Volume 93 — Minnesota Reports

Appeal by defendants from a judgment of the district court for Blue Earth county, entéred pursuant to the findings and order of Eorin Cray, J.

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

Action in the district court for Waseca county to recover from defendant $150 for breach of a contract entered into by defendant and other promoters of plaintiff preliminary to its attempted incorporation. The case was tried before Buckham, J., who directed a verdict in favor of plaintiff for one dollar. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Alternative writ of mandamus issued from the district court for Todd county, upon relation of H. R. Van Dyke and another, commanding defendant as clerk of said court to certify and deliver to relators transcripts of certain judgments docketed in defendant’s office. From a judgment dismissing the writ entered pursuant to the findings and order of Searle, J., relators appealed. The judgment docketed is a public record and a judicial record. 20 Am. & Eng. Enc.

Appeal by P. D. McMillan and others, from an order of the district court for Freeborn county, Kingsley, J., dismissing an appeal from an order of the board of county commissioners of said county denying the petition of Kenneth MacRae and others for establishment of a public drainage ditch.

Action in the district court for St. Louis county to recover $1,000 and interest upon a “benefit certificate” of insurance issued by defendant to Agnes Campbell, with indemnity, in case of her death, payable to plaintiffs. The case was tried before Dibell, J., who found in' favor of plaintiffs for the sum demanded. From a judgment entered pursuant to the findings, defendant appealed.

Action in the municipal court of St. Paul to recover from defendant $150 for malicious trespass, the acts complained of consisting in the discharge upon plaintiff’s land of rainwater from defendant’s building. The case was tried before Finehout, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

In proceedings in the district court for Ramsey county by St. Paul Terminal & Transfer Company to condemn a right of way over certain land, the commissioners ascertained the damages and awarded the same to the owners and certain holders of tax certificates in proportion to their respective interests.

Action in the district court for Martin county to recover from defendant $200 for the conversion of grain. The case was tried before Quinn, j., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Defendant was convicted in the district court for Lake county, Cant, J., of murder in the first degree and sentenced to death. Subsequently his sentence was commuted by the board of pardons to life imprisonment, which defendant accepted. Thereafter he appealed from the judgment of conviction.

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

Appeal by plaintiff from an order of the district court for Redwood county, Webber, J., overruling a demurrer to a counterclaim set up in defendant’s answer.

Alternative writ of mandamus issued from the district court for Hennepin county on relation of Lela B. Corriston, commanding defendant as comptroller of the city of Minneapolis to join in the execution and delivery of certain “armory bonds” negotiated and sold by said city, or to show cause to the contrary. The case was tried before Harrison, J., who- ordered the issue of a peremptory writ. From a judgment entered pursuant to the order, defendant appealed.

Appeal by defendant from a judgment of the municipal court of St. Paul, Finehout, J. The ordinance is void because vague and indefinite. McConvill v. Mayor, 39 N. J. L. 38; Sigler v. City, 3 Ohio, N. E. 119. The ordinances- are unreasonable and therefore void. The thing declared to be a nuisance must be so per se, and cannot be made one by enactment of the municipal or general legislature.

Action in the district court for St. Louis county to recover $30,000 for personal injuries. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiff for $5,000. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the district court for Hennepin county to recover $3,707 for services rendered at defendant’s request. The case was tried before Harrison, J., who granted a motion to dismiss 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 Benton county to recover $2,879.50 and interest upon a promissory note.. The case was tried before Searle, 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. .The Minnesota statute (G. S. 1894, c. 44) is a complete code on the subject of powers and is applicable to personal as well as to real estate.

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

Appeal by plaintiff from an order of the district court for Hennepin county, Pond, J., sustaining separate demurrers to the complaint interposed by defendants City of Minneapolis and Chicago Great Western Railway Company.

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

Appeal by defendant from a judgment of the municipal court of Minneapolis, and from an order of said court, Dickinson, J., denying a motion for a new trial.

Action in replevin in the district court for Stearns county, originally brought to recover from Michael Bisenius certain personal property in his possession under a conditional contract of sale. Subsequent to-the commencement of the action Bisenius was adjudged bankrupt and defendant Charles S. Benson, as his trustee in bankruptcy, appeared and answered. From an order overruling a demurrer to the answer,, plaintiff appealed.

Appeal by plaintiff to the supreme court from an order of the district court for Faribault county, Quinn, J., dismissing an appeal from an order of the probate court for said county.

Action in 'the district court for St. L,ouis county by plaintiffs, as administrators of the estate of Samuel V. Gilbert, deceased, to recover $5,000 for the death of deceased. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiffs for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to determine the adverse claims of defendants to land in possession of plaintiff. Service of the summons was had by publication thereof and judgment by default was entered in favor of plaintiff. Thereafter the judgment was opened upon motion of defendant Louisa Grahlfs, who interposed an answer asserting herself to be the owner of the premises. Plaintiff in its reply set up the value of improvements made by it.

Action in the district court for Ramsey, county to recover $250 and interest upon a promissory note. The case was tried before Kelly, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Waseca county to recover $150 for rent' due upon a written lease. The case was tried before Buckham, J., who directed a verdict in favor of plaintiff for the amount claimed. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $3,016 for personal injuries received while riding a bicycle upon a public highway. The case was tried before Simpson, J., who found in favor of plaintiff for $450. From an order denying a 'motion for a new trial, defendant appealed. No rule is better established than the general rule that a municipal corporation is not liable for the acts of its officers or employees in the performance of public functions.

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

Appeal by plaintiff from an order of the district court for Hennepin county, Harrison, J., setting aside the service of summons.

Order issued from the supreme court upon the accusation and petition of Eli Southworth as secretary of the state board of examiners in law, requiring defendant, an attorney at law, to show cause why he should not be disbarred for professional misconduct.

The board of county commissioners of Waseca county having disallowed a claim for $279.52 presented by the plaintiff Town of Iosco for expenses incurred in controlling contagious disease, plaintiff appealed to the district court for said county. Issues were framed and the case was tried before Buckham, 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 defendant from a judgment of the municipal court of St. Paul, Finehout, J., whereby he was convicted of violation of the “smoke ordinance” of plaintiff city’ and sentenced in the alternative to pay a fine of $25 or to imprisonment for thirty days.

Action in the district court for St. Louis county to recover $4,512.92 . for the conversion of household furniture. The case was tried before Cant, 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 Hennepin county, Pond, J., denying a motion for a new trial, after a trial and findings and order for judgment in favor of plaintiff for $1,219.50.

Appeals by defendants, Robert Poole and William Kerr, from separate judgments of the district court for Jackson county, Quinn, J., whereby they were convicted, under a joint indictment, of violation of the state game law. Affirmed as to defendant Poole.

Appeal by defendant from an order of the district court for Mower county, Kingsley, J., denying a motion for a new trial, after a trial and conviction of the offense of exposing for sale impure boiled linseed oil.

Order issued from the supreme court upon the accusation and petition of Eli Southworth, as secretary of the state board of examiners in law, requiring defendants Willis E. Dodge and Vernon M. Dodge, attorneys at law, to show cause, respectively, why they should not be disbarred for unprofessional conduct.

William Chounard, having been convicted in the district court for Cass county of murder in the first degree and sentenced to death, moved that the verdict be set aside and the judgment vacated, and for a new trial. The court, Spooner, J., denied the motion, and defendant appealed to the supreme court, and thereupon moved for a stay of execution pending the hearing of the appeal.

Motion on behalf of respondents to quash a writ of certiorari issued from the supreme court upon relation of Thomas R. Kane, as county attorney, to review a personal property tax judgment entered in the district court for Ramsey county pursuant to the findings and order of Olin B. Lewis, J.

On the petition of Frank A. Day an order was issued from the supreme court requiring the respondent, as secretary of state, to show cause why a writ of mandamus should not issue requiring him to place upon the official state ballot, after the name of Calvin E. Brown as candidate for justice of the supreme court, the word “Democrat” in addition to the word “Republican,” so as to indicate the names of the two political parties which had nominated him for such office.

Motion by plaintiff to amend a judgment of the supreme court entered upon the appeal of defendant (reported in 91 Minn. 365), so as to provide expressly for a new trial.

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

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

In proceedings in the district court for Hennepin county to enforce real estate taxes delinquent for the year 1901, defendant cemetery association interposed an answer claiming that its property was exempt from taxation and praying that the tax extended against the same be annulled. The case was tried before Pond, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Beltrami county, Spooner, J., denying a motion to vacate a judgment of divorce entered by default in favor of plaintiff.

Appeal by defendant from an order of the district court for Blue Earth county, Eorin Cray, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $122.70.

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

Action in the district court for Waseca county to recover $300 for goods sold and delivered pursuant to a written contract. The case was tried before Buckham, J., who granted a motion to dismiss upon the conclusion of plaintiff’s testimony. From an order denying a motion for a new trial plaintiff appealed..

Order issued from the supreme court upon relation of Edwin S. Slater, requiring Hugh' R. Scott, as county auditor of Hennepin county, and Sherman S. Smith to show cause why an order should not be issued prohibiting placing the latter’s name as a candidate upon the official ballot to be used at the election to be held November 8, 1904.

Separate appeals by defendant from orders of the district court for St. Louis county, Ensign, J., respectively denying a motion for judgment notwithstanding the verdict or for a new trial, in each of two cases-between the same parties.

Action in the district court for Ramsey county by Victor M. Watkins and. Charles N. Bell, as surviving trustees.under the will of Amherst H. Wilder, deceased, to obtain a construction of certain provisions of the will. Charles H. Bigelow, a trustee, and others who appeared on the face of the will to be interested, were made parties defendant.

Appeal by defendants from a judgment of the district court for Wright county, entered pursuant to the order of Giddings, J.

Action of ejectment in the district court for Mille Dacs county. The case was tried before Baxter, 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 Roseau county by plaintiff, a resident taxpayer, to restrain defendant from acting upon a petition for the change of the county seat from the village of Roseau to the village of Badger. The case was tried before Grindeland, J., who found in favor of defendant and ordered that the temporary injunction be dissolved and the action dismissed. From a judgment entered pursuant to the findings, plaintiff appealed.

Appeal by defendant from a judgment in favor of plaintiff for $488.73 entered in the district court for Roseau county, pursuant to the findings and order of Grindeland, J.

Action in the district court for Hennepin county to recover $3,075 for personal injuries. 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 a new trial, plaintiff appealed.

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

Action in the district court for Lake county by Herbert H. Hoyt, plaintiff, against John Lightbody, H. Berlingame, John Currie, “and also all other persons or parties unknown, claiming any right, title, estate, lien or interest in the real estate described in the complaint herein” defendants, to determine the adverse claims of defendants to certain vacant and unoccupied land.

Appeal by defendants from an order of the district court for Ramsey county, Bunn, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $613.89.

Appeal by defendant from an order of the district court for Clay county, Baxter, 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 Goodhuecounty, Williston, J., granting a motion for a new trial.

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

Action in the district court for Renville county to recover possession of a team of horses, or $300 the value thereof, in case possession could not be had. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for St. Louis county to vacate an execution .sale to defendant of plaintiff’s homestead. The case was tried before Dibell, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Appeal by defendant from an order of the district court for Wadena county, Baxter, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiffs for $308.92.

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

Action in the district court for Sibley county to recover $2,000 for breach of the contract set forth in the opinion. The case was tried before Cadwell, 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 Ramsey county, Kelly, J., sustaining a demurrer to a counterclaim set up in defendant’s answer. This appeal calls for a construction of G. S. 1894, § 5236, subd. 2,. and section 5237, subd. 1. The provisions of the statute concerning counterclaims (G. S. 189-4, §§ 5236, 5237) are not based upon an arbitrary dictum, but are the result of careful reasoning and judicial experience.

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

Appeal by defendant from an order of the municipal court of Minneapolis, Dickinson, J., granting a motion for a new trial. Affirmative matter in the answer which merely tends to deny the allegations of the complaint is not new matter requiring a reply. New defensive matter to require a reply must be in the nature of confes■sion and avoidance.

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

Appeal by respondent Martin from the order of Walter Wakeman, Esq., court commissioner for the county of Lyon, directing judgment in the district court for that county that relator have the care and custody of the child Arlene Martin.

Action in ejectment in the district court for Winona county. The case was tried before Snow, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict and granting a motion for a new trial, plaintiffs appealed.

Action in the district court for Polk county by Hans E. Nesne and Charles N. Bourdon, copartners as Crookston Marble Works, to restrain defendants, John O. Sundet and others, and Crookston Marble Works, a corporation, from using- the name of the corporation in conducting their business. The case was -tried before Watts, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiffs appealed.

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

Action in replevin in the district court for Big Stone county, to recover certain grain in possession of defendant. The case was tried before Flaherty, J., who granted a motion to dismiss upon the close 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 Anoka county, Giddings, J., denying a motion for a new trial.

Appeal by plaintiff from an order of the district court for St. Louis county, Ensign, Cant and Dibell, JJ., reversing an order of the municipal court of Duluth and directing a new trial.

Appeal by plaintiff from the clerk’s taxation of defendant’s costs and disbursements on dismissal of the action. By stipulation the matter was heard before Jaggard, J., who made an order sustaining the action of the clerk with respect to all but one item, which was disallowed. ■ From a judgment entered in the district court for Stevens county pursuant to the order, plaintiff appealed.

Appeal by defendant Frederick Habegger, trustee in bankruptcy of defendant IT. Burton Strait, from an order of the district court for Ramsey county, Orr, J., overruling his separate answer to the complaint.

Action in the district court for Ramsey county to recover $72 and interest for labor and materials furnished at defendant’s request. The case was tried before Jaggard, J., and a jury, which rendered a special verdict in favor of plaintiff in the form set forth in the opinion. A motion for judgment notwithstanding the verdict or for a new trial was denied and judgment in favor of jplaintiff for the sum demanded was thereupon entered, from which judgment defendant appealed.

Action in the district court for Swift county to recover $3,000 upon a bond of indemnity executed by defendants, Charles Johnson as principal, and Hans I. Hanson, W. A. Telford and D. H. Telford, as sureties, conditioned upon the faithful performance by defendant Johnson of his duties as secretary of plaintiff corporation. The case was tried before Qvale, J., who found in favor of plaintiff for the sum demanded.

Appeal by defendant Melvin Grimes 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 plaintiffs for $117.50.

Appeal by defendant from an order of the municipal court of Minneapolis, Holt, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and a verdict in favor of plaintiff for $155,62. Plaintiff knew of the rules of the school and his consent to them must be implied from his acceptance of the position as teacher. Mc-Lellan v. Board, 15 Mo. App. 362.

Appeal by defendants from a judgment of the district court for Hennepin county entered pursuant to the findings and order of Willard R. Cray, J.

Action in the district court for Renville county to recover $1,321.50 alleged to be due for construction of a well pursuant to a contract with defendant village, and to vacate an injunction previously issued in proceedings instituted by defendant Simon Richter to restrain the payment of any moneys under said contract. The case was tried before Powers, J., who found in favor of defendants and directed that the action be dismissed.

Action in the district court for Ramsey county to recover $12,500 for personal injuries. Front an order, Olin B. Lewis, J., overruling a demurrer to the complaint, defendant appealed.

Action in the district court for St. Louis county to recover $1,500 and interest for saw logs sold and delivered to defendant. The case was tried before Ensign, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for judgment notwithstanding the verdict and granting a motion for a new trial, plaintiff appealed.

Appeal by plaintiff from an order of the district court for Blue Earth county, Lorin Cray, J., denying a motion for judgment against a garnishee and dismissing the garnishment proceedings.

Upon the petition of plaintiffs the probate court for Hennepin county, on December 21, 1903, made an order vacating in part and amending a final decree of distribution entered therein on September 11, 1895, in the matter of the estate of Willis Phelps, deceased, from which order defendants appealed to the district court for said county.

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

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

Appeal by defendant Robert H. Merriam from a judgment of the district court for Ramsey county entered pursuant t© the findings and order of Bunn, J., by which the will of Amherst H. Wilder was construed and plaintiffs, as surviving trustees thereunder, were directed to pay the sum of $10,000 and interest, being the amount of a legacy bequeathed to defendant Merriam, to defendant Corcoran Thom, his trustee in bankruptcy.

Appeal by defendant Security Trust Company from an order of the district court for Washington county, Williston, J., denying a motion to strike from the files plaintiff’s demand for a second trial of the action.

Action in the district court for Otter Tail county to recover $148 and interest for goods sold and delivered. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of defendants. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, and from a judgment entered pursuant to the verdict, plaintiffs appealed.

Action in the district court for Ramsey county to recover $30,000 for personal injuries. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $18,500. From an order granting a motion for a new trial and denying a motion for judgment notwithstanding the verdict, plaintiff and defendant severally appealed.

Action in the district court for Ramsey county by plaintiff, as receiver of Allemannia Bank, to recover from defendant as the holder of forty eight and a half shares of the stock of that bank of the par value of $4,850, an assessment of one hundred per cent, of such par value levied by said court pursuant to the provisions of Laws 1899, c. 272.

Action in the district court for Ramsey county 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 $5,150. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the district court for Carlton county to determine the adverse claims of defendants to vacant and unoccupied land. Defendant Jacob R. Meyers alone appeared and answered. The case was tried before Dibell,' J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court for Winona county by plaintiff as administratrix of the estate of Lorence Kurstelska, deceased, to recover $5,000 for the death of decedent. The case was tried before Snow, J., and a jury, which rendered a general verdict in favor .of plaintiff for the sum demanded, and also answered certain special questions submitted by the court, which are set forth in the opinion.

<p>Action in the district court for Ramsey county to reform a deed of certain mining interests made to defendant J. F. George by defendant A. R. Kiefer upon the sale by him of the assets of defendant Faber, insolvent, while acting as receiver of the insolvent, so as to describe the same as “4405 shares of the Royal Gold Mining Company”; and to reform a deed by which such interests were conveyed by George to plaintiff’s grantor; and to enjoin defendants from disposing of said shares. Defendants denied that the shares mentioned were included in the scheduled assets or disposed of in the insolvency proceedings, and defendant Faber alleged that upon the winding up of said proceedings and the discharge of the receiver the shares had reverted to him and that'he was now the owner thereof. The case was tried before Orr, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed.</p>

Appeal by defendant from an order of the district court for Dakota county, Crosby, J., denying a motion for a new trial, after a trial and conviction of the crime stated in the opinion.

Action in the municipal court of Minneapolis to recover- from the original-defendant, “Hermann’s Soehne Schwestern-Logen,” an unincorporated benefit insurance society, the sum of $500 upon an insurance certificate issued to Caroline Allison, payable in case of her death to plaintiff. Robert Malchow intervened claiming ownership of the benefit fund under a certificate subsequently issued at the request of the insured in which he was named as beneficiary.

Action in the district court for Otter Tail county to have an absolute deed made by plaintiffs to defendant Lizzie Walz declared a mortgage, and to redeem therefrom; and to vacate a subsequent deed of the premises made by defendant Walz to defendant Bertha Whiting. The case was tried before Baxter, J., who set aside a special verdict of the jury, to which certain questions referred to in the opinion were submitted, and found in favor of defendants.

Appeal by plaintiff 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 Ramsey county by plaintiff as administrator of the estate of Emil Swanson, deceased, to recover $5,200 for the death of decedent and expenses of his last sickness. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $2,700.

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

Action in the district court for Mille Lacs county against defendants, as trustees of school district No. 17 of that county, to recover $360 and interest for breach of a teacher’s contract made with plaintiff. The case was tried before Baxter, J., who found in favor of , plaintiff for the sum demanded. From a judgment entered pursuant to the findings, defendants appealed.

Action in the district court for Hennepin county to recover from defendant $3,036.77 claimed by plaintiff to be the balance of his share of partnership profits arising from certain contracts for bridge construction performed by plaintiff and defendant. The case was tried without a jury, against plaintiff's objection, before Elliott, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant from an order of the district court for Wilkin county, Flaherty, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $1,500.

Action in the district court for Hennepin county to determine the adverse claims of defendant, as administrator of the estate of Emil J. Chastek, deceased, to certain vacant and unoccupied land. The case was tried before Simpson, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant from an order of the district court for 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 $500.

Appeal by plaintiff from an order of the district court for Meeker county, Qvale, J., by which a judgment theretofore entered in favor of plaintiff and against defendant and the sureties upon his bond on appeal from a justice of the peace, was modified by discharging the judgment against the sureties. '

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

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

Appeal by defendants from a judgment of the district court for Ramsey county in favor of plaintiff for $129.74, entered pursuant to the findings and order of Orr, J.

Action in the district court for Ramsey county to recover $2,600 for trespass. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $500. From an order granting a motion for a new trial but denying a motion for judgment notwithstanding the verdict, defendant appealed.

Action of ejectment in the district court for Steele county. The case was tried before Buckham, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Appeal’by plaintiff from an order of the district court for Carver county, Cadwell, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of defendant.

Action of ejectment in the district court for Crow Wing county. The -case was tried before McClenahan, J., who found in favor of defendants. From a judgment entered pursuant to the findings, plaintiff appealed.

Action of ejectment in the district court for Martin county. The case was tried before Quinn, J., who found in favor of plaintiff for possession of the premises and $80 for the use and detention thereof. From an order denying a motion for amended findings and for a new trial, defendant appealed.

-Action in the district court for Watonwan county to recover from defendants, M. K. Armstrong as principal and Martha Armstrong and others as sureties, $2,620.14 and interest upon an indemnity bond. Defendant Martha Armstrong alone appeared and answered. The case was tried before Dorin Cray, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant Martha Armstrong appealed.

Action in the district court for Kandiyohi county to recover $96, treble damages, for trespass. The case was tried before Qvale, J., and a jury, which rendered a verdict in favor of plaintiff for $60. From an order denying a motion for a new trial provided plaintiff should consent that the verdict be reduced to $30, defendant appealed.

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

The probate court for Watonwan county having made its final decree of distribution assigning the residue of the estate of De Witt Clinton Atwell, deceased, to defendant Nellie M. Parker as his adopted daughter and heir at law, the plaintiffs, brothers and sisters of deceased, appealed to the district court for said county.

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

Appeal by plaintiff from an order of the district court for Hennepin county, Elliott, J., granting a motion for a new trial, after a trial and verdict in favor of plaintiff for $3,586.

Action in the district court for Crow Wing county to determine the adverse claims of defendant to certain, vacant and unoccupied land. The case was tried before McClenahan, J., who found in favor of plaintiffs. From an order denying a motion for a new trial, defendant appealed.

<p>Appeal by defendant from an order of the district court for St. Louis county, Dibell, J., granting plaintiff's motion to strike out a part of defendant’s answer, and denying defendant’s motion to make Charlotte V. Crosby, plaintiff’s wife, a party to the action and to require her to reply to the answer.</p>

Action in replevin in the district court for Douglas county to recover possession of two certificates of deposit aggregating $450 issued to Edward Abrahamson, since deceased, and indorsed by him to the order of plaintiff. By leave of court John C. Nelson, as administrator of the estate of deceased, intervened, claiming ownership of the certificates. No ánswer was made by defendant.

Appeal by defendants from an order of the municipal court of Minneapolis, Holt, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $167.50.

Action in the district court for Hennepin county to determine the adverse claims of defendant to certain land in possession of plaintiff. The case was tried before Willard R. Cray, J., who found in favor of plaintiff. From an order denying a motion for amended findings or for a new trial, defendant appealed.

<p>Will — Right of Widower.</p> <p>An unmarried woman executed a will by which she devised legacies to her relatives, and a certain legacy to appellant, who thereafter became her husband. Having died without issue, and there being no lawful issue of any deceased child, appellant, upon renouncing the will and electing to taire under the statute, was entitled to an equal, undivided one-third of all lands other than the homestead of which she died seised.</p> <p>Jurisdiction, of Probate Court.</p> <p>It appearing that the undivided one-third interest of the surviving husband and the other undivided two-thirds interest of the real estate could not be equitably divided, the probate court had jurisdiction, incidental to the administration and distribution of the estate, to cause the entire estate to be sold to pay specific legacies, if for the best interests of the estate and all parties concerned.</p> <p>. Evidence.</p> <p>The evidence was sufficient to justify the court in finding that the estate in question could not be equitably divided, and that it was not for the advantage of all parties concerned to sell the undivided two-thirds interest to pay the legacies.</p>

Appeal by plaintiff from an order of the district court for St. Louis county, Ensign, J., granting a motion for judgment in favor of defendant notwithstanding the verdict.

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

Appeal by defendant Charles Betcher Lumber Company from a judgment of the district court for Big Stone county, entered pursuant to the findings and order of Flaherty, J.

Action in the district court for Beltrami county to recover possession of certain saw logs or $800, the value thereof, in case recovery could not be had. The case was tried before Spooner, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

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

The probate court for Stearns county having made an order assigning to plaintiff as the widow of Henry B. McHenry, deceased, the homestead for her life and certain personal property of deceased, selected by her pursuant to the statute, defendant, a son of deceased by a former marriage, appealed to the district court for that county.

Action in the district court for McLeod county to restrain defendant, owner of the abutting property, from removing gravel from a highway. The case was tried before Cadwell, J., who made findings of fact and as conclusion of law found that plaintiff was entitled to an injunction as prayed. From a judgment entered pursuant to the findings, defendant appealed.