Volume 110 — Iowa Reports

— Hon. H. M. Towner, Judge. Action to enjoin the defendant, William Zermuehlen and R. Weiss from maintaining a liquor nuisance on premises described. Defendants answered, justifying under what is commonly known as the “Mulct Law,” and, upon .trial had, judgment was entered dismissing’ the petition. The ¡state appeals.

— IIon, Henry Bank, Jr., Judge. - Action on a subscription to pay the indebtedness of plaintiff incurred in the erection of a church. From judgment on a verdict against the defendant, she appeals.—

— Hon. J. H. Appeegate, Judge. Action in equity, under section 3154 of the Code of 1873, to vacate a judgment and decree rendered, on notice by publication and default of appearance, against W. H. Ballard, quieting the title to certain lands in defendant as against said Ballard, and for a new trial.

— Hon. D. R. Hindman, Judge. Action in equity to recover sums alleged to be dufe the plaintiff for mining coal and other labor performed by himself and bis assignors, and for penalties, attorney’s fees, and costs, and to have established and-enforced against the land in which the mining was done, improvements thereon, and personal property used in operating the mine, a lien for the amount due, and for general equitable relief.

<p>.Appeal from Johnson District Oourt. — IIon. M. J. Wade, Judge.</p> <p>The defendant was convicted of the crime of rape, and from the judgment, which required that he be imprisoned in the state penitentiary at Anamosa at hard labor for the •term of two years, he appeals.</p>

.Appeal from Jackson District Court. — Hon. A. J. House, Judge. Action to set aside am order admitting an instrument ■to probate as the last will and testament of J. P. Koch. Upon hearing had on the issues joined, judgment wa.s rendered vacating said order,- and from this judgment the • defendant appeals

— Hon. H. M. Towner, Judge. Action at law to recover possession of specific personal property. Trial to the court. Judgment for defendants, and plaintiff appeals.

— Hon. W. IL Green, Judge. The defendant was convicted o-f breaking and entering-a planing mill, and from the judgment, which required that-he he imprisoned in tb state penitentiary at Ft. Madison,, at hard labor, for the term of ’ three years, he appeals..

<p>Appeal from Jasper District Qourt. — Hon. A. K. Dewey, Judge.</p> <p>The petition, in substance, alleged that in December, 1891, the board of directors of the defendant, on petition of certain residents on territory described, and situated within the limits of the plaintiff district, so to do, unanimously admitted such territory and made it a part of the defendant district, and that on presentation of the transcript of such proceedings it was endorsed as approved by the county superintendent of schools; that defendant, with said superintendent, has so detached said territory, and it has been assessed as part of the defendant district, and, unless restrained, the county treasurer will pay the taxes, when •collected, over to the treasurer of defendant; that the petition referecl to did not show that there were or are natural •obstacles of any kind preventing any scholar, residing within the territory described, from the enjoyment of reasonable facilities in attending school, nor did any such natural ■obstacle in fact exist; and the plaintiff prayed the action ■of the defendant’s board of directors and county superintendent be held for naught, and that the county treasurer pay the taxes collected over to the plaintiff. A temporary writ of injunction was granted, and 'afterwards a demurrer to the petition was sustained. The grounds thereof were, in substance, that the court was without jurisdiction, the remedy being by appeal to the state superintendent of public instruction, and application for- writ of injunction was not the proper remedy. As the plaintiff failed to further plead, the .petition was dismissed, and it appeals. —</p>

<p>4 Negligence. It is negligence for a railway company to maintain a stock chute in such close proximity to passing cars as to endanger the lives of brakemen in using the ladders on the side of the cars.</p> <p>5 ■Jury question Whether an employe, injured by striking a stock chute while on the ladder of a car in the discharge of his duty, knew of the danger incident to the chute, or, if he did know of it, whether, under the circumstances, he had the danger in mind, and ought to have avoided it, is for the jury, under proper instructions.</p> <p>1" Evidence. In an action against a railway company for the death of an employe, occasioned by a stock chute near the track, evidence as to the construction of stock chutes on other railways on which such employe had served is Incompetent where it is not shown that his employment on such railways was where the chutes were located or that he had any knowledge whatever of them.</p> <p>2 •Same. Evidence a.s to the construction of chutes on defendant’s road over which deceased was employed prior to the accident is competent as showing the deceased’s knowledge of the dangerous proximity of the chutes to the track.</p> <p>3 Privileged communications. Statements by an injured employe to a physician of a railway company, attending at the instance of the company to diagnose the case and to administer treatment, as to how the accident happened, are inadmissible in an action for the damages, over the objection that they are incompetent; being privileged communications.</p>

— Hon. P. B. Wolfe, Judge. This is an action in equity, in which 'plaintiff, as assignee of Gr. Haywood & Son, claimed of one Amos Brown,Louisa, his wife, and B. C. Brown the amount of a certain note made by the former for money furnished to pay for building a house for Amos Brown upon his property, and for money advanced at request of the debtors to pay a mortgage thereon, and asked that a special lien he established for the two last-named amounts on said property.

.Appeal from Appanoose District Court. — Frank W. Eioiielberg-er, Judge. Action at law to recover damages for injuries sustained Fy Phillip Swab, due to the fall of a part of a roof in defendant’s coal mine. After the case was tried in the court below, 'Swab died, and his administrator has been substituted as plaintiff.

— ILon. J. F. Clyde,Judge. Action in equity to have set aside an order approving a guardian’s report, and requiring the guardian to pay to his-ward a specified sum of money. There was a hearing on the-merits, and a decree for the plaintiffs. The defendants-appeal.

<p>Appeal from Woodbury District Court. — IIon. George W. Wakeeield, Judge.</p> <p>From judgment entered against the American Surety Company, as surety on the bond of Harry S. Hubbard, as-treasurer of the plaintiff, it appeals.</p>

— FIon. Fred O’Donnell, Judge. Action at law to recover for alleged breach, of contract and for deceit. There was a trial by jury, and a verdict for the plaintiffs. A motion of the defendant for a new trial was sustained, and the plaintiffs appeal.

<p>Appeal from Union District Court. — Hon. H. M. Towner, J udge.</p> <p>Action on policy of insurance. The defendant appeals from judgment on verdict for the plaintiff.</p>

Appeal ftom MahasTea District Court. — Hon. D. Ryan, Judge. Action for damages in three counts. In the first count it is charged that, by duress and threats, defendants wrongfully extorted from plaintiff the sum of one thousand dollars.

— Hon. J. H. Apple-gate, Judge. Action at law to recover of defendants, as directors of a corporation known as the Pitzer Creamery Company, the amount of a judgment held by plaintiffs against said corporation. There was a trial to the court, resulting in a judgment for defendants, and plaintiff appeals.

— Hon. S. j\'I. Weaver, Judge. Action to recover the possession of certain promissory motes, or, in ease they cannot be delivered, to recover their value, and for other relief. A demurrer to the petition was sustained. The plaintiff refused to plead further. Judgment was rendered against her for costs, and she appeals.—

— How. J. L. Husted, Judge. 1 Richard Paisley, by his will, bequeathed to plaintiff, his daughter, the sum of five thousand one hundred dollars, and to each of three sons the sum of three thousand one hundred dollars.

— Hon. F. R. Gay-nor, Judge. Action in equity to- compel the conveyance to the plaintiff of the title to real estate, and for other equitable relief. There was a hearing on the merits, and a decree for the plaintiff. The defendant appeals.

-Appeal from Wapello District Court.• — Hon. M. A. Roberts, Judge. Swanson & Emanuelson began business in the Hub Clothing Store, at Ottumwa, Iowa, April 3, 1895, having procured, credit' through the execution of a contract with Clement, Bane & Co., March 14th previous.

— Hon. B. 3?. Birdsall, Judge. Action on a promissory note of sixty dollars, with interest at the rate of 10 per cent, per annum, executed by the defendant to R. B. Lowery, March 4, 1886, and payable on or before January 1, 1887. It was assigned to James W. Black in 1887, who became insane April 1, 1896. The plaintiff was appointed his guardian June 8, 1897, and began this action November 3, 1897.

'Appeal from Woodbury District Court. — Hon. William Hutchinson, Judge. Action at law to recover the value of personal property received by the defendant, and for damages for failure to perform the requirements of a certain lease. There was a trial by jury, and judgment for the plaintiff. The defendant appeals.-

'Appeal from Buena Visia District Court. — Hon. Lot’ Thomas, Judge. Action ' in equity for an accounting and for specific-performance of a contract to. convey real estate. From a. decree in plaintiff’s favor, defendant appeals.

— Host. W. B. Quarton, Judge. „ Action in equity for an accounting, for tbe application of money alleg’ed to be in the hands of the defendant to the redemption of real property from sheriff’s sale, and for a reconveyance of the property to the plaintiff. From an order sustaining a motion of the plaintiff to strike portions of the .-answer, the defendant appeals.

— Hon. S. M. Weaver, Judge. Action at law tor recover the value of specific personal property alleged to have been wrongfully taken by ther defendant under a writ of attachment issued against the-property of J. J. McGrath. There was a trial by the court without a jury, and a judgment for plaintiff for the amount of his claim. The defendant appeals.

— Hon. George W.. Wakefield, Judge. Action at law to recover an amount alleged to be due-as rent. There was a trial by jury, a verdict for the defendants, and a judgment in their favor for costs. The' plaintiff appeals.

— 1-Ion. M. J. Wade,. Judge. The defendants are stockholders in a corporation known-as the “Farmers’ Co-Operative Creamery Association of Millersburg, Iowa.” Plaintiffs hold a judgment against the corporation, and bring this action against the stockholders to recover the balance due on their judgment, after exhausting all property of the corporation, — alleging that while tho corporation was organized on the twenty-sixth of April, 1893, it did not publish notice of…

Appeal .from Keokuk District Gourt. — Hon. Ben McCoy,. , Judge. Suit in. equity to establish a lien, on certain property the title to which is in defendant Williams, and to declare the lien of plaintiff’s judgment prior and superior to- the mortgage lien of defendant Follman. ' There was a decree for plaintiff, and defendants appeal.

— IíoN. J. L. Nested. Judge. Suit to set aside certain transfers of stock in a corporation known as the Dubuque Specialty Machine Works, and to recover of defendant Lee, for the benefit of the stockholders in said corporation, the sum of two thousand dollars, alleged to have been wrongfully appropriated by him while .acting as treasurer o'f the corporation. There was a trial to the court, resulting in a decree dismissing the plaintiffs’ petition, and they appeal.

— Hon. T. M. Fee, Judge. Action to recover for intoxicating liquors sold. The defense is that the contract of purchase was invalid; that defendant was engaged in selling liquor in violation of the laws of Iowa; and that plaintiff, who was a wholesale dealer at Peoria, 111., sold the liquors in question with knowledge of defendant’s business, and to enable him to violate such laws. Defendant also, by counterclaim, seeks to recover money paid on account of such purchase.

— Hon. D. R. Hindman, Judge. Action ior 'damages occasioned by breathing bad air in a coal mine. From judgment on verdict against defend- '■ ant, it appeals.

— Hon. Charles A. Bishop, Judge. August 3, 1897, the city of Des Moines entered into 'two separate contracts, — one with the McCaskey & Holcomb Company, for the construction of an electric light plant, to be owned by the city, and for its operation by the company for the term of two years; the other with the trustees of what is known as the “S’bley Estate,” for the purchase of several lots on which to erect the electric light plant.

<p>Constitutional Law: • municipal debt: Refunding bonds. Where municipal warrants were issued for the ordinary, necessary, and current expenses, which, together with other like expense were within the limit of the current revenue and such special taxes as the municipality might legally and in good faith have intended to levy therefor, the issuance of bonds for the funding thereof is not within Constitution, Article 11, section 3, which prohibits municipal corporations becoming indebted to an amount exceeding five per cent, of the value of the taxable property within such corporations, since such bonds would not .increase the indebtedness of the city.</p>

<p>Appeal from Dallas District Court. — Hon. ¿James D. Gamble, Judge.</p> <p>Dependan t was indicted for the crime of adultery. Tram a judgment of conviction, he appeals.</p>

'Appeal from Dubuque District Qourt. — Hon. Fres» G’Donnel, Judge. Plaintiff, Fred Slaats, Jr., a minor, brings this action, by his next friend, to recover damages for personal injuries sustained by him by reason, as is alleged, of certain .acts of negligence on the part of the defendant’s employes, and without fault or negligence on his part. The defendant answered, denying that it was negligent as charged, and alleging negligence on the part of the plaintiff.

<p>1 Amendment: limitations of actions: Mistake. A contract providing for payments at stated times also limited the period during which defaulted installments might be collected by suit. A petition filed for that purpose, through mistake, declared upon installments for which there was no right to sue. Later an amendment was filed which simply corrected the dates of the installments sued for. An original action for these was barred by the contract when the amendment was filed. The petition as amended stated but one cause of action and, to the knowledge of both parties, declared upon the only thing which was actionable when the original was filed. Held, action upon the cause as amended was not barred by the' contract.</p> <p>2 Amendment statute: Construction. The provisions of Code, section 3600, which permit amendments in furtherance of justice to correct mistakes in the name of a party “or a mistake in any other respect” cover mistakes in describing dates of payment sued for, and the clause which limits amendments to such as make no substantial change, bas reference only to amendments made to conform plea to proof.</p>

<p>Appeal from Winneshiek District Go-urt.- — IIon. A. N. Hob-son, Judge.</p> <p>Tiie defendants appeal from a decree enjoining them from maintaining a liquor nuisance.</p>

<p>1 Habitual Criminal: indictment. Acts Twenty-seventh General Assembly,, chapter 109, makes it an indictable offense for one over 18 to be convicted of petit larceny a fourth time. It is not provided that the petit larceny laid in the indictment shall be one committed after three prior convictions. Other statutes, part of the same chapter, dealing with other offenses, expressly require a stated number of convictions. Held, whatever the rule might be after proofs are adduced, an indictment returned July 14, 1899, based on a larceny committed in May of 1898 and referring to three other convictions later íd 1898 sufficiently charges the crime dealt with by said chapter 109, Twenty-seventh General Assembly. While all^three must antedate the finding of the indictment, it is not necessary that the offense charged as a fourth should be the most recent.</p> <p>2 When Time is Essential: ex post facto law: Indictment. Code, section 5285, provides that the precise time at which an offense was committed need not be stated in the indictment, except where time is a material ingredient of the offense. Acts Twenty-seventh General Assembly, chapter 109, was approved March 31,1898, but did not take effect until July 4th of that year. It provides that any person who has been three times before convicted of larceny of property not exceeding $20 in value shall, on a fourth conviction, be punished by imprisonment in the penitentiary. Prior to the act the offense of petit larceny was triable only on information before a justice. Held that, since the act cannot operate ex .post facto, the time of the commission of the offense is an essential ingredient thereof, and the district court has no jurisdiction of an indictment charging an offense thereunder committed prior to the time when the act went into effect.</p>

— IIon. William Hutchinson, Judge. Action in replevin to recover certain household goods. Plaintiff claims to have acquired title by purchase from one Boltz. Judgment was rendered in plaintiff’s favor, and. defendants appeal.

— Hon. M.- J. Wade, Judge. ■ Action on a policy of accident insurance, to recover indemnity for a total disability. The action was in equity, asking an order on the officers to pay the amount claimed out of any funds on hand, and in case .of a deficiency to levy an assessment for the balance due, and for general equitable relief.

<p>1 Practice: change op forum: Law Mid equity. Assuming that ■plaintiff’s testimony discloses a partnership transaction, the error in -trial of the issues in a law forum is waived by failure to object, under Code, section 3437, providing that an error as to kind of proceedings is waived by a failure to move for a correction, though the defendant moved the court to dismiss when plaintiff had rested; Code, section 3432, prohibiting dismissal for such cause.</p> <p>2 ■Objections: Incompetency and best evidence. Where a witness in his deposition gave the contents of a written contract and certain fetters in answer to interrogatories, such evidence, though secondary, will not be excluded on the objection of incompetency.</p> <p>2 To depositions: What may be urged in trial. Under Code, section 4712, requiring all exceptions to depositions, other than for incompetency, irrelevancy or immateriality to be filed with the clerk before trial, an objection made at the trial that the statement of a witness in his deposition is “purely voluntary and not responsive” will be disregarded.</p> <p>3 ■Cross-examination latitude: Discretion. The range of cross-examination concerning the relation of a witness to a party is largely within the sound discretion of the trial court.</p>

<p>¡Lien Priority: laborer’s and mechanic’s. Under Acts Twenty-third General Assembly, chapter 48, providing that, when the property of any firm or corporation shall be seized under process or put in the hands of a receiver, debts owing to the laborer’s ' "shall be considered and treated as preferred, and shall be paid first, ” labor claimants, who have performed labor for a corporation the property of which has been transferred to a receiver, are entitled to a preference over the holders of mechanic’s liens filed against the same property before the corporation acquired it.</p>

<p>bellow Servants. A foreman was directing plaintiff, an employe, in. the moving of a column and told plaintiff to let go of it, and do something else, himself taking plaintiff’s place. As plaintiff turned to leave, the column rolled and struck him. Held that, as to the particular act causing plaintiff’s injury, the foreman was a fellow servant, and hence plaintiff could not recover from the master for the foreman’s negligence.</p>

<p>lAppeal from Woodbury District Court. — Hon. John IT. Oliver, Judge.</p> <p>Action at law to charge the defendant as indorser of -£l check drawn to his order by the Northern Building Company on the Citizens’ Bank, South Sioux City, Nebraska, .•and which was not paid by said bank on presentation. The ■defendant pleads that the reason for nonpayment was “that plaintiffs had negligently retained said check for several -days, and failed to present the same to the bank on which it was drawn within a reasonable time after it ivas delivered do them.” In an amendment to his answer, the defendant :alleg'es “that if said check was presented for payment, and payment refused, as alleged in plaintiff’s petition, the said •check was not protested as required by law, nor was this •defendant given notice in the proper manner, and within ■the proper time, of the dishonor 'of 'said check.” The case was tried to the court, and judgment rendered in favor* of the plaintiffs for the amount of the check and interest. The •defendant appeals.</p>

<p>'Appeal from Sioux District Court. — Hon. F. E-. Gaynor, Judge.</p> <p>Suit in equity to foreclose a mortgage and to cancel certain shares of stock held by the defendants in the plain-» tiff association.- Defense, usury. Deere© for plaintiff, and defendants appeal.</p>

<p>'Appeal from Wapello District Court. — Hon. T. M. Fee;. Judge.</p> <p>The plaintiff prayed for a divorce on the ground that defendant had committed adultery, The defendant based her prayer for like relief on the charge of adultery, cruelty,, and habitual drunkenness. The petition was dismissed, and,, on the cross petition, a decree entered as prayed, on the-finding that plaintiff had, since marriage, become an habitual drunkard. He appeals.</p>

<p>'Appeal from Guthrie District Court. — Hon. James D. Gamble, Judge.</p> <p>Action to recover for personal injuries, caused by a fall on a defective sidewalk. From a verdict and judgment in plaintiff’s favor, defendant appeals.</p>

<p>Appeal from Hamilton District Court. — Hon. B. P. Birdsai.d. Judge.</p> <p>Action to recover compensation for the keep and care •of live stock; and for services rendered at defendants' •instance and request. Trial to a jury, verdict and judgment for plaintiff, and defendants appeal.</p>

<p>'Appeal from Louisa District Court. — Hon. .W. S. With-row, Judge.</p> <p>Action to recover for conversion of a stock of millinery goods. From a judgment in plaintiffs’ favor, defendants appeal.</p>

<p>Appeal from Pollc District Court. — IIon. (A P. Holmes, J" udge.</p> <p>Action on certificate of insurance. The plaintiff appeals from judgment dismissing His petition.</p>

Henry Bank, Judge. Action at law on promissory notes signed, “Jas. Hickey, [Receiver.” Defendant admitted signing tbe notes, but pleaded that he executed them as receiver’, with the knowledge of plaintiff.

Harrison District Court. — IIon. F. H., Gay-nob, Judge. Action for double damages for a cow killed by a train of cars at a place on defendant’s railway where it had a right to fence. There was a trial to jury. After plaintiff’s evidence was in, a verdict was returned,' by direction of the court, in defendant’s favor. From the judgment rendered thereon, plaintiff appeals.-

'Appeal from Linn District Gourt. — Hon. Widdiam G. Thompson, Judge. Action for the purchase price of a self-binder. The defense was. that the machine' was returned in strict compliance with the terms of the contract. The trial resulted in a judgment against the plaintiff for costs, from which it appeals.

Appeal, from Pottawattamie District Court. — IIon. A. B. . Thornell, Judge.

— ITon. Á. N. Hobson, Judge. January 30, 1895, Thomas Russell brought this action for a -decree allowing him to redeem certain land sold on.a foreclosure decree against him, after the time allowed for such redemption, by virtue of an alleged contract between-him and the defendant Finn.

— Hon. D.- Hyan, Judge.. Action to compel the defendants and their successor® in office to certify forthwith the amount of a tax voted for school-house purposes. The district court dismissed the plaintiff’s petition, and he appeals.

'Appeal from Ida District Court. — Hon. S. M. Elwood, Judge. This is tbe third appeal in this case. See 90 Iowa, 217, and 99 Iowa, 226. This action is for judgment against •O. -W; Rollins & Co., and the other defendants named as members of said co-partnership, for the balance due upon n. promissory note executed in the name of said firm by C. W. Rollins, its manager, for money borrowed and used in the firm’s business.

'Appeal from Hardin District Court. — Hon. B. P. Birdsall, . Judge. Action to recover damages for the breach of a contract of employment. Prom a judgment in plaintiff’s favor, defendant appeals. — Affirmed.

— Don. W. B. Quarton, Judge. Action upon'a promissory note due “on or before the first day of November, 1886,” payable to the order of the plaintiff “at his office in Algona, Iowa.” The defendant answered, pleading the statute of limitations.' The case was tried to the court, and judgment rendered against the plaintiff, from which he appeals.

Court. — Hon. Obed Caswell, Judge. This is a certiorari proceeding against defendants, who constitute the board of township trustees, to test the validity of their acts, as fence viewers, in ordering built a certain fence, and assessing the cost thereof against plaintiff. The district court confirmed the acts of the trustees, and taxed the costs of this proceeding to plaintiff. Hie appeals.—

— Hon. Henry Bank,. J udge. Application by George E. Kix, administrator of the above-entitled estate, for an order directing liim as to. his duty in regard to paying an inheritance tax upon certain personal property belonging to tlie estate. From an order bolding that tbe administrator was not required to pay the tax the state appeals.

- — Hon. H. J\L Remley,. J udge. Ti-ie plaintiff is owner of lots 14 and 15, in block. 10, Brown’s Second addition to thei City of Cedar Rapids, located on Fifth street and E avenue, wherein is what is. known as the “Vinton Ditch.” She bases her claim for damages on the charge -that the defendant, by turning surface water and drainage into said ditch, and permitting the' street to become so obstructed as to turn the water, caused a large portion of said lots to be destroyed…

- — Hon. J. H. Whitaker, Judge. Indictment for using false weights. There was a trial to jury, and verdict of guilty. From a judgment rendered! thereon, defendants appeal.

— Hon. M. J. Wade, Judge. Sarah E. Hansom died testate January 9, 1897, leaving a will bequeathing the sum of five thousand eight hundred and seventy-four dollars ‘ in value to collateral heirs, and eight thousand dollars to her grandsons.

— Hon. N. W. Macy, Judge.. This action was commenced against A. P. Falk, Calvin Pcese, and D. J. Hutebinson, 'defendants, to recover damages for alleged false and fraudulent representations concerning the title, kind, and quality of certain land which the plaintiff was induced, by said representations, to take and pay for. ' Plaintiff alleges that the defendants, acting together, by arrangement preconcerted between them, made said false representations to induce plaintiff to…

'Appeal from Wright District Court. — Hon. B. P. Birdsall, Judge. Action at law to recover damages for injuries sustained by plaintiff in being thrown from a county bridge. Trial to a jury, verdict and -judgment for plaintiff, and defendant appeals.

— Hon. S. M. Elwood, Judge. John Coulter operated a saloon, in which, intoxicating liquors were sold, on lot 1, in block 4, in the town of West Side, from July 19,-1894, to October 1st of the same year, in pursuance of the provisions of the mulct law. This lot was duly assessed, and the tax levied.

- — -Hon. A.. K Ti-iornell, Judge. Action at law to recover for the conversion of a lot of household goods.

S. AE. Elwood, Judge. Action at law to recover commissions as a real-estate 'broker. Defendant answered, joining certain issues, and, at -the close of the evidence on behalf of the plaintiff, the -defendant’s motion for a verdict was sustained, and verdict and judgment rendered accordingly in favor of the defendant. Plaintiff appeals.-

—Hon. W. A. Spurrier, Judge. Action at law on written orders on the defendant issued by J. M. Bowman and Coon Bros., and by them assigned to plaintiff. It is alleged that defendant accepted the orders, paid a part thereof, and agreed to pay the balance in a few days, but that he failed and neglected to do so'. Defendants answered, denying that it was indebted to Bowman or Coon Bros., and pleaded some other matters that will be hereinafter referred to.

‘Appeal from Cedar District Court. — Hon. M. J. Wade, Judge. Action to -recover upon a policy of insurance against loss by fire. The defenses relied upon are that the policy had been suspended before the loss, for nonpayment of the-premium, and that the policy was rendered void by the execution of chattel mortgages upon personal property covered by the policy, without the knowledge or consent of the defendant. At the close of all the testimony each party moved fora verdict.

— IIon. T. M. Fee,. Judge. The petition averred that on June 22, 1892, damages resulting from the appropriation of the right of way across-plaintiff’s land by the defendant were -assessed a.t three hundred and seventy-five dollars, and the latter thereupon took, possession; that on appeal to the district court said damages were fixed at one thousand and fourteen dollars, and the proceedings approved here (102 Iowa, 7) ; that the defendant had’ satisfied all said damages,…

— I-Ion. B, P. Birdsall, Judge. Action on two certain promissory notes made by one .Arthur 'Whinery, the payment of which was guaranteed by • defendant, firm. The various defenses will be found set out in the opinion. There was a trial to the court, and from a judgment'in plaintiff’s favor defendants appeal.

'Appeal from Woodbury District Gourt. — Hon. F. R. Gay-nor, Judge. Action at law to recover rent reserved in a lease of a packing-house plant in the city of Sioux City, and for an injunction restraining the defendant from removing certain personal property used by it upon the premises. Th.e defendant interposed various defenses, some of which will be referred to in the body of the opinion.

'Appeal from Polk District Court. This is a certiorari proceeding founded upon an application for an order on one Lorenz 111 to show, cause why he should not be punished for contempt in violating an injunction against a liquor nuisance.

— Hon. T. M. Pee, Judge. Action for conversión of personal property. There was a trial to the court without a jury, and a judgment dismissing the plaintiff’s petition. Plaintiff appeals.

<p>1 (Insurance: waiver of proof of loss. A stipulation in a contract of insurance that no officer, agent, etc., of the company shall have power to waive any provisions thereof, unless such waiver shall be written upon or attached to the_policy and approved by the secretary, does not prohibit the secretary of such company from otherwise waiving the conditions requiring the insured to furnish proofs of loss.</p> <p>:2 ¡Same. Defendant’s secretary wrote plaintiff that as soon as the proofs of plaintiff’s loss on its' property, which were to be made out by another company, liable on a concurrent policy, were ready, he would make out proofs, and send them direct to plaintiff to be signed. Later he requested from plaintiff a statement showing the items, values, etc., as adjusted by certain other companies, liable on concurrent insurance, etc., from which he might be able to make up plaintiff’s proof of loss, which statement plaintiff promptly furnished. A subsequent letter from such secretary, in effect, denied liability on the part of his company. Ho evidence was introduced showing withdrawal of such promise to make proof of loss for plaintiff. . Held, that this showed a waiver on defendant’s part of the condition requiring plaintiff to furnish proofs of loss.</p> <p>3 •■“Concurrent insurance” defined. In a policy permitting “concurrent insurance” the term includes policies running with that of defendant and sharing its risk, and includes those covering not only a part of defendant’s risk, but all of it and more.</p>

<p>Appeal from Wright District Gourt. — Hon. B. P. Birdsall, • Judge.</p> <p>Action to recover upon a policy of insurance against loss or damage to certain growing crops by bail. Plaintiff alleges that on tbe third day of July, 1897, said crops were damaged by bail to tbe extent of one thousand three hundred dollars; that be was then tbe owner thereof; that he gave defendant notice in writing of the loss, “and, when said damaged crops were harvested, plaintiff gave the defendant a true account of the grain, hay, and seed grown upon the land covered by said policy of insurance; said statement being certified by two disinterested witnesses, and the same being under oath, as required .by the terms of said policy.” Plaintiff asks judgment for the full amount of the policy, namely, one thousand two- hundred dollars. The defendant answered, admitting that it issued to the plaintiff the policy set out, admitting that plaintiff gave notice of the losses, and admitting “that plaintiff gave the defendant a statement purporting to show an account of the amount of grain, seed, and hay harvested upon the land covered by the policy of insurance,, and certified by two witnesses; but as to the correctness of such statement this defendant has neither knowledge, nor information sufficient to form a belief, and therefore denies. the same.” The defendant denies that plaintiff sustained damage in any sum, and denies that he has in all respects complied with the provision of said policy, and, further answering, alleges in substance as follows: That plaintiff refused to arbitrate, and failed to care for the grain as provided for in defendant’s by-laws, which were -a part of the policy, wherefore defendant asks judgment for costs. Plaintiff replies, denying that he refused to arbitrate or that he failed to care for the grain; and, upon trial had upon these issues, verdict and judgment were rendered in favor of the plaintiff for five hundred dollars,, from which the defendant appeals.</p>

— Hon. John F. Oliver, Judge. Originally tbis was a suit to foreclose a mortgage-against defendant E. Schafer. In that action an attachment issued, which was levied on certain real estate.

— Hon. William Hutchinson, Judge. Plaintiee’s case, as he states it, arises out of the following facts: One Scott Scurlock, being the owner of certain cattle, mortgaged them, with other chattels, to Binkley.

— Hon. W. B.. Quarton, Judge. Action for tbe value of two bo-rses alleged to ba.ve been-. converted. Verdict and judgment for the plaintiff, fró-m. which the defendants appeal.

— PIon. Obed Cas- • well, J udge. Action to recover damages for live stock killed and injured by a train on defendant’s railway at a place where the company had the right to fence. There was a trial by jury. Verdict and judgment for plaintiff. Defendant . appeals.

<p>Appeal from Mitchell District Court. — IIon. J. F. Clyde, . Judge.</p> <p>Action at law to recover damages .for the alleged wrongful and malicious taking and conversion of a hull belonging to plaintiff. Defendant admits the taking of the-bull, but says that ho was unlawfully running at large, and that he dealt with him according to law. There was a trial to a jury, resulting in a verdict and judgment for defendant,, and plaintiff appeals.</p>

<p>Appeal from Linn District Gourt. — Hon. William G. Thompson, Judge.</p> <p>Action at la.w to recover back an amount paid by plaintiff as a special assessment for a sidewalk laid in front of property on which it held a treasurer’s tax certificate. The defendant filed answer to the petition, and thereupon plaintiff moved for judgment in its favor on tke pleadings as -they then stood. The trial court sustained the motion, and ordered judgment for plaintiff as prayed. Defendant appeals.</p>

<p>Appeal from, Harrison District Gourt. — Hon. F. R. Gay-nor, Judge.</p> <p>Action on insurance policy. The defendant appeals from a judgment rendered against it.</p>

'Appeal from Benton Disimct Court. — Hon. G. W. Burn-ham, Judge, Action to recover the rental value of certain real estate. There was a trial to the court, and judgment in defendant’s favor. Plaintiff appeals.

— Hon. H. M. Remley, ■ Judge. Philip J. Shuman in the year 1881 took out a certificate of insurance in defendant association for the amount of two thousand dollars, payable jointly to his wife, Elizabeth, and his son, IT. W. Shuman,*the plaintiff. On April -29, 1896, the assured made a change of beneficiaries, and .secured the issuance of a new certificate, payable to plaintiff alone.

<p>1 Appeal: review: Motion for new trial. Where it does not appear from the record that any of the grounds of a motion for a new trial were affirmatively overruled, the court, on appeal, will not reverse if any of them are tenable.</p> <p>2 Discretion. The discretion of the trial court in granting a new trial will not be interfered with unless abuse is shown.</p> <p>3 Same: Agency. The evidence of defendant, a street railway, tended to show that its general superintendent had power to look after the general management of the road, but had no authority to settle claims for injuries to passengers, except with the consent of the directors, and that all settlements or agreements to waive limitations, alleged by plaintiff to have been made by him, were without authority, and that settlements with other parties made by the superintendent, were made under express authority. Held, the trial judge did not abuse his discretion in sustaining defendant’s motion for a new trial on the ground that the evidence did not show that the superintendent had implied authority to waive limitations, as alleged by plaintiff.</p>

'Appeal from Woodbury District Court. — Hon. J. F.. Oliver, Judge. Plaintiff leased from defendant corporation a storeroom for merchant-tailoring business in a large building, for a term of three years, from May 8, 1893. He went into possession, and this action is to recover damages because of’ the condition of the property, as hereinafter stated.

<p>Appeal from Monroe District Court. — Hon. F. W. Eichelberger, Judge.</p> <p>Action by the plaintiff, as widow of T. J. Fisher, deceased, to have her distributive share in certain real estate of which he died seized set apart to her. The administrator and heirs set up in their answer the executiotai of an ante-nuptial contract by the terms of which the plaintiff had agreed that she should “not have, as wife or widow, any interest of any kind, by way of ownership; in any property, real or personal, now owned by Thomas J. Fisher.” In her reply the plaintiff averred that, this contract was procured through fraud, had been forfeited by camel and inhuman conduct, and that it was annulled and canceled by a postnuptial agreement. Decree was entered as prayed, and the defendants appeal.</p>

<p>1 Mortgagee: estoppel to deny validity. Where a note secured by a chattel mortgage, made by a corporation to a trustee, as security for the claims of two creditors, provided that, in case of a foreclosure, one of them shall be paid before the other, and the latter accepts and approves the transaction, and, at his. instance,. the mortgage is subsequently foreclosed, he cannot afterwards question the validity of the mortgage because it was not executed by the proper officers of the corporation, nor claim that he was not a party to the priority agreement therein.</p> <p>2 Priority: night to proceeds. Where, after the execution of a chattel mortgage to a trustee, to secure the claims of two creditors, the mortgagor continues in possession and makes sales of the-goods in the usual course of trade, assigning the accounts therefor to one of the creditors, and sales are made to one of the other secured creditors, with the consent of the first, the trustee is-entitled to recover of the other the price of the goods sold to him.</p> <p>5 Evidence: Admissibility. In an action by a mortgagee to recover - for goods sold and delivered by the mortgagor, after the execution of the mortgage, proof of an assignment of the account therefor from the mortgagor is admissible to show plaintiff’s right of' potion.</p> <p>3 Estoppel: Between mortgagees. In a suit to foreclose a chattel mortgage made to a trustee as security for the claims of two creditors, one of whom was given priority over the other, the creditor having the junior lien, in submitting to the trustee the amount for which he claimed judgment, deducted the value of certain goods • purchased of the mortgagor after the execution of the mortgage, and judgment was taken by the trustee for the balance without. any knowledge that such credit had been made. Held, that the ■ account for the goods sold to the creditor having been assigned by the mortgagor to the trustee, the latter was not estopped by such, judgment from maintaining an action for the value of the goods purchased.</p> <p>4 Appeal: bindings below: Review of evidence. «Where a trial is had to the court the cause will not be reversed on account of errors in the admission of evidence, when the findings can be sustained without reference to such evidence.</p>

Appeal fram Polk District Court. — Hon. T. E. Stevenson, Judge. Action for libel. Defendant Eaton denied generally, •■and also pleaded that the -alleged libel was privileged. The ■other defendant 'denied the allegations of the petition- not expressly admitted; admitted) its corporate capacity, and that defendant Eaton was its medical director.

<p>2 Instructions: libel: Privilege. An instruction that under the pleadings and evidence plaintiff will be entitled to recover for the publication of a libel, unless the defendant has shown by a preponderance of the evidence that the article complained of was, under the circumstances under which it was published, privileged., was erroneous, as conflicting and misleading. Paraphrased, it charges that under the pleadings plaintiff is entitled to recover under the evidence, unless the evidence shows he is not entitled to recover.</p> <p>1 Review for Appellee: motion for new trial partially sustained. Where defendant moved for new trial on thirteen grounds, and the motion was sustained as to two of the grounds, and overruled as to the others, and plaintiff alone appealed, the appellate court can not inquire whether the motion might have been sustained on other grounds than the two specified.</p> <p>3 Presumptions: That error was not cured. Where, on appeal from an order granting a motion for new trial, it is urged that certain special findings cured an erroneous instruction on which the order granting the new trial was based and the record on appeal does not contain the evidence, it will be presumed that the trial court correctly found that the evidence was insufficient to support the special findings.</p>

.Appeal from Pollc District Court. — IIon. C. A. Bishop, Judge. Suit in equity to set aside a tax deed held by defendants, and to establish plaintiff’s right to redeem. The trial •court dismissed the petition, and plaintiff appeals.—

— Hon. C. A. Bishop,. Judge. Ti-ie city of Des Moines is a party defendant, and:, these proceedings, which are founded upon a judgment in., plaintiff’s favor against J. M. Shankland, are brought inequity to subject to plaintiff’s lien certain moneys owing by said city to Shankland. The action is based upon sections-4087-4089 of the Code. The judgment herein was adverse-to plaintiff firm, and it appeals.

<p>-Appeal from BlacTchawk District Court. — Hon. A. S. Flair, Judge.</p> <p>Action on life insurance policy. Defense, that it was ■procured by fraud, and was void because of false answers to certain questions warranted to be true. The defendant .-appeals from judgment on verdict for the plaintiff.—</p>

— Hon. Z. A. Church, Judge. Plaintive’, suing in equity, alleges that he and defendant entered into a contract of co-partnership, to carry on a farm, and also a mercantile business at Sac City; that each was to put in certain property at its actual cash value, and, to make up a difference against him, plaintiff was to put in a certain amount of cash; that defendant fraudulently overvalued the property by him contributed, and thus compelled plaintiff to pay the sum of one…

— Hon. W. Gr. Thompson, ' Judge. Action at law to recover the amount of taxes assessed against certain shares of stock held by plaintiff and his assignors in defendant bank under and by virtue of a contract between plaintiff and defendants for the sale thereof. There was a trial to a jury, resulting in a verdict and judgment for plaintiff, and defendants appeal.

— Hon. F. E. Gaynor, Judge. SUPPLEMENTAL OPINION Action iu equity to have set aside an order in probate allowing a claim against the estate of decedent. There was a hearing on the merits, and a decree in favor of the plaintiffs for the relief demanded. The defendants appeal.

— IIon. I. L. Hustep, Judge. The defendant Henry Lippert is executor of the last will of Anna Marie Lippert, deceased. In'the first case the matters involved may be stated as follows: Plaintiffs are legatees under said will.

.A.ppeal from Cedar District Court. — Hon. William £r. Thompson, Judge. Action at law to recover damage's for conspiracy, and for false and fraudulent representations made as the inducement to an exchange of property between plaintiff and defend■ant Dix. The petition alleges that defendant.

— Hon. John F. Oliver, Judge. This is a contest over tbe right to hold the office of a •member of the board of supervisors of Lyon county. The hoard of contest found in favor of the incumbent. On appeal to the district court the incumbent was declared elected by ¡a majority of one. Contestant appeals.

— Hon. W. B. Conrad, Judge. Ti-ie defendant was appointed receiver of the Union Building & Savings Association, insolvent, in an action brought against it, and this proceeding is an intervention by plaintiff, in which he seeks to have his claim, founded upon certain shares of stock, given a preference. There was a judgment in plaintiff’s favor and defendant appeals.—

— IIon. W. H. Tedeord. Judge. Suit in equity to foreclose a mortgage. Defense, usury.. Trial to the court, resulting in a decree foreclosing the mortgage for the full amount of the notes secured thereby, and defendants appeal.

'Appeal from Monona District Court. — Hon. William. Hutchinson, Judge. . Plain tier tripped upon a loose board in a walk in defendant town, and fell, causing the injuries for which she-sues. From a verdict and judgment in her favor, defendant, appeals.

— LIon. William G. Thompson, Judge. Action in equity to set aside a conveyance of real estate-as fraudulent, and to subject the land to. the payment of a judgment. From a decree in plaintiff's favor, defendants, appeal.

— IIon. W. B. Quarton, Judge. 1 Action for judgment upon a promissory note executed by the defendant to the plaintiff. The defendant answered in four counts. In the first, he admits the execution of the-note, and alleges that the consideration therefor has wholly failed.

- — IIon. A. 33. Tiiornell, Judge. Defendant is a road supervisor, and this action is brought to' compel him to open a public street in the unincorporated town of Underwood. Defendant denies that the street exists where claimed by plaintiff. There was a trial to court, and from a judgment dismissing plaintiff’s petition he appeals.

— ITon. F. B,. Gaynor, Judge. Action in equity to recover on a contract tbe price for sinking a well, and to establish a mechanic’s lien therefor. From a decree in plaintiff’s favor, defendant appeals.—

— Hon. S. PI. Elwood, Judge. These two cases present the same issues as to different lands. They were tried together in the district court, and are so- submitted here. They are actions to quiet title to, and to obtain possession of certain lands in Calhoun county.

— Hon. S. M. Elwood,. Judge. The defendant is a life insurance company organized under the laws of Holland, with its principal place of business-at Amsterdam, and an office in New York City. It issued a policy to Charles J. Nelson, January 18, 1897, based on an application dated January 6th previous. To cover the first premium, he executed a note to the soliciting agent of the defendant, which remains unpaid, and died April 27th of the same-year.

— Hon. D. K. Hind-man, Judge. Action at law to recover damages for breach of the covenants of warranty in a deed. Defendant admits the execution of the deed to plaintiff, but says it was done to ■enable him (plaintiff) to collect a claim against one Floon, who was the beneficial owner of the land; that he (defendant) received no consideration for the deed; and that plaintiff failed to comply with, and abandoned, his contract 'of purchase.

<p>Cancellation of Deed by Father: failure of consideration: Undue influence. A father in declining years induced his son to return home, and thereafter the son, by threatening to leave, induced his father to convey to him land worth $3,Q00, in consideration of one dollar and love and affection, with the understanding that the son should care for and help reform a younger brother. The son-thereafter borrowed $800.00 on the land, contracting to sell it for two-thirds of its value, and advised his brother to get a deed for the remainder of his father’s property, telling him ‘ if you work the old man all right, he will give you the deed.” Six weeks after the son received the deed he left the father, without intending to return. Held, that the father was entitled to have the deed canceled for failure of consideration, and as procured through undue influence; the inability to restore the perfect status quo being wholly to the advantage of the defendant.</p>

'Appeal from Woodbury District Court. — Hon. F. R. Gay-nob, Judge.

— Hon. N. W. Macy, Judge. Action'at law to recover on an accident insurance policy issued by the defendant to the plaintiff. There was a trial to a jury, which resulted in a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. J. E. Whit-taker, Judge. Dependant was indicted, t-ried, and convicted of the •crime of keeping a liquor nuisance, and appeals from the judgment pronounced against him.

— Hon. A. S. Blair, . Judge. This is a contest over the selection of “official newspapers” for the county of Blackhawk for the year 1899. The firm of Packard & Mills appealed from the order made by the board of supervisors. E.' Duke Naven and Jacob Schmidt join in this appeal from the judgment of the district court.

— Hon. George WBurnham, Judge. Dependant was indicted, tried, and convicted of the crime of maliciously threatening to do an injury to one Charles Pettit, to- compel him (Pettit) to- suffer defendant to do a loathsome act, against his will, and from, the sentence imposed he appeals.-

— Hon. C. B. Holmes, Judge. . Action to recover of tbe stockholders in the Lewis' Investment Company, under chapter 208 of the Acts of the Eighteenth General Assembly. A demurrer to the petition was sustained. Rlaintiff appeals.

— Hon. H. M. Remley> Judge. Action in equity upon a certificate of membership in defendant order. There was a trial upon the merits, and judgment for the defendant John W. Gruver. Plaintiff appeals.

Appeal fwm Clinton District Court. — Hon. James W; Bollinger, Judge. Defendant was indicted, tried and convicted of the crime of rape, and sentenced to the penitentiary for the term of tw.enty-five' years. From the judgment imposed, he appeals

— Hon. T. M. Fee Judge. Actón to compel defendants;, as school directors, to order an election to determine whether -an independent district shall be organized. Order issued as prayed, and defendants appeal;

— Hon. Charles A. Bisi-iop, Judge. Ti-ib plaintiff was arrested on preliminary information, and at the examination he was held for appearance to answer the action of the grand jury on a charge of violating the provisions of section 4J64 of the Code. A warrant of commitment issued to the. defendant sheriff, commanding him to detain the plaintiff in the jail of the county until legally discharged by due course of law.

— Hon. P. B. Wolfe, J udge. The defendant was indicted for murder in the first degree, in killing one Patrick Murphy by shooting him on October 24, 1898. He pleaded not guilty, and, upon trial had, was found guilty of manslaughter, and judgment of imprisonment in the penitentiary for the term of eight years-rendered against him, from which judgment he appeals.—

— Hon. O. M. Waterman) Judge. On the tweuty-sixth day of August, 1895, Mott Watson died intestate, seised of certain lands in Jackson county, Iowa; and the plaintiff, a nephew, began this action in partition December 9, 1895, making Julia Richardson, a sister, and the heirs'of three brothers, two sisters, and one half-brother, parties defendant.

— Hon. A. J. House, Judge. Mott Watson died intestate August 26, 1895; and on 'September 5, 1895, following, Leslie O. Watson and W. M. Stevens were appointed administrators of his estate.

- — Hon. Z. A. Church,. Judge. Suit in equity to enjoin defendants from removing,, controlling, or in any manner interfering with a school house said to he located in the district township of Franklin, Greene county. Defendants plead that they' are the directors of the independent district of Cooper, in which said school house is located, and that they had full power and authority over the house, its furniture and belongings.

— Hon. Z. A. Church, Judge. Plaintiees, four in- number, taxpayers in the independent school district No. 2, Hardin township-, Greene county, Io-wa, brought this action in equity to enjoin, the defendant, directors, secretary, and treasurer of said district, from issuing certain bonds and paying out certain money. Decree was rendered making the temporary injunction perpetual against the issuing of the bonds, and dissolving it as tó paying out said money.

— Hon. W. H. Tedford, J udge. Ti-ie defendant was convicted of the crime of keeping a gambling house. From the judgment, which required him to pay a fine of one hundred dollars, and provided, in default -of payment that he be confined in the county jail, he appeals.

<p>1 2 Deeds: parol variance. A warranty deed, reciting a consideration, and reserving possession and the rents and profits in the grantor-for life, to be applied to his support, and the support of his son, the grantee, and to the payment of a certain sum to each of his. other children, and providing that the amount remaining unpaid to such children, at grantor’s death, should be paid by the grantee within twelve years thereafter, and that such sum should be a lien, on the premises conveyed, is complete and unambiguous, and. hence, parol evidence is inadmissible to show a part of such agreement alleged not to have been reduced to writing.</p> <p>3 Contracts: Same. A writing, properly signed and dated, whereby a father sells to his son certain personal property that the father-might own at his death, the title to vest in the son at the father’s death, is a complete contract, and parol evidence of an additional contract between them as to such property is inadmissible.</p>

<p>1 3 Forgery: .venue. Where one signs another’s name to a note in one county, and fills up the blanks in another county, he is guilty of forgery in the latter county and the venue would be properly laid in that county.</p> <p>3 6 Evidence. Evidence that blanks in a printed note alleged to have been forged were filled out in a certain county, is, at most, only evidence that the offense was partially committed therein.</p> <p>2 Venue: jury question. Practice. Where the evidence as to venue is disputed, the question is for the jury, and the court should not discharge them and commit defendant to await a warrant from another county, under Code, sections 5389, 5391, providing, therefor, if the offense was committed within the exclusive jurisdiction of another county.</p> <p>1 2 4 Mistaken discharge of defendant: Acquittal. Where the jury was erroneously discharged by the court, under Code, sections 5389 and 5390, on the mistaken supposition that the evidence showed that the crime was committed in another county, and the prisoner committed to await a warrant therefrom, it amounts to an acquittal and he cannot be tried again.</p> <p>5 Jurisdiction. The court which first takes jurisdiction of an offense which, under Code, section 5157, may be prosecuted in more than one county, should retain it.</p>

<p>Appeal from Pollc District. Oourt. — Hon. S. F. Prouty,. Judge.</p> <p>Action to enjoin the board of supervisors of Polk county from’ selling the block on which the court house stands. The plaintiff appeals from a decree dismissing his. petition.</p>

<p>2 Process served on corporation officer: Waiver of defects-jurisdiction. Where process served on defendant designated it as a corporation, it was not entitled to restrain the enforcement of a default judgment entered thereon, on the ground that the petition designated it as a co-partnership, issue having been taken on its corporate character in the injunction suit, and plaintiff having failed to prove that it was a corporation at the time the action in which the judgment was rendered was begun. Same: Failure of proof-collateral attack. Where process designating 1</p> <p>defendant as a corporation was served on one of its officers, the fact the petition designated it as a co-partnership did not invalidate a default judgment rendered against it, since the notice conferred jurisdiction of the defendant as a corporation, and by failing to appear or assail the pleadings it waived any error therein.</p>

''Appeal from Woodbury District Court. — Hon. William Hutchinson, Judge. Action in replevin. The property in controversy was levied on and held by the defendant, as sheriff, in virtue of several writs of attachment issued in suits against Paul T. Wilkes and the plaintiff. The latter based his claim to possession on a certain chattel mortgage executed to him by Wilkes, purporting to secure the payment of five hundred dollars.

— Hon. J. F. Clyde, Judge, Action by plaintiff to recover of defendants, who are the parents of her husband, damages for the alienation of her husband’s affections. The case as against H. W. Avery was taken from the jury by the court. From a verdict and judgment against Ellen E. Avery, she appeals.

<p>Assuming risk of employment: Evidence. Defendant, while employed in an elevator, fell through a trap door, over which he had to pass many times a day, receiving injuries resultingin his death. No one saw the accident, and decedent, before his death, was unable to tell how it happened. On beginning work, three weeks before the accident, decedent was told that the hinges on the door were loose and that it had slipped while S. was passing over it. The door and the appliances had been in the same condition for more than four months previous. It had been crossed many times by many other employes, and S. testified that he stood on the door five minutes before deceased fell, when it seemed to be all right. Held, that if the door slipped from its place, it was because of the unfastened hinges, which risk he had assumed; and, that since there was no evidence that its improper construction contributed teethe accident, a verdict for plaintiff was error.</p>

<p>Appeal from Dubuque District Court. — Hon. J. L. Husted, Judge.</p> <p>The defendant appeals from a judgment convicting him of the-crime of seduction.</p>

.Appeal from Appanoose District Court. — Hon. M. A. Roberts, Judge. The defendant Sol Davis was jointly indicted, tried ,and con-victed of the crime of burglary with one Charles Hart. Judgment <of imprisonment in the penitentiary for a term of years was rendered against the defendant Sol Davis, from which he appeals.—

Story District Court. — Hon. S. M. Weaver, Judge. Action at law to recover damages for injuries received by plaintiff while walking along one of the streets of defendant city. There was a trial to a jury, resulting in a verdict and judgment for defendant. Plaintiff appeals