Volume 99 — Minnesota Reports

Action in the district court for Jackson county to recover $480 as broker’s commission on the sale of land. The case was tried before Quinn, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, plaintiff appealed.

Action in the district court for Morrison county to recover $7,534.71, salary for services rendered by plaintiff as president of defendant corporation. The case was tried before Searle, J., who granted a motion to dismiss the action upon the close of plaintiff’s testimony. From an order denying a motion for a new trial, plaintiff appealed.

Ovction in the district court for Steele county to recover $3,000 for personal injuries.^ The case was tried before Buckham, J., and a jury, which rendered a verdict in favor of defendants. From an order denying a motion for a new trial, plaintiff appealed.

Action in the district court for Clay county to determine the adverse •claims of defendants to land alleged to be in plaintiff’s possession. The case was tried before Baxter, J., who found in favor of plaintiff. From an order denying a motion for a new trial, defendant Christopher Burns appealed.

Action in the district court for Polk county to recover $200 for goods sold and delivered under a written contract. 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 judgment notwithstanding the verdict or for a new trial, plaintiffs appealed.

Action _in the district court for Stearns county to recover $30,000 for personal injuries.' The case was tried before Searle, J., and a jury, which rendered a verdict in favor of plaintiff for $8,500. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Ramsey county to determine the respective rights of the creditors of defendant Pennock Mercantile Company, a corporation, and A. O. Sather & Company, a partnership, to moneys realized from a sale of the assets of the corporation by plaintiffs as trustees.

Action in the district court for Freeborn county by. plaintiff as administrator of the estate of Edward McGillan, deceased, to recover $5,000 for the death of decedent. The action was tried before Kingsley, 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 or for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $5,000 for personal injuries. The case was tried before Simpson, J., and a jury, which rendered a verdict in favor of plaintiff for $2,200. 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 St. Louis county, Ensign, J., denying a motion for judgment notwithstanding the verdict or for a new trial.

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

Writ of habeas corpus issued from the district court for Hennepin county upon relation of Herbert E. Johnson and Jennie M. Johnson to obtain possession of Edith M. Johnson, formerly Edith M. Jones, a minor .child, alleged in the petition to be unlawfully in the custody of defendant Abbie E. Bryant. From a judgment entered pursuant to the findings and order of Dickinson, J., awarding the custody of the child to relators, defendant appealed.

<p>Defendant was indicted in the district court for Martin county, under section 6529, G. S. 1894, for the crime of abduction. A demurrer to the indictment was overruled by Quinn, J., who certified to the supreme court for its determination the questions set forth in the opinion.</p>

In proceedings in the district court for Hennepin county to enforce the payment of delinquent real estate taxes for the year 1903, defendants interposed an answer alleging that an assessment for street paving included in the amount charged against their property was void. From a judgment upon the pleadings entered in favor of the state pursuant to an order of Elliott, J., defendants appealed.

<p>Action on Foreign Judgment.</p> <p>The plaintiff was the owner of twenty five shares of full-paid stock of the defendant, and gave notice of withdrawal. The parties disagreed as to the amount the plaintiff was entitled to recover for his stock. He brought an action in a eourt of general jurisdiction of Rhode Island to recover the face value of his stock. The defendant, which was a going concern, answered, claiming the right to have deducted from the face value the amount of two assessments of ten per cent, each on the stock on account of losses sustained. Plaintiff recovered judgment for the full amount of his claim. The'judgment has been paid, less a sum equal to the amount of the assessments. This is an action on the judgment to recover the balance thereof. Held that, as between the parties hereto, the plaintiff is a judgment creditor and the trial court erred in permitting the defendant to show that it was insolvent when the plaintiff gave notice of withdrawal, and that its capital stock was impaired to such an extent that no greater proportion of the moneys contributed by stockholders can be returned to them than has already been paid to the plaintiff on his judgment.</p>

Action in the district court for Hennepin county to determine the adverse claims of defendants to certain land. The case was tried before Dickinson, J., who found that defendant Margaret M. Devlin was the owner of the land, subject to the lien of plaintiff for taxes paid and interest, amounting to $1,194.63. From an order denying a motion for a new trial, defendants appealed.

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

. Action -in the district court for St. Louis county to recover $1,999 for personal injuries. The case was triéd 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 appealed.

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

Action in the district court for Carlton county to recover $21,700 for personal injuries. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of plaintiff for $12,500. From an order denying a motion for judgment notwithstanding the verdict, and granting a motion for a new trial unless plaintiff consented to reduce the verdict to $8,500, defendant appealed.

Appeal by plaintiff from an order of the district court for Faribault county, Quinn, J., denying a motion for a new trial, after a trial and verdict in favor of defendant Sandy McDonald; the action having been dismissed by order of court as to defendant Boyle at the close of plaintiff’s testimony.

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

Action in the district court for Washington county to recover $25,-000 for the unlawful diversion of the sources of a spring of water located upon plaintiff’s premises. The case was tried before Williston, J., and a jury, which rendered a verdict in favor of plaintiff for $21,-717. From an order granting a motion for a new trial, plaintiff appealed.

Appeal by defendant from an order of the district court tor Martin county, Quinn, J., denying a motion for a new trial, after a trial and conviction of the crime of rape.

<p>Proceedings in the district court for Ramsey county .upon application by National Bond & Security Company to register the title to certain land. Defendant State of Minnesota answered setting up tax liens upon the premises. The case was tried before Orr, J., who found in favor of the- applicant. From a judgment entered pursuant to the findings, and from an order denying a motion for a new trial, defendant state appealed.</p>

Proceedings in the district court for Ramsey county upon application of Horace B. Gates, to register the title to land. Defendant State of Minnesota answered setting up a tax lien upon the premises. The case was tried before Orr, J., who found in favor of the applicant. From a judgment entered pursuant to the findings, and from an order denying a motion for a new trial, defendant state appealed.

Action in the district court for Anoka county by plaintiff as administratrix of the estate of John Gibbons, deceased, to recover $1,990 for the death of decedent. 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.

Application by William C. Thompson to the district court for Hennepin county for a writ of mandamus requiring defendant as county auditor to accept and file relator’s affidavit of candidacy for a public office without exacting the filing fee provided by section 184, R. T,. 1905. The case was tried before Dickinson, J., who denied the writ. From an order denying a motion for a new trial, relator appealed.

Separate appeals by plaintiff and defendant from an order of the district court for Freeborn county, Kingsley, J., denying a motion for judgment in favor of defendant notwithstanding the verdict and granting a motion for a new trial, after a trial and verdict in favor of plaintiff for $8,478.

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

Action in the district court for Ramsey county to recover $30,000 for personal injuries. The case was tried before Orr, 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 a judgment of the district court for'Swift county, entered pursuant’ to the findings and order of Powers, J.

Action in the district court for Freeborn county to recover $4,000 for personal injuries. The case was tried before Kingsley, J., and a jury, which rendered a verdict in favor of plaintiff for $800. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendants appealed.

Action in the district court for Norman county to recover from each, of the eleven defendants upon their several policies of tíre insurance-the proportionate share due from each. The case was tried beforeGrindeland, J., who found in favor of plaintiff and against defendants for the aggregate sum of $233.94. From a judgment entered, pursuant to the findings, both parties appealed.

Appeals by defendants John Carl and Josephine Carl, and intervenor, Clarence H. Deane, from an order of the district court for Hennepin county, Brooks, J., denying their separate motions to amend and make new findings of fact and strike out and add conclusions of law, or for a new trial. On September 37, 1897, Katherine Martin and Michael Martin made their promissory note, whereby they promised to pay to Casper Ernst, or order, $1,850, on September 37, 1900.

Appeal by defendant, Northwestern National Life Insurance Company, from an order of the district court for Hennepin county, John Day Smith, J., overruling a general demurrer to each of two causes of action stated in the complaint.

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

Action in the district court for Ramsey county to recover $1,137 for failure to transport a carload of strawberries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiffs for $500. From an order denying a motion for a new trial, defendant appealed.

Appeal by defendants from an order of the district court for Chippewa county, Qvale, J., denying a motion to set aside the verdict of guilty, and for a new trial.

Appeal by William O. Fryberger, as administrator of the estate of Jane Robbins, from an order of the district court for Hennepin county, Dickinson, J., denying a motion for a new trial.

Appeal by plaintiff from an order of the district court for Clay county, Baxter, J., denying a motion to set aside the findings of fact and conclusions of law, and for a new trial.

Appeal by defendant from an order of the district court for Pine county, Crosby, J., overruling the demurrers to the first and third causes of action stated in the complaint.

Case certified from the district court for Lyon county, Webber, J., for the determination of the questions enumerated in the opinion.

Action in the district court for Ramsey county to recover $100 for the killing of plaintiff’s dog. The case was tried before Hallam, J., and a jury, which rendered a verdict in favor of the plaintiff for $50. From an order denying a motion for a judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court for Goodhue county to recover $2,312.50' for destruction of plaintiff’s dwelling house and other injury to her premises. The case was tried before Wiiliston, J., and a jury, which rendered a verdict in favor of . the plaintiff for $1,925.50. From an order granting a motion to set aside and vacate the verdict and granting a new trial, the plaintiff appealed.

Appeal by both parties from an order of the district court for Hennepin county, Simpson, J., adjudging that the contestant, James T. Elwell, was duly elected as the nominee of the republican party for state senator from the thirty-ninth legislative district, and that his name be placed on the official ballot.

Appeals by defendant from orders of the district court for Pine county, Crosby, J., denying a motion to relieve the defendant from default and vacating and setting aside the order for judgment and denying a motion to vacate and set aside the decision and for a new trial.

Appeal by plaintiff from-an order of the municipal court of Still-water, Doe, J., denying a motion for a new trial. -Defendant’s motion to dismiss the appeal denied.

Action to recover possession of certain premises was begun in justice court, where the plaintiff had judgment. The defendant appealed to the municipal court of St. Paul, where the case was tried before Finehout, J., and a jury, which returned a verdict in favor of the plaintiff. From the judgment entered in' pursuance to the verdict, defendant appealed.

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

Appeal by defendant from an order of the district court for Pine-county, Crosby, J., denying a motion to set aside a judgment for $985.-87, entered in favor of plaintiff.

Appeal by defendant from an order of the district court for Hennepin county, Dickinson, J., denying its motion to vacate the findings and decision and to grant a new trial.

Action by David Tozer to recover $5,219.07, with interest, upon an employer’s liability insurance policy. After his death Fred Tozer and David Tozer, as administrators of his estate, were substituted as plaintiffs. The case was tried before Crosby, J., and a jury, which returned a verdict against the defendant for $5,777.15. 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 St. Louis county, Ensign, J., denying a motion for a new trial.

Action in the municipal court of Minneapolis to recover $289.15 for loss sustained in the transportation of a carload of apples. The case was tried before Waite, J., and a jury, which returned a verdict in favor of plaintiff for $224. From an order denying motions for judgment notwithstanding the verdict and for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $5,000 for personal injuries. The case was tried before Brooks, J., and a jury, which returned a verdict in favor of the plaintiff for $2,500. From an order denying a motion for a new trial on condition that plaintiff stipulate to accept a reduction of the verdict to $2,000, defendant appealed.

Appeal by defendants from an order of the district court for Ramsey county, Olin B. Lewis, J., overruling a demurrer to the complaint of the plaintiff, W. H. Williams, as receiver for the property of Gustave Kemper.

Appeal by defendant from an order of the municipal court of Minneapolis, C. I/. Smith, J., sustaining a demurrer to a portion of the amended answer.

Appeal by the plaintiff from an order of the district court for Hennepin county, Brooks, J., setting aside the service by publication of a summons.

In the matter of the election contest between Marcus Lauritsen and Virgil B. Seward for the nomination of senator. Upon the presentation of the affidavit of Marcus Lauritsen to one of the justices of the supreme court, an order issued requiring Virgil B. Seward and other persons named therein to show cause at a time stated why the relief prayed for in the affidavit should not be granted.

Appeal by defendant from an order of the district court for Mc-Teod county, Morrison, J., denying a motion for an order vacating and setting aside the verdict and for a new trial.

Action in the municipal court of Duluth to recover $110 for injuring- and killing domestic animals. The case was tried before Windom, J.,. and a jury, which returned a verdict in favor of the plaintiff for the amount stated. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed to-the district court for St. Louis county.

Action in the district court for Redwood county to recover alleged loans of $200 and $1,235. The case was tried before Webber, and a jury, which returned a verdict in favor of defendants. From an order denying a motion to vacate and set aside the verdict and to grant a new trial, plaintiff appealed.

<p>Appeal by defendant from a judgment of the municipal court of Duluth, entered pursuant to the findings of Windom, J.</p>

Action in the district court for Hennepin county by plaintiff, 0as administratrix of the estate of Eric Peterson, deceased, to recover $5000 for the death of decedent. The case was tried before Holt, Jv and a jury, which returned a verdict in favor of the plaintiff for the sum demanded. Prom an order, denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendants from an order of the district court for Renville county, Powers, J., granting a motion for a new trial and denying a motion for judgment notwithstanding the instructed verdict.

Appeal by plaintiff from a judgment of the district court for Scott county, entered pursuant to the findings and order of Morrison, J., dismissing an action to recover possession of certain land.

Action in the district court for Otter Tail County to recover $25,000 for alleged malpractice. The case was tried before Searle, J., and a jury, which returned a general verdict in f(avor of the plaintiff for $500. From a judgment entered pursuant to- an order granting a motion for judgment on special findings, notwithstanding the general verdict, plaintiff appealed.

<p>New Trial — Verdict.</p> <p>The memorándum attached to an order granting a new trial herein, construed and held, that it appears therefrom that the new trial was granted on the ground that the verdict was not justified by the evidence. Held, further, that the preponderance of the evidence is not manifestly in favor of the verdict.</p>

Action in the district court for Pipestone county to recover $10,-125 for personal injuries. The case was tried before P. E. Brown, J., and a jury, which returned a verdict in favor of the plaintiff for $5,095. From an order denying a motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed.

Action in the district court for Marshall county to recover $1,950 for the conversion of certain property. The case was tried before Grindeland, J., and a jury, which returned a verdict in favor of the plaintiff for $1,435.10. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

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

Appeal by defendants, Arne D. Moe and others, from an order of the district court for Beltrami County, Spooner, J., overruling the demurrers to the complaint.

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

Appeal by defendants from an order of the district court for Hubbard county, McClenahan, J., overruling their demurrer to the complaint.

Action in the district court for Hennepin county to recover $1,944.10, as commission for securing a purchaser for certain lands, and interest thereon. The case was tried before Holt, J., and a jury, which rendered a verdict in favor of plaintiff for $2,064.34. From an order denying a' motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed.

Appeal by contestant from an order of the district court for Clay county, Baxter, J., discharging the order to show cause and denying the relief sought.

<p>Action in the district court for Ramsey county to recover $15,222 for personal injuries. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of the plaintiff for $6,222. From an order denying a motion for judgment notwithstanding the verdict, or for a new trial, defendant appealed.</p> <p>The requested instruction made the basis of the thirteenth assignment of error was as follows: “If the jury find that the testimony of Emma Knoble is true, to the effect that feeding over the guard was done surreptitiously and without the knowledge of the defendant and would not have been done in his presence or in the presence of any other persons in authority, the verdict must be for the defendant.”</p>

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 verdict in favor of the plaintiff for $79.04.

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

Action in the district court for Hennepin county to recover possession of the strip of land described in the opinion. The case was tried before Brooks, J., who found in favor, of the plaintiff. From an order denying a motion to vacate the decision and for a new trial, defendant appealed.

Appeal by defendant Baremore from an order of the district court for Blue Earth county, Eorin Cray, J., overruling his demurrer to the complaint.

Action in the district court for St. Louis county to recover $20,350 for perspnal injuries. The case was tried before Dibell, J., and a jury, which rendered a verdict in favor of the plaintiff for $5,000. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by defendant from ah order of the district court for Sibley county, Morrison, J., granting a motion to strike the case from the calendar.

Action in the district court for Ramsey county to recover $3,050 for personal injuries. The case was tried before Hallam, J., and a jury, which rendered a verdict in favor of plaintiff for $288. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiff from a judgment of the municipal court of Minneapolis, entered pursuant to the order of Waite, J., dismissing the action.

Action in the district court for Ramsey county to recover $3,360 as commissions on the sale of land. The case was tried before Kelly, J., and a jury, which rendered a verdict in favor of plaintiff for $2,473.50. From an order denying a motion for judgment notwithstanding the verdict and denying a motion for a new trial, defendant appealed.

Action in the district court for Hennepin county to recover $1,613.-95, and interest, upon a judgment recovered by plaintiff against defendant in 1890 in an action upon a promissory note. The case was tried before Holt, J., and a jury, which returned a verdict in favor of plaintiff for $3,153.

Action in the district court for Winona county by the plaintiff, as administratrix of the estate of Sylvester A. Milton, deceased, to recover $5,000 for his death. The case was tried before Snow, J., and a jury which returned a verdict in favor of the plaintiff for $1,700. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Action in the district court of Hennepin county to recover $828.29 for a breach of contract. The case was tried before Dickinson, J., and a jury, which returned a verdict in favor of plaintiff for $415. From an order denying 'a motion for a new trial, defendant appealed.

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

Action in the district court for Jackson county to restrain defendants from trespassing upon plaintiff’s land. The case was tried before Eorin Cray, J., who found’ in favor of plaintiff. From orders denying motions to amend the findings of fact and conclusions of law and for a new trial, defendants appealed..

Appeal by the petitioners in the matter of drainage ditch No. 6, from an order of the district court for Nobles county, Quinn, J., ordering judgment for respondent, annulling an assessment and dismissing the proceeding.

Action in the district court for Rock county to recover $3,000 for a breach of a contract. The case was tried before P. E. Brown, J., and a jury, which returned a verdict in favor of the plaintiff for the sum demanded. Erom a judgment entered pursuant to the verdict, defendants appealed.

Appeal by Emma Yates from an order of the district court for Hennepin county, John Day Smith, J., denying her motion for a n'ew trial, after trial and conviction of the crime of arson.

Appeals by defendants from orders of the district court for Polk county, Watts, J., overruling their demurrers to the complaint.

Action in the district court for Itasca county for the partition of certain land. Lhe case was tried before Spooner, J.,' who found in favor of defendants. From an order denying a motion to amend the findings of fact and conclusion of law or to grant a new trial, plaintiff appealed.

Appeal by petitioner in the matter of the application for dissolution of the corporation known as the North American Coal & Mining Company from an order of the district court for Hennepin county, Dickinson, J., vacating and setting aside the proceedings. The petitioner, John F. Beyer, commenced proceedings in the district court for the dissolution of the North American Coal & Mining Company, a stock corporation organized under the laws of this state.

Appeal by plaintiff from a judgment entered pursuant to an order' of the district court for Yellow Medicine county, Powers, J., granting a motion for judgment on the pleadings.

Action in the district court for Anoka county to recover $1,600 for injuries to plaintiff’s land. . The case was tried before Giddings, J., and a jury, which rendered a verdict in favor of the plaintiff for $950. Defendant appealed from that part of an order which denied its motion for judgment notwithstanding the verdict, and plaintiff from that part which granted a new trial.

Defendant was convicted in the district court for Hennepin county of the crime set forth in the opinion, and appealed from an order of Fred V. Brown, J., denying a motion for a new trial.

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

<p>Priority of Record.</p> <p>Wolf v. Edmonston, supra, p. 241, 109 N. W. 233, followed as to the rule that when two mortgages on the same land, executed to different mortgagees, are filed for record at the same time by the common agent of the mortgagees, no instructions having been given, the priority of the liens is determined presumptively by the order in which the instruments are numbered by the register.</p> <p>Same — Mortgages.</p> <p>The fact that one mortgage is dated nineteen days prior to the other, and is for a greater amount, and the other covers an additional tract of land, does not conclusively prove that it was the intention of the agent to make the same a prior lien to the other mortgage, which was first recorded. The evidence is sufficient to sustain the finding of the court that the two mortgages in question were intended to be co-ordinate.</p> <p>Evidence.</p> <p>The facts that plaintiff’s mortgage was many years overdue, that no interest had been collected or payment made, and no steps ever taken to foreclose the same, do not conclusively controvert the testimony of the mortgagee to the effect that it had never been paid, and the evidene'e is sufficient to sustain the finding of the court that such mortgage was not paid.</p> <p>Dismissal of Action.</p> <p>It was not error for the court to dismiss the action, with plaintiff’s consent, as to defendants Burton.</p>

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

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

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

Action in the municipal court of Minneapolis to recover a commission of $462.50 in finding a purchaser for real estate. The case was tried before Waite, 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 Ramsey county, Ilallam, J., denying its motion for judgment notwithstanding the verdict of $9,016 for the plaintiff, or for a new trial.

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

Action in the district court for Wright county to recover $1,548.66 for failure to deliver certain goods. The case was tried before Giddings, J., and a jury, which rendered a verdict in favor of the plaintiff for the sum demanded. Prom an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

On the petition of Frank A. Day an order was issued from the supreme court requiring the respondents, Peter E. Hanson, as secretary of state, and John W. Johnson, to show cause why the prayer of the petition should not be granted and the secretary of state required to strike the name of John W. Johnson from the official ballot.

Appeal by the contestant from an order of the district court for Clay county, Baxter, J., discharging the order to show cause and denying the relief sought.

Action in the district court for Eamsey county to recover $7,250 for personal injuries. The case was tried before Bunn, J., and a jury, which returned a verdict in favor of the plaintiff for $2,400. From a judgment entered pursuant to the verdict, defendants appealed.

Action in the district court for Olmsted county to recover $250 as commission. The case was tried before Snow, J., and a jury which returned a verdict in favor of defendant. From an order denying a motion to set aside the verdict and for a new trial, plaintiffs appealed.

Appeal by defendants from an order of the district court for Polk county, Watts, J., denying a motion for a new trial and for leave to file amended answer.

Appeal by plaintiff from an order of the district court for Crow Wing county, McClenahan, J., sustaining a demurrer to the amended complaint.

Action in the district court for Norman county to recover $5,500 for breach of a contract. The case was tried before Grindeland, J., and a jury, which rendered a verdict in favor of the plaintiff for $725. Prom an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

Appeal by plaintiffs, as trustees in bankruptcy of the estate of Moses K. Armstrong, bankrupt, from an order of the district court for Watonwan county, Quinn, J., acting for the judge of the sixth judicial district, denying a motion to substitute De Witt C. Armstrong as the executor of the last will of defendant, Martha Armstrong, deceased, as defendant, and refusing to grant plaintiffs permission to amend the complaint and a new trial.

Appeal by defendant J. O. Peterson from a judgment of the municipal court of Minneapolis for the restitution of certain premises, entered pursuant to the findings and order of O. L. Smith, J.

Action in the district court for Ramsey county to recover $1,520 for injuties caused by trespassing upon plaintiff’s property. The case was tried before Bunn, J., and a jury, which rendered a verdict in favor of defendant. From an order denying a new trial, plaintiff appealed.

Action in the district court for Hennepin county against Jennie S. Randall and Jennie S. Randall, as administratrix of the estate of Reuben W. Randall, deceased, to recover $754.02 for alleged false representations as to a contract for the sale of real estate. The action was tried before Elliott, J., who found that defendants were entitled to rescission of the contract and recovery of possession.

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