Volume 28 — Iowa Reports

Defendant was indicted and convicted of stealing three head of cattle. Upon the trial his counsel asked the court to instruct the jury, that, in the words of the record, “ it was necessary for the prosecution to introduce the owner of the property to prove non-consent, and, having failed to do this, defendant should be acquitted.” This instruction was refused.

Action upon a life insurance policy. ' This case has before been in this court, and the decision may be found reported, in 26 Iowa, 110. Upon the return of the cause to the District Court another trial to a jury was had, and resulted in a verdict for plaintiff for the amount of the policy and interest, $1,662.50. The only question of fact in the case was as to the death of the insured, Edgar Tisdale.

Bill in equity to set aside certain tax deeds; defendant demurred upon the grounds : 1. Facts stated do not show a cause of action. 2. Petition shows affirmatively that the cause of action is barred by the special statute of limitations. Eev. § 790. Demurrer sustained and plaintiff appeals.

Action to recover for medical attendance at poor-house, for two months, under contract with the county. The claim was presented to the board of supervisors, and was rejected by them.

Conspiracy. The appellant and his brother Michael were indicted under section 4408 of the Revision for fraudulently and maliciously conspiring together to injure the dwelling-house of one Margaret Flynn. The appellant was separately tried, found guilty, sentenced, and appeals.

In the month of July, 1847, the plaintiff Anna M. Pfiffner and J. A. Pfiffner intermarried, and have ever since lived together as husband and wife. In 1851 J. A. Pfiffner purchased the south one-fifth of lot 496 in the city of Dubuque, being less than one-half acre; and he and his wife and their family have ever since occupied the same as their homestead, and still so occupy it.

Plaintiff alleges in his petition the grant of swamp lands within the State, to the State of Iowa, by act of Congress approved Sept. 28, 1850, and the grant by the State to the counties respectively of the swamp lands situated therein, by act of the legislature, approved January 13, 1853, and the acceptance by the State and counties of the respective grants; that said grants were made for the purpose of draining and reclaiming the said swamp lands.

Action for malicious prosecution. It appears that Shaul sold to Brown a female dog and received therefor six dollars in money; Shaul also claimed that he was to have the choice of the female pups from the first litter the said female dog should bear; this claim Brown denied. The said female dog bore her litter and Shaul in due time called for his female pup.

The defendant filed an information before a justice and caused plaintiff’s arrest, for the alleged stealing of a certain calf) the property of, etc. Plaintiff was discharged, and thereupon commenced this action, claiming, first, for the value of said calf (the possession of which it seems defendant in some way obtained); second, for ££ malicious prosecution ” (the original notice says for “ false imprisonment,” but the court and counsel seem to have ignored this…

This originally was an action at law to recover the possession of certain lands. Defendant’s answer sets up an equitable defense, and is in the nature of a cross-petition, praying for affirmative relief against plaintiff and I. M. Preston and J. H. Preston, who were made parties thereto. The cause was transferred to the Chancery docket.

Suit in equity to enjoin defendant from negotiating a promissory note for eleven hundred dollars, dated September llth, 1867, and payable on or before the first day of September then next, executed by the plaintiff as principal, and one S. A. Kussell as surety, to the defendant or order.

Action in chancery to foreclose a mortgage. Decree for plaintiff. Defendants E. J. Ingersoll, James Callanan, Jr., and James A. Williamson appeal. The facts of the case appear in the opinion of the court.

National and State courts : conflict of authority, ETC. : APPLICATION FOE A WETT OF HABEAS 'CORPUS.-The petitioners for tbis writ are the supervisors of the county of Lee, in the State of Iowa. The defendant in the petition for the writ is the deputy United States marshal for the district of Iowa. The defendant appeals from an order discharging the plaintiffs from his custody.

Action in chancery.- — -The facts disclosed by the record are substantially as follows: In the month of September, 1851, one John Norley died intestate, seized in fee simple of the real estate described in the plaintiff’s petition, and leaving as his widow the defendant, Sarah Ann Fifield, then Norley, and the defendant, Mary Norley, then an infant under the age of two years, his only child.

<p> Appeal from PoTk District Oowrt. </p> <p>Requisites of petition: setting aside default.— Action to foreclose a mortgage. Judgment by default. Defendant appeals.</p>

Action upon a sheep contract. The defendant Cassell was alone served with notice. Defense, usury. There was a trial to a jury, who returned a special verdict, on which the court rendered a judgment sustaining the defense. The plaintiffs appeal. The further facts are stated in the opinion.

Action to recover for one-half the value of a partition wall from the defendant J. L. Curtis, who had used the same as a wall, and for support of his building. Bufus Wilsey intervened, and claimed to recover for the wall, in liis own right.

Muscatine County). Homestead: prior decision referred to. — The petition is follows: The State of Iowa, ) Muscatine County, j ’ William McCormick v. J. A. Bishop. To the District Court of said County: 1. Tour petitioner, above named, represents, that prior to the month of July, A. D. 1860, he was the owner in fee of the west half of lot No. 2, in block No. 33, in the city of Muscatine. 2.

Yoluntary conveyance: delivery oe deed, etc.— The defendants are the children of the plaintiff. The object of the petition is to remove the cloud which it is alleged that two deeds from the plaintiff to the defendants cast upon the title of the former to the lands thereby conveyed. In 1859, one Beaver, having the legal title to a tract of land belonging to the plaintiff, conveyed the same, at the plaintiff’s request, to his (the plaintiff’s) minor children.

Replevin. Plaintiff, a married woman, claims tbe property (a bay mare) in her own right. Defendant justifies the detention, as constable, under an execution against plaintiff’s husband, in favor of one Decker. In tbe District Court, to which the case was appealed by tbe plaintiff, tbe cause was beard before a referee, wbo found tbe facts, and thereon, that the law was with the defendant.

Action by Hiram Reed and others, heirs at law of Prescott H. Reed, deceased, against the defendant Clifton K. Howe, as administrator of the estate of said P. H. Reed, deceased, to compel an accounting by him as such administrator; to set aside an alleged fraudulent settlement made by him as such administrator with the county judge; to set aside certain conveyances of real property to him personally, and quiet the title in plaintiffs, on the ground that the same was purchased…

Contract : quantum meruit : “ extras ”: damages, etc. — The history of this cause prior to the last trial appears in 16 Iowa, 59. The plaintiff first declared on tbe written contracts by which be was to furnish the materials and do the carpenter wort for the defendant’s court-house. The first contract was made June 9, 1856; the second May 14, 1857.

pLArNTiEE claims of defendant one hundred dollars, with interest since J anuary 5th, 1864, as bounty due him for enlistment under the following resolution of the board of supervisors of said county, passed December 14, 1863: aNeso1/oed, By the board of supervisors of Buchanan county, that we hereby appropriate, out of the funds belonging to said county not otherwise appropriated, the sum of one hundred dollars to each man who may enlist and be mustered into the military…

Gormty), The plaintiff brings this action against the defendants, who were the judges of a certain election described in the petition, and claims damages against them for maliciously and willfully refusing to receive his ballot or allow him to vote. Answer in denial.

Default was entered against the respective defendants in these actions for want of appearance, and judgments rendered thereon at the October Term, 1868, of the District Court of Polk county. During the same term a motipn was made by defendants, in each case, to set aside the default and judgment rendered thereon, which was refused. From this ruling in each case the defendants appeal.

Action at law to recover possession of forty acres of land. The petition is in the usual form, and was filed May 7,1869. Answer: 1. In denial. 2. Setting up title in the defendant under a tax deed, dated and recorded in November, 1863, and claiming the benefit of the five years’ limitation provided for in section 790 of the Revision. The answer contains no allegation as to possession of the property during the five years.

Action upon a subscription to the capital stock of plaintiff; verdict and judgment for plaintiff; defendant appeals. The facts of the case sufficiently appear in the opinion.

Action upon a note. Defense, payment, in the note of a third party. Plaintiff, admitting the receipt of said note, says it was taken as collateral. Trial, and verdict for plaintiff, and new trial ordered. See 21 Iowa, 335.

. Appeal from General Term, Eighth District (Jolmson County). Equitable proceeding to enjoin the collection of taxes for the year 1865, levied upon plaintiff’s personal property. The District Court decreed the relief prayed for in the petition; this judgment was reversed in the General Term, and plaintiff appeals to this court. The facts appear in the opinion.

The plaintiff made a motion, in the County Court, to correct its records in order to show the fact that a certain claim, based upon a promissory note, filed by him in said court, against the estate of which defendant is the administrator, was, at the time of the filing, sworn to, and that he had permission of said court, to prosecute the claim originally in the District Court.

Partition. — The lands once belonged to George Piirsell, and descended, with others, to his heirs. Held: as her own, four-sevenths of said land, and the husband three-sevenths, and that the husband would be entitled to his dower right in said four-sevenths, to wit: one-third of four-sevenths, leaving the balance of said four-sevenths to them in their own right.

Action for the recovery of real property. Each party claimed to be the absolute owner of the land. Yerdict and judgment for plaintiff. The defendant appeals.

Action upon a bond executed by I. L. Allen, to plaintiff, for the conveyance of certain real estate. The cause was referred, and upon tbe report of the referee judgment was rendered against defendant for the sum of $140.38. Plaintiff appeals. Pending the appeal, Allen died, and his administrator is substituted as defendant. The further facts are stated in the opinion.

Action to recover the value of work and labor done by plaintiff for defendant. Verdict and judgment for plaintiff. Defendant moved the court for a new trial on the ground that the verdict was contrary to the evidence; that the defendant was taken by surprise at the trial; that he discovered new evidence after the trial; and that certain witnesses were not permitted by the court to testify after the evidence was closed, and the arguments of counsel had been made.

The plaintiff, in an amended petition, avers that her intestate, John Sobey, on the first day of February, 1864, leased of the defendant, John Beiler, his farm, in Dubuque county, for one year, and entered into possession thereof; that, in August, 1864, her said intestate agreed with the defendant to lease from him his said farm for another year from the expiration of said first lease, to wit, February, 1865, and that he remained on said farm and made arrangements to work…

Thomas Lynch, the father, commenced this proceeding in equity, to set aside a deed made to the defendant, his son, alleging that it was obtained by fraud, upon an agreement to reconvey, etc. The making of the deed is admitted in the answer, and every other material allegation denied. The parties, by written agreement, tried the case, by the second method of trying equitable actions. It was submitted to a jury; verdict for defendant, and plaintiff appeals.

Trespass to real property. — Tbe parties claim title from a common source. They are mill owners, their machinery being propelled by water, taken from the same dam. Plaintiffs’ mill is immediately above, and contiguous to, that of defendant. The water which propels the machinery of the latter, is brought through a race, running immediately in front of plaintiffs’ mill, and through their premises.

The plaintiff claims, in his petition, to recover upon an order drawn by the president and secretary of defendant, upon the treasurer, for $342.10, dated July 7, 1865, and payable on the 10th day of April, 1867, with ten per centum per annum interest, to Andrews & Bigelow or bearer. The order specifies that it is payable out of the contingent fund, and was given for maps, globes and other school apparatus.

Plaintiff claims one hundred and fifty dollars, with interest, as the “bounty offered to volunteers” by certain resolutions of the supervisors of the county, adopted on the 5th and 6th days of January, 1865. For these resolutions and the general facts of the case reference is made to the former appeal, 25 Iowa, 569. On the retrial, plaintiff had judgment; this was affirmed by the General Term, and defendant again appeals.

Action on a promissory note made by the defendant, payable to Benjamin Pearson or order, and not indorsed to plaintiff or any other person. Defense, payment to the party entitled to receive the same. There was a trial to the court, and judgment rendered in favor of plaintiff for the amount of the note, interest and costs. The defendant appealed to the General Term, where the judgment was affirmed. The defendant now appeals to this court.

Rowland brought an action at law against Hunt’s tenant, to recover certain lands, claiming title under a tax sale and deed. Hunt was substituted as defendant, and filed his bill in equity, setting up title to the land, and that Rowland’s .tax title thereto was obtained by fraud. The issues both at law and in equity, upon trial, were found against Hunt, who appealed to this court. Upon that appeal the judgment of the District Court was reversed, and the cause remanded.

Action for forcible entry and detainer. On the trial before the justice of the peace, where the action was brought, there was a judgment for plaintiffs, pursuant to which possession of the premises was delivered to them. The defendant appealed to the District Court. Trial was there had to the court, which resulted in a judgment for defendant, and an order for restitution of the premises to him. From this latter judgment the plaintiffs appeal to this court.

This case was before this court at tbe December Term, 1868 (26 Iowa, 315). By reference to the statement therein, it will be seen that the District Courtl£ found the facts ” and, thereon, that the law was with plaintiff, and rendered judgment accordingly.

Plaintiff had judgment by default before a justice of the peace, on the 25th of July, 1868. On the 12th of August, thereafter, defendant obtained a writ of error, alleging that the original notice was not served as required by law, in that the return (service being by leaving a copy) did not show the name of the person with whom the copy was left, nor at whose house left, nor that said house was defendant’s usual place of residence.

This action was commenced in 1867, and the petition alleges, in substance,— 1. That in October, 1860, the plaintiff was the owner in fee of the property in dispute. 2. That at that date the president and secretary of the plaintiff, without authority, or without sufficient authority, conveyed the property to the defendants. 3.

Collateral security: conversion of collateral.— This is an action by the payees against the makers of the promissory note for $884.88 described in the agreed statement of facts below set forth. The defendant pleads that the note is paid and satisfied, setting forth the facts as hereafter stated.

Action in equity to enjoin the defendant, Dan.'Ellyson, assessor for the city of Des Moines, from requiring the agent of the plaintiff, at Des Moines, to give a sworn statement of the gross receipts of his agency, etc., and to enjoin the defendants, their agents, servants, etc., from taking any steps for the taxing of plaintiff’s property, under chapter 180 of the laws of the Twelfth General Assembly. That act is claimed to be unconstitutional.

The plaintiff is an attorney at law, and prosecuted an action in favor of Nancy Haywood against defendant in this case, and recovered judgment therein. After the rendition of the judgment, he served defendant with a written notice, to the effect that he claimed a lien upon the judgment for the sum of $35 for his fees, as the attorney of plaintiff in the case, and requiring defendant not to pay the judgment to the plaintiff.

Proceeding in equity to set aside a deed made to the wife, Melinda, and subject the property therein conveyed to the payment of a judgment in favor of plaintiff’s intestate against the husband, D. II. McBride. It is claimed that the conveyance was made to the wife in fraud of the rights of creditors.

<p>1- Judgment! estoppel: bes adjudicata. Defendant demurred to a petition in equity upon Which an inj unction had. been granted, and the demurrer was sustained, but no judgment was entered thereon, and the plaintiff had leave to amend. Afterward the parties agreed ■in writing that the surety in the injunction bond should be released from liability thereon except for costs, and the plaintiff abandoned the action. Meld, that such prior proceedings did not constitute a bar to a future action.</p> <p>2. Contracts! illegal contract : compounding felony. A contract for the compromise or compounding of a felony is illegal, and the parties thereto being in pari delietu, the law will not afford affirmative relief to either, but leave them as it found them.</p>

This case has before been iu tbis court. See 23 Iowa, 579. It is an action upon a bond, the condition of which-is as follows: “ Whereas, the above bounden Jeremiah Hufford, is arrested and now in custody of the sheriff of Monroe county, Iowa, by virtue of a warrant issued by Thomas E. Peters, a justice of the peace of Monroe county, aforesaid, on an information filed before said justice, by Robert H. Pollock, accusing him, the said Jeremiah Hufford, of murder in the second…

Defendant was indicted, tried and convicted of tbe crime of rape, in the District Court, and, this judgment being affirmed by the General Term, he now appeals to this court. The sentence was imprisonment in the penitentiary for fifteen years.

Appeal from, Lee District Qourt. Action by indorsee of a negotiable promissory note, against the maker. Judgment for defendant, and plaintiffs appeal.

The defendant avers, in his answer, that one John W. Berry, being the owner and in possession of the personal property described in the petition, mortgaged the same, with other property, to defendant, to secure a certain promissory note executed by him prior to the date of the mortgage; that this mortgage was duly filed for record before plaintiff acquired the title under which he seeks to recover the property; that under this mortgage defendant took and holds possession of…

Appeal from Marshall District Cov/rt. Proceeding to foreclose a mortgage. Decree for plaintiff. Defendant, Rogers, appeals. Tbe facts are set out in the opinion.

Certiorari. — Tbe defendants, proceeding under sections 1317, 1318 and 1320 of tbe Revision, had tbe damages assessed to tbe several owners, sustained by reason of tbe appropriation of tbe right of way over and across certain lands, etc. This was in January, 1869, and in May of that year, plaintiff, tbe owner of eighty acres of land, tbe damages to which were thus assessed, obtained this writ, and upon tbe coming in of tbe return of tbe sheriff, tbe entire proceedings were…

<p>Practices rendition oe judgment by Supreme Court. Under section 3536 of the Revision, the Supreme Court, in reversing a judgment appealed from, may render such 'judgment or order upon the facts, as the District Court should have rendered.</p>

Afyeal from General Term, Fifth District (Madison County). This is an equitable proceeding.

Action on a note executed by Peter Hertz and W. H. Postlewait; tbe latter signed the note “ as surety ” for the former, and those words were annexed to his signature. This suit is brought against Postlewait alone, the principal maker being a non-resident. The defense is that he was only surety, and the plaintiff had, by contract, extended the time of payment to the principal without his consent, and the principal is now insolvent.

This action was commenced June 16,1868. The petition claims upon a note made June 8, 1857, due in sixty days, for $315, and alleges that “ on the 15th day of July, 1858, there was paid on said note the sum of $130.29.” A copy of the note is attached, and an indorsement thereon to the effect that the payment aforesaid was made “ by collection of one Runner.” To the petition, defendant demurred, upon the ground that it appeared therefrom that the cause of action was barred by…

This was originally, in form, “ an action of right,” to recover the “right of way, road-bed,” etc., extending six or seven miles, between Eddyville and Oskaloosa, and now occupied and run by the… Held: that if one having title stands by while another purchases from a third person, and does not forbid the purchase or declare his own title, he shall be bound — and for a stronger reason, if he encourages it.” Heard v. Hall, 16 Pick.; 2 Am.

This is an equitable proceeding. Tbe District Court, upon a trial on tbe merits, dismissed plaintiff’s petition, and tbe General Term reversed that decision. Defendant appeals to this court.

Action by plaintiffs against the defendant J. M. Walters, upon notes and accounts for goods sold, etc. An attachment was obtained upon the ground that the defendant had disposed of his property'in part, with intent to defraud his creditors. The attachment was served by notice to the State National Bank of Keokuk, as garnishee. The plaintiffs obtained judgment for the amount claimed against the defendant Walters.

Defendant (Pulley), on the 1st of January, 1868, made his bond, with his co-defendant as his surety, conditioned for the faithful discharge of his duties as road supervisor, etc. It appears that, in 1866, a certain county road was petitioned for, and then established by the board of supervisors. Pulley then owned a certain tract of land, through which this road was laid out. Prior to the establishment of the road, he filed with the clerk his claim for damages.

Action in equity to foreclose a mortgage upon nine city-lots. The defendant, Bridget Myers, became the owner of one of the lots ,by purchase under the mortgagors, after the mortgage was made and recorded ; and the controversy is now only upon the proportion of the mortgage debt her lot should bear, certain other lots having been released by the mortgagee.

Action in chancery to set aside a will executed by one William M. Mclntire, deceased. The complainants are brothers and other collateral heirs of the decedent; the defendants are McConn, the residuary legatee named in the will, and Palmer, the executor.

In February, 1856, S. T. and G. M. Marshall executed a mortgage to Patterson upon certain lots in block 30, in the city of Keokuk, to secure $3,500. Eeddington, afterward becoming the owner of these lots, made a mortgage thereon to Wilsey, who assigned the same to the Euddicks.

This 'is au action to recover, under chapter 169 of the act of the 9th general assembly, double the value of certain sheep killed by trains upon defendant’s road, which runs through the farm of plaintiff in Johnson county. Trial to the court without a jury. Judgment was rendered by the District Court in favor of plaintiff for $228, being twice the value of the sheep. This judgment was affirmed in the General Term upon defendant’s appeal.

Bill oe review. — The petition makes this case: Plaintiff instituted his proceeding in equity to have enforced a parol contract in relation to real property. Upon the issues joined, after full proof, the District Court dismissed the bill, and this judgment was affirmed in this court (22 Iowa, 363). Plaintiff in due time filed his petition for rehearing, and this was overruled.

<p> Appeal from Webster District Court. </p> <p>The facts are sufficiently stated in the opinion.</p>

This is an action to recover the value of the rents and profits of an undivided interest in certain lands. Plaintiff and defendant each owned an undivided one-half of the lands, all of which were in the possession of defendant and occupied by his tenant, H. B. Miller, who leased them for one year to John Miller. H. B. and John Miller were joined as defendants.

Action to recover for half the value of a partition fence and for its use. The facts found by the court below, stated in a condensed form, are as follows : The fence is of hedge, entirely on plaintiff’s land, and from five to ten feet from the division line between the parties. It was put there twenty years since by plaintiff’s grantor.

Information was filed before a justice of the peace of Jackson county, accusing defendant of the crime of selling intoxicating liquor contrary to law; for that, etc., he did “ unlawfully sell to, etc., one keg of intoxicating liquor, commonly called lager beer, contrary to the form, etc.” Warrant was issued and served.

<p>1. Criminal law: highway: evidence. In a prosecution for obstructing a highway, the State is not confined to documentary evidence of its establishment the same as in a prosecution under an indictment charging the obstruction of a county road (25 Iowa, 208), but may prove the existence of the highway by evidence of user and consent for the requisite length of time.</p> <p>2. -width Off highway. A prosecution may be supported for obstructing a highway, established by user or prescription, which is of less width than a county or state road established in the manner pointed out by the statute.</p>

Action on a promissory note, executed by one S. S. Hook and tbe defendant to tbe plaintiffs. Defense, that tbe note was executed by this defendant as surety for his co-maker, and when he was so intoxicated as to be unable to transact business. Trial to a jury; verdict and judgment for plaintiffs for the amount of the note. On appeal to the General Term the judgment was affirmed. The defendant now appeals to this court. The further facts are stated in the opinion.

<p>Appeal from Blade Ha/mk District Oowrt.</p> <p>The facts are sufficiently stated in the opinion.</p>

The defendant was indicted for the murder of his mother, Mary Boyle, on the 8th day of June, 1869, and, upon trial at the December term, 1869, of the District Court of Cedar county, was convicted of murder in the second degree, and sentenced to confinement in the penitentiary for the term of his natural life. Upon appeal to the General Term the judgment of the District Court was affirmed. The defendant now appeals to this court.

The petition states, substantially, these facts: Plaintiffs were engaged in making and selling threshing machines, and for the latter purpose had an agency in Iowa city, Dunlap being their agent and Shipley his clerk.

pjpeal from General Term, Afvnth District (Black Hawk Goumiy). Ordinary action. The petition contains four counts: or false imprisonment, for assault and battery, for slan- and for oppression under color of legal process. Answer in denial, and justification under legal proceedings. Trial to a jury; verdict and judgment for defendant. The plaintiff appeals. The further facts are stated in the opinion.

In these actions plaintiffs seek to recover of defendant, as a partner in the firm of M. Mclnnerny & Co., for goods sold to the firm. Defendant denies that he was a member of the firm, and this constitutes his defense. Judgment for plaintiffs, upon a trial without a jury, in the District Court, in each case, was affirmed by the General Term; defendant appeals to this court. The facts, which are nearly the same in both cases, appear in the opinion; any difference is noticed.

Ajpjpealfrom General Term, Hi/nth District (Black Hawk County). Plahttiee claims upon an account for money lent, for work and labor, and for goods sold and delivered. The answer is in denial; to the jurisdiction of the court; avers payment as to part; and pleads a set-off.

The plaintiffs were owners of certain lands near Manchester, Iowa, through which the Dubuque and Pacific Railroad Company constructed its road, being part of its second forty miles of road. In the construction of its road, there was taken and used, under what is known in railroad parlance as “borrowed land,” the surface of several acres of plaintiffs’ land.

Action upon an insurance policy. On motion of the defendant the cause was transfei’red to the Circuit Court of the United States for the District of Iowa. The plaintiff excepted and appeals.

Defendant was indicted for larceny, and charged with being a common and notorious thief. A demurrer to the indictment was sustained. The State appeals.

This case originated in the County Court of Dubuque county. The plaintiff filed a claim against the estate of John Scully, deceased, for personal services from April 12, 1852, to January 3, 1868, amounting to $3,396. The claim was allowed by the county court. The executor and a legatee of the decedent appealed to the District Court, where the cause was tried to a jury, and resulted in a verdict and judgment for defendant. The plaintiff appeals to this court.

Dubuque District Cou/rt. The defendant was indicted for the murder of a negro, whose name was to the jurors unknown. He was acquitted, but upon the trial certain errors intervened, as is claimed by the State, and that these may be pointed out is the object of the present appeal.

The defendant and another were indicted, by a grand jury of Clinton county, for the crime of conspiracy, and, upon trial therefor, in the District Court, were convicted. Upon the appeal of defendant to the General Term the judgment of the District Court was affirmed. He now appeals to this court.

<p> Appeal from Davis District Gouri. </p> <p>Slander. Trial to a jury; verdict and judgment for plaintiff, and defendant appeals.</p>

This action was commenced before a justice of tbe peace to recover the contract price for legal services rendered in a divorce suit. The plaintiff recovered forty dollars, the amount claimed by him before the justice. On appeal to the Circuit Court, the cause was tried to the court without a jury, and judgment was again rendered for plaintiff for forty dollars and costs. The defendant now appeals to this court.

Action upon an account. Defense in denial; defendant also sets up a counterclaim. Trial before a referee, whose report was in favor of plaintiff. Defendant filed exceptions to the report, which were overruled, and judgment- was rendered thereon. The defendant appeals.

— The property destroyed is described as a.“ certain building there situate called a barn, belonging,” etc. As to wbat the building was, whether a barn, a stable or a cow shed, the testimony is very conflicting. It was 16x45 feet, made of posts, ten feet high, with split rails nailed to them; was thatched and covered with straw; had three doors, and could be closed or shut up tight.

<p> Appeal from Blaeh Hawh Ci/reuit Court'. </p>

Appeals from General Term, Ki/nth District {Dubuque County). These are equitable actions to enforce tbe payment of certain assessments made by tbe city for grading, paving and macadamizing certain streets. The assessments were made upon the lots abutting upon the streets improved, and the petitions ask that the same be declared liens upon the lots; each lot to be charged with its proper portion of the expense of the improvement of the street adjacent thereto.

<p> Appeal from, Dubuque Ciremt Court. </p>

Certiorari. — Plaintiffs are stockholders in the Iowa City National Bank, and were such on the first of January, 1869. Defendants are the supervisors of the county of Johnson. This bank is located in Iowa City, and plaintiffs own its entire stock.

<p>Suit by an executor to recover of defendant for an alleged intermeddling with the property of the deceased ; the action is provided for by Revision, section 2464. There was a trial to the court and judgment for defendant. The plaintiff appeals.</p>

<p> Appeal from Johnson District Court </p> <p>REFORMATION OF CONTRACT.</p>

Plaintiffs declare upon the following instrument: “ Elkport, Clayton County, Iowa, ) “ April 23, 1855. f “Received of Abram Mahler and Henry Weed, Sr., of Augusta county, Virginia, fourteen hundred dollars, for which we bind ourselves, our administrators and executors, for the true payment thereof, with ten per cent interest per annum from date. “Now, this obligation is such, that whereas Martin Garber, of the county of Clayton and State of Iowa, received said money for the…

<p> Appeal from Clayton District Court </p> <p>ADVERSE POSSESSION: STATUTE ON LIMITATIONS.</p>

<p>Judgment for plaintiff. Defendant appeals. The facts sufficiently appear in the opinion.</p>

<p>Action by principals to recover the consideration money alleged to have been received by the defendant, as their agent, for certain real estate in Montana territory. There was a trial to a j ury; verdict and judgment for defendant. Plaintiffs appealed to the General Term, where the judgment of the District Court was affirmed. They now appeal to this court.</p>

<p> Appeal from Dubuque District Court </p> <p>CONTRACT — PRACTICE.</p>

<p> Appeal from Washington District Court </p> <p>TRIAL OF LEGAL AND EQUITABLE ISSUES.</p>