Volume 92 — Minnesota Reports

In proceedings in the district court for Brown county to collect personal property tax defendant answered and after trial of the issues the court, Webber, J., found in favor of defendant. At the request of plaintiff the case was certified to this court. Thereupon defendant moved to return the case to the district court without other action by this court.

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

From a final decree of the probate court for Nicollet county assigning the residue of the estate of Gustaf Johnson, deceased, to plaintiff, defendants, nephews and nieces of deceased, appealed to the district court for said county. The case was tried before Webber, J., who found in favor of plaintiff, affirming the decree. From an order denying a motion for a new trial, defendants appealed to the supreme court.

Appeal by defendant from an order of the district court for Chippewa •county, Qvale, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $29.

Action in the district court for Ramsey county to recover $17,570 for the death of certain horses and the depreciation in value .of others, while in possession of defendant as a common carrier. From an order, Orr, J., overruling a demurrer to the complaint, defendant appealed.

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

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, after a trial and verdict in favor of plaintiff for $150.

Appeal by defendant from an order of the district court for Hennepin county, W. R. Cray, J., denying a motion to vacate a writ of attachment. Public, policy exempted the car from the process of attachment. The Minnesota Transfer Railway Company and the Chicago, Rock Island & Pacific Company had-vested rights in the car founded on a contract arrangement then in force between them and the defendant, of-which rights it was not in the power of the court to deprive them.

Appeal by defendant in each case from an order of the municipal court of Minneapolis, Holt, J., denying a motion to dissolve an attachment.

Action in the district court for Freeborn county to recover $6,300 damages for the alleged false imprisonment and malicious prosecution of plaintiff on the criminal charge of placing obstructions upon the track of defendant’s railway. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. 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 by plaintiff, an Iowa corporation, to recover from defendant, a nonresident, $60 and interest upon a promissory note. Northern Pacific Railway Company, a Wisconsin corporation, was garnished and disclosed $131 due defendant as wages. Substituted service of the summons was made upon defendant, against whom judgment'was entered by default in the main action.

Appeal by defendant from a judgment of the district court for Clay :ounty in favor of plaintiff for $748.25, entered pursuant to the findings and order of Baxter, J.

Appeal by plaintiff from an order of the district court for Chippewa county, Qvale, J., granting a motion for a new trial, after a trial and verdict in favor of plaintiff for $1,400.

Action originally brought by John Anderson in the district court for Ramsey county, to recover from defendants $20,000 for personal injuries. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. From an order denying a motion for judgment notwithstanding the verdict but granting a motion for a new trial, defendants appealed.

Appeal by defendant from an order of the district court for Brown county, Webber, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $1,000.

Action in the district court for Itasca county to reform a deed given by defendant Alonzo J. Whiteman to “Powers & Dwyer,” by inserting therein the Christian names of the grantees. Defendant Whiteman alone appeared and answered, alleging that the deed was in fact a mortgage, and void because of usury and nondelivery. The case was tried before McClenahan, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

The petition of plaintiff and others to the defendant board of supervisors to establish a highway being refused, plaintiff appealed to the district court for Carver county. The matter was tried before Cadwell, J., and a jury, which rendered a verdict reversing the action of defendant board and declaring the proposed highway of public benefit. From an order denying a motion for a new trial, defendant appealed.

Appeal by plaintiffs, the heirs of John Casey, deceased, from an order of the district court for Stearns county, Searle, J., affirming an order of the probate court of said county admitting to probate the will of decedent.

Action in the district court for Hennepin county to recover $1,083.83' for breach of warranty on the sale of threshing machinery. The case was tried before Brooks, J., who dismissed 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 Wright county to recover $144.52 for goods sold. The case was tried before Giddings, J., who directed a verdict in favor of defendant. From an order granting a motion for a new trial, defendant appealed.

Action in the district court for Pine county to recover from defendants, Fred A. Hodge and Carrie F. Hodge, $30,000 for alienation of the affections of plaintiff’s husband. Peter W. McAllen, the divorced husband, intervened, pleading the contract with plaintiff referred to in the opinion. From an order, Williston, J., striking out his complaint of intervention, intervenor appealed.

Action in the district court for Sibley county by plaintiff, as administratrix of the estate of Thomas Byrnes, deceased, to recover $555, and interest, on two promissory notes. The case was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff for $265. On motion the verdict was corrected by the court so as to read $457.47. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover from defendant $300, and interest, for rent accrued upon a written lease under which, it was alleged, defendant was occupying the premises as subtenant. The case was tried before Jaggard, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

Appeal by plaintiff from an order of the municipal court of St. Paul, Finehout, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of' defendant.

Appeal - by Claus O. Peterson, intervenor, from a judgment of the district court for Hennepin county, entered pursuant to the findings and order of W. R. Cray, J., by which defendants, city of Minneapolis and its officers, were restrained from paying to intervenor, a defeated candidate for alderman, the sum of $190 in reimbursement of his expenses in an election contest.

Appeal by defendant village of Elysian from a judgment of the district court for Ee Sueur county, entered pursuant to the findings and order of Cadwell, J.

Action of replevin in the district court for Morrison county to recover personal property seized by defendant Tanner, sheriff of that county, as the property of George and John Sencerbox, in an action brought by defendant Robert Blackwood. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for return of the property and $315 damages for its detention.

<p>On the petition of Bircham F. Morledge for a writ of mandamus directed to George T. Redington as clerk of the city of St. Paul, commanding him to modify the official ballot in specified particulars, the supreme court ordered the latter and certain interested candidates to show cause why the writ should not issue.</p>

Action in the district court for Ramsey county against Jones & Adams Company and Manhattan Right, Pleat & Rower Company, to recover $4,150 for personal injuries sustained by plaintiff in falling through an unguarded coal hole in a sidewalk. The case was tried be-. fore Brill, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500.

Action of ejectment in the district court for Watonwan county. The case was tried before Lorin Cray, J., who found 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 Martin county, Quinn, J., sustaining a demurrer to the complaint.

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

Action in the district court for Hennepin county by plaintiff, a minor, by his guardian ad litem, to recover $635, money paid to defendant upon alleged gambling contracts for the purchase and sale of wheat on margins. The case was tried before Harrison, 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, plain-tiff appealed.

Action in the district court for Ramsey county to recover $50,000 for personal injuries. The case was tried before Kelly, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Sherburne county to cancel on the ground of usury two real-estate mortgages executed by plaintiffs to defendant Henry A. Barnes and by him assigned to defendant William Auslander. The case was tried before Giddings, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiffs appealed.

<p>Action in the district court for Ramsey county to recover $450 for conversion of a piano. From a judgment entered pursuant to an -order, Bunn, J., in favor of plaintiff for $373.92, notwithstanding a verdict in favor of defendant, defendant appealed.</p> <p>If the sale was conditional, then the bringing of the suit on the note, for money only, was an act of election by appellant, which recognizes title in respondent and the seizure and conversion of the piano was wrongful. Minneapolis Harvester Works v. Hally,- 27 Minn. 495; C. Aultman & Co. v. Olson, 43 Minn. 409; Keystone Mnfg. Co. v. Cassellius, 74 Minn. 115; Hewison v. Ricketts, 10 Rep. 558; Thomason v. Lewis, 103 Ala. 426; McRea v. Merrifield, 48 Ark. 160; Parke v. White, 101 Cal. 37; Holt v. Ewing, 109 Cal. 353; Crompton v. Beach, 62 Conn. 25; Button v. Trader, 75 Mich. 295; Seanor v. McLaughlin, 165 Pa. St. 150; Parlin v. Harrell, 8 Tex. Civ. App. 368; Parlin v. Moline (Tex.) 27 S. W. 1087.</p>

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

Separate appeals: (1) by Charles F. Peterson from an ex parte order of the district court for Kittson county, Watts, J., making him a party defendant in th'e action; and (2) by the original defendants, M. A. Goar, and others, from said order and from a subsequent order of Grindeland, J., refusing to vacate such ex parte order and permitting plaintiff to amend his complaint. Appeal of Peterson dismissed.

Action in the district court for Carlton county to cancel on the ground of usury two real estate mortgages executed by plaintiff to defendant. The case was tried before Ensign, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Appeal by defendants from a judgment of the district court for Wright county, entered pursuant to the findings and order of Giddings, J. A mortgagee after his title has become absolute cannot reconvey that title to the mortgagor by parol and without any written instrument, nor can the former mortgagor, by parol and without any written instrument, revive and reinstate a lien that has ceased to exist, not only to secure the debt for which it was originally created, but also to…

Appeal by plaintiffs from an order of the district court for Watonwan county, Uorin Cray, J., denying a motion for a new trial, after a trial and verdict in favor of defendant.

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

Action in the district court for Hennepin county to recover $10,000 for slander. From an order, Harrison, J., sustaining a demurrer to the complaint, plaintiff appealed.

<p>Change of Venue.</p> <p>Where in an action there are several defendants, residing in different counties, á majority of them may secure the change of venue authorized by Laws 1903, p. 627, c. 345, by making the proper affidavit and serving a joint demand therefor- before the time for answering has expired as to any of them, or by each of them making such affidavit and serving a demand for the same change at any time before his time for answering expires.</p>

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

Appeal by defendant from an order of the district court for Goodhue county, Williston, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $145. In an action for malicious prosecution the burden of proof is on plaintiff to prove his complaint. . He is required to prove the institution of the proceedings, a lack of probable cause and malice and malicious motive on the part of the defendant.

Order issued by the supreme court upon relation of P. S. Jonason, requiring respondents, as judge and clerk respectively of the district court for Chisago county, to show cause why a writ of prohibition should not issue restraining them from further proceeding in the matter of establishing a drainage ditch.

Action in the district court for Clay county to recover $10,000 for personal injuries resulting from a fall caused by a defective sidewalk on defendant’s premises. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $50. From an order granting a motion for a new trial, unless defendant should consent to the entry of judgment in favor of plaintiff for $175, defendant appealed.

Action in the district court for Stearns county to recover $5,000 for the death of plaintiff’s minor son. From an order, Searle, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Ramsey county to recover $7,500 for personal injuries. The case was tried before Brill, J., and a jury, which rendered a verdict in favor of plaintiff for $2,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was convicted before a justice of the peace for Martin county of the offense set forth in the opinion and appealed on questions of law alone to the district court for said county. From a judgment entered pursuant to the findings and order of Quinn, J., affirming the judgment of the justice, defendant appealed to the supreme court.

Action in the district court for Brown county to- recover $4,091.59, money received by defendant to plaintiff’s use. By consent the case was tried before a referee, who found in favor of plaintiff for $3,638.49. From an order, Webber, J., denying a motion for a new trial provided plaintiff should consent to a reduction of the amount found due to $3,599.19, defendant appealed.

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

Application to the supreme court for a writ of mandamus requiring the district court for Hennepin county and the judges thereof to remand to Roseau county the case of Thomas L. Lawson and another against the Minnesota & Manitoba Railroad Company, previously removed to Hennepin county upon demaqd of defendant.

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

Alternative writ of mandamus issued from the district court for Hennepin county directed to Hugh R. Scott as auditor and David C. Bell as treasurer of that county, requiring them, respectively, to certify and accept the amount necessary to effect a redemption of certain land from a tax sale. Frank E. Byers, as holder of the certificate of sale, intervened.

Action in the district court for Ramsey County by George Bernier, a minor, by his guardian ad litem, to recover $15,000 for personal injuries. The case was tried before Brill, J., and a jury, which rendered a verdict in favor of plaintiff for $3,250. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to determine the adverse claims of defendants to certain vacant and unoccupied land. The case was tried before Jaggard, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants Hackett and Brand appealed.

Separate actions in the district court for Ramsey county to recover from each defendant $9,800 upon a fire insurance policy. The cases were tried together before Orr, J., and a jury, which rendered separate verdicts in favor of plaintiff for $5,145 in each case. From an order denying a motion for judgment notwithstanding the verdict and from ■an order granting plaintiff’s motion for a new trial in each case defendants separately appealed.

Appeal by defendant from an order of the district court for Washington county, Williston J., denying a motion to dissolve a writ of temporary injunction.

Action in the district court for Hennepin county to recover $2,400 upon a policy of fire insurance. The case was tried before Brooks, J., who found in favor of plaintiff for $1,415.79. From an order denying a motion for a new trial, defendant appealed.

Action by plaintiff, as administrator of the estate of Margaret Price, deceased, to recover $5,000 and interest upon a policy of accident insurance issued to Elijah Price, deceased, and payable to plaintiff’s intestate in case of death of the insured. The case was tried before Simpson, 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.

Alternative writ of mandamus issued from the district court for Jackson county requiring defendant as county auditor to extend upon the tax list a certain levy made by relator. From an order, Quinn, J., denying a motion for an order directing the issue of a peremptory writ, relator appealed.

<p>Appeal by plaintiff from a judgment of the district court for Brown county, Webber, J.</p>

Appeal by plaintiff from an order of the district court for Dakota county, Crosby, J., dismissing an appeal to said court from an order made by defendant Board of Supervisors vacating a certain highway.

Action in the district court for Hennepin county by Nathaniel Price as administrator of the estate of Margaret Price, deceased, and Eliza J. Price, plaintiffs, to recover $2,000 and interest upon a policy of insurance issued upon the life of Elijah Price. The case was tried before Willard R. Cray, J., and a jury, which rendered a general verdict in favor of plaintiffs for the sum demanded.

Appeal by defendant from an order of the district court for 'Ramsey county, Kelly, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $874.30.

<p>Injunction.</p> <p>In an action to enjoin the deepening of an outlet to a meandered lake and praying for other affirmative relief, held the evidence sustains the findings of the court.</p> <p>New Trial.</p> <p>A motion for a new trial, made upon the ground either of surprise or newly discovered evidence, is largely addressed to the judicial discretion of the trial court.</p>

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

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

Appeal by plaintiffs from a judgment of the district court for Ramsey county, O. B. Lewis, J. Where a status, such as marriage, is once established, it is presumed to continue until the contrary is proven. Summerhill v. Darrow (Tex.) 57 S. W. 942; Inhabitants of North Brookfield v. Inhabitants, 16 Gray (Mass.) 174; Bradner, Ev. (2d Ed.) 426, 427, §§ 15, 16; Tuttle v. Wood, 115 Iowa, 507.

<p>Appeal by defendants from an order of the district court for Olmsted county, Snow, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $115 and interest.</p>

Appeal by defendant Adeline Gurney from an order of the district court for Sherhurne county, Giddings, J., denying a motion to vacate a judgment in favor of plaintiff entered upon default of defendants and for leave to answer.

Action in the district court for Hennepin county to recover $2,117.40 premiums alleged to be due upon certain policies of indemnity insurance issued to defendant. The case was tried before Harrison, 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 St. Louis county for an absolute divorce on the ground that defendant had been sentenced to imprisonment in the state reformatory. From an order, Cant, J., sustaining a demurrer 'to the complaint, plaintiff appealed.

Action before a justice of the peace for Otter Tail county to recover $93.60 and interest for the conversion of certain wheat, in which action Andrew Bogen filed a complaint of intervention. Plaintiffs having recovered judgment for the sum demanded, defendant and intervenor appealed to the district court for that county. The case was tried de novo before Searle, J., who directed a verdict in favor of plaintiffs.

In proceedings in the district court for Red Rake county for the enforcement of personal property taxes for the year 1899, defendants interposed an answer in which they alleged that on May 1, 1899, they owned no personal property in said county. The case was tried before Watts, J., who found in favor of the state for $816.75, being the amount of the tax and penalty. From, a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for St. Louis county by plaintiff, as administratrix of the estate of Oliver L. Le Due, 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 $4,000. 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 Otter Tail county, Baxter, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $182.72.

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

Appeal by defendant from an order of the district court for Yellow Medicine county, Powers, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $1,182.

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

Action in the district .court for Ramsey county by plaintiff, a minor, by his guardian ad litem, to recover $25,000 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $5,000. From an order denying a motion for judgment notwithstanding the verdict and granting a motion for a new trial, defendant appealed.

Action in the district court for Blue Earth county to determine the adverse claims of defendant, as administrator of the estate of Gaylord Eamb, deceased, to certain land in possession of plaintiff. The case was tried before Eorin Cray, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

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

Action in the district court for Hennepin county to vacate and set asflde an award of arbitrators; to have ascertained the amount plaintiff was entitled to recover from defendants, New York Fire Insurance Company and three other-companies, upon certain policies of fire insurance respectively issued by them; and for general relief.

Action of ejectment in the district court for Aitkin county-. The case was tried before McClenahan, J., who granted defendant’s motion to dismiss, upon conclusion of plaintiff’s testimony. From an order denying a motion for, a new trial, plaintiff appealed.

Action in the district court for Take county to recover $4,000 for libel. Defendant, answering, alleged that the statements complained of were true, that the publication thereof was made in good faith, and that the same was a* privileged communication. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for St. Louis county to recover $5,000 for personal injuries. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor -of plaintiff for $1,250. From a judgment entered pursuant to the verdict, defendant appealed.

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 $1,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Hennepin county to recover $15,000 and interest from defendants, H. H. Coleman and C. E. Eindberg, maker and indorser respectively of a promissory note deposited in escrow for the use of plaintiff under the agreement set forth in the opinion. The case was tried before Harrison, J., who granted defendants' motion to dismiss, upon conclusion of plaintiff's testimony. From a judgment of dismissal, plaintiff appealed.

Action in the district court for Ramsey county to recover $500 upon a policy of fire insurance. The case was tried before Jaggard, J., who found in favor of plaintiffs for the sum demanded. From a judgment entered pursuant to the findings, defendant appealed.

Appeal by plaintiff from an order of the district court for Itasca county, McClenahan, J., sustaining a general demurrer to the complaint. From the authorities we deduce the following conclusions, which sustain out; demurrer and the order of the court thereon: 1. This suit involves a question of title, as contradistinguished from one of possession merely, for the reason that the timber, title to which is involved, was and is a part of the real estate. 2.

Action in the district court for Ramsey county to recover $3,145 for personal injuries resulting from an attack by a vicious dog owned by defendants. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for St. Louis county to recover $25,215-for malicious prosecution. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. From an order denying a motion for a new trial provided plaintiff should consent to a reduction of the verdict to $3,825, defendants appealed.

Appeal by defendant from an order of the district court for Stevens county, Flaherty, J., granting plaintiff an inspection of a document in defendant’s possession, with leave to serve a reply or an amended complaint after such inspection had as plaintiff might be advised.

Writ of certiorari issued from the supreme coúrt to review the proceedings of the defendant, as state auditor, in refusing to grant the application of relator for a mineral lease of certain land lying beneath the waters of a meandered lake.

Action in the district court for Ramsey county by L. Realty Company, plaintiff, to restrain defendant from shooting wild fowl upon a public highway running through plaintiff’s premises. From an order, O. B. Lewis, J., overruling.a general demurrer to the complaint, defendant appealed.

Action in the district court for St. Louis county to recover $2,384.94, and interest, for services performed under a written contract. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $1,669.69. From an order denying a motion for a new trial, defendant appealed.

<p>Complaint.</p> <p>Held, following Gross v. Hafemann, 91 Minn. 1, that the complaint herein states a cause of action.</p>

Action in the municipal court of Minneapolis by Frank W. Forman and M. Louise Parker, plaintiffs, to recover from defendant $850 and interest, for rent accrued upon a written lease.

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

Defendant was convicted in the municipal court of Redwood Falls of a violation of Daws 1895, c. 273, providing for the destruction of noxious weeds, and apjpealed to the district court for Redwood county. The case was heard before Webber, J., who denied a motion to dismiss and upon request certified to the supreme court for determination the questions set forth in the opinion.

Appeal by defendant from an order of the district court for Hennepin county, Pond, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $5,352.50. If the contract of insurance required proofs to be made within ninety days after the death of the insured, defendant waived that requirement by demanding claimant’s return letter and by representing on the blanks a different time limit. McCarvel v. Phenix Ins.

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

Appeal by defendant from an order of the district court for Hennepin county, Willard R. Cray, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $2,797.06.

Appeal by defendant from an order of the district court for Red Lake county, Watts, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $225.

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

Joint appeal by plaintiff, H. P. Crouse and another, intervenors, and Horace R. Robinson, as receiver of defendant company, from an order of the district court for Hennepin county, Harrison, J., permitting Richard A. Burget to intervene in the action as a creditor of defendant, and, upon proof of his claim, to participate in any future distribution of funds to be made therein.

On the petition of Monitor Drill Company and William G. Young for a writ of mandamus directed to the district court for Wright county and the judge and clerk thereof, the supreme court ordered the parties named to show cause why the writ should not be issued!

Appeal by plaintiffs from an order of the district court for Clay county, Baxter, J., denying a motion for a new trial, after a1 trial and findings in favor of defendant for $127.88.

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

Appeal by defendant, as administrator of the estate of James H. Caldwell, deceased, from an order of the district court of Itasca county, McClenahan, J., denying a motion for a new trial.

Action in the district court for St. Louis county to recover’$16,000 for personal injuries. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiff for $5,500. From an order denying a motion for a new trial, defendants appealed.

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

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

Appeal by defendants', constituting the board of county commissioners of Lincoln county, from an order of the district court for said county, Webber, J., denying a motion to dissolve a temporary writ of injunction.

Alternative writ of mandamus issued from the district court for Pine county on relation of Theodore T. Skyllingstad, commanding defendants, as county commissioners of that county, to cause to be issued and negotiated pursuant to chapter 181, Laws 1901, certificates of indebtedness sufficient to pay a county warrant for $597 held by relator, and from the proceeds of such certificates to pay said warrant with interest.

<p>Removal of Executrix — Receiver of Rents.</p> <p>Proceedings were commenced in the probate court which resulted in the removal of the executrix of an estate. Appeal was taken to the district court, and, pending the appeal, a receiver was appointed to collect the rents and take charge of the property. The order appealed from was reversed, and judgment to that effect was entered in the district court. Held: Entry of the judgment did not ipso facto discharge the receiver.</p> <p>Finding.</p> <p>The finding of the court that the receiver continued in possession of the property and collected the rents as receiver, and not as the representative of the executrix, is sustained by the evidence.</p> <p>Receiver’s Account.</p> <p>Upon a final hearing of the receiver’s account before the district court, certain items of expense with reference to certain litigation were disallowed upon the ground that the same were beyond the scope of the receivership. Held: The receiver had no claim or lien upon the balance of funds in his possession as finally adjusted by the court; that the same belonged to the executrix, and, if the receiver had a bill for services against the executrix, it was subject to settlement in the probate court.</p>

Appeal by plaintiff from a judgment of the district court for Hennepin county, entered pursuant to the findings and order of Willard R. Cray, J. The statute against lapses (G. S. 1894, § 4449) passed the legacy to the children of Daniel Brookhouse on the death of Samuel F. Pray, notwithstanding the fact that the legatee named, their father, died before the testator, and notwithstanding that the testator thought he might be dead and so stated in the bequest.

Action in the district court for Winona county to. recover from defendants M. S. Jackson and Fred Bokorny, as principals, and Fidelity & Deposit Company of Maryland, as surety, $19,939.90 upon an indemnity bond executed by defendants in connection with a contract entered into by defendants Jackson and Bokorny for constructing a sewer for plaintiff. Defendant Surety Company alone appeared and answered.

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

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

Separate actions in the district court for Goodhue county by the same plaintiffs against defendants Horace S. Rich and Silas B. Foot, to enforce contribution by defendants to the extent of their respective liabilities as co-sureties with plaintiffs upon certain guardian’s bonds.

Appeals by plaintiffs from judgments of the district court for Good-hue county, entered pursuant to the findings and orders of Williston, J. The appeals were argued and submitted together.

Action in the district court for Ramsey county to establish and enforce an equitable mortgage on real estate as security for the sum of $1,100 lent to defendant for the purchase of the premises. The case was tried before Kelly, J., who made findings of fact and as conclusions of law found that plaintiff was entitled to a specific lien upon the premises as prayed, but that she was not entitled to enforce the same as long as the annual interest on the loan should be paid.

Boundary, Appeal by defendant Katharine Baatz from an order of the district court for Polk county, Watts, J., denying a motion for a new trial.

Action in the district court for Hennepin county to, recover $2,500 upon a policy of insurance issued by defendant upon the life of plaintiff’s husband. The case was tried before Brooks, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed. The cause of action is one at law upon express contract, and no equitable questions are involved or presented by the pleadings.

Action in the district court for Ramsey county by plaintiff as administratrix of the estate of Albert Earnest Steindorff, deceased, to .recover $5,000 for the death of deceased. The case was tried before Bunn, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $106 for trespass. The case was tried before Pond, J., who found in favor of defendant for $1.40. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Hennepin county for an accounting and to enforce specific performance of a contract to reconvey, certain land. The case was tried before Elliott, J., who found that there was due to defendant the sum of $2,004.33, and that upon payment thereof plaintiff was entitled to a reconveyance of the premises as prayed. From an order denying a motion for a new trial, defendant appealed.

From an order of the probate court for Ramsey county surcharging his final account as administrator of the estate of Maria Ryan, deceased, with the sum of $927, the proceeds of a note and mortgage inventoried among the assets of the estate, plaintiff appealed to the district court for said county. The case was tried before Jaggard, J., who directed that the order of the probate court be affirmed. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $25,474 for personal injuries. The case was tried before Brooks, 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 a judgment of the district court for Ramsey county in favor of plaintiff for $1,123.02, entered pursuant to the findings and order of Brill, J. The defect upon which the action is based was not a defect of construction, but a defect of repair. Appellant would be liable therefor at common law in the absence of any ordinance, and is certainly liable under the provisions found in sections 9 and 21 of Ordinance No. 1227.

Action in the district court for Freeborn county by plaintiff, as administrator of the estate of Halvor Thompson, deceased, to recover $15,250 for the death of deceased. The case was tried before Kingsley, 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 court for Hennepin county to recover from defendant $6,849.33 for breach of contract. The case was tried before Simpson, J., and a jury,which rendered a verdict in favor of plaintiff for $5,000. From an order granting a motion for a new trial, plaintiffs appealed.

Separate actions for partition in the district court for Lyon county. The cases were tried together before Webber, J., who found in favor of plaintiff. From separate judgments entered pursuant to the findings, defendants severally appealed. If immediately after her divorce from Wesley' Keith plaintiff had commenced this action against Lewis Keith he could have set up his judgment against Wesley Keith as a bar to plaintiff’s recovery.

Evidence — Opinion of Value. Appeal by defendant from an order of the district court for Hennepin county, Elliott, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $755.