martin county to recover $600, and interest, alleged to be the true consideration agreed to be paid by defendant for the execution by plaintiff of a written release, the consideration expressed in the instrument being one dollar. 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.

Appeal by defendant from' an order of the district court for Faribault county, Quinn, J., denying a motion for a new trial, after a trial and conviction of the crime of manslaughter in the first degree.

Appeal by defendant 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.

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

Action in the district court for Ramsey county to recover the sum of $350 deposited with defendant bank by plaintiff under the assumed name of Harry Sachs. Defendant admitted that a deposit of the sum named had been made but claimed credit for $250 paid out by it in good faith on the order of Sachs himself. The case was tried before Jaggard, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded.

Appeal by defendants, Timothy Foley and.others, copartners as Foley Brothers, .from an order of the district court for Morrison county, Baxter, J., overruling a demurrer to the complaint.

Writ of habeas corpus issued from the district court for Ramsey county upon relation of P. G. Hoffman, who was arrested and detained by defendant, as sheriff of said county, on the charge of publicly offering for sale and selling groceries on Sunday, in violation of chapter 362, Raws 1903. Upon the hearing before Jaggard, J., the writ was discharged, whereupon relator appealed to the supreme court.

Action in the district court for Hennepin county to enforce specific-performance by defendant Isle Harbor Land Company of a contract alleged to have been made between plaintiff and one R. A. Griffing, for the issue to plaintiff of thirty per cent, of the common stock of defend; ant upon its incorporation.

Action in the district court for Polk county by Crookston Waterworks, Power & Fight Company to recover $12,000 damages for defendant’s negligence in driving certain logs over plaintiff’s dam in Red Rake river at Crookston, whereby the dam was partly destroyed and plaintiff’s business injured. The case was tried, without a jury, before Watts, 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 Clay county to recover from defendants, Town-of Spring Prairie and Town of Flowing, $600 for the wrongful and negligent diversion of surface water from its natural courses to the land of plaintiff, by means of a highway and ditches. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $379.10.

Action in ejectment in the district court for Hennepin county and in which plaintiff also sought to recover $2,000 for injuries to his property. The case was tried before Brooks, J., who made findings of fact and as conclusions of law found that plaintiff was entitled to recover $75 as damages but to no equitable relief. From a judgment entered pursuant to the findings, plaintiff appealed. Ejectment will lie to remove overhanging projections. 10 Am. & Eng. Enc.

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

Action in the district court for Polk county to restrain defendants, City of East Grand Forks and its officers, from issuing proposed bonds of the city to the' amount of $15,000 to provide for the construction of a municipal waterworks system. From an order, Grindeland, J., denying a motion for a 'temporary injunction, plaintiff appealed.

Action in the district court for Wright county by D. M. Robbins, substituted for the Bank of Minneapolis, plaintiff, to recover from defendants, as makers and indorsers thereof, $603.56 and interest upon a promissory note. Defendants Walter Frantzen and Joseph H. Whitney alone appeared and answered. The case was tried before Giddings, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Petition filed in the district court for Ramsey county pursuant to the provisions of Raws 1899, c. 272, by Gustav Willius, as receiver of Germania Bank, praying for an order levying an assessment upon the stockholders.

Appeal by defendant from an order of the district court for Polk county, Watts, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $500.

Action in the district court for Ramsey county to recover $6,000 for personal injuries. The case was tried before Brill, J., who directed a verdict in favor of defendant upon the conclusion of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.

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, after a trial and verdict in favor of plaintiff for $76.20.

Action in' the district court for Hennepin county to recover from defendant Frank M. Parcher, lessee of the premises, described in the complaint under a written lease in which he had agreed to pay all taxes, the sum of $1,254.21, taxes thereon for the years 1896, 1897 and 1898 paid by plaintiff, as assignee of a mortgage executed by the lessor subsequently to the lease, and to establish and enforce a lien upon the premises for the amount so paid with interest.

Appeal by defendant from a judgment of the district court for Ramsey county in favor of plaintiff for $12,216.87, entered pursuant to the findings and order of Brill, J.

<p>Public Laud Graut — Conflicting Titles.</p> <p>The subject-matter of these actions is land lying within the indemnity limits of the federal land grant to aid in the construction of the Hastings & Dakota Railroad. The plaintiff claims title to the land by virtue of such grant, and the defendants through patents therefor from the government. Held, construing the grant, that the company acquired no vested right to the indemnity lands until the deficiency in the place lands was ascertained and a selection of lieu lands from the indemnity limits made and the selection approved by the Secretary of the Interiorand, further, that no such selection as to the land here in question was ever made until after the land was restored to the public domain, and the homestead rights of the occupants thereof attached.</p>