Volume 98 — Minnesota Reports

Action in the district court for St. L,ouis county to determine the adverse claims. of defendant to vacant and unoccupied land. The case was tried before Dibell, J., who found in favor of defendant. From a judgment entered pursuant to the findings, plaintiff appealed.

Appeal by relator from a judgment of the district court for Hennepin county, entered pursuant to the order of Frederick V. Brown, J., discharging an alternative writ of mandamus which directed respondent as mayor of Minneapolis to sign a contract made with relator by the city council.

<p>Action of unlawful detainer in the municipal court of Minneapolis to recover possession of premises alleged to be held over by defendants after the termination of their joint lease and failure to renew the same. The case was tried before Waite, J., and a jury, which rendered a verdict of not guilty. From a judgment entered pursuant to the verdict, plaintiff appealed.</p>

Appeal by defendant from a judgment of the district court for Winona county in favor of plaintiff for $143.98, entered pursuant to the findings and order of Snow, J.

Application to the district court for Red Rake county for a writ of mandamus commanding defendants, as the board of county commissioners for that county, to meet and act upon a petition for removal of the county seat. ' The case was heard before Watts, J., who granted a motion for judgment directing the issue of a peremptory writ as prayed. From the judgment, two members of the board, defendants Demann and Falardeau appealed as individuals.

Writ of habeas corpus issued from the supreme court upon the relation of Henry Holland, directed to respondent as sheriff of Ramsey county.

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

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 $1,328.80.

Appeal by defendant from an order of the district court for Nobles county, P. E. Brown, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiff for $376.

Appeal by plaintiff from a judgment of the district court for Ramsey county, entered pursuant to the findings and order of Jaggard, J. The -chief error assigned was the refusal of that court to remand the case to Hennepin county for trial.

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

Application to the supreme court by E. Southworth, as secretary of the state board of examiners in law for the disbarment of Benjamin G. Reynolds for professional misconduct.

Proceeding in the district court for Morrison county, upon relation of Samuel Trebby, for a writ of mandamus requiring defendant as mayor of the city of Little Falls to authenticate a city order for $250 drawn in relator’s favor. The case was tried before Baxter, J., who found in favor of relator. From a judgment entered pursuant to the findings, defendant appealed.

Action in the district court for Itasca county against defendants, Rat Portage Lumber Co. and Patrick A. Smith, to impress a trust for the benefit of plaintiff, to the extent of an undivided one-half interest therein, upon certain lands, the title to which was held by defendant Smith; plaintiffs alleging that the land had been purchased for the joint partnership account of plaintiffs and defendant company.

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.

Writ of certiorari issued from the supreme court upon the petition of Francis A. Krch and others, to review a judgment of the district court for Ramsey county, entered pursuant to the findings and order of Bunn, J.

Appeal by defendant from an order of the district court for St. Louis county, Ensign, Cant and Dibell, JJ., which reversed a judgment of the municipal court of Duluth dismissing the action.

Appeal by defendant from an order of the district court for Mille Raes county, Searle, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $2,900.

Appeal by defendant 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, after a trial and verdict in favor of plaintiff for $150.

Appeal by defendant from an order of the district court for Hennepin county, Brooks, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $427.94.

Action in the district court for L,e Sueur county to enjoin the maintenance by defendant of a drainage ditch by which surface water on defendant’s land was diverted to the land of plaintiff, and to recover $1,000 for injuries to plaintiff’s land caused by water so diverted. The case was tried before Cadwell, J., who made findings of fact and as conclusions of law found that plaintiff'was entitled to a permanent injunction and to $25 damages.

Action in the district court for Hennepin county to recover $15,-000 for alleged false and fraudulent representations upon the part of defendants whereby plaintiff was led to enter into a contract to purchase certain land, to his injury. A motion to dismiss as to all defendants save Blue Grass Land Company was granted. The case was tried before Simpson, J., who directed .a verdict in favor of defendant company.

Writ of certiorari issued from tb.e district court for Isanti county, upon relation of Charles G. Wickstrom and others, to review an order of the board of county commissioners of that county, establishing a drainage ditch pursuant to chapter 258, Laws 1901, as amended. From an order, Kingsley, J., granting a motion to dismiss the writ, relators appealed.

Action in the district court for Hennepin county to recover $5,000 for an assault by a servant of defendant upon plaintiff while the latter was attempting to board defendant’s street car. The case was tried before Simpson, J., and a jury, which rendered a verdict of one dollar in favor of plaintiff. From an order granting a motion for a new trial unless defendant should consent that the verdict be increased to $150, defendant appealed.

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

Writ of certiorari issued from, the supreme court upon relation of C. D. Tuthill and F. Frazier to review a judgment of the district court for Anoka county, Giddings, J.

Action in the district court for St. Louis county to recover $30,567 for personal injuries. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiff for $5,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

The city council of East Grand Forks, acting as a canvassing board, Slaving decided and declared James Jarvis to be elected to the office of alderman of that city, H. H. Bell, a qualified elector, appealed to the district court for Polk county in behalf of August Borchers, the rival candidate.

Action in the district court for Clay county to restrain defendant city from proceeding, under an alleged void amendment of the city charter, to construct any sidewalk or other improvement upon plaintiff’s propr erty. The case was tried before Baxter, J., who found in favor of defendant, denying an injunction, from which order plaintiff appealed.

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

Cross appeals by plaintiff and defendant from an order of the district court for Hennepin county, Holt, J., denying a motion for judgment in favor of defendant notwithstanding the verdict, and denying a motion for a new trial upon condition that plaintiff consent to a reduction of the verdict to $1,255, after a trial and verdict in favor of plaintiff for $1,575.

Action in the district court for Otter Tail county, originally in the form of ejectment but changed upon the trial to an action to foreclose an executory contract for the sale of land.

Action in the district court for Otter Tail county to recover $192' upon a written contract for goods sold and delivered. Upon the trial' before Baxter, J., judgment was ordered for plaintiffs upon the pleadings. From a judgment entered pursuant to such order, defendant appealed.

Appeal by plaintiff from an order of the district court for Otter Tail county, Baxter, J., denying a motion for a new trial, after a trial and findings in favor of defendant Gaar, Scott & Company.

Writ of certiorari issued from the supreme court upon relation of Fred B. Phillips, to review a judgment of the district court for Redwood county entered pursuant to the findings and order of Webber, J., whereby relator was adjudged guilty of contempt and sentenced to pay a fine of $350 or in default thereof to imprisonment for six months in the county jail.

<p>Appeal by defendant from an order of the municipal court of Minneapolis, Charles L. Smith, J.</p>

Action in the district court for Itasca county to recover from defendant as sheriff of that county $947.20 for the conversion of personal property claimed by plaintiff to be exempt, which property was seized and sold by defendant under an execution upon a judgment against plaintiff. The case was tried before Spooner, J., who found in favor of plaintiff for $265, after having submitted certain questions of fact to a jury.

Appeal by plaintiff from an order of the district court for Steele county, Buckham, J., granting a motion for a new trial, after a trial and verdict in favor of plaintiff for $230.16.

Appeal by plaintiff 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 defendant.

Action in the district court for Itasca county by plaintiff, as administrator de bonis non of the estate of James H. Caldwell, deceased, to recover from defendants, Frank H. Kratka as principal and Chase L. Dobner, Rasmus Oen and Hans Langsteth as sureties, the sum of $5,000 upon a bond given by defendant Kratka as general administrator of the estate. From orders, Spooner, J., sustaining separate demurrers to the complaint, plaintiff appealed.

Appeal by defendant from a judgment of the municipal court of St. Paul entered pursuant to the findings and order of Hiñe, J.

Appeal by defendant from an order of the district court for Hen-nepin county, Holt, J., overruling a demurrer to the complaint.

Action in the district court for St. Rouis county to recover $7,500 for personal injuries. Defendant King alone appeared and answered. The case was tried before Ensign, 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, or for a new trial, defendant King appealed.

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

<p>Appeal by defendant from an order of the municipal court of Minneapolis, Charles L,. Smith, J., denying a motion' for a new trial.</p>

Appeal by plaintiff from an order of the district court for Hennepin •county, Dickinson, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

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

Appeal by defendant from an order of the district court for Hen-nepin county, John Day Smith, J., denying a motion for a new trial, after a trial and conviction of the crime of grand larceny in the first degree. Upon petition of defendant an order was issued from the supreme court requiring the clerk of the district court to show cause why he should not file a copy of the settled case as a part of his return on the appeal, without payment of his fees therefor by defendant.

Action in the district court for Cook county to determine the adverse claims of defendants to certain vacant and unoccupied land. The case was tried before Dibell, J./ who made findings of fact and as conclusions of law found that defendants were the owners in fee simple of an undivided one half of the premises subject to plaintiff’s lien for taxes thereon paid by him.

Action in the district court for Ramsey county to recover $20,000 for personal injuries. The case was tried before Orr, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. From an order denying a motion for judgment notwithstanding the verdict, and granting a motion for a new trial, the parties severally appealed. Affirmed upon both appeals.

Action in the district court for Cook county to determine the adverse claims of defendants to certain vacant and unoccupied land. The case was tried before Dibell, J., who found in favor of plaintiffs. From an order denying motions to amend the findings and for a new trial, defendants appealed.

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

Appeal by defendant from a judgment of the district court for Steele county, Buckham, J., whereby defendant was convicted of the crime of selling intoxicating liquor without a license, and a sentence of fine and imprisonment imposed.

Action in the municipal court of Minneapolis to recover $120 and interest for rent in arrears upon a written lease. The action was tried before C. R. Smith, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Ramsey county to enforce and foreclose a mechanic’s lien for $1,305.68 upon a building of defendant ■company for the unpaid balance of the contract price of a steam-heating plant.

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

Action in the district court for Ramsey county by plaintiff, as receiver of Savings Bank of St. Paul, to determine the adverse claims of' defendants to certain vacant and unoccupied land: Defendant Urban Investment Company alone answered, claiming to be the owner in fee of the premises. The case was tried before Orr, J., who found in favor of plaintiff. From a judgment entered pursuant to the findings, defendant Urban Investment Company appealed.

Action in ejectment, originally brought by Albert Johnson, in the district court for Hennepin county. The case was tried before Simpson, J., who found in favor of plaintiff for the relief prayed, and -awarded $75 damages. Subsequent to the trial plaintiff died, and-Edna Dickerson was substituted in his place. From an order denying a motion for a new trial, defendant appealed.

Writ of certiorari issued from the supreme court, on relation of John B. 'Rossman, to review the proceedings of the common council of 'St. Paul relative to the vacation of a portion of a public street.

Action in the district court for Mower county against defendants, Gustav Schleuder, the owner, and Forest A. Schleuder, the tenant of a building, to recover $20,000 for personal injuries sustained by plaintiff through the collapse of a porch or platform constructed and attached to the building by the tenant in an alleged negligent manner. The case was tried before Kingsley, J., and a jury, which rendered a ' verdict in favor of plaintiff for $2,000.

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

Appeal by defendants 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 plaintiffs for $455.71.

Appeal by defendant from an order of the district court for Steele county, Buckham, J., denying a motion for a new trial, after a trial and findings in favor of plaintiff for a partition as prayed.

<p>Appeal by defendant from an order of the district court for Hen-nepin county, Simpson, J., denying a motion to set aside the verdict and for a new trial, after a trial and verdict in favor of plaintiff for $9,-923.20.</p>

Appeal by defendant from an order of the municipal court of Minneapolis, Waite, J., denying a motion for a new trial, after a trial and' conviction of the offense set forth in the opinion.

Appeal by defendants from a judgment of the municipal court of Mankato, entered pursuant to the findings and order of Comstock, J., in favor of plaintiff and against defendants for $88.30.

Action in the district court for Ramsey county to recover $1,850.48 upon a promissory note. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff 'for $1,300. From a judgment entered pursuant to the verdict, defendant appealed.

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

Appeal by plaintiff from an. order of the district court for Hennepin county, John Day Smith, J., denying a motion for a new trial, after a trial before Elliott, J., who found in favor of defendant.

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

Information filed in the supreme court by the attorney general for a writ of quo warranto to determine by what right respondent assumed to hold the office of special municipal judge in the city of Stillwater. To the answer of respondent the relator demurred. The opinion states the facts.

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

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

Action in replevin in the district court for Wilkin county to recover possession of a piano, or $225, the value thereof, in case possession could not be had. Defendant answered disclaiming any interest in the property. The Merchants State Bank of Breckenridge intervened, claiming a lien upon the piano for $68.74, and interest, under a chattel mortgage. The case was tried before Flaherty, J., who directed a verdict in favor of intervenor. .

Action in the district court for Ramsey county by plaintiff as administrator of the estate of Harry Jacobs, deceased, to recover $5,000 for the death of decedent. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff for $4,000. From an order denying a motion for a new trial, defendant appealed.

Action in the district court for Carlton county by plaintiff as administrator of the estate of Willie Mattson, deceased, plaintiff’s minor son, to recover $5,000 for -the death of decedent. The case was tried before Cant, J., and a jury, which rendered a verdict in favor of plaintiff for $2,519. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Winona county to recover $501.81 for the wrongful and malicious protest of a bank check drawn by plaintiff. The case was tried before Snow, J., who found in favor of plaintiff for $50. From a judgment entered pursuant to the findings,, defendants appealed.

Action in the district court for St. Louis county to recover $10,380 for personal injuries. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiff for $1,650. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Big Stone county to reform a contract for the sale of land and to cancel the contract so reformed. The • case was tried before Flaherty, ]., who found in favor of plaintiff. From an order denying a motion for a new trial, defendants appealed..

Action in the district court for Hennepin county against City of Minneapolis and Chicago Great Western Railway Co., to recover $20,000 for damages to plaintiff’s land occasioned by the vacation of • certain streets 'by the defendant city. The following diagram shows 'the location of the premises. From an order, Simpson, J., sustaining separate demurrers to the complaint interposed by defendants, plaintiff appealed.

Appeal by plaintiff 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 findings in favor of defendant.

In proceedings instituted by plaintiffs in the district court for Waton-wan county to wind up the affairs of defendant company and enforce for the benefit of creditors the statutory liability of its stockholders, claims were presented against the company by T. J. Mitchell and John McCarthy for $452.32 and by William D. Fanning for $2,000. Plaintiffs filed objections to these claims and the issue's thus raised were tried before Cadwell, J., who found in favor of claimants.

Action in the district court for Anoka county by plaintiff John Snow, 'to determine the adverse claims of defendants Orin Snow and Kate •Snow, his wife, to certain land in possession of plaintiff. Defendant Kate Snow alone appeared and answered, alleging title in her husband. The case was tried before Giddings, J., who found in favor of defendants. From an order granting a motion for a new trial, defendant Kate Snow appealed.

<p>Sale of Cream.</p> <p>The defendant was convicted of a violation of section 9, c. 155, p. 218,. Laws 1903, forbidding the sale of any cream that contains less than twenty per cent, of fat. Held:</p> <p>1. That the statute violates neither the constitution of this state nor the-fourteenth amendment of the constitution of the United States. State v. Crescent Creamery Co., 88 Minn. 284, followed.</p> <p>2. The fact that a manufacturer of condensed milk adopted as a trade-name, before the enactment of the statute, the term “Evaporated Cream” to designate his product, does not give him the right to sell such product as cream, evaporated or otherwise.</p> <p>S. The conviction of the defendant is sustained by the evidence.</p> <p>July 27, 1906.</p> <p>Criminal Appeal — Taxation of Costs.</p> <p>Neither costs nor disbursements can be taxed either for or against the state in the supreme court on appeal in a criminal case.</p>

Action in the municipal court of Minneapolis to recover $499 for personal injuries. The case was tried before Charles T. Smith, J., and a jury, which rendered a verdict in favor of plaintiff for $40. From an order denying a motion 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 Brill, J., and a jury,' which rendered a verdict in favor of plaintiff for $8,500. Prom an order denying a motion for judgment notwithstanding the verdict, but granting a motion for a new trial, defendants appealed.

Action in the district court for Hennepin county to enforce specific performance of a contract for the sale and conveyance of land. The case was tried before Dickinson, J., who granted a motion to dismiss the action on the close of plaintiffs testimony. From an order denying a motion for a new trial, plaintiff appealed.

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

Action in the district court for Stearns county to recover. $7,600 for personal injuries. The case was tried before Searle, 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.

Appeal by relator from a judgment of the district court for Hennepin county, Holt, J., dismissing proceedings - in mandamus brought to compel defendants to erect and maintain a bridge over their tracks in Minneapolis. It is admitted that the erection of the bridge in question is solely for the purpose of protection to human' life and property.

Appeal by plaintiff from an order of the district court for Ramsey county, Olin B. Lewis, J., denying a motion for a new trial.

Action in replevin in the district court for Ramsey county to recover a quantity of liquors or $574.83, the value thereof, in case recovery could not be had. The case was tried before Olin B. Lewis, J., and a jury, which rendered a verdict in favor of plaintiff. From an order granting a motion for a new trial, plaintiff appealed.

Action in the district court for Ramsey county to determine the adverse claims of defendants to certain vacant and unoccupied land. The case was tried before Brill, J., who made findings of fact, and as conclusions of law found that plaintiff was the equitable owner of the premises and that defendants had no interest therein. From an order denying a motion for a new trial, defendant Josias N. Rogers appealed.

Action in the district court for Hennepin county to cancel a promissory note and real-estate mortgage on the ground of usury. The case was tried before Frederick Y. Brown, J., who found in favor of defendant. From an order denying a motion for a new trial, plaintiffs appealed.

Action in the district court for Polk county by plaintiff as administrator of the estate of John Holmvik, deceased, to recover $2,000 for the death of intestate. The case was tried before Watts, 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, and from a judgment entered pursuant to the verdict, defendant appealed.

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

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

Appeal by plaintiff from a judgment of the district court for Hen-nepin county, entered pursuant to the findings and order of Holt, J.

Appeal by plaintiff from an order of the district court for Hennepin ■county, Frederick V. Brown, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

Action in the district court for St. Louis county to recover $300 for breach of contract. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiffs for the sum demanded. Erom an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Ramsey county to recover $1,041.08 for glass sold and delivered. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiffs for $496.00. Plaintiffs moved for judgment for the sum demanded notwithstanding the verdict, or for a new trial; defendant moved for judgment in favor of plaintiff for $350.16, notwithstanding the verdict.

Appeal by plaintiff from an order of the municipal court of Minneapolis, Waite, J., denying a motion to amend the findings of fact and conclusions of law.

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 $1,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Watonwan county to recover $800 upon a promissory note. The case was tried before Lorin Cray, J., and a jury, which rendered a verdict in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Goodhue-county, Williston, J., denying a motion for a new trial, after a trial and. conviction of the crime of murder in the first degree.

Alternative writ of mandamus issued from the district court for Ramsey county upon relation of M. W. Fitzgerald, requiring respondent as county treasurer to pay to relator the amount of a judgment recovered by him against the county, or show cause to the contrary. 'The case was tried before Brill, J., who found in favor of respondent, directing that the alternative writ be quashed and denying a peremptory writ.

Action in the district court for McLeod county to recover $2,300 upon a life insurance policy. The case was tried before Morrison, 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 and granting a new trial, defendant appealed.

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

Appeal by plaintiff from a judgment of the district court for Houston ■county, entered pursuant to the order of Kingsley, J.

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

Action in the district court for Hennepin county to recover $10,000 for personal injuries. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiff for $2,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendant C. W. Robinson from an order of the district court for Ramsey county, Bunn, J., overruling his separate demurrer to the complaint.

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

Action in the district court for Ramsey county to recover $20,000' for assault, consisting of an alleged unauthorized surgical operation-upon plaintiff’s left ear. The case was tried before Kelfy, J., and a-jury, which rendered a verdict in favor of plaintiff for $3,500. Defendant moved for judgment notwithstanding the verdict or for a. new trial. From an order granting the motion for judgment, plaintiff appealed.

Appeal by defendants from an order of the district court for Ramsey county, Hallam, J., denying a motion for judgment notwithstanding the verdict or for a new trial, after a trial and verdict in favor of plaintiffs for $6,575.67.

Action in the district court for Ramsey county to recover $20,000 for personal injuries sustained by plaintiff’s minor son. The case was tried before Kelly, J.., and a jury, which rendered a verdict in favor of plaintiff for $3,500. From an order denying a motion for judgment notwithstanding the verdict, defendant appealed.

Appeal by relator from an order of the district court for Ramsey ■county, Kelly, J., vacating a judgment previously entered in the pro■ceedings and permitting Margaret L,. Berryhill to appear and answer.

Action in the district court for St. Louis county to recover $10,000 for the alienation by defendant of the affections of plaintiff’s wife. The case was tried before Ensign, J., and a jury, which rendered a verdict in favor of plaintiff for $1,500. From a judgment entered pursuant to the verdict, defendant appealed.

Action in the district court for Ramsey county to recover $2,000 for personal injuries. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of plaintiff for $600. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Defendant was convicted in the district court for De Sueur county, Morrison, J., of the crime set forth in the opinion/and sentenced to confinement in the state prison for four years. From the judgment and from, an order denying a motion for a new trial, defendant appealed.

Appeal by defendant from an order of the district court for Polk county,.. Watts, J., denying a motion for new trial, after a trial and findings in favor-of plaintiff for $980.

Application to the supreme court by P. F. Gergen for a writ of mandamus requiring respondent, as judge of the district court for the Sixteenth judicial' district, to settle and sign a proposed case on an appeal from that court..

Appeal by defendant from an order of the district court for Hennepin county, John Day Smith, J., modifying a previous order for an inspection of certain account books and papers; and from an order, Holt, J., vacating a previous order for a stay of proceedings.

Appeal by defendant from an order of the municipal court of Minneapolis, Charles L. Smith, J., discharging an order to. show cause why the findings and order for judgment in favor of plaintiffs should not he vacated.

Alternative writ of mandamus issued from the district court for Ramsey county upon relation of Fred W. Gosewisch, requiring defendant as county auditor to issue to relator a warrant for the payment of his salary as clerk of the probate court for that county, in amount as provided by chapter 365, Laws 1903, or show cause to the contrary.

Appeal by plaintiff from an order of the district court for Yellow Medicine •county, Powers, J., denying a motion for a new trial, after a trial and verdict in favor of plaintiff for $400.

Appeal by defendant Mary Johnson from a judgment of the district court for Sibley county, entered pursuant to the findings and order of Morrison, J.

Appeal by defendant from a judgment of tbe municipal court of Minneapolis, entered pursuant to tbe findings and order of Waite, J.

Appeal by respondents from an order of the district court for Blue Earth county, Cray, J., directing the delivery of Blanche Ott to the custody of the relator, Sophia Ott.

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

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

Proceedings in the district court for Rice county upon relation of the City of Faribault for a writ of mandamus requiring defendant railroad company to reconstruct and maintain a viaduct over its tracks in that city. The case was tried before Buckham, J., who ordered that a permanent writ be issued. From an order denying a motion for a new trial, defendant appealed.

Appeal by defendant from an order of the municipal court of Mankato, Com- ■ -stock, J., denying a-motion for a new trial.

<p>Appeal by defendant from an order of the municipal court of Stillwater^ Doe, J., denying a motion for a new trial.</p>