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COPYRIGHT 1914

BY

JULIUS A. SCHMAHL

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

PEOPLE OF SAID STATE

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JUSTICES

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

123 M.

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 Noteare 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)

1

CASES REPORTED

A

Page Berg, (Foster v.)

180 Bernard v. Doctor Nelson Co. 468

Page
American Surety Co. of New Bertram v. Bemidji Brewing
York, (Pulaski Hall Assn.

Co.

76 v.)

222 Board of Education of City Anderson, (Jenson v.) .... 199 of Duluth, (Fider v.) 514

Brown v. Gunderson

303 B

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

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

516 Omberson

285 Barnett v. Minneapolis & St. Louis R. Co.

153

С Barnett & Record Co. (Nilsson v.). 308 Carel v. Haedecke

435 Bartnes v. Pittsburgh Iron Carlin, (Johnson v.)

444 Ore Co.

131 Carpenter Robinson Co. Baskerville v. Bates

339
(Harbek v.)

389 Bates, (Baskerville v.) 339 Cedar Lake Ice Co. (Mason Bazille & Partridge, (Uggen v.)

401 97 C. E. Stevens Land Co. Beaton v. Great Northern (First State

Bank of Ry. Co. 178 Mountain Lake v.)

218 Bemidji Brewing Co. (Bert- Chicago & N. W. Ry. Co. ram v.)

76
(Burdick v.)

105

v.)

V

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