Volume 96 — Minnesota Reports

Action in the district court for Hennepin county to recover $6,849.33 damages, including loss of prospective profits, for breach of a contract by which plaintiffs were appointed for a definite term exclusive agents, to sell the product of defendant upon commission. The case was tried' before Willard R. Cray, J., and a jury, which rendered a verdict in favor of plaintiffs for $3,000. From an order, Simpson, J., denying a motion for a new trial, defendant appealed.

<p>Validity of Contract.</p> <p>Diamond v. City of Mankato, 89 Minn. 48, as to the validity of a certain contract for public improvement in the city of Mankato followed and applied.</p> <p>.Action by Taxpayers.</p> <p>On the facts stated in the opinion it is held that plaintiffs, as general taxpayers, have such an interest in the controversy as to be entitled to the relief awarded by the trial court..</p>

Action in the district court for Ramsey county, under chapter 8, p.. 70, Raws 1891, and amendment, to recover from defendant $44,447.95 delinquent personal property taxes. The case was tried before Bunn, J., who found in favor of plaintiff for the sum of $1,499.70 and interest. From a judgment entered pursuant to the findings, plaintiff appealed.

Appeal by defendant from an order of the district court for St. Louis county, Cant, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $1,416.80.

Action in the district court for Itasca county to enforce specific performance of an oral contract by which it was agreed certain land and timber purchased by plaintiffs with money advanced by defendant lumber company, the title to which was taken in the name of defendant Patrick A. Smith, was to be conveyed to plaintiffs upon repayment by them of the moneys so advanced. In the alternative plaintiffs demanded judgment for $60,000 damages.

Appeal by defendant from a judgment of the district court for Wilkin county, entered pursuant to the findings and order of Flaherty, J., affirming the clerk’s taxation of costs.

<p>Appeal by defendant from a judgment of the municipal court of Duluth, W. L. Windom, J.</p>

Appeal by plaintiffs from an order of the district court for Redwood '■county, Webber, J., denying a motion to vacate and strike from the files :lhe decision of the court in favor of the defendants and to grant a new trial.

<p>Sale of Game.</p> <p>Section 45, c. 336, p. 606, Laws 1903, which provides that “no person shall * * * sell to any one * * * at any time any * * * ruffed grouse,” construed, and held, that the statute applies to all ruffed grouse, whether captured within or without this state, and, further, that,, so construed, it is not in conflict with the constitution of this state or of the United States.</p>

Appeal by plaintiff from an order of the district court for Meeker county, Qvale, J., overruling a demurrer to counterclaims set up in. defendant’s answer to the complaint.

Appeal by defendant Amherst H. Wilder Charity, a corporation, from an order of the district court for Ramsey county, Bunn, J., fixing and allowing counsel fees of $30,000 to Charles E. Otis and Jared. How for services rendered in the action.

Action in the district court for Dodge county against defendant John I. Stene, and others, to enforce specific performance of a contract for the sale of land; to recover $2,400 damages for withholding the same; and for general relief. The case was tried before Buckham, J., who found that defendants other than Stene had purchased the land from him without notice of the contract, and as to them the action was dismissed.

Action in the district court for Ramsey county to recover $7,350 for •personal injuries. The case was tried before Brill, J., who directed a verdict in favor of defendants. From an order denying a motion for •a new trial, plaintiff appealed.

The defendant board of county commissioners having disallowed a bill for transporting to jail a prisoner arrested by plaintiff as sheriff under a criminal warrant issued by a justice of the peace for Hubbard ■county, plaintiff appealed to the district court for that county. From a judgment entered pursuant to the findings and order of Spooner, J., affirming the action of defendant board, plaintiff appealed to the ■supreme court.

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

Action in the district court for Itasca county to recover a balance of $2,400 claimed.to be due upon a contract for the installation of an electric light plant in defendant village. The case was tried before McClenahan, J., who directed a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

Appeal by plainiffs from an order of the district court for Goodhue county, Williston, J., denying a motion for a new trial.

Action in the district court for Clay county to recover $1,000 upon a fire insurance policy. Defendant denied liability on the ground that, without its consent, the insured property had been removed to a more hazardous location. The case was tried before Dibell,- J., and a jury which rendered a verdict in favor of plaintiff for $965.25. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover from defendant railway company $400 damages for delay and carelessness in transporting a carload of strawberries. The case was tried before Charles L. Smith, J., and a jury, which rendered a verdict in favor -of defendant. From an order granting a motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis to recover from defendants Emily P. Campbell and Henry Bergesen, partners as Campbell & Bergesen, $116.49 and interest for goods sold and delivered. Defendant Emily P. Campbell alone appeared and answered, interposing a general denial. The case was tried before Charles E. Smith, J., who found in favor of plaintiffs for the sum demanded. From an order denying a motion for a new trial, defendant Campbell appealed.

Action of ejectment in the district court for Hennepin county. The case was tried before Holt, J., who directed a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed. Plaintiff moved to dismiss the appeal on the ground of defective notice. Motion to dismiss denied. On the motion to dismiss the following opinion was filed on October 27, 1905.

Appeal by defendant C. D. Crawford from a judgment of the district ■court for Sherburne County, Giddings, J., whereby he was convicted ■of the crime of murder in the first degree and sentenced to be hanged.

Margaret Burns appealed to the district court for St. Louis county from an assessment of $346.37 levied upon her property by the board of public works of Duluth for the paving of Superior street. The case was tried before Cant, J., who found that the assessment should be reduced to $320.61 and that plaintiff was entitled to the return of the excess, and to payment of her disbursements on the appeal. From a judgment entered pursuant to the findings, plaintiff appealed.

Action in the district court .for Rice county to recover $3,000 for ■personal injuries resulting from a fall caused by a defective street crossing. The case was tried before Buck-ham, J., and a jury, which rendered a verdict in favor of plaintiff for $3,250. From an order denying ■ a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by relator from an order of the district court for St. Demis-County, Cant and Dibell, JJ., discharging a writ of habeas corpus and' remanding relator to the custody of respondent as sheriff of that county.

Appeal by defendant state of Minnesota from an order of the district court for Ramsey county, Orr, J., denying a motion to open a judgment theretofore entered by default in proceedings to register title to land.

Action in the district court for Hennepin county against Sadie E. Anderson, Milton D. Brown and Jesse H. Wakeman, to recover $440 for the conversion of certain crops and $3,000 for assault committed by defendant Brown. The case was tried before Pond, J., and a jury. The court dismissed the first cause of action as to all defendants and the second cause of action as to defendants Anderson and Wakeman, upon the close of plaintiff’s testimony.

Action in the district court for Ramsey county to recover $25,300 for personal injuries. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $5,750. 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 Lyon county, Webber, J., granting a motion for a new trial, after a trial and verdict in favor of plaintiff for $213.25.

Action in the district court for Crow Wing county by plaintiff as executor of the will of Loren E. Warren, deceased, to recover $350 for the conversion of certain deer and moose hides. The case was tried before McClenahan, J., who directed a verdict in favor of plaintiff for $197.12. 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 Sibley county, Morrison, J., denying a motion for a new trial.

Defendant was convicted in the district court for Hennepin county of the offense of furnishing intoxicating liquor to a minor, and sentenced to confinement for thirty days in the city workhouse of Minneapolis. From an order, Dickinson. J., denying a motion for a new trial, and from the judgment of conviction, defendant appealed.

Action in the district court for Norman county by plaintiff, as executor of the will of Clara A. Foster; deceased, to recover $518 for money had and received by defendant. Upon the trial leave was. granted to amend the complaint to conform to the facts proved, by inserting a count for money paid. The case was tried before Grindeland, J., who directed a verdict in favor of plaintiff for the sum demanded.

Action in the district court for Meeker county to recover $250, the balance of the purchase price of certain shares of stock alleged to have been bought by defendant. The case was tried before Qvale, 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.

An instrument purporting to be the last will of Orlando Lindesmith, deceased, having been admitted to probate by the probate court for Steele county over the objections of Herbert C. and Helen W. Lindesmith, children of deceased, the objectors appealed to the district court for that county. The issues were tried before Buckham, J., who found in favor of defendant, proponent of the will, and directed judgment affirming the order of the probate court.

Appeal by relator from an order of the district court for St. Louis county, Dibell, J., discharging a writ of habeas corpus and remanding relator to the custody of defendant sheriff.

Action in the district court for St. Louis county to recover $650, and interest, upon a fire insurance policy. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order granting .a motion for judgment in favor of defendant notwithstanding the verdict, and denying a motion for a new trial, plaintiff appealed.

Separate actions in the district court for Hennepin county by Charles W. Eaton and Mabel C. Eaton to recover from defendants, as sureties, $1,579.65 upon a guardian’s bond. The cases were tried before Willard R. Cray, J., who made an order dismissing the actions on the ground that consent to institute the same had not been obtained from the probate court. From judgments entered pursuant to the order, plaintiffs appealed.

Action in the district court for Ramsey county commenced by Security Trust Company as assignee of Daniel D. Merrill (for which Ransom M. Lawton was afterwards substituted as plaintiff) to recover from defendants the possession of certain land and $1,150 for the use and occupation thereof. The case was tried before Kelly, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by plaintiff from an order of the district court for Ramsey county, Kelly, J., denying a motion for a new trial, after a trial and findings in favor of defendant for $565.75.

Appeal by defendant from a judgment of the district court for Wright county, entered pursuant to the findings and order of Giddings, J., in proceedings for the collection of delinquent personal property taxes.

Action in the district court for Polk county by Lewis Ellington as administrator of the estate of Hans H. Arneson, deceased, to recover $5,045 for the death of intestate. The case' was tried before Watts, 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 an order of the municipal court of Minneapolis, Waite, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of defendants.

Appeal by defendant board of county commissioners from an order of the district court for Renville County, Powers, J., striking from the files a motion for a second trial of the action.

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

Action in the district court for St. Louis county to recover $20,410 for personal injuries. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of defendant. From an order grant-ting a motion for a new trial, defendant appealed.

Appeals by defendants from an order of the district court for Carlton county, Cant, J., overruling- separate demurrers to the complaint interposed by the defendants on the ground that several causes of action were improperly united.

Action of ej’ectment in the district court for Fillmore county by Theodore E. Sorenson, as executor of the will of Albert Olson, deceased. From an order, Kingsley, J., sustaining a general demurrer to the complaint, plaintiff appealed.

Appeal by defendant from an order of the district court for Wright county, Giddings, J., denying a motion for a new trial, after a trial and findings and order in favor of plaintiff, directing judgment for a peremptory writ of mandamus as prayed.

Appeal by plaintiffs from a judgment of the district court for Crow Wing county, dismissing the action and in favor of defendant for costs, entered pursuant to the order of Spooner, J., after a trial and verdict in favor of plaintiff for $526.25.

Action in the district court for Ramsey county to recover $5,000 for personal injuries sustained by plaintiff while a passenger in defendant’s car. The case was tried before Hallam, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Pine county to recover $2,000 for fraud of defendants in conveying to an innocent third person land previously sold and conveyed to plaintiff by warranty deed, which deed had not been recorded at the time of the fraudulent second sale. The case was tried before Crosby, J., who dismissed the action 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 Otter Tail county to recover $5,000 for personal injuries. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

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

Appeal by plaintiff from a judgment of the district court for Hennepin county, entered purusant to the findings and order of Holt, J.

Action for unlawful detainer in the municipal court of Minneapolis, The case was tried before Waite, J., and a jury, which rendered a verdict in favor of defendants, From a judgment entered pursuant to the verdict, plaintiff appealed.

Action in the district court for Nobles county to recover $800 and interest, for the conversion of certain personal property. The case was tried before P. E. Brown, 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.

<p>Appeal — Record.</p> <p>An appeal from a judgment based on an order refusing to vacate and set aside a previous order modifying a clerk’s taxation of costs and disbursements and for leave to file a proposed supplemental affidavit in support of tbe original affidavit'of costs and disbursements, involving, as it does, a review of the exercise of discretion by the trial court, cannot be considered, when based upon a record which is certified to by the clerk only, and which is not, and does not purport to be, a settled case or bill of exceptions.</p>

Action in the district court for Meeker county by Charles H. Dart to vacate a judgment by which defendant James Mahoney was decreed to be the owner of certain land, and to establish plaintiff’s title thereto, and for further equitable relief. The case was tried before Qvale, J., who found in favor of defendant Mahoney. From a judgment entered pursuant to the findings, plaintiff appealed.

Appeal by relator from an order of the district court for Wilkin county, Flaherty, J., vacating a writ of quo warranto previously issued by that court upon relation of the attorney general, and dismissing the proceedings.

Action in the district court for Swift county to recover $5,446.15 for moneys had and received by defendant and converted by him. The case was tried before Qvale, J., who made findings of fact, and as conclusion of law found that the action should be dismissed. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Beltrami county to recover from defendant Leslie H. Bailey $989, money had and received to the use of plaintiff. The case was tried before McClenahan, J., and a jury, which rendered a verdict in favor of plaintiff for $500. From an order granting a motion for a new trial upon the ground of newly discovered evidence, plaintiff appealed.

Action in the district court for Crow Wing county by plaintiffs, owners of a line of steamboats operating upon a navigable river, to abate a public nuisance consisting of a closed bridge unlawfully erected by defendant across the stream. From an order, Spooner, J., sustaining a general demurrer to the complaint, plaintiffs appealed.

Appeal by defendants Philip D. Youngman and wife from an order of the district court for Cass county, Spooner, J., overruling their- demurrer to the complaint.

Action in the district court for Polk county to recover from defendant city $3,897.20, damages sustained by plaintiff, a subcontractor, by reason of defendant’s neglect to require of a contractor for street paving a bond as provided by chapter 321, ‘Laws 1901. The case was tried before Watts, J., who found in favor of defendant on the ground that the city’s contract for the work was unauthorized and void. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county for the partition of land occupied by defendant as a homestead, the plaintiff and defendant being husband and wife, though living apart, and being joint owners of the title. Prom a judgment in favor of defendant on the pleadings entered pursuant to the order of Kelly, J., plaintiff appealed.

Action in the district court for Otter Tail county to recover $850 upon a fire insurance policy. The case was tried before Baxter, J., and a j’ury, which rendered a verdict in favor of plaintiff for $767. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Wright county to recover $5,000 for personal injuries. The case was tried before Giddings, J., who 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 Jackson county, Quinn, J., vacating a temporary injunction theretofore granted by the court commissioner pending determination of the action.

Action in the district court for Scott county to recover $1,975 for personal injuries sustained in driving over a private railway crossing-on the farm of a third person. The case was tried before Morrison.. J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Defendant was convicted in the district court for Itasca county, Spooner, J., of the crime of murder in the second degree and sentenced to confinement for life in the state’s prison. From the judgment of conviction, and from an order denying a motion for a new trial, defendant appealed.

Appeal by plaintiff from a judgment of divorce entered in the district court for Hennepin county pursuant to the verdict of a jury and the findings and order of Elliott, J., and from an order, Brooks, J., denying a motion to modify the judgment with respect to the allowance of alimony.

Action in the district court for Big Stone county to recover $180 for goods sold upon a contract executed in defendant’s behalf by an employee. Defendant repudiated the contract as unauthorized. The case was tried before Flaherty, J., who directed a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Action in the municipal court of Minneapolis by plaintiff Rosenstein to recover from defendant Cohen $150 paid on account under an ‘executory lease which plaintiff elected to rescind on the ground that the premises were not delivered to him at the time specified and that the same had meanwhile become uninhabitable. The case was tried before Waite, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded.

Action in the district court for Beltrami county to recover possession of a horse or $125, the value thereof, in case possession could not be had. The case was tried before Spooner, 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 to the supreme court by First Unitarian Society of Minneapolis from an order of the district court for Hennepin county, John Day Smith, J., dismissing an appeal from an order of the probate court for that county.

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

Application in the supreme court for a writ of mandamus directed to the judge of the district court for the county of Redwood. The facts are stated in the opinion.

Appeal by defendant from an order of the-district court for Ramsey county, Olin B. Lewis, J., denying a motion for a new trial, after a trial and conviction of the crime of murder in the first degree. If by proper • affidavits it appeared that the newspaper articles were published and the jury were not under restraint, the court should presume that they read such articles. Meyer v. Cadwalader, 49 Fed. 32; Clyde Mattox v. United States, 146 U. S. 140, 149.

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 $575. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Polk county to recover $40,000 for personal injuries. The case was tried before Watts, 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.

Appeal by plaintiff 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 defendant.

Appeal by defendant from an order of the district court for Ramsey county, Hallam, J., denying a motion for judgment notwithstanding the findings in favor of plaintiff or for a new trial.

In proceedings to enforce payment of delinquent real estate taxes in Pine county for the year 1903, defendant Atwood Lumber Company interposed objections. The issues thus raised were tried before Crosby, Jr., who made findings of fact, and as conclusion of law found that the objections should be overruled and judgment entered for the amount of the tax with penalties and costs. Thereupon the case was certified to the supreme court for review, pursuant to G. S. 1894, § 1589.

Action in the district court for Hennepin county to set aside a sale and transfer of certain shares of stock by plaintiff to defendant, on' the ground of fraud and duress. The case was tried before Simpson, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

<p>Town Ditch — Description.</p> <p>On the trial of the defendant on the charge of obstructing a ditch duly-laid out and established by the board of supervisors, an order of the board attempting to establish a ditch was received in evidence over the objection and exception of the defendant, in which the supposed ditch was described as follows, namely: “Beginning about the center on the west line of northwest % of southeast -Í4 of section 9, town 29, range 23; thence east about 10 to 12 rods, and 1 to 3 feet deep.” Held, that the description was void for uncertainty, and that it was error to receive the order in evidence.</p>

Appeal by defendant from an order of the district court for Stearns county, Searle, J., striking out as sham and frivolous the answer of defendant to the information of relator, and directing a judgment of ouster.

Action in the district court for Lac qui Parle county to recover $1,537.50, being the value of a deficiency in area existing in a parcel of land purchased by plaintiff from defendants upon their alleged' fraudulent representations as to the quantity thereof. The case was. tried before Qvale, J., and a jury, which rendered a verdict in favor of defendants. From an order granting a motion for a new trial,, defendants appealed.

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

Action in the district court for Hennepin county to recover $854 for the conversion of certain bran described in two shipping receipts signed by a clerk of defendant’s local agent and delivered to Blew, Armstrong & Co., whose drafts against the same were cashed by plaintiff. The case was tried before Pond, J., and a jury, which rendered a verdict in favor of defendant. From an order, Elliott, J., denying a motion for a new trial, plaintiff appealed.

Action in the district court for Hennepin county to recover $2,000 upon a beneficiary certificate issued by defendant to Wilbur N.- Taylor, payable in event of his death to plaintiff. The case was removed to the district court for Ramsey county and tried before Jaggard, J., who found in favor of defendant. From an order, Kelly, J., granting a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to foreclose a real-estate mortgage executed by defendant H. Burton Strait to defendant Orrin Kipp to secure the payment of certain promissory notes respectively transferred to and held by plaintiff and defendants Sibley County Bank and Lyon County National Bank. The case was tried before Olin. B. Lewis, J., who found in favor of plaintiff and for general relief asset forth in the opinion.

Appeal by relator from an order of the district court for Ramsey county, Kelly, J., vacating a writ of habeas corpus and remanding relator to the custody of respondent, as sheriff'of that county.

Appeal by defendant Bergit Stenmoe 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 Ramsey county by plaintiff as administrator of the estate of John Newbowers, 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 $3,000. Prom an order denying a motion for a new trial, defendant appealed.

Action in the district court for Scott county by John F. Kelly and Norman Fetter as trustees of C. H. Grafenstatte, to reform a fire insurance policy issued by defendant and recover thereon $1,500. The case was tried before Cadwell, J., who found in favor of plaintiffs as prayed.. From an order, Morrison, J., denying a motion for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Ramsey county, Bunn, J., denying a motion for a new trial upon condition that plaintiff consent to a reduction of the verdict from $4,500 to $3,000.

<p>Appeal by defendant from a judgment of the municipal court of Minneapolis, C. L,. Smith, J.</p>

An instrument purporting to be the last will of Mary Sheeran, deceased, having been admitted to probate by the probate court for Blue Earth county, defendant Emma Sheeran, widow and special administratrix of the estate of Frank Sheeran, a deceased son, appealed to the district court for that county.

Action in the district court for Ramsey county by plaintiff, as receiver of the Capital City Real Estate & Improvement Company, to recover from defendant $5,150, the amount of his constitutional liability as a stockholder in that company. The case was tried before Orr, J., who dismissed the action upon the close of plaintiff’s testimony. 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, Brooks, J., overruling a general demurrer to the complaint.

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 defendant.

Plaintiff having recovered a judgment against defendant in the district court for Stearns county instituted garnishment proceedings therein against Peter J. Winter, individually and as executor of the will of John Winter, deceased. From an order, Searle, J., granting a motion to discharge the garnishee, upon the coming in of the report of the referee appointed to take the disclosure, plaintiff appealed.

Action in the district court for Nicollet county by plaintiff as administrator of the estate of Erick Pehrson, deceased, to recover $1,980 for the death of decedent. The case was tried before Webber, 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 St. Louis county, Ensign, J., denying a motion for a new trial, after a trial and conviction of the crime of practicing medicine without a license.

Action in the district court for Ramsey county to recover $1,000 for assault incident to an alleged unlawful attempt to eject plaintiff from a street car of defendant. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff for $550. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover $10,300 for personal injuries. The case was tried before Hallam, J., and a jury, which rendered a verdict in favor of plaintiff for $7,500. From an order denying a motion for a new trial, defendant appealed.

Case certified, to review an order of the district court for Dakota county, Crosby, J., overruling a demurrer to an indictment charging defendant with the offense of soliciting the sale of spirituous liquor without a license.

Appeal by defendants 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 Polk county to recover from defendants Cameron Anderson and Kenneth C. Hunter, $301.81, for goods sold. Anderspn alone appeared and answered. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant Anderson appealed.

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

<p>Case certified from the district court for Goodhue county, Williston, J.</p>

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

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

Action in the municipal court of Minneapolis to recover $375 from defendant for its refusal to deliver to plaintiff a piano, in payment for which plaintiff tendered certain instruments in writing aggregating in amount that sum, ajl being in the following form, except as to amount and name of original holder: $25.00. Minneapolis, Minn., Dec. 16, 1904. Metropolitan Music Co., 41-43 Sixth Street South. Due Albert Wilkinson Twenty-five dollars.