Volume 115 — Iowa Reports

<p>Wills: construction: Declaration of testator. Parol evidence of contemporaneous declaration of a testator as- to the persons whom he intended to designate in his will is not admissible to explain the term “heir,” as used by him.</p>

— Hon. William Hutchinson, Judge. The plaintiff, by writen contract, entered into December 31, 1896, agreed to convey to intervener a farm of 153 acres in Prentiss county, Miss., in exchange for 65 acres in Monona county, Iowa, subject to incumbrances amounting to $1,021.

- — -Hon. N. W. Macy, Judge. Action to recover damages for personal injuries received by plaintiff while' in the employ of defendant, alleged, to have been due to the negligence of defendant, consisting in the failure to notify plaintiff of danger whereby plaintiff received the injuries complained of, without negligence on his part. Judgment on verdict for plaintiff, from which defendant appeals.

— IIon. F. E. Gaynok. Judge. Action to recover $1,007.82 alleged to be due to plaintiff as balance on account from the defendant bank. The defendant answered as hereafter appears, and moved that plaintiff be required to bring in Wiley Middleton as a party, and, on notice, he appeared and filed his petition of intervention, claiming the money sued for.

- — Hon. M. J. Wade, Judge. Plaintiee claims to have purchased of defendant Wilcox three lots in the town of Oxford, for which he has never received a deed. The prayer of the petition is that a deed be ordered made by Wilcox, and that plaintiff’s title be quieted against Robert, who also claims title to said lots by a purchase from Wilcox, made subsequent to plaintiff’s contract.

— Hon. Wm. G. Thompson, Judge. Action at law to recover damages for personal injuries received by plaintiff while alighting from a car owned .and operated by defendant company. There was a trial by jury, resulting in a verdict and judgment for < plaintiff, and defendant appeals.

<p>4 5 Practice in Law and Equity: supplemental pleading. Code, section 3641, providing that a party may file “a supplemental petition, answer, or reply, alleging facts material to the case which have happened or have come to his knowledge since the filing of the former pleading,” embodies a rule long observed in chancery practice, and is applicable to procedure at law as well as in equity.</p> <p>5 Allowance on supplemental pleading: When abuse of discretion. It was an abuse of discretion to permit an amendment under Code, section 3641, providing that a party may file “a supplemental petition, answer, or reply, alleging facts material to the ease which have happened or have come to his knowledge since the filing of the'former pleading,” where such amendment introduced a new and distinct cause of'‘action, which might as well have been maintained in a .separate action.</p> <p>1 2 Appealable Orders: ruling on application to amend answer: After a procedendo was filed in the district court directing the entry of judgment for plaintiff restraining defendant city from levying a special assessment, defendant asked leave to amend its answer by setting up its right to' recover the reasonable value of the materials and labor expended in the improvement which had accrued since the submission of the cause. The court overruled plaintiffs motion to strike out the application; but entered judgment in- obedience to the procedendo. Held, that the order overruling the motion was not appealable, under Code, section 4101, subdivision 1, authorizing an appeal^from an order affecting a substantial right when such order, in effect, determines the action, and prevents an appealable judgment.</p> <p>1 2 3 Same: Ruling on motion to strike said application. The order overruling the motion to strike out the application was appeal-able, under Code, section 4101,. subdivision 4, providing that a party may appeal from “an intermediate order involving the merits or materially affecting the final decision,” as the amendment introduced a new and distinct cause of action in the form of a counterclaim.</p>

— Hon. S. M. Exwood, Judge. The defendant was accused and convicted in justice court of catching 10 young pickerel with a seine from Wall Lake.

— Hon. F. H, Helsell, Judge. Action to recover the value of certain cattle upon which plaintiff had a landlord’s lien, and which were purchased by defendant of the tenant. When plaintff had rested his case, on motion of defendants the court instructed the jury in their favor. Such a verdict was returned, and from the judgment thereon plaintiff appeals.-

<p>Quieting Title: estoppel bt laches. A railroad company, under a grant from a state, earned land by completion of its road,’ but made no selection thereof until nine years later. , The county records show that before the date of the grant the land was conveyed by the county to D, and by him to defendant. After selection by the railroad company, a further period of' fifteen years elapsed before the land was certified to the company. The company allowed five years more to elapse before bringing suit to quiet title. During all this time defendant had paid taxes on the land, and made valuable improvements. Ten years prior to the present action, he had obtained a decree quieting title in him. Held, that the company’s grantees were estopped by its laches from claiming title to the land.</p>

<p>4 5 8 9 10 Crossings: right to change: Prescription. Under Code, section-2022, providing that, when any person owns land on both sides of any railway, the company shall, wh’en requested so to do, make and keep in good repair an adequate crossing at such reasonable place as may be designated by the owner; a cross-ing so built may be changed by the company for the purpose of avoiding danger of fire and of accident to passing trains though used by the land owner more than ten years. ■</p> <p>7 Adverse possession. The basis of a claim of adverse possession must be color of. title, or claim of right in hostility of the owner; and, if it be based on a statutory duty, it is''Simply permissive, and lapse of time will not ripen it into a title</p> <p>Supplemenal opinion. — October 22, 1901.</p> <p>Same. Under a statute requiring a railroad company to maintain adequate crossings for persons owning land on both sides of the track, a land owner cannot acquire a right to a crossing by adverse possession, so that the railroad company cannot change it.</p> <p>6 Failure to furnish: Remedies. Where a .railroad company, having the right to change a crossing built under Code, section 2022, providing that, when any person owns land ,on both sides of any railway, the company shall, when requested so to do,' make and keep in good repair an adequate crossing at such reasonable place as may designated by the owner, requested the land owner to designate a place for the crossing, and he refused to do so, he cannot complain, in an equity suit, of the company's failure to give him an adequate crossing, but may complain to the railway commissioners, or by action of mandamus secure 'an adequate crossing at a place designated by him.</p> <p>6 Grade and under crossing. The owner of land on both sides of a' railway is not entitled, as a matter of law to an under crossing, under Code, section 2022, requiring the railway to construct proper crossings, etc., in the absence of peculiar conditions, since grade crossings are the rule in this state.</p> <p>10 Same. An under-crosing for a. person owning lands on both sides of a railroad constructed under a statute requiring adequate' crossings, and not by contract with the owner, may be changed by the railroad to a grade crossing, where no peculiar damage results to the land owner by the change, and where the expense of maintaining the under crossings would be larger than contemplated by the statute.</p> <p>1 2 Right-of-way Deed: consideration: Parol variance. Where a' deed of a right-of-way of a railroad fully expresses the consideration, evidence of a parol agreement for an under-crossing, alleged to have been made at the time of the execution of the deed, and as a part of the consideration, is inadmissible, as it would vary the effect of the deed. This is especially true where it is claimed that part of the consideration is an agreement which creates a reservation in the deed. De G-oey v. Van Wyck, 97 Iowa, 491; Kelly v. Railway, 93 Iowa, 436, and Railway v. Oounty, 34 Iowa, 52; qualifiedly approved.</p> <p>3 Reformation: evidence. The evidence must be clear and satisfactory to justify the reformation of a deed because of alleged fraud, and mere preponderance of evidence is not sufficient.</p>

ourt.- — -Hon. O. A. Bishop, Judge. This is an appeal from proceedings to assess the cost of paving certain streets in the city of Des Moines to the street railway and to abutting property owners. The trial court found that the assessment against the abutting property owners, in so far as it included the cost of paving between the rails of the street railway company and one foot outside each rail thereof, was illegal, and that the same should be vacated.

— Hon. W. G. Thompson, Judge. This action in equity is to enjoin the defendant Hibner, as keeper, and the defendant Jamison, trustee, as owner, from maintaining a liquor nuisance on the premises described. The defendants answered separately, and thereafter defendant Hibner filed a request in writing, signed by Mrs. Sanders, asking the court to dismiss the action.

<p>1 3 Fraudulent Conveyances: inadequate consideration: Bights of creditors. Where an. insolvent, in part .consideration for a conveyance of his farm to his wife, secured sufficient money from her -to settle with attaching creditors, the wife being aware of the circumstances, the excess in value of the property so conveyed over the amount advanced, including the in* cumbrañces assumed, and over the amount due her on her husband’s note in her favor, could be subjected to a judgment? creditor of the husband.</p> <p>2</p> <p>Lien: Transcript of judgment in another county — need not he filed. Where an insolvent debtor made a conveyance of land to his wife, which was in part voluntary, transcripts of a judg' ment rendered in another county need not first be filed in the county wherein such land is situated in order to entitle the judgment creditor to subject to the, payment of his debt so much of the land as was conveyed without consideration. Michel v. Walraven, 92 Iowa, 423; Buchanan v. Marsh. 17 Iowa, 494; Peterson v. Sittings, 107 Iowa, 306, and Taylor v. Branscomhe, 74 fowa, 534, analyzed and distinguished.</p>

<p>1 License: auction sale by agent of mortgagee. One in tbe management of the sale of goods at auction is liable to a tax under a municipal ordinance which requires transient merchants to pay $50 for a license authorizing’ goods to be sold at auction, and evidence that such person was selling under a mortgage as the agent of another was immaterial.</p> <p>2 Auction sale oe mortgaged property by transient merchant, trader a municipal ordinance requiring transient merchants to take out a license for the sale of goods at auction, but permitting auctioneers to sell mortgaged property without payment of the tax thus imposed, a transient merchant or his agent selling mortgaged property is not exempt.</p> <p>3 Evidence: opinions: Reasonableness of taxing ordinance. Where witnesses were allowed to give their opinion as to the reason» ableness of a municipal taxing ordinance without objection, defendant could not complain thereof on appeal from a conviction for violation thereof.</p> <p>4 Presumptions as to reasonableness. In the absence of competent evidence as to the reasonableness of a oharge for a license to sell goods at auction, the presumption is that the charge is reasonable.</p> <p>5 Is question for court. The reasonableness of an ordinance requiring transient merchants to take out a license for selling goods at auction is for the court, and not for the jury.</p>

— Hon. John F. ■ 'Oliver, Judge. Suit in equity to foreclose a mortgage executed to plaintiff, a building and loan association. The trial court found a certain amount due, and ordered foreclosure of the mortgage for the amount so ascertained. Defendant Ida M. Vogt, the borrower, appeals.

'Appeal from Cerro Gordo District Court. — Hon. O. H. Kelly, Judge. The plaintiff exchanged 210 acres of land in Moody county, S. D., for a stock of goods at Clear Lake, Iowa. The farm was incumbered, and for computed difference in value lie executed his note to defendant Howe for $1,452, payable in one year, and secured it by chattel mortgage on the stock. January 11, 1897, this mortgage was foreclosed, and the stock bid in by Howe for precisely enough to satisfy the debt.

II. M. Remlby, Judge. Action for judgment on a certificate of deposit issued by tbe defendants, a co-partnership doing a general banking business. The defendants answered, pleading payment and that the action is barred. A jury was waived, the case tried to the court, and judgment rendered dismissing plaintiff’s petition and for costs, from which he appeals.

'Appeal fnorn Buena Vista District Gouri. — Hon. F. H. Het.sell, Judge. This is a proceeding under the Code to revoke or suspend the license of the defendant attorney and counselor at law.

— Hon. O. A. Bishop, Judge. Action to. recover damages for the death of plaintiff’s decedent, Ole Oleson, resulting from an accident in defendant’s coal mine alleged to have been due to defendant’s negligence. At the conclusion of plaintiff’s evidence the court, on motion, directed a verdict for defendant. From a judgment on this verdict, plaintiff appeals.

— IIon. A. B. Dewey, Judge. These are actions on promissory notes, in each of which the plaintiff sued out a writ of attachment, and garnished the executor of the estate of defendant’s father for the share of the estate to which defendant was entitled by will.

— Hon. W. P. Brannan, Judge. Action to recover damages for personal injuries sustained by the plaintiff, while in the employment of the defendant as a switchman in its yards at Muscatine, by reason of certain alleged acts of negligence on the part of the defendant, and without fault or negligence on the part of 1 the plaintiff.

— Hon. John T. Scott, Judge. Plaintiff leased from defendants a farm from March 1, 1895, to March 1, 1896; the contract containing no stipulation with respect to the water supply.

— IIon. S. F. Prouty, J udge. Action in equity to set aside and cancel a deed from Citarles P. Wilcox to defendant John W. Day for certain real estate, and a writing executed by the plaintiffs, on the grounds of fraud, inadequate consideration, and coercion and undue influence.

— How. H. .M. Towner, and Hon. W. H. Tedford, Judges. Defendant was indicted for murder in tbe first degree, charged to have been committed in Union county. He made application for a change of venue on the ground of the prejudice of the inhabitants of that county. This application was heard and denied by Towner, J., and such denial forms one of the grounds of the appeal.

— Hon. Wm. G. Thompson, Judge. The petitioner on the twenty-second day of November, 1899, was sentenced “to pay a fine of $300 and costs of prosecution, and stand committed to the jail of Linn county, Iowa, for a period of ninety days, unless said fine is sooner paid.” Mittimus was not issued until January 2, 1900, and not served by tbe sheriff taking him into custody until February 22, 1900.

— Hon. W. S. Withrow, Judge. ■ This is a proceeding for the condemnation of the right; of way for the defendant’s railroad over lands belonging to-the plaintiffs. Upon appeal to the district court,- and' on trial had therein, verdict and judgment were- rendered in favor of the plaintiffs for $1,900. Defendant appeals.

— IIon. A. B. Tiioknell, Judge. Defendant ivas indicted, tried, and convicted of the ■crime of larcency from tbe person, and from the judgment imposed, appeals.

— Hon. Henry Bank, Jr., Judge. Action to quiet title by plaintiffs, who claim to be owners of two certain lots of real property in the city of Keokuk, as against defendants, who claim judgment liens on an interest therein alleged by them to belong to one Joseph C. Spaan. Decree for plaintiffs, and defendants appeal.

— IIon. A. E. Dewey, Judge. Three indictments were returned against defendant and John Mendenhall, October 26, 1900, accusing them of larceny of chickens in the nighttime of October 20th of that year from the private buildings of three different persons. Mendenhall stood trial on one indictment in January, 1901, was found guilty by a jury, and sentenced to pay a fine of $300 and be imprisoned in the county jail 12 months. The other indictments were dismissed as against him.

<p>Appeal from Linn District Court.- — Hon. W. G-. Thompson, Judge.</p> <p>Indictment for keeping á house of ill fame. From a verdict and judgment of guilty, defendant appeals.</p>

— How. Eobert Sloan, Judge. Action to recover double damages, under tlie statute, for tbe killing of two colts and one jenny, by one of defendant’s trains. Verdict and judgment were rendered for plaintiff, and defendant appeals.

— IÍon. W. B. Quarton, Judge. Three judgments, aggregating $528.38 and costs, were rendered in favor.of plaintiff and against Henry Stolte in 1897 on an indebtedness previously • contracted. July 5th •of that year said Henry conveyed’ 160 acres of land he then owned to' his wife, Louisa Stolte, and the object of ’•this suit is to subject this, land to the payment of these judgments.

— -Hon. W. S. Withrow, Judge. The appellant filed objections in the lower court to the final report of defendant as admistrator, and asked an order of distribution of tbe estate by which, appellant should receive a further sum by way of distributive share than allowed him by the report. His application was refused, and he appeals.

— Hon. Franklin C. Platt, Judge. On the ninth day of August, 1899, the plaintiff recovered, in justice' court, a judgment against defendants who, two days later, filed a paper in the form of an appeal bond, signed by themselves only, which the justice ap1 proved. A transcript was filed with the clerk of the district court, and, on September 19, 1899, plaintiff moved to dismiss the appeal.

<p>Appeal from Aclair District Court. — Hon. J. H. Applegate, Judge.</p> <p>Action in equity to quiet the title to land. Decree for " the defendants, from which the plaintiff appeals.</p>

— Hon. A. B. Dewey., Judge. Action to recover damage's for personal injuries sustained, as is alleg’ed, by reason of tbe defendants and one Scott Hanks willfully, carelessly, and negligently, and in disregard of tbe rights of the plaintiff, racing and running horses driven by them in a public highway, whereby plaintiff’s team became frightened and ran away, and plaintiff was, without fault on his part, seriously and permanently injured in his shoulder, back, and breast.

— Hon. Fred O’Donnell, Judge. ■ Action at law to recover damages for a personal injury álleged to have been caused by tbe defendants negligence. A demurrer to tbe petition was sustained, and tbe plaintiff appeals.

— Hon. P. B Wolke, J udge. Dependant was convicted of the crime of seduction, and appeals from a judgment imposing á term of imprisonment in the penitentiary.-

— Hon. F. W. Eichelberger, Judge. Defendant was indicted for the larcency of $600 in money. From a verdict of guilty and judgment thereon, he appeals.

<p>1 Adultery: evidence: Acts subsequent to act charged. On a prosecution for adultery, evidence from which sexual intercourse between the parties might be inferred, to have occurred subsequent to the act charged in the indictment was properly received, where the acts were near enough in point of time and sufficiently significant to have a tendency to establish an adulterous disposition in the parties at the time of the act charged</p> <p>2 Conviction' sustained. On a prosecution for adultery, evidence of the subsequent acts of the parties, together with the circumstances of the act charged, of which there was no direct evidence, examined, and considered sufficient to support a conviction therefor.</p>

Appeal-from Dubuque District Court. — Hon. Fred O’Donnell, Judge. When plaintiff and her husband were a short distance beyond a bridge on the way out of Dyersville, at about 5:30 o’clock in the afternoon of January 6, 1899, they stopped to cover an oil can, not well corked.

— Hon. S. M. Weaver, J udge. Plaintiff states as bis cause of action that be executed a promissory note with defendant, and as bis 'surety, to the State Bank of Eagle Grove; that the defendant failed to pay said note; and the plaintiff was compelled to, and did, pay the same to the bank on or about April 1, 1899, in the sum of $193.66, for which, with interest, he asks judgment-.

— IIon. W. G. Clements,. Judge. Action for interpretation of a will, brought by tbe widow of the testator, who is executrix and devisee and legatee thereunder. Decree was rendered against the claim of the plaintiff, and she appeals. —

— Hon. M. J. Wade, Judge. Action for judgment on a promissory note executed by defendants to the plaintiff. Defendant Sherlock alone answered, pleading that the note sued on “was paid and canceled by the acceptance of an individual note from the defendant Herman Holscher” without the knowledge or permission of this defendant.

— Hon. W. N. Tbeioiiler, Judge. 1 Ti-ie city of Cedar Rapids is a city acting under a •special charter. In March, 1900, its counsel passed an •ordinance granting to-John H. Brown and his assigns ■a franchise to construct, maintain, and operate a system of waterworks in said city. The franchise, when accepted, was to continue for the term of 25 years.

— IIon. W. F. Bran-nan, Judge. Action commenced July 3, 1899, to recover damages for an alleged wrongful and forcible holding possession of certain lands by the defendants, alleged to belong to the plaintiff, from March 1, 1899, after the expiration of their lease, and after notice to quit.

— Hon. Henry Banks, Jr,., Judge. Action at law aided by attachment. The Hayden Publishing Company intervened, claiming to be the owner of the attached property. This plaintiff denied. On the issues thus joined the case was tried to a jury, resulted in a verdiot and judgment for intervener, and plaintiff appeals.

— LIon. A. S. Bi,air, Judge. Action upon a policy of accident insurance, by tlie beneficiary therein, to recover the sum of $2,000; being the indemnity provided in said policy in case of the death of the assured, Samuel E. Smith, who was plaintiff’s husband. There was a jury trial, which resulted in a verdict for plaintiff. From the judgment rendered thereon, defendant appeals.-

— Hon. W. II. Tedford, Judge. Action by plaintiff to recover damages for conversion by defendant in wrongfully levying upon and selling certain property of the plaintiff under an execution against one Petted. Trial to the court without a jury. Judgment for plaintiff against the sheriff and his bondsmen, who are joined with the sheriff in the action. Defendants appeal.

— Hon. John T. Scott, Judge. Action against the defendants named, and other defendants joined with him, to recover damages for libel.

— Hon. S. M. Weaver, Judge. Suit in equity to cancel a note and mortgage given by plaintiff to defendant on the ground that plaintiff bad tendered the full amount due thereon before bringing suit. The defense was that the notes bad not matured when tender was made. The trial court granted the relief asked, and defendant appeals.

<p>Appeal from Glinton District Court. — Hon. P. B. Wolfe, Judge.</p> <p>Action to recover damages for assault and battery. Verdict and judgment for plaintiff. Defendant appeals.—</p>

Franklin C. Platt, Judge. These four actions, affecting the distribution of the property of Gamaliel Walker, now deceased, were, by agreement, consolidated, and tried as one equitable action, and a decree was rendered adjusting the various claims of the parties. The real parties in interest are John and Laura Mallow on the one side and Simon Walker on the other.

<p>1 Libel by Oil Inspector: when private trespass: Sureties on olficial bond. Acts Twenty-seventh General Assembly, chapter 52, relating to the inspection of linseed oil, and authorizing the board of health to call on oil inspectors, for samples of oil for the purposes of analysis, contains no provision authorizing the secretary of state to require inspectors to collect such sample to be sent to him for analysis, and hence a libel published by an inspector while procuring samples for the secretary of state was a trespass done in his private capacity, and not as a public officer, for which the sureties on his official bond are not liable.</p> <p>2 Same. Where a secretary of state, without legal authority, called on a state oil inspector for samples of oil for analysis, the fact that the board of health, which had authority to make such á demand, made an analysis of the oils so procured, and forwarded the result, with directions, to the inspector, did not have the effect of making the act of the inspector in procuring the samples an official act.</p>

— Iíoír. A. H. Dewet, Judge. Action to recover amount due upon a promissory note. Defense: Payment in part, and in part, want of consideration, leaving due on said note, as averred by defendant, only the sum of $57.73, wbicb is tendered in the answer. The claimed payments in part arose from the balance of a mutual account between the parties-, which was set up by defendant.

<p>Appeal from Jackson Disirid Court. — Hon. A. J. House, Judge.</p> <p>Plaintiff sues to recover compensation for collecting certain taxes in Jackson county. There was a demurrer to his petition, which was sustained. As plaintiff elected to stand on the pleading, judgment was rendered against him for costs, and he appeals.</p>

— Hon. W. H. Tedeord, Judge. This is a contest over the right to- bold ■ tbe office of county superintendent of Taylor county. Tbe trial court sustained a motion filed by incumbent for a judgment in bis favor on tbe pleadings, and contestant appeals.

— Hon. W. S. Withrow, Judge. Suit for the partition of certain real estate. Erorn a decree establishing plaintiff’s interest as claimed, denying certain advancements claimed to have been made to plaintiff’s grantor, and ordering partition, defendants appeal.—

— How. F. W. Eichel-BERGEB, Judge. Suit in equity to cancel a lease, and to enjoin defendant Ramsey from prosecuting an action against the plaintiffs for the recovery of rent before a justice of the peace of Lucas county. The trial court granted the relief asked, and defendants appeal.

<p>Appeal from Wright District Court. — Hon. J. R. Whitaker, Judge,</p> <p>The defendant was tried and convicted bn an indictment charging her with prostitution and lewdness. She appeals from a judgment on the verdict.</p>

— Hon. Robert Sloan, Judge:. Action to recover damages for a personal injury. There was a trial to a jury, and a verdict and judgment for the plaintiff. The defendant appeals.

— Hon. A. B. Dewey, Judge. The plaintiff is one of the heirs of Harriet E. Saunders, deceased, and claims an interest in the property in controversy by reason thereof.

— TIon. W. B. Quaeton, Judge. Action at law to recover damages alleged to have been caused by the fraudulent conspiracy of the defendant and others. Trial to a jury, and verdict and judgment for the plaintiff, from which the defendant appeals.

'Appeal from Iowa District Court.&emdash;Hon. M. J. Wade, Judge. Action in equity to restrain the sale of liquor in violation of law and to- abate a nuisance created by such sales. Trial to the court, and judgment for the defendant. The plaintiffs appeal.

— Hon. P. B. Wolee., Judge. Action against defendant on a life insurance policy was begun in December, 1897, and, on issue joined, the plaintiff’s evidence was introduced at the trial, September 23, 1898, when' the controversy was adjusted, and judgment enPred against the defendant, and fully paid, on the 1 same day.

— Hon. A. R. Dewey, J udge. Platntiee, a co-partnership, claiming to be a judgment creditor of defendant Stewart, seeks in this action to have a sheriff’s deed of real property which belonged to Stewart, made under foreclosure of a mortgage given to one Clements,, and executed . to defendant Wood as assignee of the certificate of purchase, declared to he a redemption, in the interest of Stewart, so as to leave the property still subject to-plaintiff’s'judgment lien.

— Hon. P. B. Wolee, ■Judge. Action in equity to reform and foreclose a mortgage on real estate. Tlie issue here was tried only as between plaintiff and Olive S. Groiie, executrix. Erom an adverse decree, plaintiff appeals.

— Hon. M. J. Wade, Judge. Action on two warrants, issued in 1884 and 1885 respectively, payable by defendant out of tlie “Davis Ditch Bund,” and at the dates of issuance presented to the county treasurer for payment and indorsed,,“Not paid for want of funds.” Demurrer on the ground that the action was barred by the statute of limitations was sustained, and judgment rendered for defendant, from which plaintiff appeals.

— IIon. G. W. Burn-ham, Judge. Prtor to his injury the plaintiff had been employed in the defendant’s quarry for a number of years as a quarry-man. In November, 1897, he, with three others, was working in said quarry under the direction of a foreman.

— Hon. James D. Gamble, Judge. This is a contest between the children and grandchildren of Alexander L. Hughes, deceased, joining with the executor, on the one side, and the heirs of Barbara Hughes, deceased, widow of Alexander Hughes, on the other. The question to be decided arises on a demurrer filed by the heirs of Barbara Hughes to the plaintiff's’ petition.

— Hon. H. M. Bemxey, Judge. The plaintiff is the widow of Benton E. Major/ who, as she alleges in her petition, was killed by the wrongful act of defendant, and she thereby deprived of his love, society, companionship, support, and maintenance, to her damage in the sum of $10,000, for which she asks judgment. The defendant’s demurrer — in effect, that plaintiff could not maintain the action — was sustained. As she failed to amend, her petition was dismissed, and she appeals.-

<p>Appeal from Jefferson District Court. — Hon., M. A. Roberts, Judge.</p> <p>Action to recover damages for slanderous words alleged to have been spoken by defendant to plaintiff, in the presence of others, imputing to her want of chastity. Verdict for plaintiff for $800 damages, on which judgment was rendered, from which defendant appeals.'</p>

<p>Appeal from Warren District Gouri. — Hon. A. W. Wilkinson, Judge.</p> <p>Proponent appeals from a judgment setting the will of Elizabeth Hanby, deceased, aside.</p>

— Hon. S. M. Elwood, Judge. Action to recover damages for malicious prosecution. There was a- jury trial, verdict and judgment for plaintiff, and defendant appeals.

— Hon. James D. Gamble, Judge. Suit in equity for tbe cancellation of a deed made by plaintiffs to defendant, and to declare and enforce a trust in certain real estate. Tbe trial court sustained a demurrer to the petition as amended, and plaintiffs appeal.

— Hon. S. M. Weaver, Judge. In its inception this was an action upon two promissory notes executed by defendant and his wife, Susan J., who was a party defendant. The action was aided by a writ of attachment which was levied on certain real estate claimed to belong to Susan J. Hoffman. Under it, also, one W. W, Hoffman was garnished as a supposed debtor of Susan J. Subseqriently a petition in equity was filed, bringing in W, W. Hoffman as a defendant.

— ITon. W. N. Treioiiler, Judge. The defendant, who ip a justice of the peace, having entered a judgment upon his docket against the plaintiff herein in favor of the Hawkeye Loan & Brokerage. Company, plaintiff sued out a writ of certiorari for the removal of such cause to the district court, alleging that the justice acted without jurisdiction. Petition dismissed and writ discharged, and the plaintiff appeals.

<p>Appeal from Webster District Court. — Hon. S. M. Weaver, Judge.</p> <p>The defendant appeals from a judgment for damages.</p>

.Appeal from Poweshiek District Court. — Hon. A. H. • Dewey, Judge. Action against defendant, who is a physician, for malpractice. Trial to a jury, verdict and judgment for plaintiff, and defendant appeals.

— Hon. W. N. Treichler, Judge. Action in equity to enjoin execution sale of a homestead. The district court denied the relief prayed for, and plaintiffs appeal.

— Hon. John E. Oliver, Judge. Action in equity to restrain the defendants from cutting and removing growing trees. The defendants claim under a parol contract with the plaintiffs’ intestate. Decree for the plaintiffs, and defendants appeal.

- — Hon. S. M. Weaver, Judge. Action to recover for personal injuries inflicted upon the wife of plaintiff by reason of a defective walk in defendant town. There was a jury trial, which resulted in a verdict for plaintiff, upon which judgment was rendered. Defendant appeals.

— TIon. William Hutchinson, Judge. Action to foreclose a mortgage executed by B. F. Brown and wife to plaintiffs May 1, 1897, but not recorded until December 1st of that year. Brown conveyed the land to Meyers November 1, 1897, and the deed was recorded the next day. The defendant Holmes claims under Meyers, Judgment was entered against Brown and wife, and at the following term, upon hearing, the petition was dismissed as to other defendants. The plaintiffs appeal.

— Hon. L. E. Fellows, Judge. Action in equity to set aside a sale made by defendant, as sheriff, under a chattel mortgage on a stock of jewelry given by plaintiff to Benjamin Allen & Co. Decree dismissing plaintiff’s petition for want of equity. Plaintiff appeals.

— Hon. P. B. Wolee,, Judge. Suit in equity for the specific performance of a contract for the sale of land, made by one of the defendants, with plaintiff, and to quiet plaintiff’s title to the premises-against all the defendants. The trial court denied the claim for specific performance, found that plaintiff was the owner of an undivided two-thirds of the real estate, that defendant Geo.

— Hon. A. E. Dewey, Judge. The plaintiff brings this action to recover wages due under a contract of employment with the defendant and for money paid out for the defendant’s use. It involved an accounting between the parties, and was referred to and tried by a referee, whose report' was confirmed by the district court, and judgment rendered thereon for plaintiff. The defendant appeals.

— IIon. A. N. Hob-son, Judge. Plaintiee purchased a certain band cutter and feeder from defendant under a warranty, giving his notes therefor. The notes were paid, — the first one, while plaintiff, under the directions of defendant’s agent, was operatingthemachine •and trying to make it do the work promised; the others, after they had been transferred to an innocent third party. This action is to recover damages for the breach of such warranty.

<p>1 Negligence: Jury question. Where, in an action for the killing of plaintiff’s decedent at a railway crossing, the evidence as to whether defendant’s train gave the proper signals was conflicting, the question of negligence was for the jury.</p> <p>2 Contbibtjtory negligence: Jury question. Where plaintiff’s decedent was struck by defendant’s train at a street crossing while decedent was attempting to drive back a cow which had escaped from him, his failure to look and listen was not contributory negligence, as a matter of law, but the question was for. the jury.</p> <p>3 Same: Instructions. An instruction that it was decedent’s duty to exercise such care for his own safety as a person of ordinary care would exercise “in a case of like danger,” was not open to the objection that it imposes merely “ordinary” care on a person approaching a railway track.</p>

■Certiorari from Lynn District Court. — Hon. H. M. Eemley, Judge. In a cause pending in the district court of Linn county, wherein plaintiff sought judgment and the foreclosure of a mechanic’s lien against James McGuire, issues had been joined, and the case set down for trial November 12, 1900.

— Hon. W. F. Bean-nan, Judge. Suit in equity to establish and enforce laborers’ liens on a tax voted in aid of the defendant railway company. The trial court granted the relief prayed, and defendants appeal.

— LIon. J. F. Clyde, Judge. Action in equity to quiet plaintiffs alleged title to a certain quarter section of land in Winnebago county. Defendant Bowman claims to be tbe owner of tbe north half' and Olson claims to be the owner of the south half of said tract, while the intervener asserts title in himself adversely to both plaintiff and defendants. Such other facts as are necessary to an understanding of the issues 'are stated in the opinion. Judgment for defendant.

<p>Building and Loan Associations: May talce bond that prescribed security will'be furnished. Code, section 1898, forbids building associations to make loans except of real estate security, or on security of their own stock. The articles of a building association prohibited a loan on real estate for more than one-half its appraised value. Held, that though the building association could loan money only on the security prescribed by statute, it could, on receiving an application for a loan exceeding twice the value of the real estate offered as security-take a bond conditioned for the erection of such improvements on the land as would make the real estate exceed twice the loan, the loan not being mdde, in such case, on the security of the bond, hut it being taken only as incidental to the loan, and to assure the proper security; and such bond was valid.</p>

— Hon. Henry Bank, Jr., Judge. Action at law to recover upon a certificate of life insurance. From a judgment on a verdict in defendant’s favor, plaintiff appeals.

— Hon. John F. Oliver,, , Judge. Action in equity by sub-contractors to foreclose mechanic’s lien. The decree established plaintiff’s lien for a less amount than asked, and plaintiffs appeal.

— JIon. Walter. I. Smith, Judge. Action at law to recover damages on account of personal injuries alleged to have been occasioned by the defendant’s negligence. Verdict and judgment for plaintiff, and defendant appeals.

— Hon. F. II. Helsell, Judge. The plaintiff is a mutual insurance association, having for its object the insurance of growing crops against loss or damage by hail. .Any one having property insured thereby is a member, and. is entitled to one vote at the annual meeting for the election of directors on the first Wednesday of January each year.

— Hon. M. J. Wade, Judge. ' Action in equity to foreclose a chattel mortgage executed by defendant McHugh, and securing his two promissory notes. Defendant Kate claims a prior lien upon the property described in the mortgage, under a claim for rent. There was a trial to court, and judgment and decree for plaintiff. Defendant Kate appeals.

— Hon. H. Bank, Jr., Judge. Action in equity to recover judgment on notes exe■cuted by defendants in this and the other four cases submitted with it, to the National Home Building & Loan Association of Bloomington, 111., and transferred to plaintiff, and to foreclose mortgages given to secure payment thereof. Judgment in each case was rendered for the defendant, and the plaintiff in each case appeals.

— IIon. A. S. Blair, Judge. *• Action at law on a promissory note. Defendants . pleaded that the note was given in compromise of a criminal action, and that part of the consideration therefor consisted of an agreement not to presecute defendant W. E. Buxton for the crime of seduction. Trial to a jury, verdict and judgment for plaintiff, and defendants appeal.

— Hour. Fred O’Donnell, Judge. This is a contest over the probate of the will of Alice Goldthorp, deceased. It is claimed that testatrix lacked mental capacity, and that the will was the result of undue influence. Trial to a jury, verdict and judgment sustaining the will, and defendant (contestant) appeals.

— Hon. T. MGibbrson, Judge. Plaintiff is a judgment creditor of the defendant Fritz, and claims the personal property in controversy under the levy of an attachment. The interveners claim it as-mortgagees of Fritz. Trial to the court, and judgment for the plaintiff. The interveners appeal.

— Hon. A. S. Blair, J udge. Suit at law to recover, for personal damages caused by a defective walk. Trial to a jury, and verdict and judgment for the plaintiff. Defendant appeals.

— Hon. W. S. Withrow, Judge. Action in equity on a beneficiary’s certificate. Trial to tbe court, and judgment for tbe plaintiffs. Tbe defendant appeals.

— Hon. L. E. Fellows, Judge. Action in equity for the foreclosure of a mortgage made by the defendant Farwick to plaintiff, and for subrogation to the rights acquired by defendant Wenthold,Bruening, and Hemmer under certain other mortgages also made by the said Farwick. The cause was tried below upon an agreed statement of facts, and a decree entered dismissing the petition. Plaintiff appeals.

— Hon. A. N. Hobson, Judge. Dbeendant was indicted jointly with, three others for burglary. Each defendant asked a separate trial. This defendant was tried first, and was convicted, and from sentence on such conviction he appeals. —

— Hon. M. L Wade, Judge. This is a contest over the right to hold the office of clerk of the district court in and for Iowa county, each party claiming to have been elected thereto. The board of supervisors declared defendant to have been elected. In a proceeding before a court of contest, plaintiff’s case was dismissed. On his appeal to the district court, trial was had on the merits, and defendant was found to have been elected by a majority of five votes.

— Hon. I. N. Whitaker, Judge. Originally this was an, action for divorce, brought by plaintiff against her husband, Fred Keehn. Combined with it was an action to set aside a sale of real estate made by defendant Fred Keehn, in which his wife joined, 1 to his co-defendants Minnie and Lizzie Keehn. This conveyance was claimed to be in fraud of plaintiff, and she asked that it be set aside, and that she be awarded alimony in the sum of $10,000.

<p>Appeal from Pocahontas District Gourt. — Hon. W. B. Quarton, Judge-.</p> <p>Action in equity to foreclose a chattel mortgage given by defendant M. J. Roberts to secure the payment of certain notes executed by defendants M. J. Roberts, Al Roberts, and II. Roberts, and to enjoin the disposition of the property covered by the chattel mortgage to the prejudice of plaintiff’s rights thereunder. F. II. Plumb intervened, and asked that the proceeds of the foreclosure be first applied to certain other notes signed by the same defendants, with intervener as surety, maturing prior to the notes described in plaintiff’s petition, and secured by the same chattel mortgage. The court granted the relief asked by intervener, and plaintiff appeals.-</p>

<p>Offer to Sell: acceptance: Contracts. Plaintiff wrote to defendant, offering to sell to lrim a stock of drugs, and received in reply the following letter: “Your letter received this a. m. will be there Wednesday or Friday. If not, I will write you, stating when I can. Would like to have possession on November 1st. You can make invoice of the goods as you sell them, and then I could get in the April term of court for a permit." Held, that the letter did not constitute a binding acceptance.</p>

<p>Appeal from Scott District Court. — Host. Jas. W. Bollinger, Judge.</p> <p>An appeal from' tbe award of damages in condemnation proceedings.</p>

— Hon. M. C. Mat- . thews, Judge. Action at law begun July 13, 1898, to- recover damages alleged to have been occasioned to' plaintiff’s property by change in grade of street made in .August, 1896. Demurrer to petition having been overruled, defendant appeals.

<p>Appeal from Shelby District Court. — IIon. W. R. Green, Judge.</p> <p>Action upon a policy of fire insurance covering a stock of merchandise and store fixtures. There was a jury trial, resulting in a verdict and judgment for plaintiff, and defendant appeals.-</p>

<p>Appeal from Allmahee District Court. — Hon. L. E. Eel-lows, Judge.</p> <p>This is a special action in which. John Downing, a grandnephew of' John Nicholson, deceased, asks the court to declare him to be a devisee under the will of the said Nicholson, and to order distribution of the estate accordingly. The trial court granted the relief asked, and the executrix appeals.</p>

.Appeal from Polk District Court. — How. C. P. Holmes, Judge. Plaintiff ivas the owner of a house and lot in the city ■of Des Moines. Defendants, as a firm, were engaged in the real estate business in said city. In the fall of the year 1894, plaintiff placed her property in the hands of defend.ants for sale. On September 28th, through negotiations had by defendants, plaintiff entered into a written 1 contract for the sale of said real estate to M. H. King.

— TIon. W. H. Tedeord, Judge.- . Plaintiee began an action against Wm. D. Wood July 5th, 1899, and caused certain land devised to him by his father, Jeremiah Wood, to be attached. The interveners, children and grandchildren, as residuary legatees under the will, filed a petition of intervention, alleging that said William, an unmarried man, left his home about 15 years previous, and had not been heard from for more than 7 years prior to the death of his father.

<p>Appeal from Hamilton District Gourt. — Hon. J. II. Whitaker, Judge.</p> <p>Action at law to recover damages for excavating a street in front of plaintiff’s premises, Avitho-ut folloAving the-statute witli reference to tbe establishment of grades. Trial to a jury. Verdict and judgment for plaintiff, and defendant appeals.- —</p>

— IIon. W. N. Treioiiler, Judge. Action in equity to establish and have set aside to her the plaintiff’s distributive share of her deceased husband’s estate. Judgment for the defendants, from which the plaintiff appeals. —

— Hon. A. K. Dewey, Judge. Action by the widow of Watkin Williams, deceased, for admeasurement of her dower interest out of real property of deceased. Demurrer to plaintiff’s - substituted petition sustained, and judgment thereon rendered for defendants, from which judgment plaintiff appeals.

— Hon. Obed Caswell, Judge. The defendant is a fraternal life insurance association. Charles Beverly became a member of said association September 22, 1897, and died April. 21, 1898. His widow, Anna Beverly, who is the beneficiary named in the certificate of membership, brings this action thereon to recover the sum of $2,000, and to require the proper officers of said association to levy and collect such assessments upon the membership as may be necessary to meet her demand.

<p>1 2 Fraudulent Representations: knowledge of falsity. In an action for fraudulent representations in the sale of a patent right it is incumbent on plaintiff to show not only that defendant made the false representations, but also that he Knew or had reason to believe their falsity at the time, and evidence .that defendant believed in their truth should be received.</p> <p>3 Same: Instructions. In an action for fraudulent representations, a.charge that, if defendant .falsely represented that his patent covered certain property, plaintiff could recover whether or not defendant knew his representations to be false, is error, and is not cured by the fact that the court in other portions of the charge included the element of fraud in stating what was necessary to make out plaintiff’s case;</p> <p>4 Evidence: Agency. In an action for fraudulent representations inducing a sale, where it is claimed .that part of the representations were made by a third person at the instance of the defendant, testimony as to what the third person said, after the sale was made, about being in defendant’s employ, is inadmissible. ■ 1</p>

— Hois. John F. Oliver, Judge. On tlie 1st day of March, 1891, and on the 1st day of 'October, 1892, the defendants N. W. and E. E. Goodman executed and delivered to Stuckslager & Aurocher their promissory notes, which were put into judgment on the 12th day of September, 1894. An execution'issued on this judgment, and the land in controversy was sold to satisfy the same.

— IIon. F. H. ITelsell, Judge. Action begun at law to recover damages for injuries to crops by trespassing animals.

<p>Appeal from Page District Court. — I-Ion. A. B. Tiiornell, Judge.</p> <p>The defendant appeals from a judgment for damages occasioned by tbe alleged negligent killing of F. E. Pearl. — ■</p>

<p>Trial De Novo: review ojp evidence: Divorce. As the sufficiency of the case made and the credibility of the parties depends so much on their appearance, a decree of divorce on the ground of cruel and inhuman treatment, endangering life, will not be disturbed on the ground of insufficiency of the evidence, though the case is triable de novo >on appeal; there being testimony that defendant was a man of hasty and violent temper, and when angered used profane and abusive language; that, excited over trivial matters, he slapped" plaintiff’s face on two occasions, — once quite' violently; that he refused her request, when sick, to send for a neighbor; that at the birth of a child he questioned its paternity; that he cursed and called her vile names in the presence of her children and others; that he ■denounced her parents and friends; and that by reason of such treatment she was tormented with fear, and made ill, weak, and nervous, thus tending to endanger her life.</p>

— Hon. James D. Smythe, Judge. The facts set out in tbe petition may be summarized as follows: On April 19, 1879, one Warren Dee, being tbe owner of a tract of real estate wbicb was subject to a judgment in favor of John S. Woolson, sold and conveyed said real estate, for a valuable consideration, to tbe Western Wheel Scraper Company, and the latter, on 1 March 3, 1897, conveyed tbe same to plaintiff. Tbe deed from D’te contained general covenants of warranty.

— Hon. J. F. Oliver, Judge. Action to recover a balance alleged to -be due for real estate sold and delivered defendants. Defense, false and fraudulent representations in the sale of the land, and an accord and satisfaction. Trial to a jury which returned special findings and a general verdict for plaintiff. Defendants moved to set aside the general verdict, and for judgment on the special findings. This motion was overruled, and they appeal.

— Hon. H. M. RemlbyJ uclge. This action was brought to recover possession of real estate. An answer and cross petition were filed, setting up an equitable defense and prayer for relief; whereupon, on motion of the defendant, the cause was transferred to the equity side of the docket, and tried as an equity case. Judgment was rendered for the defendant, and the plaintiff appeals.

<p>1 Evidence: failure to stamp instrument: Proof of fraudulent intent required. Under the United States internal revenue law of June 13, 1898, declaring instruments invalid from which stamps have been omitted with intent to defraud the government, the intent must be shown by the party relying on such omission, before an unstamped instrument will be inadmissible in evidence.</p> <p>2 Same. Under the United States internal revenue law of June 13, 1898, providing that no unstamped instrument shall be admitted in evidence until a stamp shall be affixed thereto, a stamp may be affixed at ány time before such instrument is offered in evidence.</p>

— IIon. F. W. Eich-elberger, Judge. The defendant Jordan is accused by plaintiff of selling intoxicating liquors to Ler husband, notwithstanding notice to desist, and producing his intoxication, and judgment for damages demanded against him and the sureties on his bond. Trial to jury resulted in a verdict against defendants, on which judgment was entered,-and they appeal.'

— IIon. J. R. Whitaker, Judge. Action by plaintiff, as owner of a street car line in defendant city, to enjoin the collection of a special assessment for paving a street on which the line in situated. The Iowa National Bank intervened, claiming to be the owner, by assignment from J. W. Campbell, of certificates issued for the assessment against the street car line, and asking to have such certificates enforced against the plaintiff or the defendant city.

Frank B,. Gaynor, Judge. Lawrence Holmes brought action, through his attorney, Martin Nielan, against Baxnabee et al., in the district court of Woodbury county, for the conversion of certain trunks. Original notice of the suit was served in 1 Sioux City, Iowa, on one Bacon, who, it is claimed, was acting manager and treasurer of the Bostonian Opera Company. The defendants in that action made default, and plaintiff recovered judgment for the sum of $385.

— IIon. James D. Gamble, Judge. Action against defendant, a fraternal beneficiary association, to recover tbe benefit due under a certificate issued to one Walter L. Brooks, benefit payable to plaintiff, Ms wife. Verdict for defendant, wMeh was set aside on plaintiff’s motion for a new trial. Defendant appeals.

.Appeal from Harrison District Oourt. — Hon. G. W. Wakeeield, Judge. ’ Plaintiee filed a claim based on a promisory note against tbe estate of W. II. Wilsey, deceased, of wbicb de•fendant is tbe executor. Two> defenses were interposed: (1) Tbe general statutes of limitations; and (2) that tbe claim ■was not filed and proved witbin tbe time fixed by law for so •doing.

— Hon. W. B.. Quarton, Judge. Action at law to- recover damages for personal injuries; sustained by plaintiff while passing along .and over a sidewalk in the defendant town. Trial to a jury, verdict and judgment for plaintiff, and defendant appeals.

— Hon. J. R. Whitaker, Judge. This action is brought, under section 2418 of the Code, to recover damages arising from the sale of intoxicating liquors to the plaintiffs husband. There was a trial to- a jury, and a verdict and judgment for the plaintiff, from which the defendant Apland appeals.

- — Hon. T. M. Giberson, Judge. Action to recover $500 as commission for tbe sale of real estate, and $25, the amount paid by plaintiff to defendant to secure an option on the same real estate, which it is alleged defendant failed and refused to return to plaintiff as agreed. Judgment on verdict for plaintiff, from which defendant appeals.

— IIon. W. B. Green, J udge. The history of this case is as follow5*: On the fifth of February, 1884, in Shelby county, Iowa, D. M. Wyland was appointed guardian of Benjamin, Catherine, and Schuyler Blakeney, minor heirs of Susan Blakeney, deceased. 1 The minors were residents of Barry county, Mich., and the guardianship- proceedings appear* to have been instituted for the purpose of conveying their fractional interest in a tract of land in Shelby county.

— Hon. James D. Smyti-ie, Judge. Action to recover the value of a horse injured, as is alleged, while being transported from Oswego, Kan., to Yoakum, Tex., through the negligence of the agents and servants of the Missouri, Kansas & Texas Railway Company. Defendant is sought to be held liable on a contract of affreightment issued by its station agent at Houghton, Iowa, for through shipment of certain stock from that point to Yoakum, Tex.

— Hon. Chas. A. Bishop, Judge. Action in equity asking the cancellation of an alleged void judgment rendered in the district court of Jones county, Iowa, and to enjoin execution thereon.

-— Hon. S. M. Elwood, Judge. Suit iu equity to foreclose a mortgage executed by defendants Sutton to James Taylor to secure the payment of two notes aggregating over $1,700. Plaintiff, Kelliher, obtained the notes and mortgage from Taylor after maturity, and he makes the Suttons and numerous of their judgment-creditors parties defendant.

— Hon. N. K. Gay- . nor, Judge. A suit to recover for injuries received by falling from •one of i'he defendant’s waits. There was a trial to a jury, and a verdict and judgment for the plaintiff, from which the defendant appeals.

— Hon. O. P. Holmes, Judge. Action for damages. Trial to jury resulted in. verdict and judgment for tbe defendant. Tbe plaintiff appeals.

<p>1 Boundaries: starting point. Where, in. an action, under the Code, to settle a disputed boundary line, the commissioner reports that he could not fix the line without locating a certain section corner, and that he did locate such corner, hut his report as to such location was not confirmed, because the parties interested therein were not parties to the action, the location made by him was sufficient as a point from which to measure in locating the boundary disputed in the action.</p> <p>2 Evidence: Review on appeal. Where, in an action to settle a disputed boundary, the evidence as to the true location of a government section corner is contradictory, both before the commissioner and before the trial court, and the court confirms the report as to the disputed boundary as measured from the commissioner’s location of such corner, such findings of the commissioner and the court will not be disturbed.</p>

<p>Appeal from Pottawattamie District Court. — Hon. Walter I. Smith, Judge.</p> <p>Action for the collection of collateral inheritance tax. Petition dismissed, and plaintiff appeals.</p>

— Hon. Eranklin 0-Platt, Judge. Suit for the foreclosure of a mechanic’s lien. The trial court granted the relief prayed, and defendants Hathaway appeal.

This is a certiorari proceeding brought in this court to test the validity of an order made by the defendant discharging one Mark Ohiesa from the charge of contempt in violating an injunction restraining him from selling intoxicatin liquors.

— Hon. J. H. Apple-gate, Judge. Action on a policy of insurance for $5,000, issued in ^Tanuary 1898, by defendant on the life of Hannah S. Peterson, and payable to plaintiff. Insured died in August, 1898. Defendant alleges false statements made by assured in the -application as constituting fraud and breaches of warranty. Verdict and'judgment for plaintiff. Defendant appeals.—

<p>Appeal from Woodbury District Court.- — Hon. Frank R. Gaynor, Judge.</p> <p>The plaintiffs are creditors of the Hnion Dry Goods Company, a corporation organized under the laws of this state, and bring this action against the defendants as stockholders in said corporation, alléging a failure to comply with thq statute in publishing the notice of incorporation. The place of business of the Hnion Dry Goods Company was in Sioux City, and the only notice of the incorporation thereof was published in the Danbury Review, a weekly newspaper published in the town of Danbury, Woodbury county. The town has a population of about 800, and is. distant from Sioux City by wagon road 56 miles, and by railroad 64 miles. A demurrer to the answer was sustained, and a judgment rendered for the plaintiffs upon the pleadings. The defendants appeal.</p>

<p>Appeal from Hancock District Oourt. — Hon. O. H. Kelkey, Judge.</p> <p>The defendant appeals from judgment convicting bim of obtaining property under false pretenses.</p>

— IIon. W. Gr. Thompson, J udge. Action to recover damages for injury-caused to real estate by a change of grade in the streets upon which said property abuts. The case was taken from the jury on defendant’s motion, and a judgment rendered in its favor for costs. Plaintiff appeals.

<p>Appeal: matters affecting one not before' the supreme court. Plaintiff sold land to S., who executed _a purchase money mortgage. Thereafter the land was conveyed to D., and a claim against plaintiff for alleged shortage in acreage was assigned to D„ D. filed a cross claim for $1,700 for shortage in the acreage; and asked that the notes and mortgage to that extent be canceled. Judgment for the full amount was entered against S., . the relief denied D., who appealed. 'Held, that, if relief be granted D., and the lien on the land reduced to that extent, the judgment against S. would remain unsatisfied, and S, would be affected by the appeal, and no notice thereof having been served on S., it would be dismissed.</p>

— Hon. W. F. Bran-nan, Judge. Action of right to recover possession of real estate. Defendants denied plaintiff’s title, and also pleaded a counterclaim for deficiency in a tract of land purchased of plaintiff. • Trial to a jury. Verdict and .judgment for defendants, and plaintiff appeals.-

— Hon. J. B. Whitaker, Judge. Plintiee, in 1891, recovered judgment in the district court of Boone county in a foreclosure proceeding against Soderquist, in which Reed was attorney fox plaintiff.

— Hon. M. J. Wade, Judge. Notion to set aside a deed alleged to- have been procured through the fraudulent representations of the grantee. Judgment for the plaintiff, and defendants appeal.

<p>Appeal from Woodbury District Court. — Hon. P, R. GS-ay-nor, Judge.</p> <p>The petition is in three counts. In the first a claim is-made for a commission of $650 for the sale of certain real estate in Woodbury county. In the second count an. additional claim is made for $104.50 for renting and attending to said land, and furnishing wire for use thereon. The third count we need not set out. The cause of action therein stated was withdrawn by the court from the- jury, and no appeal was taken from such action. The answer sets up, in substance> that the real estate in question was owned by defendant; that the contract under which plaintiff claims to' have sold the same, and upon which he sues, was executed by her husband, without her authority. A counterclaim is also interposed'; but, as it was taken from the jury by the trial court and no exception founded on the ruling, we need give it no1 further attention. There waá a trial to" jury, verdict and judgment for plaintiff, and defendant appeals.—</p>

<p>Appeal from Dubuque Dislrict Court. — Hon. Fred O’Donnell, Judge.</p> <p>Plaintiffs obtained a personal judgment in Jo Daviess county, 111., against Oonrad May, a resident of Grant county, Wis. Herman May, a resident of Dubuque, in tliis state, was garnished on execution, as a supposed debtor of the judgment defendant, by process issued out of tbe court where such judgment was rendered, and wbicb was served on said garnishee in Jo Daviess county, aforesaid. Judgment was duly rendered in the latter named county against the garnishee, and the present action is founded upon said judgment. After this action was begun, Conrad May intervened, claiming, on various grounds, which, will be later noticed, that the judgment so rendered against him was invalid and of no effect- The trial was to a jury, but at the close of the testimony, the court on the request of plaintiffs, instructed the jury to find in their favor for the amount claimed. Such a verdict was returned, and from the judgment rendered thereon defendants appeal.-</p>

<p>Appeal from the Pottawattamie District Coxtrt. — Hon. W. R. Green, Judge.</p> <p>Action to quiet title. Tlie plaintiff appeals from decree dismissing ber petition.</p>

— Hon. M. J. Wade, Judge. Action to foreclose a mortgage, executed by defendant Rock. The other defendants were made parties, for the purpose of having their interests declared inferior to the claim of plaintiff.

— Hon. H. jVL Towner, Judge. Action at law to establish disputed corners and boundaries under section 4228, Code. From a judgment in plaintiff’s favor, defendant appeals.

Appeal' from Fremont District Court. — Hon. Walter, I. Smith, Judge. This is an action on a promissory note payable to plaintiff. Defense, payment. There was a jury trial. Verdict and judgment in plaintiff’s favor. Defendants appeal.—

— Hon. 'Eobert Sloan, Judge. The petition recites that plaintiff intestate, E. M. Cotton, held a certificate of life insurance in the Y. A. S. Security Life Association for $2,000; that by written contract between said V. A. S. Security Life Association, which, for brevity, we shall hereafter designate as the “Security Company”, and the defendant, the latter accepted, on consideration, a transfer of the membership of the former, and adopted its contracts, certificates, and…

— Hon. S. F. Pbouty, Judge. Action to enjoin the use of a portion of an alley by ■defendant for any purpose other than a side track, and for specific performance of agreement to vacate. Decree granting first part of relief as prayed, and denying the last. Plaintiff appeals.

— Hon. Charles A. Bishop, Judge. At the general election of 1898 the following’ proposition was submitted to' and voted for by a majority of the electors of Pollc county: “Shall a new court house be erected in Des Moines, Iowa, to cost not exceeding $400,000, and shall the board of supervisors borrow money for the erection thereof, and issue bonds of Polk county for such indebtedness, and shall the board of supervisors, commencing with the year 1899, and for a period not…

— Hon. J. C. Sherwin, Judge. Action at law to recover damages for injuries done plaintiff’s goods through defendants’ failure to use proper care and diligence in repairing the roof of a building belonging to J. L. Whitley, deceased, in which said goods were stored. The trial court directed a verdict for defendants, and plaintiff appeals.