Volume 30 — Iowa Reports

Petition in equity by tbe plaintiff, a property owner, against tbe board of supervisors of Polls: county, for an injunction to restrain tbe levy of a tax voted by tbe qualified electors of Des Moines and Lee townships respectively, in said county, under an act of the general assembly, approved April 12,1870, entitled “An act to enable townships, incorporated towns and cities to aid in the construction of railroads.” The petition was presented to the judge of the district…

) The petition as it stood at the time of the trial, after several amendments, contained two counts.

This is an equitable proceeding. The petition recites that defendant, Quintín, recovered a judgment against plaintiff before a justice of the peace, and that a transcript thereof was filed in the office' of the clerk of the district court, upon which an execution was issued and levied upon the lands of said plaintiff. The sheriff holding the execution is joined as a defendant.

Ón the 4th day of August, 1870, the plaintiffs filed in the Washington circuit court a claim against the estate of Jesse Botkin, deceased, amounting to $82.00. On the 15th day of August the cause was tried by the court. At the trial Stiles & Winter introduced evidence to show that they had built a house for deceased and performed services for which their charges were made.

This was an action of replevin, originally brought before a. justice of the peace. Tbe plaintiff there recovered. The defendant prosecuted a writ of error to the district court from certain rulings of the justice during the trial. The district court held there was no error committed by the justice, and affirmed his rulings. From this judgment the defendant appeals to this court. The further facts are stated in the opinion.

Petition in equity for dower. Trial and decree for defendants. Plaintiff appeals. The facts of the case are stated in the opinion.

Commissioners properly appointed to assess the damages sustained by property owners in the county of Jasper, in consequence of the appropriation of the right of way over their premises by the C. R. I. & P. R. R. Co. on the 4th day of December, 1866, assessed damages to Alfred Hurst and S. G. Smith, for right of way over the S. E. J of the N. W. J, and the S. W. \ of the N. W. of section 7, tp. 79, range 21, at $150.

Plaintiff brought his action against the defendant A. Ritchey, to recover damages for an assault and battery. Helen Ritchey, wife of A. Ritchey, was allowed to become a party defendant, and, joining with her husband, answered the petition by pleading in mitigation, and by setting'-up a cross-demand against the plaintiff for, slander. A jury trial was had, verdict and judgment for defendants, and plaintiff appeals.

Action to recover damages from fire alleged to bave been set by sparks emitted from defendants’ engine, by reason of the negligence of its employees. The fire occurred on the 26th day of October, 1868, at a point on defendants’ road known as “Whisky Bottom,” and was first seen shortly after the defendants’ engine called “Chesapeake” passed that point, hauling a train of freight cars westward.

Action upon a promissory note. Defense, want of consideration and fraud practiced by the payee in procuring its execution; that the note was attached to a contract, between the payee and maker, to the effect that it was to be paid out of the profits of certain seeders to be furnished defendant by the payee and not otherwise; and that it had been fraudulently separated from said contract, of all which plaintiff had notice The answer also denies that plaintiff is the owner of…

The plaintiff, in his petition, states, that “ on or about the 15th day of November, 1869, he contracted orally with the defendant for the purchase of eight hogs for 7-J cents per pound live weight to be paid therefor on delivery, and then paid to the defendant one dollar as a part of the purchase-money of said hogs; that the defendant then promised to deliver the same to plaintiff at his warehouse in Webster City, in Hamilton county, Iowa, on the 21st day of November, 1869,…

On the 5th day of April, 1870, the appellant procured an order for a temporary injunction from the judge of the Tan Burén circuit court, restraining the defendant from opening a certain road through the plaintiffs land. On the 20th day of May, 1870, the defendant made a motion before said judge to dissolve the injunction issued thereon by the clerk of the district court of said county. The circuit judge sustained the motion, dissolved the injunction, and plaintiff appeals

. On the 14th day of May, 1868, the plaintiff filed in the Des Moines district court a petition alleging in substance that in pursuance of an act of congress passed July 2, 1836, and the act amendatory thereto of March 3, 1837, the city of Burlington was laid off into streets, etc., as by said act provided.

Action to recover, under chapter 169, Acts 9th General Assembly, double the value of certain cattle alleged to have been killed by a train of cars upon defendant’s road. Verdict and judgment for plaintiff; defendant appeals.

Action to recover the value of a promissory note alleged to be plaintiff’s property, and to have been ’ wrongfully obtained from him by tbe defendant, and by him sold and converted to bis own use. Jury trial. Verdict and judgment for plaintiff, and defendant appeals. Tbe further facts are stated in tbe opinion.

Action in justice’s court for $66.25. Answer alleging tender, after commencement of suit, of $37.75, and costs accrued. Trial by jury. Verdict and judgment for plaintiff for $1.75 and costs. Appeal to Fayette circuit court, where judgment for plaintiff for $42.50, and costs. Defendant appeals. The remaining necessary facts appear in the opinion.'

Action by plaintiffs, wbo were engaged in buying wheat, against tbe defendant, tbe owner and manager of an elevator, to recover tbe value of eleven hundred and nine bushels, tbe alleged excess of tbe wheat delivered to, over the amount returned or shipped for them by, the defendant. There was a jury trial, resulting in a verdict and judgment for plaintiffs for $599.20. The defendant appeals.

Action upon a policy insuring tbe life of Malinda Jane Wilkinson, tbe wife of plaintiff. Both tbe plaintiff and bis wife were formerly slaves; tbeir freedom was among tbe fruits of tbe rebellion. They came to Keokuk in 1862; were married in 1864; they obtained two policies on her life for bis benefit, and three on bis for her benefit, tbe one in controversy being obtained in September, 1866, for thirty-one hundred dollars; she died in 1869.

Foreclosure of Mortgage. — Decree for plaintiff and defendant appeals. The facts necessary to an understanding of the case appear in the opinion.

Action upon a policy of insurance for $2,500 upon the life of Edmond Walsh, husband of plaintiff, issued September 10, 1862.

On the third day of January, 1870, the plaintiffs filed in the Scott district court a petition, alleging that the Davenport Savings Institution is an incorporated company, with headquarters at the city of Davenport, and that Edwin Smith is president, James Armstrong, vice-president, Ira M.Gifford, treasurer, and Hugo Schmidt, secretary; and that the president, vice-president, treasurer, and August Warnebold and Jonas Thompson had, during the year 1&70, composed the…

Indictment for nuisance, verdict of guilty, and judgment that defendant pay a fine of $T5 and costs. Tbe defendant appealed to tbe general term, where the judgment was reversed. The State appeals therefrom to this court.

The firm of Colby Brothers were indebted to the Home Insurance Company, of New York, in the sum of about $900, money in their hands as agents of said company. In March, 1869, Wm. A. Colby, one of the firm of Colby Brothers, delivered to the special agent of the company three promissory notes in payment of such indebtedness. These notes were signed by Wm. A. Colby, John Winters and Daniel E. Root, as makers, payable to the order of B. E. Colby, the father of Wm.

Action at law. The petition avers, that, prior to the date when plaintiff’s cause of action accrued, there had been erected and maintained a bridge on Seventh street in the city of Dubuque over a slough of the Mississippi river; that Seventh street was a highway leading from the business portion of the city to the levee upon the river, and, as such, was used by the public; that said bridge was a county bridge, and it was the duty of the city as well as the county to rebuild…

Appeal from Delaware District Court. Action in equity to quiet title. Demurrer to petition sustained. Plaintiffs appeal. The necessary facts appear in the opinion.

Proceedings to set aside a nunc pro tnmc order made by tbe district court while the cause was pending, on appeal, in this court. The district court refused to set aside the order, and that ruling was affirmed by the general term. The defendants now appeal to this court.' The facts are stated in the opinion.

On the 10th day of June, 1859, the plaintiff recovered a judgment in the Clinton district court agajnst Jacob Iliff and others for the sum of $275.49, and costs. On the 26th day of July, 1867, the plaintiff procured an execution to issue thereon, and A. Jj Brazzel was garnished as a debtor of the defendant Iliff.

This is an action at law to recover the possession of the south two feet of lot 98, in the city of Dubuque, and damages on account of defendants withholding possession thereof. Plaintiff's claim the title to the land in dispute, and that it is a part of lot 98 owned by them. Defendants, in their answer, claim title to the premises, and that it is a part of lot 97, which is owned by them and in their possession.

Action to recover damages for injuries to a colt by defendants’ engine, at Jessup, in consequence of alleged negligence on tbe part of defendant and its employees. Judgment for plaintiff. Defendant appeals. Tbe necessary facts will be found in tbe opinion.

Appeal from Des Moines District Court. The defendant was indicted for the larceny of a trunk and contents. On the trial he was convicted, and now appeals.

In the first count of his petition, the plaintiff states that, “ on or about the 28th day of February, 1868, he and the defendant entered into a written contract as follows: “ Muscatine, February 28, 1868. “ I have sold this day to Herman Willmering fifty good, smooth hogs, no piggy sows in the lot, at six dollars ($6.50) per hundred pounds, average to be two hundred and fifty pounds, delivered at Washington, Iowa, at H. Willmering’s option, by giving ten (10) days’ notice…

Action iu chancery to set aside the satisfaction of a mortgage entered upon the record thereof, and to declare the same a lien upon the lands described therein. Upon the trial in the district court, plaintiff’s petition was dismissed. The judgment was affirmed upon appeal to the general term. Plaintiff now appeals to this court.

The petition averred, that, on the 20th day of July, 1867, the defendants, by their agent, O. H. Oleson, procured from plaintiff two promissory notes for $95 each. That defendants obtained said notes in consideration of an ¿Etna reaper and mower, delivered by them to plaintiff. That on the sale and delivery of said machine, the defendants, by printed warranty, warranted the same to cut one acre of grain or grass per hour.

Action in equity to enjoin the sale and appropriation to private use of certain property alleged to have been dedicated to public use, and in which plaintiffs claim a special interest. A temporary injunction was allowed, which was afterward dissolved on motion. A demurrer to the petition was also sustained; and from this latter ruling the plaintiffs appeal.

The petition states the plaintiffs’ cause of action substantially as follows: That the defendant was the contractor for carrying the mails on routes 11052 (from Oskaloosa to Montezuma, Iowa) and 1152 (from Montezuma to Brooklin, Iowa) for a term of four years, from July 1, 1866; that the plaintiffs and defendant entered into an oral agreement, that plaintiffs were to stock the said routes with the necessary horses, hacks, etc., at their own expense, and to'transport the…

Tbe defendants, in tbe justice’s court, pleaded a set-off and a tender of $5.00. Judgment was rendered for plaintiff for an amount greater than the tender. Defendants appealed to the circuit court, and after appeal made another tender of $20. Upon a trial to a jury there was a verdict for $4.75 in favor of defendant, 'who remitted the amount recovered by the verdict, and thereupon judgment was rendered against plaintiff for costs. Plaintiff appeals.

es District Gov/rt. The defendant, a corporation organized under special charter, and without authority to sell lands for delinquent taxes, during the year 1860 levied a special tax on the property of plaintiff.

Motion to set aside a sheriff’s sale and deed, sustained. Plaintiff excepts and appeals. The facts are stated in the opinion.

Action at law. — Tbe plaintiff’s petition alleges, “ that in the summer of the year 1866, defendant, having it in contemplation to extend its road from Waverly to the Minnesota State line, agreed with plaintiff that if he would procure donations to aid such extension, and would also superintend the obtaining of the right of way for such extension, that it would allow and pay to him two-fifths in value and kind of all such donations, and actual cash expenses, and that it…

The defendant was jointly indicted with John Lightfoot for the larceny of two horses. Yerdict'of guilty. Motion for new trial overruled. Defendant appeals.

On the 3d day of January, 1870, the plaintiff filed in the Chickasaw district court, a petition, stating that a five per cent tax was, under the act of 1868 enabling townships and cities to aid in the construction of railroads, petitioned for, voted upon, levied and certified to the clerk of the board of supervisors, from New Hampton township, Chickasaw county, Iowa, and that the tax was entered upon the tax books of said county for collection.

<p> Appeal from Lee District Court. </p> <p>Indictment for obstructing a highway. The defendant was convicted and appeals.</p>

Action for the recovery of real property, the south-east quarter of the north-east quarter of section 31, township 68, range 36 west. The defendant denied plaintiff’s title and averred ownership in himself. Trial to the court; judgment for defendant, and the plaintiff appeals.

The plaintiff in his petition alleges that, “ on the first day of January, 1867, and prior thereto, he was, and ever since has been, the owner and occupant of lots numbered nine hundred and twenty-seven ‘ C ’ (927 C), and nine hundred and twenty-seven B’ (927 B), on Seventh street, in the city of Burlington, Iowa, with the improvements thereon, consisting of a two-story brick dwelling, and all other necessary buildings and improvements, fences, shrubbery, etc., and prior to…

Action in trespass, for cutting and removing from certain lands of plaintiff a large quantity of wood and timber. Yerdict and judgment for plaintiff in the sum of $2,000. Defendant appealed to the general term, where the judgment of the district court was affirmed. He now appeals to this court.

Action of right, involving a claim of the north half of the north-west quarter of section No. 26, township No. 79 north, range 2 east. Answer in denial, and averring ownership in defendant under a tax deed. On the trial the plaintiff established a chain of title from the patentee of the United States, and rested his case.

Action upon a subscription to tlie capital stock of plaintiff.

On the 24th day of November, A. D. 1869, the appellees, S. B. Mather and W. S. Hamilton, executed their joint promissory note to the appellant for $1780.49, with ten per cent interest, payable four months after date. On the 25th day of May, 1870, appellees filed their cognovit with the clerk, confessing judgment in the circuit court in favor of appellant upon said note, and judgment was entered thereon by the clerk in vacation.

' Petition in chancery, alleging that plaintiff is the owner in fee simple of certain lands, which were sold for taxes, and a treasurer’s deed executed therefor to the grantor of defendant, Bonesteel, who claims the lands under said tax title. The tax sale and the proceedings thereunder are averred to be fraudulent and void on account of irregularities, and because the lands were not listed or assessed for taxation, and no taxes were levied thereon.

On the 21st day of May, 1870, an information upon oath was filed before James S. George, a justice of the peace in and for the township of Waterloo, charging the appellee with “ committing the crime of knowingly allowing his mule to run at large,” against the provisions of an ordinance of the city of Waterloo. 'On the same day appellee was arrested upon a warrant issued by the same township officer, upon information on oath, for “ hindering and obstructing an officer, in…

Action in equity to quiet title to certain real estate, claimed under an alleged will of John Latham, Sr., deceased. Numerous questions were made in the district court, and the transcript is a voluminous one. Only two questions, however, are here raised by appellants, and they relate to the proof and construction of the will. The facts respecting them are stated in tbe opinion. Tbe judgment was for plaintiff, and a part o'f tbe defendants appeal.

Action to recover damages for false representations in the sale of certain real estate by the defendants to plaintiff. Trial to a jury; verdict and judgment for plaintiff for $450. The defendants appeal. The material facts are stated in the opinion.

Action by plaintiff, who is the administrator of Sidney S. Macy, deceased, to recover damages on account of the negligence and carelessness of defendant and its servants, whereby decedent, who was a brakeman in the employment of defendant, was killed. Verdict and judgment for plaintiff, in the sum of $7,500. Defendant appeals.

On the 8th day of May, 1857, A. Fink executed to Washington Campbell a mortgage on certain lands. This mortgage was filed: for record on the 11th day of May, 1857. On the same day in which the mortgage was executed, and after its execution, Fink made a deed of trust of the same property to J. W. Woodard, as trustee, to secure a note of $1,177. This deed of trust was filed for record on the 9th day of May, 1857.

Action in equity to quiet title in plaintiff to the northwest fractional quarter of section number 6, in township 89, north of range 25 west. Answer by defendants^ claiming paramount title in the defendant Chase. Trial by first method; judgment for defendants. The plaintiff appeals. The facts necessary to bo stated are found in the opinion.

This was an action on two foreign judgments, rendered in the circuit court of Laporte county, in the State of Indiana, one in favor of Edward H. Bunker and the other in favor of Edward H. Bunker and George H. Wheeler against the defendant, and purporting to be assigned to the plaintiff, Henry II. Walker. The cause was tried by a jury; verdict and judgment for the plaintiff, and defendant appeals. The further facts are stated in the opinion of the court. 1.

The plaintiff filed in tbe Clinton district court a petition stating that tbe Sabula, Ackley & Dakota R. R. Co. bad located their line of railroad over and across the land of plaintiff; that said railroad company had procured an appraisement of plaintiff’s damages, by reason of the location of said railroad across his land, to be made by a jury selected by defendant, as provided for by section 1317, Revision 1860; that said damages had been assessed, and said railroad…

The defendant was indicted for manslaughter at the September term, 1869, of the Black Hawk district court. The cause was tried at the May term, 1870, a verdict of guilty rendered, and the defendant sentenced to hard labor in the penitentiary for one year and six months; from which judgment he appeals.

Action in equity to settle in plaintiffs the title to the S. E. J of S. W. , and the N. E. of the S. W. J, of section 9, T. 82, R. 6, E. of 5th P. M. Bill dismissed. Plaintiffs appeal. The material facts appear in the opinion.,

Action for killing stock — a horse-colt eighteen months old. Trial to a jury; verdict and judgment for plaintiff for twice the value of the colt; affirmed in general term. The plaintiff appeals.

Action in equity to recover a dower interest in certain real estate. The plaintiff is the assignee or grantee of the dower right of Harriett Singleton in the lands in controversy, she being the widow of Thomas Hayward, deceased. The defendants are the grantees of the heirs at law of the said decedent. The cause was tried before a referee who reported his findings of fact and conclusions of law, upon which the court rendered judgment for plaintiff. The defendants appeal.

This was an action of replevin in which the plaintiff claimed the possession of a certain black mare. The petition alleges that plaintiff acquired the ownership of the mare by purchase from John W. Hunger; that the defendants wrongfully detained the mare by virtue of a pretended chattel mortgage, made to Rachael J. Hunger, by John 'W'., her-husband.

The plaintiff brought his action against the defendant upon an alleged breach of warranty and fraud in the sale of a horse. The defendant answered setting up two defenses, namely: 1st. A general denial. 2d. Infancy. The cause was tried to the court without a jury.

A decree granting the divorce was had, to which no objection is made. Subsequently the cause came on for hearing upon the question of alimony, this branch of the case remaining undisposed of, having been continued for final determination. A decree was finally entered, allowing plaintiff as alimony $1,300; $500 to be paid in sixty days, $400 in six months and $400 in nine months. From this decree defendant appeals.

Action of replevin; defense, that defendant was the township collector, and, as such, seized the property re-pleaded for the purpose of making therefrom certain taxes assessed against the property of a firm of which plaintiff was a member. Trial to the court' without a jury, and judgment for defendant. Plaintiff appeals. 1. The collector was authorized to make the levy in July.

<p>Statute of limitations ¡ demurrer: To render a pleading demurrable on tlie ground that its cause of action is barred by the statute of limitations, it must affirmatively appear therefrom that its cause is so barred.</p>

Action by an indorsee against the indorser (who was the payee) of a joint and several negotiable promissory note, having two makers. Trial to the court, who found for the plaintiff, and rendered judgment accordingly; from which the defendant appeals. I. No legal demand was ever made. Demand on one of two makers is not sufficient. Story on Prom.

Action in equity to subject tbe north half of the northwest quarter of section ten, and ten acres off the north end of the west half of section thirty-three, township seventy-five, range nine, to the payment of a judgment in favor of plaintiff for $510 and costs, with ten per cent interest from December 15, 1859, against D. N. Henderson, as executor of the estate of William Stevenson, deceased.

Action upon a promissory note dated Nov. 27, 1860, payable to the order of plaintiff, in one year, with interest at ten per centum per annum, to be paid annually, at Orwell, Yermont. Defense, payment. The cause was tried by the court.

Tee plaintiff commenced his action by attachment against Henry Tepfer, and the writ of attachment was issued, and the appellant duly garnished thereon, on the 8th day of November, 1869. Afterward the plaintiff recovered a judgment against Tepfer for $331 and costs, and, on the 22d day of May, 1870, the garnishee was served with a rule to show cause why judgment should not be rendered against him.

The plaintiffs, in their petition, state that they are partners ; that on the 15th day of April, 1869, the defendants made their joint and several promissory notes to one H. A. Johnson, as follows: “April 15,1869.

Tuts is an equitable action, triable by the first method, brought in the district court of Black Rawk county, to establish the existence of an easement or right of way through a certain building situated on lots 9, 10 and 11 in Mill square addition to the town of Cedar Falls, Iowa, and to obtain a perpetual injunction restraining the defendant from closing up or obstructing a hall or passage-way-through said building, being the easement in controversy.

Indictment for conspiracy under section 4408 of the Revision. Trial, and verdict of guilty rendered. Defendants filed separate motions for a new trial, which were overruled, and they were sentenced to pay a fine of $100 each, and be imprisoned in the county jail for sixty days, and pay the costs of prosecution. Defendants appeal.

, The record in this case shows that the plaintiff and appellant brought an action of forcible entry and detainer against the defendant, before J. C. Kelly, Esq., a justice of the peace of Clinton county. The original notice was served on the defendant in Lyons township, in said county, on the 29th day of December, 1869.

The plaintiff sued tbe defendant for $75 and interest, for services alleged to be due him as telegraph operator and freight and passenger agent of defendant, for the month of July, 1869.

Action in attachment, to recover upon an account for $2,557, for lumber sold by plaintiff to defendants.

In 1859, Robert Dobson being seized in fee of the N. W. 1-4 of section 21, township 85, N. of range 8 west, died testate and without issue, leaving surviving him his widow, Margaret Dobson, and brothers and sisters, plaintiffs and defendants in this action. Said Bobert bequeathed to his widow the whole of his real estate, being the property above named, during the term of her natural life. July 13, 1868, Margaret Dobson died without issue.

Apppeal from, Story Circuit Court. Action upon a note for $200 and to foreclose a mortgage upon eighty acres of land, made to secure the payment of the same; the note and mortgage were given by Rollins to Barker. Myron Coggshall was made defendant as being a subsequent purchaser of the mortgaged property. He filed an answer and cross petition; to the latter the plaintiff filed a demurrer which was sustained. The defendant Coggshall alone appeals.

Action in Buchanan county upon a negotiable promissory note made by the defendant Noteman, in Story county, Iowa, payable one year after date to Alfred Ingalls, or bearer; indorsed in full by the defendant Robbins to the plaintiffs. Noteman is sued as maker, and the defendant Robbins is sued as, and is averred to be, an indorser of the note to plaintiffs. The defendant Noteman moved for a change of venue to Story county, which was overruled, and he alone appeals.

Action in equity to correct a mistake in the description of certain real estate conveyed by the defendants to plaintiffs. The defendant, Eunice N: Gray, demurred to the petition, and the same was overruled. The said defendant appeals.

Action to recover damages from fire alleged to have been negligently set by sparks from the defendant’s engine, whereby plaintiff’s corn, buckwheat and fence were destroyed. Answer in denial. Trial before a jury, who returned a verdict for plaintiff. Motions by defendant for judgment non obstante veredicto and for a new trial were successively overruled, and judgment rendered on the verdict for plaintiff. The defendant appeals.

The plaintiff, in his original and amended petition, avers that, on the 29th of September, 1860, one John E. Beatty purchased by contract, not in writing, of one Erastus Douglass, certain real estate, describing it, and then paid the consideration in full, and thereby became the owner thereof; that Douglass then agreed to convey said land by deed to said Beatty, but neglected to do so until about the 16th day of September, 1861, at which time a deed was executed and…

Action for mandamus, to compel the defendants to admit plaintiff to attend the school. The defendants filed an answer, to which plaintiff demurred. The court overruled the demurrer, and the plaintiff standing thereon, judgment for costs was rendered against him. Plaintiff appeals.

The plaintiff, as guardian of Albert G. and Francis M. Harrow, filed a petition in equity in tbe district court of Wapello county, showing that, on the 21st day of March, 1846, Francis M. Harrow, now deceased, became the owner and entitled to the possession of twenty-four acres of land, in the north-east quarter of the south-west quarter of section twenty-four, township 72 north, of range 14 west (describing it); that said Francis died in 1855, leaving Harriet, his widow,…

The plaintiff brought his action to recover of the defendant $600, for an alleged wrongful conversion of three pieces of valuable silverware, the property of the plaintiff.

The plaintiffs brought this action against the defendants for the recovery of $200, for an alleged wrongful seizure and conversion, by the defendants, of certain goods and merchandise belonging to the plaintiff. The defendants answer, pleading three separate defenses, viz.: 1. A general denial of each affirmative allegation in the petition. 2.

This action was originally commenced before a justice of the peace, to recover a balance due on a promissory note made by the defendant to the plaintiff. The defendant answered, admitting the making of the note, and pleading a set-off against William Stannus, the husband of the plaintiff. The plaintiff demurred to so much of the answer as stated and claimed the set-off.

Action in chancery. The petition claims the cancellation of a certain' judgment rendered against plaintiff, in favor of W. EL Jenkins & Co., the quieting of the title in him of certain lands sold thereon, and general relief. Upon trial a decree was rendered setting aside the sale of the lands, but declaring the judgment to be a lien thereon.

Action upon a promissory note, and an account of forty-one items for work and labor, etc., and damages done by animals trespassing upon crops raised by plaintiff on shares upon land leased of defendant. Answer, denial, set-off, and that the lease provided that landlord and tenant should each assume the risk of damages from trespassing animals to his respective share of crops. Trial by jury. Verdict and judgment for plaintiff for $417.63 Defendant appeals.

Action to recover the value of a horse colt alleged to have been killed by the engine and cars of defendant. Trial to a jury; verdict and judgment for plaintiff for $100. The defendant appeals.

Action for partition of lot 350 in the city of Dubuque; the plaintiff claiming to be the owner of an undivided third part thereof, her dower interest as the widow of John Y. Berry, deceased. The defendant denies the right of plaintiff ; avers ownership of all in himself; that the plaintiff conveyed her interest to his grantor; pleads the statute of limitation, etc.; trial to the court; judgment for defendant, and the plaintiff appeals.

Action for partition of 360 acres of land. The plaintiff claims an equal partition of two-thirds thereof, between himself and his ten brothers and sisters, who are made defendants, and that one-third be partitioned to his stepmother and two half brothers, Sherman and Lewis Richart, who are also made defendants — claiming such to be their respective interests under the will of his father, William Richart, deceased.

Action by an administrator of an estate alleged to be insolvent, to recover money collected by defendant on a note of a third person, which the plaintiff avers was transferred without consideration by his intestate to the defendant’s assignor, the defendant having knowledge of all the facts. Trial to a jury, verdict and judgment for defendant. The plaintiff appeals.

Action to recover double the value of a bull killed by the defendant’s engine and train. The answer is in denial; it also avers contributory carelessness in plaintiff, and that the animal was killed on defendant’s depot grounds. Trial to a jury, resulting in a verdict and judgment for plaintiff for $100. The defendant appeals.

Action for the recovery of real property — the north half of the north-east quarter of section 33, T. 97, R. 13. A demurrer to the petition was sustained, and the plaintiff appeals.

Action upon an order for two patent “ warehouse separators,” freight and exchange. Trial to a jury; verdict and judgment for defendants, and plaintiff appeals.

This action was originally brought before a justice of the peace, where the plaintiff recovered a judgment, which was very informally entered by the justice. The defendant appealed to the circuit court, and there moved “ that this case be dismissed, at plaintiff’s costs, because this court has no jurisdiction.” The court dismissed the appeal at defendant’s costs.

In October, 1842, one Jeremy G. Anderson purchased of Richard F. Barrett the north fractional half of fractional section thirteen, in township sixty-six, north of range five west, it being a part of the land known in this State as the Half Breed Tract. The said Barrett’s title was derived under tax sales and deeds for all said tract for taxes of 1838 and 1839, his deeds being dated in May and December, 1841.

Action by commission merchants of Boston, Mass., to recover $421.44, an alleged excess of advances over net receipts on sale of certain lots of wool consigned by defendant to plaintiffs.

Action of replevin for a cook-stove and furniture, brought before a justice of the peace, where a trial resulted in a judgment for plaintiff. On appeal by the defendant to the circuit court, the cause was tried to a jury who returned a verdict, as follows: “We, the jury, find for the plaintiff.” Judgment was rendered on this verdict, after overruling defendant’s motion for a new trial. The defendant excepted and appeals.

Appeal from Scott District Court. Action for the recovery of real property. Trial to the court and judgment for plaintiff, and defendants appeal.

-On the -23d day of January, 1869, J. Gr: Smith, principal, and N. J..Porter, surety, executed their note to W. A. Jordan for-$1,470.60, due March fi, 1869, and on the same day J. Gr. Smith and wife executed a mortgage on certain real estate to secure the payment of said note; this mortgage was duly recorded February 8, 1869.

Action to recover for deceit and false representations in the sale of certain hogs, originally brought before a justice of the peace, where the plaintiff recovered $18.80. The defendant appealed to the circuit court, where the cause was tried to a jury, and resulted in a verdict and judgment for plaintiff for $55.35. The defendant now appeals to this cdurt.

The appellant was indicted in the district court of Johnson county for the larceny of “ $180 in bank notes, usually known and described, as greenbacks,”. To this indictment he filed a demurrer, specifying the following grounds-: “ 1. Because it charges an'impossible offense in this — ‘ a bank note is not a greenback.’ ” “ 2. It is contradictory— a greenback is not a bank note.” “ 3.

Action by plaintiff against defendant, a justice of the peace, for false imprisonment. Verdict and judgment for defendant. Plaintiff appeals. The further facts appear in the opinion.

This was an action to foreclose a contract for the sale of real estate against the purchaser, David Tallman and Jane Reed, who was in possession, claiming an interest therein. Tallman was served with notice, but made no appearance. Jane Reed was not served, but did appear. John C. Reed filed his petition of intervention, claiming title to the land in controversy.

On tbe 7th day of June, 1869, G-. D. Doran filed in the office of the county auditor of Mahaska county a petition for the establishment of a road, of which proper notice had been given. July 5, 1869, the matter was set down for final hearing on the first Monday in September, 1869.

This was an action for goods sold and delivered. The defendant answered, admitting the sale and delivery of the goods, pleaded payment and counterclaim. The cause was tried to a jury who rendered a verdict for the defendant. On the plaintiffs’ motion the verdict was set aside and a new trial ordered. The defendant excepted, and appeals. The order granting a new trial is the only error assigned.

Daniel Sterneman, one of the defendants, was duly elected to the office of wharfmaster for one year, at the charter election in the city of Muscatine, in March, 1865. He executed to the city his official bond, with Wilson and Hoehl as his sureties. The bond was approved and Sterneman entered upon the duties of his office.

The plaintiff applied to the district court of Jones county for a writ of certiorari to the board of supervisors, and in his petition stated that he is a tax payer of Monticello township, in Jones county, and brings this action in behalf of himself and others, whose property is similarly affected by the action of the defendants; that in 1867 all the real and personal property in said township was assessed by an assessor duly elected and qualified, at the proper time and in…

This action was brought originally in the Clinton district court, for the purpose of setting aside certain tax deeds held by the appellee, Wm. F. Coan, for certain lots in Arnold and Young’s addition to Clinton, described in the petition and amended petition, and to quiet the plaintiff’s title thereto.

The appellees- filed their petition in equity April 15, 1868, stating that they were severally the owners of certain lands, described in tbe petition, situated in what is known as “West Madison” or “Douglass’ addition to the city of Fort Madison;” that tbe city authorities of Fort Madison were unlawfully attempting to levy and collect taxes for city purposes upon said lands, setting out the facts upon which they claim that such action of tbe city is unlawful, and asking an…

Action by tbe plaintiff to recover double damages for stock killed by the defendant’s cars. Tbe defense was twofold, viz.: a general denial, and tbat tbe injury occurred at tbe crossing of a public highway. Jury trial. Yerdict and judgment for plaintiff, and defendant appeals. Tbe further facts are stated in tbe opinion.

Action for damages for an alleged assault and battery. Answer in denial and mitigation, and cross demand for trespass committed by plaintiff’s cattle on premises of defendant. Trial by jury, verdict for plaintiff, and both parties appeal. Tbe further facts are stated in tbe opinion.

In the month of August, 1868, J. Issachar Schofield commenced proceedings against the defendants to obtain a writ of ad, quod damnum, for the purpose of condemning the real property to be affected by a proposed increase in the height of his mill-dam at his flouring mill in Marshall county. The writ issued and a jury was called, the defendants notified and the damages duly assessed. The return, however, was in some manner informal and no sci/re facias was issued thereon.

■ Action against defendant as tbe indorser of a promissory note payable to him, or order, and indorsed in tbe following words: “ Pay to tbe order of Jos. Richardson; demand and notice waived, and payment guaranteed by me. John Smalley.” Richardson indorsed tbe note to plaintiff. Defenses: 1. Defendant indorsed tbe note in blank, and tbe indorsement enlarging his liability as it appears upon tbe note was written without bis consent. 2.

Action in chancery to subject certain land to a judgment recovered by plaintiff against James Sloughtery, who has since deceased. The petition alleges that the lands were conveyed by Sloughtery in his life-time, to defendant Donaghue, in trust for the use of the “ Sisters of Charity,” for the purpose of hindering the collection of plaintiff’s judgment. Other allegations of the petition need not be set out. Some of the defendants were made parties by an amended petition.

Defendant was indicted and convicted for seduction under Revision, section á-209, and appeals to this court. The facts of the case appear in the opinion.

This is an equitable proceeding instituted under section 3291 of the Revision. Defendants are copartners in business, and plaintiffs had recovered a judgment against one of them, Haines, upon which he caused an execution to be issued, and levied upon certain personal property belonging to the firm. Thereupon the other partner, Lewis, gave notice to the sheriff of Ms claim thereto, under section 3287 of the Revision.

Action to recover rent due upon a lease made by defendant to J. H. Tepfer. Verdict and judgment for plaintiffs. Defendant appeals. Tbe facts are set out in tbe opinion.

Defendant was indicted and convicted of adultery, and sentenced to confinement in the penitentiary for one year. He appeals to this court. The fact necessary for an understanding of the points ruled appear in the opinion.

Defendant, in each of these cases, was indicted and convicted, under Revision, section 1564, of using a certain building for the purpose of selling therein intoxicating liquors, contrary to law. He appeals in each case.

<p>Appeal from Marshall District Court—</p> <p>CONTRACT : PRACTICE : APPEAL.</p> <p>Action in chancery. Decree for $200 in favor of plaintiff, to he enforced as a judgment at law. Defendant appeals.</p>

Action upon the following order and acceptance, to wit.: “Des Moines, Iowa, August 26, 1868,— $101.20. Mr. John A. Elliott: At ten days sight, please pay to the order of W. E. Otis $101.20, value received, and charge same to my account. J. P. Buser.” (Duly stamped.) “Accepted, to be paid when the fifth payment is due on my house, August 26,1868.

Action in equity to set aside a conveyance of certain coal mines, which the plaintiffs allege that the defendants obtained from them by deceit and fraudulent representations. The district court refused the relief and dismissed the petition. The plaintiffs appeal.

Action in equity; judgment for defendants, which, on appeal to the general term, was, by a division of opinion, affirmed. The plaintiff appeals. Amblers & Babb for the appellants — T. W. & Jno. S. Woolsm for the appellees.

P. HatTiaway, Dr.: Jan., 1867. To recording twenty-seven official bonds, at fifty cents each...............................................$13 50 Jan., 1867. To indexing official bond record one-half day..... 1 50 Jan., 1867. To six days’work entering pleadings on appearance docket.................................................. 18 00 Jan., 1867.

Action in chancery. Decree dismissing plaintiffs’ petition and granting the relief prayed for upon defendant’s cross bill. Plaintiffs appeal.

This action was originally commenced before a justice of the peace to recover for work and labor performed by the plaintiffs for one Johnson at the request of the defendant.

<p>SUFFICIENCY OF EVIDENCE.</p> <p>Action upon a note for $42 made by defendant, payable to the order of William C. Adsit one year after date, and by him indorsed to plaintiff before maturity without recourse. A few days after maturity the defendant paid to plaintiff $11,02 on the note, and the same is credited thereon. The action was brought before a justice of the peace and there tried to a jury, resulting in a verdict and judgment for plaintiff. On appeal it was tried in the district court without a jury, and a judgment was entered for defendant, from which plaintiff appeals to this court.</p>

<p>Appeal from Bremer District Court —</p>