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COPYRIGHT 1914

BY

JULIUS A. SCHMAHL

SECRETARY OF THE STATE OF MINNESOTA, IN TRUST FOR THE BENEFIT OF THE

PEOPLE OF SAID STATE

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JUSTICES

123 M.

OF

THE SUPREME COURT

OF MINNESOTA

DURING THE TIME OF THESE REPORTS

Hon. CALVIN L. BROWN, Chief Justice

Hon. GEORGE L. BUNN
Hon. PHILIP E. BROWN
Hon. ANDREW HOLT
Hon. OSCAR HALLAM

COMMISSIONERS

appointed under Laws 1913, p. 53, c. 62

Hon. MYRON D. TAYLOR

Hon. HOMER B. DIBELL

IRVING A. CASWELL, Esq., Clerk

ATTORNEY GENERAL

Hon. LYNDON A. SMITH

(iii)

NOTE

By R. L. 1905, § 85, the reporter is required to report all cases decided by the court.

Pursuant to R. L. 1905, § 74, the headnote in each case is prepared by the justice or commissioner writing the opinion, except where otherwise noted.

With a few exceptions the cases are reported in the order of their decision. The date of the decision follows the title of each case. The numbers given below the date indicate the number of the case in the files of the clerk of court and the number of the case in the general term calendar, the calendar numbers being enclosed in (). The cases reported on pages 1, 48 and 59 were argued at special terms of the court. The other cases preceding the case reported on page 178, and those reported on pages 191, 231, 453, 522, 523 and 526 are from the April, 1913, term calendar. The remaining cases are from the October, 1913, term calendar.

As required by R. L. 1905, § 85, when any Minnesota case has been printed in the periodical known as "The Northwestern Reporter," and is cited in any opinion in this volume, a reference to the book and page of that periodical where such case appears has been inserted in such opinion. A similar citation for each opinion in this volume has been given in a footnote.

In citations from the first twenty volumes of the Minnesota Reports the page of the original edition is given, preceded by the corresponding page of the edition by Chief Justice Gilfillan.

The footnotes in the present volume which are preceded by the word "Note" are inserted by the publisher pursuant to the terms of paragraph 4 of its contract dated May 8, 1909, with the Secretary of State.

123 M.

(iv)

CASES REPORTED

American Surety Co. of New
York, (Pulaski Hall Assn.
v.)
Anderson, (Jenson v.)

A

....

B

...

...

Omberson Barnett v. Minneapolis & St. Louis R. Co. Barnett & Record Co. (Nilsson v.) Bartnes v. Pittsburgh Iron

Ore Co. Baskerville v. Bates Bates, (Baskerville v.) Bazille & Partridge, (Uggen v.) Beaton v. Great Northern Ry. Co.

....

Bemidji Brewing Co. (Bertram v.)

222 .. 199

...

...

....

Burdick v. Chicago & N. W.
Ry. Co.

Backus v. City of Virginia.. 48 Butler Brothers, (Petterson
Bankers Reserve Life Co. v.

v.)

Page

....

285

153

178

76

Berg, (Foster v.)
Bernard v. Doctor Nelson Co. 468
Bertram v. Bemidji Brewing

Co.

V

Board of Education of City of Duluth, (Fider v.) Brown v. Gunderson

308 Carel v. Haedecke Carlin, (Johnson v.) 131 Carpenter Robinson 339 (Harbek v.) 339 Cedar Lake Ice Co. (Mason v.) 97 C. E. Stevens Land Co. (First State Bank of Mountain Lake v.) Chicago & N. W. Ry. Co. (Burdick v.)

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....

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...

Co.

...

Page 180

....

76

514

303

105

516

435

444

389

401

218

105

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