Volume 97 — Minnesota Reports

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

Action in the district court for Blue Earth county to recover $330.52 for services rendered by plaintiffs in drafting a charter for defendant city at the request of a charter commission of which they were members. The case was tried before Eorin Cray, J., who granted a motion to dismiss the action upon the close of plaintiffs’ testimony. From an order denying a motion for a new trial, plaintiffs appealed.

Appeal by defendant from a judgment of the district court for Kandiyohi county, Qvale, J., imposing a sentence of fine and imprisonment, after a trial and conviction of the offense set forth in the opinion.

Appeal by the state from an order and judgment of the district court for Ramsey county, Orr, J., denying the application of the county treasurer for a peremptory writ' of mandamus commanding Edmund W. Bazille, as judge of probate for that county, to appoint appraisers to-value certain legacies and devises for the purpose of determining the amount of the inheritance tax imposed thereon by chapter '288, Raws 1905. Reversed and remanded for further proceedings,

Action in the municipal court for Duluth to recover $300 for injuries to plaintiff’s building caused by a leak in one of the pipes of defendant’s ■waterworks system. A general demurrer to the complaint being overruled, defendant appealed to the district court for St. Louis county. From an order, Cant and Dibell, JJ., affirming the order of the municipal court, defendant appealed to the supreme court.

Action in the district court for Hennepin county to determine the adverse interest of plaintiff’s divorced wife, defendant Emma G. Wallace, in a life insurance policy issued by defendant insurance company to plaintiff, and to recover from defendant company the cash surrender value of the policy. The opinion states the facts. The case was tried before John Day Smith, J., who found in favor of defendant Emma G. Wallace.

Action in the district court for Hennepin county to determine the adverse interest of defendant in certain vacant and unoccupied land. The case was tried before Elliott, J., who found in favor of plaintiff. The opinion states the facts. Erom a judgment entered pursuant to the findings, defendant appealed. Menage, by the covenants of his deed, was estopped to claim title through the mortgage which was made by him before his deed was made. Sandwich Mnfg.

Appeal by plaintiff from a judgment of dismissal entered pursuant to an order of the district court for Itasca county, Spooner, J., sustaining a demurrer to the complaint.

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

Appeal by defendants, Cloquet Dumber Company and H. C. Hornby, from an order of the district court for St. Douis county, Cant, J., denying a motion for a new trial on condition that plaintiff consent to reduce the verdict to $1,200, after a trial and verdict in favor of plaintiff for $3,000.

Action in the district court for Yellow Medicine county to recover $844.20 for the conversion of wheat alleged to have been stored with defendant. The case was tried before Qvale, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiff appealed.

Petition to the district court for Ramsey county by Joel E. Gregory, plaintiff’s attorney, for leave to continue the action for the purpose of recovering from the parties thereto his fees and disbursements, the action having been settled and dismissed without his consent. From an order, Bunn, J., discharging an order to show cause and dismissing the application, petitioner appealed.

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

Appeal by defendant from a judgment of the municipal court of' Minneapolis, Waite, J., whereby he was convicted of the offense of.' selling spirituous liquor without a license.

Action in the district court for Wright county to recover $10,000 for personal injuries. The case was tried before Giddings, 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.

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

Appeal by plaintiff from an order of the district court for Pine county, Crosby, J., discharging an order to show cause why a judgment of divorce should not be opened and the judgment modified by providing an allowance for alimony and for the support of a minor child previously awarded to the custody of plaintiff.

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

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

Action in the district court for Red Lake county to recover $2,-000 for personal injuries. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $1,800. On motion the verdict was set aside and judgment ordered for defendant. Plaintiff appealed from the judgment.

Appeal by claimant, Parsons, Rich & Co., from an order of the district court for Hennepin county, Simpson, J., confirming the action of defendants as receivers of Millers & Manufacturers Insurance Co., insolvent, in disallowing its claim against the insolvent company upon a policy of fire insurance.

Appeal by defendant from a judgment of the municipal court of' Minneapolis, Waite, J., whereby he was convicted of the offense of selling groceries on Sunday, in violation of'chapter 362, Laws 1903.

■ Appeal to the supreme court by Henry W. Bradley from an order of the district court for Hennepin county, Simpson, J., vacating a judgment entered pursuant to the findings and order of Pond, J., and granting a new trial, in an appeál by Bradley from an order of the probate court for that county.

Appeal by Lillian Lambert, grantee of the heirs of defendant Oliver Patch, deceased, from an order of the district court for Pine county, Crosby, J., denying her motion to open a default judgment entered against said decedent and his heirs designated as unknown parties, and for leave to' answer.

Action in the district court for Ramsey county to recover $15,000 for personal injuries. The case was tried before Orr, 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.

Writ of certiorari issued from the supreme court upon the petition of -Charles E. Otis and others, to review a judgment of the district court for Ramsey county, entered pursuant to the findings and order of Orr, J., in proceedings to enforce payment of a reassessment for street grading.

Appeal by St. Paul Gaslight Company from an order of the district court for Ramsey county, Kelly, J., denying a motion for a new trial.

Action in the district court for Hennepin county to recover from •defendant $9,973.81 for breach of contract. The case was tried before Elliott, J., and a jury, which rendered a verdict in favor of plaintiff for $441.90. From an order denying a motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed.

Action in the district court for Stevens county to recover $100 for money had and received. The case was tried before Flaherty, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order granting a motion for a new trial, plaintiff appealed.

Action in partition in the district court for Hennepin county, in which was involved a question of title between plaintiff and defendant Frank E. Powers as to a portion of the premises. The case was tried before Simpson, J., who made findings of fact and as conclusions of law found, inter alia, that plaintiff had no title or interest. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Carver county to recover $1,000 for the conversion of certain wheat. The case was tried before Morrison, J., who granted a motion to dismiss the action upon the close of the testimony,- and a jury. From an order denying a motion for a new trial, plaintiff appealed.

Action in’ the district court for Scott county to recover $15,000 for personal injuries received by plaintiff’s minor son while in the performance of his duties as an employee of defendant. From an order, Morrison, J., overruling a general demurrer to the complaint, defendant appealed.

Appeal by defendant from a judgment of the district court for Hennepin county, Simpson, J., whereby he was convicted of the offense set forth in the opinion and sentenced to pay a fine of $100 or, in default of payment thereof, to imprisonment for thirty days in the county jail.

Action in the district court for Polk county by plaintiff, a minor, by his guardian ad litem, to recover $2,000 for personal injuries. The case was tried before Watts, 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.

The probate court for Dakota county having made an order denying an application to admit to probate the will of John Tyner, deceased, over the objections of the sons of decedent, the defendants, proponents of the will, appealed to the district court-for that county. The case was tried before Crosby, J., who made findings sustaining the will and reversing the order of the probate court. From a judgment entered pursuant to the findings, plaintiffs appealed.

Action in the district court for Hennepin county to determine the adverse claims of defendant to certain vacant and unoccupied land. The case was tried before John Day Smith, 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, a judgment creditor of defendant, Belton Oil & Gas Company, an Arizona corporation, to recover the amount of such judgment from defendants, Edwin R. Williams, Albert Kime, Edgar A. Charles, P. L. Stickney, George E. Rolph, Grant H. Shannon and J. P. Coan, stockholders of the corporation, to the extent of the unpaid instalments upon their stock subscriptions.

Appeal by plaintiff from an order of the municipal court of Minneapolis, Charles D. Smith, J., granting a motion for a new trial, and from a further order permitting defendant to file an amended answer, after a trial and findings in favor of plaintiff for $160.

Action in the district court for St. Louis county to recover $350 for the conversion of timber cut from plaintiff’s land. Defendant’s claim of ownership was based upon a purchase from the vendee in the contract set forth in the opinion. The case was tried before Ensign, J.,' who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Otter Tail county to recover $1,000 as the stipulated price for goods sold and delivered. Defendant, answering, set up a written contract between the parties for the exchange of land for the goods and alleged a breach thereof by plaintiff. Plaintiff replied alleging fraud and misrepresentation on the part of defendant, justifying plaintiff’s refusal to accept the land in payment.

Action in the district court for Washington county to recover from defendants Nathan D. Bammers and Emil Kreuger $686.51 and interest upon a promissory note. Defendant Bammers alone appeared and answered, pleading the statute of limitations in bar.' The case was tried before Williston, 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 Hennepin county to recover $3,000. for personal injuries. The case was tried before Holt, 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.

Appeal by relator from an order of the district court for Hennepin county, Simpson, J., discharging a writ of habeas corpus issued from that court, and remanding the relator to the custody of respondent Dreger as sheriff.

Action in the district court for Polk county to recover from defendants on the ground of fraud, $500 paid on account of the purchase price of certain timber. The case was tried before Watts, 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, defendants appealed. Affirmed.

Action in replevin in the district court for Hennepin county to recover from defendant possession of seventeen thousand five hundred railroad ties or $5,250 the value thereof in case possession could not be had. The case was tried before Holt, Ji, and a jury, which rendered a verdict in favor of plaintiff for $4,918.35. Prom an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

<p>Malicious Prosecution.</p> <p>In an action for malicious prosecution, a conviction of the plaintiff, which was reversed on appeal and the plaintiff discharged, is not conclusive, but strong prima facie, evidence of probable cause, which may be rebutted, not only by evidence tending to show that the conviction was procured by fraud or perjury, but also by any competent evidence which satisfies the jury that the prosecutor did not have probable cause for instituting the prosecution.</p> <p><7 erdict.</p> <p>The verdict for the plaintiff in this case is sustained by the evidence.</p>

Action in the district court for Ramsey county to recover $5,000 for personal injuries. The case was tried before Brill, 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 ejectment in the district court for Wright county. The case was tried before Giddings, J., who directed a verdict in favor of plaintiff for possession of the land and $37.50 damages for the detention thereof. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to recover from defendant City of St. Paul $10,767.80 upon five contracts for public work made by W. J. Preston with defendant, the claims for money due under such -contracts having been assigned to plaintiff. E. E. Berrisford and others, being the bondsmen of Preston on certain of the contracts, intervened, claiming to be entitled to the moneys due from defendant.

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

Action in the district court for Clay county to determine the adverse claims of defendants to land in possession of plaintiff. The case was tried before Baxter, J., who made findings of fact, and as conclusions of law found that defendant Paranto was the owner of the premises subject to a mortgage in favor of plaintiff for $6,183.70 under which plaintiff was in possession. From an order denying a motion for a new trial, defendants appealed.

<p>'Challenging Jurors.</p> <p>Where a party, who has not exhausted his peremptory challenges, passes them and¡ accepts the jury as then constituted, without expressly reserving his right to use them if other jurors are called, he does not thereby waive his right to peremptorily challenge a juror thereafter called in place of one challenged by his adversary. Swanson v. Mendenhall, 80 Minn. 56, 82 N. W. 1093, followed.</p> <p>Impeachment of Witness.</p> <p>Where a witness on a former trial of an action is without the jurisdiction of the court at the time of the second trial thereof, and his testimony on the first trial is received in evidence, it is not competent to impeach him by proof of self-contradictory statements made out of court, unless his attention on his examination was called to them and to the time, place, and person to whom they were made.</p> <p>Same.</p> <p>The fact that the statements were made after his examination, or, if made before, were unknown to the party seeking to discredit the witness, is not an exception to the rule.</p>

Action in the district court for Traverse county, by Smith & Zimmer Company, a corporation, to foreclose a real estate mortgage. The facts were as follows: On January 9, 1901, defendant Jacobson-being indebted to numerous creditors in a large amount, including a debt to the firm of Smith & Zimmer of $8,500, entered into a first contract with the latter, whereby they took an assignment and possession of all of Jacobson’s property.

Action in the district court for Hennepin • county to recover from •defendant a balance of $73,842.73 alleged to be due for saw logs sold -and delivered. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiff for $37,827.23. From an order denying a motion for a new trial, defendant appealed.

Writ of certiorari issued from the supreme court upon relation of the board of county commissioners of St. Louis county, to review a decision-of the state auditor holding that the personal property of Duluth & Northeastern Railroad Company and Mesabe Southern Railway Company was situated in Carlton county, Minnesota, for the purposes of assessment and taxation.

Action in the district court for Ramsey county to recover from defendant $422.50 damages for breach of the conditions of a written lease. In a former action between the parties plaintiff recovered from defendant the rent accrued subsequent to defendant’s abandonment of the leased property. Thereafter, although the lease contained no clause authorizing re-entry, plaintiff leased the premises to other tenants for the unexpired term.

Appeal by defendant from an order of the district court for Hennepin county, Holt, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiffs for $624.

Action in the district court for Cass county to' recover $2,379.99 and interest, being an alleged balance due for driving and sorting logs. The complaint set up three causes of action, the first and third being based upon written contracts. The case was tried before McClenahan, J., and a jury, which rendered a verdict in favor of plaintiff for $2,318.-99. From an order denying a motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed.

Action in the district court for Clay county to determine the adverse claims of defendant to real estate in possession of plaintiff. The case was tried before Baxter, J., who found in favor of plaintiff. From an ■order denying a motion for a new trial, defendant appealed.

Action in the district court for Clay county to recover $1,975 for personal injuries. The case was tried before Baxter, J., and a jury, which rendered a verdict in favor of plaintiff for $1,000. From an order denying a motion for judgment notwithstanding the verdict, and denying a motion for a new trial upon condition that plaintiff consent to a reduction of the verdict to $500, defendant appealed.

Action in the district court for Renville county to establish an unrecorded lost deed and to determine the adverse claims of defendants to the land therein described. The case was tried before Powers, J., who found in favor of plaintiffs. From a judgment entered pursuant to the findings, defendants appealed.

Alternative writ of mandamus issued from the district court for Ramsey county, upon relation of John G. Roche, a judgment creditor in a judgment therein docketed, requiring defendant as clerk of that court to issue an execution upon the judgment upon being tendered the fee provided by chapter 333, Laws 1903, or show cause to the contrary.

<p>Assumption of Risk.</p> <p>Action to recover damages on account of personal injuries sustained by reason of the alleged negligence of the defendant in failing to repair a loose tire on the wheel of a wagon which the plaintiff was required to use as the employee of the defendant. Held, that the finding of the jury upon the question of the assumption of the risks by the plaintiff is so manifestly against the great preponderance of the evidence that the trial court, in the exercise of a sound discretion, ought to have granted the defendant’s motion for a new trial.</p>

Action of ejectment in the district court for Hennepin county to recover possession of land occupied by the defendant for right of way and station grounds. Plaintiff’s right to recover was based upon an alleged breach of a condition subsequent in the deed of conveyance of the premises under which defendant claimed title. The case was tried before Brooks, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant appealed.

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

An instrument purporting to be the last will of James Brannan, deceased, having been admitted to probate by the probate court for Ramsey county over the objections of deceased’s mother and sole heir, Mary Ann Brannan, the latter appealed to the district court for that county. The case was tried before Bunn, J., who found in favor of proponent, and directed that the order of the probate court be affirmed. Rrom an order denying a motion for a new trial, contestant appealed.

<p>Violation of Ordinance.</p> <p>The defendant was convicted in the municipal court of the city of Minneapolis of a violation of an ordinance of the city requiring saloons to be kept closed on Sunday. Held, that the complaint stated facts sufficient to constitute an offense under the ordinance, and did not charge the defendant with a violation of any criminal statute of the state:</p> <p>Conflict Between Ordinance and Statute.</p> <p>The ordinance is authorized by the city charter, and is not void for the reason that in fixing the penalty for its violation the charter provisions were not followed. The statute (G. S. 1894, § 1999) requiring saloons to be kept closed on the Sabbath day did not revoke the authority given by the charter to pass the ordinance. Nor is it repugnant to the statute for the reason that it imposes a different penalty for its violation than the one prescribed by the statute for its violation. The ordinance is valid.</p> <p>Jurisdiction of Municipal Court.</p> <p>The municipal court of the city of Minneapolis has jurisdiction to hear and determine all criminal cases arising in or triable within the city where the punishment cannot exceed a fine of $100 or ninety days’ imprisonment.</p> <p>Trial by Jury.</p> <p>The provisions of the municipal court act, which confer jurisdiction upon such court to hear and dispose of in a summary way, without a jury trial, all eases brought before it for the violation of the ordinances of the city, do not violate tile constitution of this state, nor the ordinance of the Northwest territory, nor the constitution of the United States. The defendant was not entitled to a jury trial in this case.</p>

Action in the district court for Ramsey county to recover $1,000 upon a benefit certificate issued by defendant to Theodore Bunker, payable in case of his death to his heirs. The case was tried before Kelly, J., and a jury, which rendered a general verdict in favor of plaintiffs for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

Action in the municipal court of Minneapolis by plaintiff John Leininger, to recover from defendants Clarke National Bank, Francis H. Cobb, A. McDermid and A. D. Ellis $455 as for money had and received under an executory contract, the consideration for which had failed.

Writ of quo warranto issued from the supreme court on relation of the attorney general, to determine the right of respondents to act as the officers of the school district of South St. Paul.

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

The board of public works of the city of Duluth having levied an assessment upon abutting property to defray the cost of constructing a sewer, defendant Robert A. Davidson, owner of certain lots affected rthereby, appealed to the district court for St. Louis county. The case 'was tried before Cant, J., who found in favor of the city and directed ■judgment confirming the assessment. From a judgment entered pur•suant to the findings, defendant appealed.

Action in the district court for Stearns county to recover from defendants $50,000 paid by plaintiff upon an executory contract for the sale of land, which contract plaintiff elected to rescind on the ground that defendants had failed to tender a marketable record title. The case was tried before Baxter, J., who found in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Appeal by defendant as city comptroller of the city of Minneapolis from a judgment of the district court for Hennepin county entered pursuant to the order of Brooks, J., directing the issue of a peremptory writ of mandamus requiring defendant comptroller to sign and affix the seal of the city to certain bonds authorized for school purposes.

Action in the district court for Swift county to recover from.defendant $860 paid by plaintiff upon an executory contract for the sale of land, it being alleged that defendant had failed to tender a marketable title. The case was tried before Qvale, J., who directed a verdict in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the verdict, defendant appealed.

Petition to the district court for Itasca county by the Minnesota Canal & Power Company for the appointment of appraisers in proceedings to condemn certain lands and interests therein necessary for the purposes stated in the petition and which are set forth in the opinion.

Action in the district court for St. Eouis county to recover $1,000 upon a life insurance policy. The case was tried before Dibell, 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 Hennepin county by plaintiffs as partners as Farmers, Merchants, Mechanics Realty Co. to recover from defendant $5,000, the agreed commission for procuring a purchaser of real estate. ■ The case was tried before Brooks, J., who found in favor of plaintiffs for the sum demanded. From an order denying a motion to withdraw the answer on file and to substitute therefor an amended answer, and denying a motion for a new trial, defendant appealed.

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

Plaintiff, having obtained a judgment against defendants for $110.50 in the municipal court of Minneapolis, instituted garnishment proceedings therein against M. Blumenthal, who disclosed an indebtedness to defendants of $1,850, being the balance due on the purchase price of defendants’ homestead. Defendants testified on the disclosure that it was their intention to reinvest this purchase money in a new homestead within one year.

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

<p>Appeal by defendant from an order of the municipal court of St. Paul, Finehout, J., affirming a judgment of a justice of the peace.</p>

An instrument purporting to be the last will of Hans Pederson, deceased, having been admitted to probate by the probate court for Watonwan county over the objections of Mari Hansdatter Christofferson, natural daughter of the deceased, she appealed to the district court for that county. The case was tried before Lorin Cray, J., who found in favor of contestant, and directed that the order of the probate ■court be reversed.

Action in the district court for Ramsey county to recover $2,600 for personal injuries sustained by plaintiff as the result of fright caused by the acts of two of defendant’s servants while¡ trespassing upon the premises occupied as a homestead by plaintiff and her husband. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff for $80. From a judgment entered pursuant to the verdict, defendant appealed.

Appeal by defendants 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 plaintiff.

Action in the district court for Ramsey county by Leroy Stegner as administrator of the estate of Jasper T. Stegner, deceased, to recover from defendants $5,000 for the death of deceased. The case was tried before Brill, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From a judgment entered pursuant to the verdict, defendant railway company appealed.

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

Action in the district court for Ramsey county to recover $50,000 for personal injuries. The case was tried before Bunn, 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, defendants appealed.

Action in the district court for Polk county to recover from defendants William Anglim and C. D. Billings, as sureties upon an indemnity bond, the sum of $922.23. The case was brought on before Watts, J., who, during the trial thereof, granted a motion for judgment in favor of defendants upon the pleadings. Prom 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., discharging an order to show cause previously issued in summary proceedings under section 551, R. L. 1905.

Writ of certiorari, issued from the supreme court upon relation of the attorney general and the county attorney of Hennepin county, to review an order of the probate court for Hennepin county, Harvey, J., denying the petition of the county attorney of Hennepin county for an order fixing the value of the estate of John Martin, deceased, and the amount of tax with which said estate and the several devisees under the will of said deceased are chargeable.

Appeal by defendant from an order of the district court for Hennepin county, Elliott, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $356.50.

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

Action in the district court for Ramsey county to recover from the six defendant insurance companies on fire insurance policies issued by them respectively.

In an action in the district court for Wright county to recover $10,000 for breach of promise to marry, plaintiff recovered a verdict for $5,500. From an order, Giddings, J., denying a motion of the defendant for judgment in his favor notwithstanding the verdict, or for an order setting aside the verdict and granting a new trial, defendant appealed.

Appeal by defendants from an order of the municipal court of Minneapolis, Waite, J., denying a motion for a new trial, after a trial and findings in favor of plaintiff for $106.53.

Appeal by defendant from an order of the district court for St. Louis county, Dibell, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $3,750.