COPYRIGHT, 1908, BY JULIUS A. SCHMAHL SECRETARY OF THE STATE OF MINNESOTA, IN TRUST FOR THE BENEFIT OF THE PEOPLE OF SAID STATE (104 M.) NOV 11 1908 NOTE By R. L. 1905, § 85, the reporter is required to report all cases decided in the court. By R. L. 1905, § 74, the headnote in each case is prepared by the judge writing the opinion. With 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 case on page 65 is from the April, 1907, term calendar; the cases on pages 1 to 57, 58 to 63, 76 to 84, 138 to 152, 198 to 226, and on page 523 are from the October, 1907, term calendar. The other cases, except that on pages 88 to 123, are from the April, 1908, 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 prepared by Chief Justice Gilfillan. Co. Ames, (Priebe v.).......... 419 Brach, (Morgan v.)......... 247 Anderson v. G. Heileman Brewing Co...... Anderson, (Gracz v.)........ 476 Anderson V. International Harvester Company America Anderson v. Smith..... of Brown v. Musser-Sauntry L. 463 L. & Mnfg. Co....... 156 Buckham, (Heinz v.)........ 389 49 Budds v. Frey..... 481 40 Budworth, (State v.)....... 257 Anderson v. Stewart........ 532 Burgraf v. Byrnes.. Anderson v. Town of San 343 Burkhardt, (McCaffery v.).. 340 320 Byrnes, (Burgraf v.)....... 343 165 307 C 333 65 Cameron Tobin Baking Co. v. |