Volume 94 — Minnesota Reports

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

Appeals by plaintiffs from orders of the district court for Pine county, Crosby, J., sustaining separate demurrers to the complaint interposed by defendant Frank R. Duxbury and defendants Francis A. Duxbury and others.

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

Plaintiffs having recovered a judgment against defendant Ryan the same was assigned to Urban Investment Company, which thereafter instituted garnishment proceedings in the district court for Ramsey county against Minnesota Loan & Trust Company. Whereupon Thomas F. Keeley intervened, claiming under an assignment from Ryan to be entitled to the fund in possession of the garnishee.

<p>Pleading.</p> <p>Following Root v. Childs, 68 Minn. 142, where the obligation of a party to a contract is to pay only upon the happening of a contingency, its occurrence must be alleged in the complaint in an action for the recovery of the money.</p> <p>Amendment after Judgment.</p> <p>Where it clearly appears the defendant was not misled or in any way prejudiced in maintaining his defense upon the merits, an amendment of the complaint to conform to the facts proved should be allowed even after judgment. Adams v. Castle, 64 Minn. 505; G. S. 1894, § 5262.</p> <p>New Trial.</p> <p>Where the verdict is clearly sustained by the evidence, and it not appearing affirmatively that the trial court granted a new trial in the exercise of its discretion, following Fitger v. Guthrie, 89 Minn. 330. such an order will be reversed.</p>

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

Action in the district court for Hennepin county to recover from defendant $265.71, and interest, for the conversion of a carload of grain. The case was tried before Harrison, J., and a jury, which rendered a judgment in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

' Separate appeals by defendants, W. J. Dyer & Bro., Duluth Music Company and W. J. Dyer, from an order of the district court for Ramsey county, Brill, J., overruling their separate demurrers to the complaint. The complaint does not state a cause of action as against either defendant. 2 Cook, Corp. (5th Ed.) § 684; Zellerbach v. Allenberg, 99 Cal. 57. The plaintiffs claim is more than stale, and has long been barred by the statute. 6 Enc. Pl. & Pr. 404-406.

<p>Appeal by plaintiff from an order of the district court for Stearns county, Baxter, J., opening a judgment by default as to defendant Caroline E. Clarke and permitting her to answer and defend.</p>

Appeal by defendant Barber Asphalt Paving Company from an order of the district court for Blue Earth county, Eorin Cray, J., overruling a. general demurrer to the reply to defendant’s separate answer to the amended and supplemental complaint.

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

Defendant was convicted in the district court for Winona county of the crime of grand larceny in the second degree, -and sentenced to confinement in the state prison for one year and two months. From the judgment of' conviction, and from an order, Snow, J., denying a motion for a new trial, defendant appealed.

Action in the district court for St. Louis county, to recover $15,000 for personal injuries. The case was tried before Cant, J., and a jury which rendered a verdict in favor of plaintiff for $2,250. From a judgment entered pursuant to the verdict, defendants appealed.

Appeal by defendant from an order of the district court for Ramsey county, Bunn, J., overruling a demurrer to the complaint.

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

Appeal by plaintiff from an order of the district court for Good-hue county, Williston, J., denying a motion for a new trial, after a trial and findings in favor of defendants based upon a special verdict.

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

Action in the district court for St. Louis county to recover $10,050 for personal injuries. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $4,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Alternative writ of mandamus issued from the district court for Rice county, upon relation of John Howie, commanding respondent to issue to relator a license to sell intoxicating liquor within the city of Northfield, or to show cause to the contrary. From an order, Buck-ham, J., overruling a general demurrer to the answer, relator appealed.

Three separate actions were commenced by plaintiffs in the district court for Houston county against defendant Ferguson. In the first action Security Fire & Marine Assurance Company was joined as defendant; in the second, American Trust & Insurance Company; and in the third, Commonwealth Savings & Insurance Company.

Defendant city being indebted to Oscar H. Anderson in the sum of $3,239.26 upon a completed contract for the construction of sidewalks, the latter assigned his claim to plaintiff who thereafter presented the account to the common council together with the requisite bond and an affidavit that all bills for labor and material used in the performance of the contract had been settled.

Appeal by plaintiff from an order of the district court for McLeod 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 in the district court for St. Louis county to recover $5,000 for personal injuries sustained by plaintiffs minor son. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiff for $2,000. From an order denying a motion for a new trial, defendant appealed.

Appeal by plaintiff from an order of the district court for Hennepin county, Willard R. Cray, J., sustaining separate demurrers to the complaint interposed by defendants Minneapolis and St. Rouis Railroad Company and City of Minneapolis.

<p>Negligence of Fellow Servant.</p> <p>It became necessary for a locomotive engineer attached to an ore train to move the same. He received a proper signal to back, but was required to pull forward before the backward movement could be effected. In the performance of this duty a brakeman on the rear end of the train, one thousand feet distant from the engineer, was thrown to the ground, and suffered injuries for which he recovered a verdict. Held, under the facts, that the inference that an alleged violent jar to such plaintiff was from the engineer’s negligent operation of his engine was not warranted, and that the claim upon the evidence that this servant failed to exercise proper care was at best a matter of conjecture and surmise, which could not establish his misconduct.</p>

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 Ramsey county to determine the adverse claims of defendant to certain land. The case was tried before Olin B. Lewis, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

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

Action in the district court for Otter Tail county to recover $33 alleged to be due by reason of defendant having connected his premises with plaintiff’s sewer. The case was tried before Baxter, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

The common council of the city of Moorhead having allowed and caused to be paid a bill incurred by defendant while acting as chief of police of said city for attorney’s fees and disbursements in defending an action for false arrest and imprisonment, an appeal was taken by plaintiff city to the district court for Clay county. Thereupon defendant filed a complaint setting up the facts and praying that the appeal be dismissed.

Action in the district court for Redwood county to recover $750 and interest upon certain village orders given by defendant in part payment for a chemical fire engine,which orders were thereafter assigned to plaintiff. The case was tried before Webber, 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 Benton county to recover from defendant $2,519.40, and. interest, upon four promissory notes. The case was tried before Baxter, J., who directed 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 Scott' county, Cadwell, J., denying a motion for a new trial.

Action in the district court for Jackson county to recover from defendant $1,350, as commission for services rendered in the sale of land, and $50 for money lent. Defendant interposed a counterclaim of $5,~ 000 for money had and received by plaintiff to the use of defendant while acting as the latter’s agent in the transaction out of which the commission arose.

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

Action in the district court for Scott county to reform a policy of insurance issued by defendant company to plaintiffs’ assignor, and to recover $1,500 thereon. From an order, Cadwell, J., overruling a general demurrer to the complaint, defendant appealed.

Action in the district court for Dakota county to recover $2,000 for personal injuries. The case was tried before Crosby, 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.

Action in ejectment in the district court for Hennepin county. The case was tried before Harrison, J., and a jury, which rendered a verdict in favor of plaintiff for possession of the land and $200 for the detention thereof. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Separate actions in the district court for Ramsey county by the same plaintiffs to recover respectively from defendants Peter H. Sims and wife the sum of $211.24, and from defendant Peter H. Sims the sum of $151, upon separate contracts for the installation of heating plants, and to foreclose mechanic’s liens filed to secure the payment of said claims. The actions were tried together before Kelly, J., who found in each case in favor of plaintiffs.

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

<p>Open Gates at Railroad Crossing.</p> <p>Open safety gates at a railroad, street crossing are an implied assurance to a traveler upon the street that the tracks may be safely crossed. While such fact does not relieve him from exercising ordinary care before going upon the tracks, yet the fact must be taken into consideration in determining whether he exercised such care.</p> <p>Contributory Negligence.</p> <p>The question of the contributory negligence of the plaintiff’s intestate in this case was one of fact.</p>

Action in the district court for Stearns county to recover $10,113 for personal injuries. The case was tried before Searle, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

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

Appeal by relator from an order of the district court for Wabasha county, Snow, J., discharging a writ of habeas corpus and remanding relator to the custody of defendant as sheriff of that county.

Action in the district court for Ramsey county to cancel on the ground of. fraud a contract for the sale of land and to recover $5,500, the value of property delivered to defendant on account of the purchase price stipulated in the contract. The case was tried before Orr, 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 Hennepin county to recover $20,900 for personal injuries. The case was tried before Willard R. Cray, J., and a jury, which rendered a verdict in favor of- plaintiff for $2,000. Defendant moved for judgment notwithstanding the verdict or for a new trial, and from an order granting the motion for a new trial and denying the motion for judgment notwithstanding the verdict, plaintiff and defendants respectively appealed.

Action in the district court for Ramsey county by plaintiff, as administrator of the estate of William H. Griffin, deceased, to recover $5,000 for the death of decedent. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $4,550. 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 defendants Frank E. Elmund, former treasurer of said county, and his sureties, $6,052.56 upon his official bond. The case was tried before Jaggard, J., who found in favor of plaintiff for the sum demanded. From an order granting a motion for a new trial unless plaintiff should consent that the amount of the recovery be reduced to $2,108.97 with interest, plaintiff appealed.

Action in the district court for Ramsey county to recover from defendant Dennis M. Sullivan, former auditor of that county, and his sureties, $5,869.22 upon his official bond. 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, defendants appealed.

Appeal by defendant from an order of the district court for Ramsey ' county, Olin B. Lewis, J., discharging relator from the custody of defendant as sheriff of said county.

Action in the district court for Wilkin county to recover possession of land and $1,000 for the detention thereof. The case was tried before Flaherty, J., and a jury, which rendered a verdict in favor of plaintiff for possession and $540 damages. From a judgment entered pursuant to the verdict, defendants appealed.

Appeal by defendants, Aaron Carlson, Nelson-Tuthlll Lumber Company, Frank T. Thompson and Warner Hardware Company, from a judgment of the district court for Hennepin county entered pursuant to the findings and order of Harrison, J.

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

Appeal by defendants from an order of the municipal court of Duluth, Windom, J., denying a motion for a new trial, after a trial and conviction of the offense set forth in the opinion.

Action in the district court for Carver county to recover $200 for breach of contract for the transportation of a carload of potatoes. The action was based upon a written bill of lading as modified by an alleged subsequent parol agreement. The case was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff for $127.38. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Pine county to recover from defendants $30,000 for alienation of the affections of Peter W. McAllen, former husband of plaintiff; Thereupon McAllen intervened setting up the contract mentioned in the opinion and praying that plaintiff be enjoined from proceeding further with the action.

Action in the district court for Mower county to recover $2,000 for personal injuries. The case was tried before Kingsley, 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.

Appeal by defendant 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 Dakota county to recover from defendant $50 for trespass upon land, the alleged damages consisting of the destruction of a fence and the cutting and removing of certain trees. The case was tried before Crosby, J., who found in favor of plaintiff for the sum of $15. From a judgment entered pursuant to the findings, defendant appealed.

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

Action in the district court for Stearns county to. recover $2,409.07 and interest upon a promissory note executed by defendant Lang and indorsed and guarantied by defendant C. E. Clarke. The answer of defendant Lang, who alone appeared, was on motion stricken out by the court, Baxter, J., as sham and frivolous, and thereafter the court denied defendant permission to serve a proposed amended answer.

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

Action in the municipal court of Minneapolis, to recover $500 for the loss of a carload of broom corn while in transit over the railway of defendant company. The defense was that the damage was caused by an act of God. The case was tried before Dickinson, J., and a jury, which rendered a verdict in favor of plaintiff for $412.20. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Washington county by plaintiff, by his guardian ad litem, to recover $10,000 for personal injuries. The case was tried before Williston, 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 St. Louis county to recover from defendant $3,000 on a policy of insurance issued upon the life of Charley Stramback, plaintiff’s father. Defendant denied liability under the policy, alleging that by its terms it had been forfeited by nonpayment of the stipulated premium when due. 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 St. Louis county to recover treble damages amounting to $633.60 for trespass in cutting and removing timber from plaintiffs’ land. The case was tried before Dibell; J., and a jury, which rendered a verdict in favor of plaintiffs for $150. From a judgment entered pursuant to the verdict, defendants appealed.

Appeal by defendant from an order of the district court for St. Louis county, Ensign, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $513.31.

Action in the district court for Hennepin county for an absolute divorce from the bonds of matrimony. Defendant, answering, set up a counterclaim, and also prayed for a divorce and for alimony. From orders, Pond, J., overruling a general demurrer to the answer, and allowing defendant temporary alimony, suit money and counsel fees, plaintiff appealed.

Action in the district court for Crow Wing county to determine the adverse claims of defendants to vacant and unoccupied land. The case was tried before McClenahan, J., who found in favor of plaintiffs. From a judgment entered pursuant to the findings, defendant Nelson-Frey Company appealed.

Action in the district court for Hennepin county to recover from defendant $4,556.74 and interest, claimed to have been earned as commissions in the sale of land under the contract set out in the opinion. 'The case was tried before Willard R. Cray, 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.

Action in the district court for St. Louis county to recover $1,596 for personal injuries. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed..

Defendant was convicted in the municipal court of Mankato of the offense set forth in the opinion and appealed from the judgment of conviction and from an order, Plymat, J., denying a motion for a new trial.

In proceedings in the district court for Ramsey county to enforce payment of personal property taxes delinquent for the year 1902, defendant Union Tank Line Company interposed an answer alleging that it was a foreign corporation having no officer or agent in Minnesota and that on May 1,1902, the personal property on which the tax sought to be collected was levied was only temporarily within the state and that the same was not taxable.

Action in the district court for Ramsey County to recover from defendant $600 for conversion of household goods. The case was tried before Olin B. Rewis, J., and a jury, which rendered a verdict in favor of plaintiff for $350. 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 against defendants, Minnesota Grain Company, Nils O. Werner and Carl A. Werner, to rescind on the ground of fraud certain contracts and agreements entered into between plaintiff and defendant grain company, and to recover from defendants the sum of $10,000 paid by plaintiff under such contracts.

Action in the district court for Fillmore county to recover from defendants $240.60, being a balance of money on deposit. The defendants, answering, alleged that the money had been paid out by them upon the order of plaintiffs’ agent pursuant to plaintiffs’ instructions. The case was tried before Kingsley, J., who directed a verdict in favor of plaintiffs for the sum demanded. From an order denying a motion for a new trial, defendants appealed.

Action in the district court for Ramsey county against defendant, as assignee in trust of Hastings & Dakota Railway Company, to recover $15,000 for services rendered. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $7,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Cross appeals by plaintiffs and defendants from orders of the district court for Ramsey county, Orr, J., sustaining a demurrer to the complaint as to plaintiff West Publishing Company, and overruling a demurrer to the complaint as to plaintiff St. Paul Typothetae.

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

Action in the district court for Hennepin county to foreclose a mechanic’s lien upon the property of defendant Mamie E. Nelson.

Alternative writ of mandamus issued from the supreme court, upon relation of John D. Barrett and another, directed to the district court for Pine county, the judges and clerk thereof, requiring them to transmit to Ramsey county the files and records in the action of A. B. Deahl against relators, or to show cause to the contrary.

Action of ejectment in the district court for Martin county. The case was tried before Quinn, J., who found in favor of plaintiff. From an order denying a motion to amend the conclusions of law and denying a new trial, defendants appealed. Fox Lake is a navigable lake; public, as distinguished from private waters. Lamprey v. State, 52 Minn. 181. Being public waters, plaintiff’s title to the shore lands extends only to low water mark, and does not include the island.

Defendants having been separately indicted in the district court for Scott county for accepting money on deposit in the Scott County. Bank at a time when the bank was insolvent, moved severally to quash the indictments on the grounds set forth in the opinion. The motions were heard before Cadwell, J., who made orders denying the sanie and thereafter, upon request of defendants, certified the cases to the supreme court for determination of the questions involved.

Action in the district court for Ramsey county against defendants Charles Wallblom and John Thorsell, as partners as Wallblom & Thorsell to recover $263.76, and interest, upon, a judgment. Defendant Wallblom was alone served with summons and alone appeared and answered, pleading in bar a discharge in bankruptcy. The case was tried before Kelly, 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 Red Lake county to recover from defendant $600 and interest upon twelve interest coupon notes attached to three bonds issued by defendant. The case was tried before Watts, J., who made findings of fact and as conclusion of law found that plaintiff was entitled to recover $144.16 and interest. From a judgment entered pursuant to the findings, plaintiff appealed.

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

Appeal by defendant from a judgment of the district court for Polk county entered pursuant to the order of Watts, J., dismissing an appeal from a judgment of a justice of the peace.

Alternative writ of mandamus issued from the supreme court upon relation of Marcellus R. Countryman, directed to Hon. William Rouis Kelly, one of the judges of the district court for Ramsey county.

Appeal by plaintiff from a j'udgment of the district court for Polk county, entered pursuant to an order of Watts, J., dismissing the action for want of jurisdiction.

In proceedings in the district court for Blue Earth county to enforce payment of delinquent general and special taxes upon'real estate for the year 1902, defendant interposed an answer raising objections fi> the special tax. The case was tried before Eorin Cray, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Appeal by plaintiff 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 defendant.

Appeal by defendants from an order of the district court for Nobles county, P. E. Brown, J., overruling defendants’ demurrer to the complaint.

Appeal by plaintiff from a judgment dismissing the action, entered in the district court for Meeker county pursuant to' the order of Powers, J.

Appeal by plaintiffs from an order of the district court for Brown ■county, Webber, J., granting a motion for judgment in favor of defendant, notwithstanding the verdict.

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

In the matter of the estate of Jane Robbins, deceased, plaintiff Charles A. Turner, an heir, filed objections to the allowance of defendant’s final account as administrator. The objections being overruled by the probate court for Hennepin county, an appeal was taken to the district court for that county, where the issues were tried before Willard R. Cray, J., who found in favor of defendant. From an order granting a motion for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Lyon county, Webber, J., denying a motion to vacate a judgment in favor of plaintiff entered by default, and for leave to answer.

Action in the district court for Wright county to recover from defendant $1,251 and interest for deceit in the sale of land to plaintiff. The case was tried before Giddings, 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.

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

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

Appeal by defendant from an order of the district court for Polk county, Watts, J., overruling a demurrer to the complaint.

<p>Appeal by defendant from an order of the district court for Nicollet county, Webber, J., denying a motion for a new trial, after a trial and findings in favor of plaintiff.</p>

Appeal by defendant Spencer Ericson from an order of the district court for Kandiyohi county, Powers, J., denying a motion for a new trial, after a trial and directed verdict in favor of plaintiff for $260.86.

Appeal by plaintiff from an order of the district court for Carlton county, Cant, J., denying a motion' for a new trial, after a trial and verdict for $588.28 in favor of defendant upon his counterclaim.

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

<p>Appeal by defendant from a judgment of the district court for Anoka county, entered pursuant to the findings and order of Giddings, J.</p>

Action in the municipal court of St. Paul to’recover $463 for breach of contract. Defendant interposed a counterclaim for $63 upon promissory notes given by plaintiff pursuant to the contract. The opinion states the facts. The action was tried before Hiñe, J., who found in favor of plaintiff for $181 and interest. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Washington county to recover $5,-219.07 upon an employer’s liability insurance policy. From an order Williston, J., overruling a general demurrer to the complaint, defendant appealed.

Appeal by defendants, Niagara Fire Insurance Company, Lafayette Fire Insurance Company, Traders’ Insurance Company and New York Fire Insurance Company from an order of the district court for Ramsey county, Bunn, J., overruling their demurrer to the complaint.

Appeal by plaintiff from an order of the district court for Wilkin county, Flaherty, J., denying a motion to vacate a stipulation for a •dismissal of the action previously entered into by the attorneys of rec-, ord of the respective parties.

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 decedent. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for one dollar. From an order granting a new trial, defendant appealed.

Action in the district court for St. Louis county to recover $5,050 for assault. The case- was tried before Dibell, J., and. a jury, which rendered a verdict in favor of plaintiff for $1,450. From an order denying a motion for judgment notwithstanding the verdict, and denying a motion for a new trial on condition that plaintiff consent to a reduction of the verdict to $650, defendant appealed.

Appeal by defendant from a judgment of the district court for Polk county, entered pursuant to the findings and order of Watts, J., affirming a judgment of a justice of the peace in favor of plaintiff for $62.90.

<p>Appeal by plaintiff from a judgment of the district court for Hennepin county dismissing the action, entered pursuant to the order of Willard R. Cray, J.</p>

Action in the municipal court of St. Paul to recover $167 for medical services, the Chicago Great Western Railway Company being garnished and disclosing an indebtedness to defendant of $139.35. Judgment by default upon a substituted service of summons was entered against defendant.

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

Action in the district court for Stearns county to determine the adverse claim of defendant to land in possession of plaintiff. Plaintiff, the grantee of Robert Ross, the original owner, claimed title by adverse possession under a tax certificate subsequently issued and afterwards purchased by him.

Appeal by defendant from an order of the district court for Hennepin county, Harrison, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiffs for $87.43.

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

Appeal by defendant from an order of the district court for Freeborn county, Kingsley, J., denying a .motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiffs for $148.

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

Appeal by defendant, contestee, from a judgment of the district court for Red Rake county, entered pursuánt to the findings and order of Grindeland, J.

Appeals by plaintiff and defendants from an order of the district court for Ramsey county, Jaggard, J., denying a motion for a new trial, on condition plaintiff consent to reduce the amount for which judgment was ordered to $9,439.14.

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

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

From a judgment in favor of the defendant in the district court for Morrison county, entered pursuant to an order of Searle, J., in open court, plaintiff appealed.

Appeal by defendant' from an order of the district court for St. Louis county, Dibell, J., granting' a motion for a new trial, after a. trial and a directed verdict in favor of defendant.

Appeal by defendant from an order of the district court for Chippewa county, Qvale, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $125.

<p>Appeal by relator from an order of the district court for Renville county, Qvale, J., denying a motion for a new trial.</p>