Volume 95 — Minnesota Reports

<p>Appeal — Creditor’s Claim.</p> <p>An order granting or refusing the petition of a creditor in insolvency proceedings to be permitted to file his claim for allowance with the assignee after the expiration of the time limited to do so is a matter within the discretion of the trial court, and the order will not be reversed on appeal unless there be a clear abuse of discretion.</p> <p>Denial of Petition.</p> <p>The trial court did not err in denying the petition of claimant herein for leave to file his claim.</p> <p>Petition to the district court for Blue Earth county by Porter J. Neff, as receiver of Motor Line Improvement Company, for permission to file his claim with the assignee of John A. Willard, insolvent, the time limited for filing claims having expired. The assignee and Walter J. Johnson, one of the creditors of -the insolvent estate, filed objections. From an order, Quinn, J., sitting for the judge of the Sixth judicial district, denying the petition, plaintiff appealed. Affirmed.</p>

Action in the municipal court of Minneapolis against defendant, as sheriff of Hennepin county, to recover possession of a piano, or $450 the value thereof, in case possession could not be had. Metropolitan Music Company intervened, claiming to be the owner of the piano. The case was tried on the issues raised by the complaint.of intervention before Holt, J., and a jury, which rendered a verdict in favor of plaintiff.

Appeal by plaintiff from an order of the district court for Hennepin county, Brooks, J., denying a motion for a. new trial, and from an order denying a motion to amend the findings of fact and conclusions of law.

<p>Pleading — Demurrer.</p> <p>Where a complaint by its allegations presents two apparent theories of plaintiff’s cause of action, one sufficiently, and the other insufficiently, pleaded, the court, in construing it on demurrer, will adopt the theory which will sustain the action, rather than the one which will defeat it. Allegation of Negligence.</p> <p>Clark v. Chicago, M. & St. Paul Ry.' Co., 28 Minn. 69, to the effect that a general allegation of negligence is sufficient when challenged by demurrer, followed and applied.</p> <p>Allegation of Injury.-</p> <p>The rule laid down in that case applies to a general allegation of plaintiff’s injuries; and an allegation that plaintiff suffered serious bodily injury and pain, and will continue to suffer pain and permanent bodily injury, is sufficient as against a general demurrer.</p> <p>Remedy by Motion.</p> <p>The remedy in such ease is by motion to make the pleadings more specific.</p>

Action in the district court for Hennepin county to recover from defendant church corporation $600, damages resulting from the discharge of rain water from the roof of defendant’s building upon plaintiff’s premises. The case was tried before Pond, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county by' plaintiff as administratrix of the estate of Oliver L,. Burris, deceased, to recover $5,000 for the death of decedent. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. From an order granting a motion for judgment in favor of defendant notwithstanding the verdict, plaintiff appealed.

Action in the municipal court of St. Paul to recover $45.75 unpaid wages earned by one Ayers while in the employ of defendant, which plaintiff alleged had been assigned to him. The case was tried before Hiñe, J., who found in favor of plaintiff. From a judgnjent entered pursuant to the order, defendant appealed.

Action in the district court for Yellow Medicine county to restrain the foreclosure of and to annul a real estate mortgage. The case was tried before Qvale, who made findings of fact, and as conclusions of law found that the mortgage was a valid and existing lien and that the temporary injunction theretofore granted should be discharged. From a judgment entered pursuant to the findings, plaintiffs appealed.

Proceeding in the district court for Ramsey county to collect delinquent personal property taxes for the year 1903. 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 Hennepin county by plaintiff as administratrix of the estate of Robert H. Graham, deceased, to recover $5,000 for the death of decedent. The case was tried before Pond, J., and a jury, which rendered ¿ 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.

In an action by plaintiff in the district court for Ramsey county under chapter 76, G. S. 1894, to enforce the statutory liability of the stockholders of Minnesota Savings Bank, judgment for $1,000 was entered against defendant Harry T. Smith in favor of Charles H. Taylor, as receiver of the bank.

<p>Appeal by defendant from an order of the district court for Martin county, Quinn, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $400.</p>

Appeal by defendant from an order of the district court for Clay-county, Baxter, J., denying a motion to vacate and set aside garnishment proceedings instituted .by plaintiff against the city of Moor-head, a municipal corporation.

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

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

<p>Local Improvement — Benefit to Property.</p> <p>The judgment of the board of public works of St. Paul as to what property is benefited, and to what extent that benefit extends,- because of the making of a local improvement authorized by the charter, is final and conclusive, and cannot be reviewed by the courts unless it is shown to be fraudulent in fact, or to have been made upon demonstrable mistake of fact, or that in making it the board of public works applied an illegal principle or an erroneous rule of law.</p> <p>Same.</p> <p>No facts bring this case within any of these exceptions.</p> <p>Determining Assessment District.</p> <p>The fixing of the limits of the district to be taxed is not a judicial function, and the courts will not interfere with its determination by statutory authorities except to correct palpable violations of the constitution or charter.</p> <p>Same:</p> <p>The spread of the assessment in this case was not so unreasonable or improper as to justify judicial interference.</p> <p>Reassessment. -</p> <p>A reassessment is not void because one notice was given and a meeting held to fix the assessment district, and afterwards a second notice was given, and a meeting held for placing the assessment upon the specific lands within this district.</p>

Appeal by defendant from an order of the district court for Hennepin county, Pond, J., denying a motion' for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor' of plaintiff for $450.

Action in the district court for Ramsey county to recover $2,000 and interest upon an accident-insurance policy issued to Lewis E. Pixley, with loss, in case of his death, payable to plaintiff-. The case was tried before Jaggard, J., who directed a verdict in favor of plaintiff for the sum demanded, upon the close of the testimony. 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 $10,000 for personal injuries. The case was tried before Olin B. Lewis, J., and a jury which rendered a verdict in favor of plaintiff for $5,000. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $16,300 for personal injuries. The case was tried before Olin B. Lewis, 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 or for a new trial, defendant appealed.

Action in the distinct court for Hennepin county to recover $3,318, treble damages, for the conversion of seventy-nine tons 'of hay. The case was tried before Willard R. Cray, J., who made an order dismissing the action, upon the close of plaintiffs’ testimony. From a judgment entered pursuant to the order, plaintiffs appealed.

Action in the district court for Crow Wing county to recover $10,000 for personal injuries. The case was tried before Spooner, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendants from an order of the district court for 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 plaintiff for $3,000.

Action in the district court for Clay county to recover $350 and interest upon a written instrument alleged to be a promissory note, indorsed to plaintiff, for value, before maturity. The case was tried before Baxter, 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.

Defendant was indicted, tried and found guilty by the district court for Kandiyohi county, Qvale, J., upon the charge of selling' intoxicating liquor without a license, 'and sentenced to pay a fine of $50 and be imprisoned for thirty days. From the judgment of conviction, defendant appealed.

Action in the district court for Jackson county to recover $1,000 ‘for'malicious prosecution. The case was tried before Lorin Cray, J., and a jury, which rendered a verdict in favor of plaintiff for $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 Hennepin county to recover $2,500 for personal injuries caused by escaping coal gas, resulting from the alleged negligence of defendant’s servants in the erection of a coal stove. ■The case was tried before Brooks, J., who granted defendants’ motion to dismiss the action, upon the conclusion of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.

In an action in the district court for Ramsey county to recover fifty thousand dollars damages for injury to plaintiff’s business by reason of an alleged conspiracy on the part of defendant corporation and its officers to destroy it, plaintiff began garnishment proceedings against the St. Paul National Bank and two other banks to reach the funds of defendants. From an order of the court, Kelly, J., directing the discharge of the garnishee, plaintiff appealed.

Relator in behalf of Arlene Martin petitioned Walter Wakeman, as court commissioner for the county of Lyons, for a writ of habeascorpus against William C. Martin and J. H. Cutler. From his decisIon, after a trial, awarding the custody of the child to the relator until the further order of the court, William C. Martin appealed to the .supreme court.

Action in the district court for Ramsey county to recover from the county $95.59 real estate taxes paid by plaintiff under protest. The case was tried before Bunn, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Clay county, among other things to annul, as in fraud of creditors, a deed of land made by defendant Elm-wood Farm Company to defendant Flour City National Bank and a contract for the sale of the land executed by these defendants; and, in case this relief should be denied, to have the deed declared a mortgage and to foreclose the same.

.Action in the district court for Rock county to recover $3,000, and interest, for negotiating in violation of a contemporaneous contract between the parties, six promissory notes of $500 each made by plaintiff to defendants, which notes coming into the hands of innocent parties plaintiff was obliged to pay. From an order, P. E. Brown, J., overruling a demurrer to the complaint, defendants appealed.

Action in the district court for Morrison county to recover $300 and interest for goods sold and delivered pursuant to a written order. The case was tried before Searle, 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 Hennepin county to recover $5,000 for personal injuries. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. From a judgment entered pursuant to the verdict, defendants appealed.

Separate actions in the district court for Red Rake county; by Walter Johnson, an infant, to recover $1,999 for personal injuries, and by Holcen Johnson, father of Walter Johnson, to recover $1,590, for the loss of his son’s services by reason of such injuries. The cases were tried together before Watts, J., and a jury, which rendered separate verdicts for $800 and $150 respectively in favor of plaintiffs.

Proceedings in the district court for Rice county under sections 5436-5441, G. S. 1894, to bind defendant Frank Hamel by a judgment previously entered in favor of plaintiffs against defendant Dooley upon the joint obligation of defendants. The case was tried before Buckham, J., who found in favor of defendant Hamel. From a judgment entered pursuant to the findings plaintiff Matthew Brown, • appealed.

Appeal by defendant from an order of the district court for Hennepin county, Willard R. 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 $750.

Action in the district court for Lac qui Parle county to annul a ■deed of land made by the guardian of plaintiff during the latter’s minority and to determine the adverse claims of defendant thereunder.

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

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

Appeal by defendants Michael Gallagher and others from a judgment and .decree of the district court for St. Louis, county, Cant, J., entered upon the application of plaintiffs in proceedings for the registration of the title to land under the Torrens system.

Appeal by plaintiffs from a judgment of the district court for Becker county in favor of defendant Detroit Light & Land Company, entered pursuant to the order of Baxter, J., sustaining a general demurrer to the complaint.

Action in the district court for Morrison county to recover $396 and interest upon an account stated. The case was tried before Baxter., 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 tria], defendant appealed.

<p>Writ of certiorari issued from the supreme court upon petition of St. Anthony Park North Trust Company, and othérs, directed to the district court for Ramsey county and the Honorable Hascal R. Brill, one of the judges thereof, to review a judgment of that court against the lands .of petitioners in proceedings to enforce a reassessment for sidewalks.</p>

. Action in the district court for Itasca county to determine the adverse claims of defendant to certain vacant and unimproved land. The case was tried before McClenahan, 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 Morrison county to recover $2,000’ for breach of contract to convey land. The case was tried beforeSearle, J., who directed a verdict in favor of plaintiff for $763.67. From an order granting a motion for a new trial, plaintiff appealed.

Appeal by plaintiff from a judgment of the district court for Winona county dismissing the action, entered pursuant to the order of Snow, J.

Action in the district court for Ramsey county by plaintiff as receiver of Allemannia Bank, insolvent, to recover from defendant corporation as owner of fifty shares of the capital stock of the bank, an assessment of one hundred per cent., amounting to $5,000, levied thereon by the district court in proceedings under chapter 272, Laws 1899. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded.

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

Action in the district court for Martin county against defendant E. R. Flygare as administrator of the estate of Lars O. Tillman, deceased, to set aside a deed of land given by deceased, to defendant Silas P. Pope as administrator of the estate of John Tillman, and to enforce specific performance of a prior contract by which the deceased undertook to sell and convey the land to plaintiff. The case was tried before Quinn, J., who found in favor of defendants.

Action in the district court for St. Louis county to recover $1,642.23 for services in cutting, hauling and delivering saw logs under a written contract. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $1,599.50. From a judgment entered pursuant to the verdict, defendant appealed.

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

Separate actions in the district court for Mille Lacs county by Flossie Cater and Marion B. Cater, each being to recover from defendant Robert H. Steeves an undivided two-fifteenths interest in certain land. The cases were tried together before Searle, J., who directed a verdict in each in favor of plaintiff. From orders granting separate motions for judgment in favor of defendant notwithstanding the verdict, plaintiff in each case appealed.

Action in the district court for Clay county to recover $1,360, with interest, for services rendered as a household servant. The case was (tried before Baxter, 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 the district court for Renville county to enforce specific performance of a contract made by defendant Brainerd for the sale of land of plaintiff and to charge the land — which was afterwards purchased by defendant D. B. Crimmins with notice of plaintiff’s contract and by him sold to defendant Dworshak with like notice — with a trust for the benefit of plaintiff; and for other equitable relief. The case was tried before Powers, J., who found in favor of plaintiff.

Action in the district court for Clay county to recover $1000 for slander. The case was tried before Baxter, J., and a j’ury, 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.

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

Writ of certiorari issued from the district court for Polk- county upon relation of Ole O. Narveson, to review the action of the canvassing board of defendant village at an election at which was submitted the question of issuing liquor licenses. From an order, Watts, J., discharging the writ, relator appealed.

Action of ejectment in the district court for Lac qui Parle count)-. The case was tried before Powers, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Hennepin county to recover $7,500 for injuries to plaintiff’s person and property resulting from a collision with defendant’s street car. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiff for $1,800. From a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county to recover $20,000 damages for assault and battery consisting of an alleged unauthorized surgical operation performed by defendant upon plaintiff’s ear.

Action in the district court for Ramsey county to recover $67,850.31 for conversion of state timber. From an order, Brill, J., sustaining a demurrer to the complaint, plaintiff appealed.

Action in the district court for Hennepin county by Hilda Widing as mother of Vendela Widing, an infant, to recover $1,975 for personal injuries. The case was tried before Willard R. Cray, 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.

Action in the district court for Rice county by plaintiff as administratrix of the estate of Agnes M. Greenwood, deceased, to recover $2,000 for the death of decedent. The case was tried before Buckham,, 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 St. Louis county to set aside a sheriff's certificate of redemption from a mortgage foreclosure sale and to determine the adverse claims of defendant thereunder to the land therein described. 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 municipal court of Minneapolis to recover $220, and interest, for services rendered at defendant’s request between March 24 and June 1, 1898. Defendant pleaded an account stated and payment.

Action in the district court for Rice county to recover $10,000 for personal injuries sustained by plaintiff while in defendant’s service. From an order, Buckham, J., overruling a general demurrer to the complaint, defendant appealed.

Action in the district court for Sherburne county to enforce specific -performance of a contract to convey land. The case was tried before Giddings, J., who made findings of fact, and as conclusions of law found that plaintiff was entitled to recover from defendant the $50 ^earnest money paid at the time the contract was executed, but to no further relief. From an order granting a motion for a new trial, defendant appealed.

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

Upon the application of Genevieve Strauch, widow of John L,. Strauch, deceased, the probate court for Ramsey county made an order allowing $300 per month for the maintenance and support of petitioner and her children pending the settlement of the estate, such allowance to continue only for one year in the event of the estate proving insolvent. From this order, defendant J. P. Uhler, a creditor of deceased, appealed to the district court for that county.

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

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

After the decision reported in 88- Minn. 257, defendant demanded a second trial under the statute. After such trial before Cadwell, J.r Soneva Houg and Gertrude Veum, widow and daughter respectively of Peter O. Houg and his sole heirs, were made parties defendant.

Action in the district court for Sherburne county to determine the adverse claims of defendant to certain vacant and unoccupied land. The case was tried before Giddings, 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 Watonwan county, Lorin Cray, J., denying a motion for a new trial, after a trial and amended findings in favor of defendant dismissing the action.

Action in the district court for Hennepin county to recover $5,000 for personal injuries. The case was tried before Willard R. Cray, J., who directed a verdict in favor of defendant upon the close of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.

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

From a judgment entered in the district court for Grant county upon a verdict against defendant for $300, after a trial before Flaherty, J., and a jury and from an order denying a motion for a new trial defendant appealed.

Appeal by plaintiff as administratrix with the will annexed ot tne estate of W. H. Davis, deceased,'from an order of the district court for Hennepin county, Brooks, J., denying a motion for a new trial.

Upon the petition of Dominick Rosbach as executor of the will of Anna M. Poseng, deceased, the probate court for Hennepin county made a final decree construing the will of deceased and assigning the estate in accordance with such construction. Defendant John Weidenbach as executor of the will of John Poseng, husband of the deceased, a distributee, thereupon appealed to the district court for said county.

Action in the district court for St. Louis county to recover from defendants, Charles F. Haglin and Peavey Duluth Terminal Company, $10,335 for personal injuries. The case was tried before Dibell, ]., and a jury, which rendered a verdict in favor of plaintiff for $2,835. Thereafter, on motion, judgment was ordered for defendants notwithstanding the verdict. From this judgment plaintiff appealed..

Action in the district court for Hennepin county against defendants, C. N. Cosgrove and others “acting for and as the State Agricultural Society, a private corporation,” and Franklin H. Griggs and Ole Renvall, to recover $5,000 for false imprisonment. From an order, Simpson, J., setting aside the service of summons on defendants Cos-grove and associates, plaintiff appealed.

Action in the district court for Carlton county by plaintiff as administrator of the estate of Oscar Erickson, an infant, deceased, to recover $5,000 for the death of intestate.. The case was tried before Ensign, 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, but reducing the verdict to $1,725, defendant appealed.

Appeal by defendants 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.

<p>'Wanton Negligence.</p> <p>A state of fact which tends to show that ordinary care might he wanting on the part of two employees of a defendant railroad Mi, under the evidence, not sufficient to authorize a submission of the question of wanton negligence of such servants in occasioning the injuries and death of a brakeman from a collision with an engine.</p>

Action in the district court for Ramsey county to recover $351.19 for the conversion of bar fixtures and a stock of liquors. The case was tried before Bunn, J.,- and a jury, which rendered a verdict in favor of plaintiffs for $300. From an order granting a motion for a new trial, plaintiffs appealed.

Action in the district court for Ramsey county to recover $10,000' for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $750. 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 L,e Sueur county, Cadwell, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict reversing the action of defendant in refusing to lay out a public highway.

Action in the district court for Hennepin county against the Railway Transfer Company of the city of Minneapolis and Northwestern Consolidated Milling Company, to recover $10,000 for personal injuries. The case was tried before Brooks, J., and a jury, which rendered a verdict in favor of plaintiff for $3,000. From an order denying their separate motions for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Clay county to recover $83.43 for money had and received to the use of plaintiff. The case was tried before Baxter, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for á new trial, plaintiff appealed.

Action in the district court for Stearns county by plaintiff as administrator of the estate of Alois Mattes, deceased, to recover $5,000 for the death of intestate. The case was'tried before Searle, J., who directed a verdict in favor of defendant upon the close of plaintiff’s testimony. From an order-denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to set aside the foreclosure of a mortgage executed by defendant Thompson and held by plaintiff under an unrecorded assignment; to set aside certain deeds by which the title acquired under the foreclosure was conveyed to defendant Carrie A. Brigham; to set aside a mortgage executed by Brigham, and the assignment thereof to defendant F. X. Gores; and to foreclose plaintiff’s mortgage.

Action in the district court for Todd county to determine the adverse claims of defendants to certain land in possession of plaintiff. Defendant George Grieb alone appeared and answered, alleging title in himself. The case was tried before Baxter, J., who found in favor of the answering defendant. From an order denying a motion for judgment in favor of plaintiff or for a new trial, plaintiff appealed.

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

Action in the district court for Lac qui Parle county to recover $1,000 for personal injuries sustained by Oscar Berg, the infant son of plaintiff. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiff for $200. From a judgment entered pursuant to the verdict, defendant appealed.

<p>Negligence.</p> <p>In this — a personal injury — action it is held, that the evidence sustains the verdict, to the effect that the defendant was negligent as alleged in the complaint, that the deceased was not guilty of contributory negligence, and, further, that there was no reversible error in the instructions to the jury.</p>

Action in the district court for Watonwan county by plaintiffs as trustees of the estate of Moses K. Armstrong, bankrupt, to charge certain land in possession of defendant with a lien in plaintiffs’ favor to the extent of moneys alleged to have been expended thereon by the bankrupt, and to foreclose such lien. The case was tried before Quinn, J., sitting for the judge of the Sixth judicial district, who found in favor of defendant.

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

Action in the district court for Jackson county to recover $1,200 for the conversion of -a stock of liquor and cigars and sundry bar fixtures. The case was tried before Quinn, J., and a jury, which rendered a verdict in favor of defendants. From an order granting a motion for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $5,000 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $400. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiff from a judgment of the district court for Hennepin county dismissing the action, entered pursuant to the order of Simpson, J.

Action in the district court for Watonwan county by plaintiff as-executor of the will of Stephen hamm, deceased, to enforce a lien upon certain land under a contract of sale thereof assigned to decedent by defendant Moses K. Armstrong, the vendor, as security for a debt. Defendants, J. W. Seager, Thomas Torson and Hans Olson, trustees, in bankruptcy of defendant Armstrong, alone answered.

Action in the district court for Martin county to recover from defendant $348 upon an account stated. After issue was joined the parties entered into the agreement of settlement set out in the opinion. Thereafter plaintiff filed a supplemental complaint, seeking to recover $500 and interest which he alleged was due under the agreement.

<p>mandamus.</p> <p>Mandamus is not a mere writ of right. It is a legal remedy granted on equitable principles. In ordinary cases parties are left to tbeir ordinary remedies. They are entitled to mandamus only because of sucb conditions of necessity or of exceptional circumstances as would result in a failure of justice if the extraordinary relief were refused, and then only in exercise of a sound judicial discretion.</p> <p>Same.</p> <p>Mandamus will not lie to compel the doing of an act which without its command would not be lawful; nor should a court allow it to compel a technical compliance with the letter of the law, where such compliance will violate the spirit of the law.</p> <p>Duty of Defendant.</p> <p>Mandamus will not issue where it is not made to appear that there is a legal right in the relator to the thing demanded, or an imperative duty on the part of the defendant to perform the act required.</p> <p>Xottery.</p> <p>A company which invests no funds, hut distributes money collected from its patrons, less a percentage retained as a commission, in accordance with priority in the number of certificate given each so-called investor, is engaged in a lottery business, or in a business which is in the nature of a lottery, and is in result a legal fraud, when it appears that the priority of such number is determined by chance, and that the redemption of such certificate is also dependent upon the chance of solvency of the company, based upon writing of new and lapsation of old contracts.</p>

Action in the district court for St. Louis county to recover $1,995 for personal injuries. The case was tried before Ensign, J., and a jury, which rendered a judgment 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 the district court for Ramsey county by plaintiff as one of the executors of the last will of Cornelia Day Wilder' Appleby, deceased, to obtain a judicial construction of the will. The case was tried before Bunn, J., who made an order dismissing the action for want of jurisdiction. From a judgment entered pursuant to the order, plaintiff appealed.

Action in the district court for Hennepin county to annul the contract of marriage between plaintiff and defendant on the ground of fraud on the part of defendant in concealing the fact of his previous insanity. At the time the action was commenced plaintiff had resided in the state less than one year. Defendant had again become insane and was confined in an asylum.

Appeal by defendant from an order of the district court for Ramseyr county, Brill, J., denying a motion for a new trial, after a trial and conviction of the crime of swindling.

Action in the district court for Clay county to recover $2,000 and interest for the conversion of a carload of live stock. The case was tried before Baxter, J., and a jury which rendered a verdict in favor of plaintiff for $1,783. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Blue Earth county by plaintiff, a subtenant, to recover from defendants, as landlords, $2,100 for personal injuries occasioned by the neglect of defendants to repair and keep in repair the floor of a porch appurtenant to the leased premises, as covenanted in the original lease. The case was tried before Eorin Cray, J., and a jury, which rendered a verdict in favor of plaintiff for $200.

Action in the district court for Carlton county under section 5164, G. S. 1894, to recover $30,000 for personal injuries sustained by plaintiff’s minor son. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $7,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

In proceedings in the district court for Hennepin county to enforce payment of real estate taxes for the year 1902, defendant answered alleging that it was an institution of purely public charity; that the land in question was necessary to its support and therefore exempt from taxation under section 3, article 9, of the state constitution.

Appeal by defendant from an order of the district court for Hennepin county, Holt, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $824.32.

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

<p>Appeal by defendant from a judgment of the district court for Polk county entered pursuant to the order of Watts, J'.</p>

Writ of certiorari issued from the supreme court upon relation of Charles Eaton and others, directed to the district court for Ramsey county and Honorable Olin B. Rewis one of the judges thereof, to review a judgment of that court entered over the objections of relators, upon a reassessment by the board of public works of the city of St. Paul for the paving of Chestnut street in that city.

Action in the municipal court of Minneapolis to recover $250 for the conversion of a stock of liquors and bar utensils. The case was tried before Holt, J., who found in favor of plaintiffs for the sum of $140. 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, Simpson, J., granting a motion for a new trial unless plaintiff should consent that the verdict be reduced to $125, after a trial and verdict in favor of plaintiff for $300.

Appeal by defendant from an order of the district court for Le Sueur county, Cadwell, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $36.

Appeal by defendants William Knauer and Carl Knauer from an order of the district court for Scott county, Cadwell, J., denying their separate motions for a new trial, after a trial and findings in favor of plaintiff.

Appeal by defendant from a judgment of the municipal court of Minneapolis in favor of plaintiff for $76.16, entered pursuant to the findings and order of Charles L. Smith, J.

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

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