Volume 35 — Iowa Reports

Action to recover damages for injuries sustained by plaintiff, on account of an assault and battery committed by defendant upon the body of plaintiff.

Action to recover damages for bréacb of a bond to procure title to real property. The defendants made default, and the court gave judgment for plaintiff for nominal damages and costs, from which plaintiff appeals.

Plaintiff recovered judgment against one Beisman. The appellant, having been served with process of garnishment, failed to appear and answer thereto. A default and judgment was entered against him, and, at the same time, the court ordered that he be notified thereof, and required to show cause why execution should not be issued against him.

The petition was filed October 5, 1870, and .states, in substance, that since January 1, 1870, the defendant, Edward Carroll, took a sub-contract to do grading on sections 14, 15 and 16, of the Davenport and St. Paul Railroad, in Winfield township, in Scott county; that said railroad company is a corporation under the laws of this State, for the building of a railroad through said county to St. Paul; that said Carroll - commenced said work in the spring of 1870, and from…

The petition avers that Thomas Foster died intestate, seized of lot 4, and north 45 feet of lot 3, in C. S. Whisler’s addition to Davenport; lots 6 and 7, block 2, of Forrest and Dillon’s addition; lots 14 and 15 in block 16, and lots 1, 2, 3 and 4 in block 22, in Fulton’s addition, and leaving Ellen Foster, one of the plaintiffs, his widow, and the other plaintiffs, six in number, his children.

The. plaintiff brought suit against one Lindeneau, in which an attachment was issued and levied upon two barrels and two casks of liquors. The appellant thereupon intervened by a petition filed in the case, wherein he claimed that he was the “ full, absolute and unqualified owner” of the liquors, describing them as whisky and rum.

<p>1. Practice: rights op party after cause is remanded. Where, on appeal to the supreme court, the ruling of the court below, in sustaining a demurrer to appellant’s answer, is affirmed, but the cause, is remanded with leave to appellant to answer as to certain portions of plaintiff’s petition, he is not restricted to pleading matters of defense only, but may allege facts entitling him to affirmative relief, either at law or in equity.</p> <p>2. Tax sale: redemption. It is the tax deed, not the tax sale, that divests the title of the owner; and if redemption is made before the execution of the deed it divests the lien of the tax, and leaves it as free as before sale. •</p>

Action in chancery brought to enable plaintiff to redeem a certain lot in the city of Des Moines from a tax title- held by defendant under certain sales and deeds for taxes due and delinquent to the county and city.

Action in replevin for the stock, fixtures, etc., in a mather business in Keokuk, of which the plaintiff claimed to be the absolute owner. The original defendant, who was the sheriff, denied the plaintiff’s allegations and claim, and set up a paramount lien and right under a writ of attachment and levy in favor of Page, Bro. & Co., against one P. A. Meurer, under whom the plaintiff claims. The attachment creditors were afterward made defendants.

Action in chancery to enforce the alleged right of plaintiff, as a judgment creditor, to redeem certain lands sold upon execution. TJpon the final hearing plaintiff’s petition was dismissed; from this judgment he appeals to this court. The facts of the case aré fully stated in the opinion.

3. Eeceiver : appointment of. The judge of the district court has no power to appoint a receiver in vacation without notice to the opposite party. Following Jft'eneh v. Gifford, 30 Iowa, 148. Appeal from Hamilton Circuit Coivrt. The plaintiff filed, in the Hamilton district court, a petition alleging that he is owner in fee simple of the N. E. \ of Sec. 13, Tp. 86, H. 26, and that defendant unlawfully keeps him out of possession thereof.

This action was commenced before a justice of the peace upon an account charging defendants in this language: “To station work on Chicago & S. W. R. R., $Y5.00.” The answer denies indebtedness of defendants to plaintiff, and also denies the employment of plaintiff by defendants to do the work charged in the account. The answer also pleads payment. The cause was appealed to the circuit court, where, upon a trial to a jury, judgment was rendered for plaintiff.

Action in chancery. There was a decree in the district court granting the relief prayed for in plaintiff’s petition; defendant appeals. The facts of the case are fully stated in the opinion.

Replevin for a stock of merchandise kept in the store of defendant. There was a trial to the court without a jury, and judgment for defendant. Plaintiff appeals. The facts necessary for an understanding of the points ruled will be found in the opinion.

The plaintiffs claim damages for an alleged trespass committed by defendant in taking and carrying away stone from tbe premises of tbe plaintiffs.

' This action is brought to recover money alleged to be due the plaintiffs on a written contract, dated November 5, 1870, by which the plaintiffs agreed to “ construct the road-bed of the Dubuque, Bellevue and Mississippi Railway, from and including section two (2) to and including section five (5), in accordance with specifications ” referred to in the contract.

Afjyedlfrom Wayne District Court. Action brought October, 1870, to recover $117, with interest from June 6, 1867, for eleven hogs, weighing twenty-six hundred pounds, alleged to have been sold on that date by the plaintiff’s intestate, B. W. Level, now deceased, to the defendants, who were partners, under the name of Drake, Sweeney & Hicks.

Suit in’equity to correct a deed, made by the defendant, Alexander Riley, to the plaintiff, on the 8th day of June, 1857.

Action at law to recover for alleged injuries sustained by plaintiff, in being thrown from a wagon loaded with straw, upon one of the public streets of the city. The bad condition of the street, it is alleged, was the direct cause of the injury, and defendant is charged with liability on account of negligence and want of care in permitting the street to be out of repair. There was a verdict and judgment for plaintiff. Defendant appeals.

Action on promissory note. Trial by the court. Judg ment for plaintiff. Defendant appeals. The further facts are stated in the opinion.

Action to recover of defendant a subscription of five' shares to tbe capital stock of plaintiff, amounting to $500. The answer: 1. Denies each allegation of the petition. 2.

The plaintiff claims $33.55 for fees and stationery in the case of the State of Iowa v. Charles Taylor, on a preliminary examination, had before the plaintiff as a magistrate, on a charge of adultery against said Taylor, in which the State failed. It is alleged that the claim was preseated to the board of supervisors who rejected the same. A copy of the bill is annexed to the petition.

Ajypeal from Lirni District Court. Action of right for the possession of lot 2, block 20, in Cedar Rapids. For answer, the defendant admits the plaintiff’s ownership of the lot in question, and alleges: 1. That the plaintiff’s cause of action is barred by the statute of limitations in consequence of the defendant’s possession for more than ten years under color and claim of title; 2. That plaintiff had dedicated a portion of the lot to the use of defendant; 3.

The plaintiff, in his petition, alleges that on the 26th day of October, 1866, he delivered to the defendants a certain $1,000 Minnesota State bond, No.-, with a large number of coupons thereto attached, issued in aid of the railroads in said State, for collection, or for return on demand; that he has demanded the return of said bond and coupons, but defendants have failed to return the same and have converted them to their own use.

Action of replevin of two horses, one halter, and one two-horse wagon. The plaintiff claims the property as owner thereof. The defendant claims it in virtue of a chattel mortgage executed thereon to secure the price of the wagon, purchased by plaintiff from defendant. Jury trial. Yerdiet for plaintiff. Defendant appeals. The necessary facts are stated in the opinion.

This action is brought by the plaintiff Love against Burns on an alleged award of arbitrators. The court, on motion of defendant, set aside the award, to which plaintiff excepted and appeals. Upon setting aside the award the court ordered the matter re-submitted to the same arbitrators, to which defendant excepted and appeals.

This action was brought in the circuit court by the plaintiff as administrator of the estate of Isaac Mitchell, deceased, to recover of the defendant for an alleged conversion of a saw-mill situated upon land alleged to have belonged to plaintiff’s intestate. The answer consisted of, 1. A general denial; 2.

Appeal from, Tama District Court. Action to foreclose a mortgage. Decree for plaintiff. The defendant Nelson appeals. The facts are stated in the opinion.

This cause is a consolidation of two actions originally commenced by the same plaintiffs against John Porter and J. Perkins as defendants in one, and Morris James, John Porter and J. Perkins in the other. The object of each was to redeem, after three years from the date of sale, certain lands sold for taxes, the plaintiffs claiming to be owners of an undivided one-fourth of the land thus sold.

The plaintiff instituted this proceeding under chapter 37 of the Revision, to contest the right of defendant to the office of treasurer of Harrison county, which he then held, claiming to have… Held: claiming to have been legally elected thereto. The petition sets out certain illegal action on the part of the judges of the election of one township in.conducting the election and. in receiving votes, which it is claimed is cause for rejecting the whole vote of that township.

Action to recover real property. Trial by the court. Judgment for defendant. Plaintiff appeals. The facts appear in the opinion.

Action upon a policy of insurance against loss by fire upon tbe dwelling-house and household furniture of plaintiff. By stipulations in the policy the application of plaintiff for insurance and the survey of the premises are made parts of the instrument with a warranty on the part of the insured.

Action in chancery. Upon the final hearing plaintiff’s petition was dismissed. From this decision he appeals to this court. The facts of the case are found in the opinion.

Action to recover the value of a cow killed by defendant’s locomotive and train. Jury trial. Special verdict. Judgment for plaintiff. Defendant appeals.

H. 'W. Maxwell, judge of fifth judicial district, dissolving an injunction. This proceeding was commenced to enjoin the defendants from permitting the public scbool-bouses, in their several sub-districts, to be used for holding religious meetings and Sunday-schools therein. On a hearing before the judge at chambers the injunction was, on motion of defendant, dissolved. Plaintiff appeals.

At the February term, 1872, of the Lee district court, the defendant was indicted, tried and convicted of the crime of nuisance, committed by keeping a house of ill-fame, called a “gun-boat,” resorted to for purposes of prostitution and lewdness. The court, upon conviction, fined the defendant $1,000, and ordered the seizure and abatement of the nuisance. Defendant appeals. The necessary facts are stated in the opinion.

Plaintiff sues as indorsee to recover installments of interest due on a negotiable promissory note, dated January 1, 1868, for $3,500, .made by M. W. Benson and Lewis Robbins, payable to tbe order of Phebe Ashton five years after date.

Action upon a note for $531, and for the foreclosure of a mortgage executed to secure the same. B. Grayson owned the land included in the mortgage, and authorized F. S. Graham to sell it, so as to realize $6 per acre net, amounting to $1,062 for the entire tract. On the 19th day of July, 1869, F. .S. Graham sold the land to Michael Murdock as guardian of certain of the defendants, for $1,182, and executed to him a deed therefor.

Action on note and mortgage for judgment and foreclosure. Yenue changed on application of defendants. Plaintiff appeals. The facts appear in the opinion.

Action to recover the value of a colt killed by the defendant’s engine and train on the depot ground at Colo station on the morning of September 26, 1868. The action was tried to a jury and resulted in a verdict and judgment for the plaintiff for $125. The defendant appeals.

Indictment for erecting and maintaining a nuisance. Yerdict of guilty. Judgment that the nuisance be abated and that defendant pay the costs thereof, and of the prosecution. Defendant appeals. The further facts are stated in the opinion of the court.

On the 11th day of November, 1869, the plaintiff commenced suit against the defendant for the recovery of the sum of $8,213.63, alleging that the action was brought as the assignee of W. N. Sturgis, to recover the value of a barge load of wheat undertaken to be carried by defendant as a common carrier, and .lost by the negligence of defendant.

This action is brought to recover damages from defendants, who are physicians and surgeons, resulting to Margaret O. Boals by reason of alleged careless and unskillful treatment of a fracture of the bones of the right leg of said Margaret. The cause was tried at the April term, 1871, before the court without a jury, and judgment rendered for defendants for costs, from which plaintiffs appealed.

Action of right for the possession of the S. E. J of Sec. 9, Tp. No. 79 N, R. No. 14 W. The defendant claims title under a treasurer’s deed. The cause was tried by the court. At the trial the plaintiff introduced in evidence a patent from the United States to one William Tilden, for the land in dispute, and a deed from Tilden to plaintiff therefor, and rested.

On Habeas Corpus. This proceeding was originally brought before Hon. S. Ragg, circuit judge in the ninth district. On the hearing, the writ was dismissed and the defendant discharged. The plaintiff appealed to the supreme court; and on motion the appeal was dismissed, for want of jurisdiction. See reasons In re Cwrley, 34 Iowa, 184.

Action upon forty-five county warrants. The petition contains a separate count upon each warrant.

Action for the recovery of real property — being certain fractions or strips of land lying near the line between the N. E. and the N. W. ■£ of § 3, Tp. 93, R. 5 W. The defendant-denied the allegations of the plaintiff’s petition, and also pleaded the statute of limitations. There was a judgment for plaintiff. The defendant appeals. The facts of the case will be found in the opinion.

This action is brought by the assignee of certain promissory notes secured by mortgage on real property for foreclosure. The defendants answer that after the assignment of the notes to plaintiff he (plaintiff) executed and delivered to , a stranger to the mortgage, a deed conveying all of plaintiff’s “ estate, title amd interest” in the real estate mortgaged. A demurrer to this answer being sustained, defendants excepted and appeal.

<p> Appeal from Dallas Circuit Cov/rt. </p> <p>Foreclosure oe mortgage. The facts are stated in the opinion.</p> <p>Barrer oft c& Hammond for Nordyke’s admr.</p>

This is a proceeding in the circuit court upon a claim filed by plaintiff against the estate of E. Hull, deceased. The court refused to allow the claim and rendered judgment for defendant for costs. Plaintiff appeals. The fur' ther necessary facts are stated in the opinion.

This action is brought by the plaintiff as the holder of a promissory note, as follows : “ June 8th, 1869. “ On or before the 1st day of June, 1870, for value received, I the subscriber, of Washington and Dallas townships, county of Marion, State of Iowa, promise to pay M. Woodward or bearer, $150 at Knoxville, it being for the profits of twelve seeders when sold, with interest at ten per cent per annum.

This is an appeal from an assessment of damages on tbe re-location of a county road. Tbe cause was tried in tbe district court, and, on appeal to’ this court, tbe judgment was reversed. The case was again tried in the district court and judgment rendered for the defendants; from which they appeal.

Action on a promissory note. 'Trial by tbe court. Judgment for plaintiff, and defendant appeals. The facts appear in the opinion.

Action on a promissory note purporting to be executed by defendants. Trial by the court. Judgment for plaintiff against George Trump only. Plaintiff appeals. The facts necessary to an understanding of the questions involved are stated in the opinion.

Action oe attachment. The intervenor, J os. McGowan, claims the attached property. Judgment for plaintiff. The intervenor appeals. The facts are stated in the opipion.

This action is brought by Johnson county, and Her-shire, its treasurer, against the First National Bank of Iowa City, a corporation organized under the act of congress and doing a banking business in Iowa City, to recover about $2,000 of taxes, interest and penalty, for the years 1868 and 1869, due upon certain shares of the capital stock of said bank, owned by different non-resident persons whose names are given.

It is alleged in plaintiffs’ petition that on and prior to July 22, 1858, the defendants, Callanan & Ingham, were the owners of two certain mortgages executed by plaintiffs upon lots 9, 10, 11 and 12, in block No. 5, in W. A. Scott’s addition to the town of Des Moines, Polk county, Iowa; that one of the mortgages was executed on the 4th day of June, 1857, and purported to be for the sum of $2,008.16, due December 4th thereafter, payable to James A. Williamson and by him…

Action upon an account for goods sold and delivered by plaintiffs to defendant, and upon a promissory note executed by defendant and payable to plaintiffs. There was a verdict and judgment for plaintiffs. Defendant appeals.

Action upon an alleged breach, of warranty in the sale of a threshing machine. The answer admits the warranty, as alleged, and denies the breach. The purchase price of the machine was $110. In consideration thereof, the plaintiffs gave a mare valued at $100, and for the balance executed several promissory notes, varying in amounts and times of maturity.

Plaintiff recovered judgment by confession, in tbe Polk district court, against William F. Ayers, October 15,1858. On the 7th day of March, 1859, David M. Ayers purchased of Ira Cook the N. of lot 10, block 35, of the original town of Fort Des Moines, for the consideration of $800, a little more than one-half of which he then paid in property.

This is an action in equity, brought April 26, 1870, by Lewis Epps against Isaac Dickerson, John Keyes, and E. H. Wbitney and others, as purchasers from them with notice, to set aside a deed for the north-east of the southwest quarter, and the west half of the south-east quarter of section five, and the south-east of the north-west quarter of section six, all in township seventy-six of range thirty-six, west of the fifth principal meridian, made by Lewis Epps to John Keyes,…

This is an action brought by the plaintiff to recover of the defendants for an alleged trespass committed by entering the warehouse of the plaintiff and taking and removing therefrom a quantity of corn. Trial by jury. Yer-dict and judgment for plaintiff for $3,600. Both parties appeal. The further necessary facts are stated in the opinion.

At the June term, 1872, of the district court eleven of the regular grand jurors appeared and answered to their names upon being called, whereupon the court ordered the sheriff to fill the panel, which was done by summoning four others; and it appearing that the defendant was held to appear at the then term of court on a charge of embezzlement, he was called and appeared in person and by attorney, and challenged nine of the grand jurors then in the box, which challenges were…

Action in chancery to restrain defendants from tearing down and removing a certain brick and stone vault and a bank safe contained therein, situated in a business building in Iowa City. It is shown by the evidence that J. H. Gower, as administrator of the estate of J. O. Gower, deceased, instituted an action of replevin to recover possession of the vaults and safe, and that defendant McCaddon, who was the sheriff, was about to execute a writ therein.

The defendant was tbe security of one M. Murphy upon his official bond as treasurer of the city of Maquoketa. Murphy, having received a large amount of money in his capacity of treasurer, absconded without accounting therefor to plaintiff; and this action is brought against defendant as his security to recover the same.

This is an action brought to recover double the value of a colt killed by the defendant’s engine and train. The' case was commenced before a justice of the peace, where upon a jury trial the plaintiff recovered $85 and costs. On appeal to the circuit court the cause was again tried to a jury and resulted in a verdict and judgment for $98, the full amount of plaintiff’s claim. ' The defendant now appeals to this court. Fori further facts, see the opinion.

The plaintiff in his petition states that on the 9th day of April, 1866, at the city of New York, one John S. Batterson executed to the order of the defendant, Wesley Jones, his promissory note for $2,575, payable six months after date, with interest at seven per cent; that said note was at the time indorsed in blank by H. D. Downey, then living, and by J. C. Buchanan, and then delivered to the defendant in payment of an alleged indebtedness of the said Patterson to the…

Action upon a promissory note. Judgment for plaintiff ; defendant appeals. The facts of the case are fully-stated in the opinion.

The petition' alleges that about 1842 Uriah Biggs, Thomas D. Evans, Paul C. Jeffries, and others named formed themselves into a company known by the name of the “ Appanoose Rapids Company.” That soon thereafter the members of said company entered upon S. E. fr. of Sec. 24, and Lot No. 1 in Sec. 25, Tp. 72, R. 14, and the S. W. fr. J of Sec. 19, and the N. W. J of N. W. fr.

This is a suit in equity, brought by the plaintiff, in September, 1867, alleging that he was the owner of a certain square or block, in Maquoketa, known as Livermore square, and that the defendant was setting up some claim to it; and asking that his title be quieted and the defendant enjoined from claiming it or exercising any acts of ownership over it.

The plaintiff filed his petition in the circuit court, stating that on or about the 28th day of August, 1871, he entered into a written contract with Jeremiah Browning, the sub-director of sub-district six, in the district township of Grandview, Louisa county, Iowa, whereby the plaintiff agreed to teach the public school in said sub-district for the period of six months, from the Jth day of September, 1871; that said contract was duly presented to the defendant, who is, and…

The plaintiffs, I. N. Hall and wife, filed their petition in equity, alleging that on the 26th day of November, 1866, they entered into a contract with the defendant C. E. Orvis, whereby he agreed to sell and convey to Hall a certain patent right to manufacture sugar and syrups from sorghum molasses and juices, and exclusive right to make and vend the same in the county of Lee and eleven other counties in Iowa (said patent was known as “ Orvis’ Sorgum Filter.”) In…

Action in chancery to foreclose a mortgage executed by Tripp and wife, on the 2d day of October, 1870, upon certain, lots in Lyons city. Defendant Chitester, it is alleged, sets up a claim to the property through a mechanics’ lien, and it is prayed that plaintiff’s mortgage may be declared paramount thereto.

Action for the recovery of $24, an alleged balance due plaintiff for teaching a public school six months at $28 per month. Answer that the contract was made on the part of the sub-director without authority, and was never approved by the board, and that, after the rejection by the board of the contract, the plaintiff agreed to teach the remaining three months for $20 per month. Trial by the court. Judgment for plaintiff. Defendant appeals.

Action before a justice of the peace. Judgment for plaintiff. The defendant appealed to the circuit court, where judgment was again rendered for plaintiff. The defendant appeals. The necessary facts are stated in the . opinion.

Action by tbe plaintiff as assignee of a subscription to tbe stock of a railroad company, made by tbe defendant to recover an alleged balance due thereon. The defendant, by his answer, set up matter in avoidance of plaintiff’s claim, and also affirmative matter by way of set-off. A trial to a jury resulted in a verdict for defendant, which wa,s set aside by the court. The defendant appeals.

This action is brought to recover the possession of real property, particularly described ; the plaintiff claiming the title thereto. The answer denies plaintiff’s title and asserts title in the defendant. Trial by the court. Judgment for plaintiff. Defendant appeals. The further necessary facts are found in the opinion.

This is an action at law to recover certain lands in the counties of Woodbury and Manona. There was a trial to the court without a jury and a judgment for plaintiff. Defendants appeal. The facts of the case are fully set out in the opinion of the court.

Action in attachment by plaintiffs against E. Higby. The First National Bank of Waterloo and others were garnished. H. E. Higby, wife of E. Higby, intervened, claiming that certain notes in the hands of the bank, which were claimed to be her husband’s property and subject to the garnishment, belonged to her. Her claim was denied and upon that issue the cause was tried to a jury, and verdict and judgment were had in her favor. Plaintiffs appeal.

Action oe right. Tbe defendants filed an equitable answer and cross-petition, claiming the property in controversy as their homestead. Decree for defendants. Plaintiff appeals. The facts are disclosed in the opinion.

<p> Appeal from Fayette District Oowrt. </p> <p>The necessary facts are set out in the opinion. The plaintiff appeals.</p>

Action for price of furnace, etc., furnished and set up by plaintiffs in the Catholic church in Lyons city. Defense, breach of warranty. Trial by jury. Verdict and. judgment for plaintiff. Defendant appeals. The further necessary facts are stated in the opinion.

Suit upon a guaranty by defendant of a bond for $500 executed by the Dubuque Central Improvement Company, payable to the city of Dubuque or bearer.

Action of replevin, for certain property seized by tbe defendant as sheriff, in virtue of an execution for costs in a case of tbe State of Iowa against plaintiff. Plaintiff alleges that be received a full and complete pardon from tbe governor, and that this operated as a remission of tbe judgment for fine and costs. Judgment for defendant. Plaintiff appeals.

Ayypeal from, Dubuque Circuit Cov/rt. Action at law to recover damage sustained by plaintiffs by reason of an injunction issued at the suit of a part of the defendants restraining plaintiffs from working certain lead mines. The action is brought upon the bond executed in the injunction suit. The petition shows that the injunction was dissolved and the action dismissed.

This is an ad quod damnum proceeding instituted by plaintiff under cbap. 54, art. 4 of the Bevision, to assess the damages sustained by defendant by reason of a mill-dam erected by plaintiff, which causes overflow of water upon defendant’s lands. Upon the return of the inquisition to the district court, wherein damages were assessed in favor of defendant, he moved to set aside the verdict of the jury and quash the writ. The motion was overruled and exceptions thereto taken.

Action for the foreclosure of a mortgage, and the recovery of an attorney’s fee.

<p> Appeal from Clayton District Court. </p> <p>Action to recover damages for the alleged negligent and unskillful manner in which the defendant, a physician, treated the fracture of the plaintiff’s arm. The answer is in denial, and also avers a settlement of the cause of action. There was a jury trial resulting in a verdict and judgment for the plaintiff for $450, and costs. The defendant appeals.</p>

At the June term, 1871, this cause was submitted to the court. At the.same term and on the 28th day of July, 1871, an opinion was filed, affirming the judgment of the district court, Oole, J., not concurring therein either as to the point respecting the rule for damages, or the amount of damages assessed by the jury. A petition for rehearing was duly filed, and thereon procedendo was stayed.

Appeal from Louisa Disi/riet Oov/rt. Application for mandamus. Demurrer to plaintiff’s petition overruled. Defendants appeal. The further facts are stated in the opinion.

This action is brought to recover the value of a mare belonging to the plaintiff which, it is alleged, was killed by the negligent running of a train of freight cars on defendant’s railroad, at the depot on said road in Dyersville. Jury trial. Yerdict and judgment for plaintiff. Defendant appeals.

Action for the recovery of a subscription toward the building of a church in Victor, Iowa. The petition alleges that defendant agreed to give two lots of the value of $400 and to pay $50 in money. That a deed for the lots had been demanded, which defendant refused to give. Judgment is asked for $450 and interest. The defendant filed a cross-petition in equity alleging that the subscription was made upon condition that the church should be erected upon the lots donated.

Action by au indorsee of a promissory note against the maker. Defense, that the note was given without consideration, and that the plaintiff was a purchaser with notice, etc. Trial to a jury; verdict and judgment for the defendant; the plaintiff appeals.

Action to foreclose a mortgage. The suit is brought by the indorsee of the note, who purchased the same before due. . The defense by A. Gr.

Action in equity to correct the description of certain real estate conveyed hy the defendant Eunice N. Gray to the defendant Joseph Willis, and by Willis to the plaintiffs, and to enjoin the defendants from asserting any title thereto. The cause was before us at the December term, 1810, upon an appeal from a judgment overruling the demurrer of Eunice N. Gray to the petition.

This is an action brought to recover for a balance alleged to be due and unpaid on a contract for the erection of a school-house, and for a writ of mandamus to require the levy of a tax to pay the same. The answer pleaded various matters in avoidance, to which plaintiffs demurred. The demurrer being sustained defendant appeals.

Defendant was garnished at the suit of the plaintiff against Billings & Co., November 8, 1869. At the December term, 1869, plaintiff obtained a judgment against Billings & Co. for $850. The answer of the garnishee was taken, in which he denied being indebted to the defendants in any sum, or that he had the possession or custody of any property belonging to them at any time since being attached as garnishee.

The object of the action is to recover from defendant, Gr. I. Brown, money received by him upon a promissory note made by Day Brothers to Jedediah Brown in his life-time, alleging that said note was a gift by said deceased to his wife prior to his death, in fraud' of his creditors; that the estate is insolvent, and that defendant took the note with notice, etc. The answer traverses all the material allegations of the petition, and also pleads a set-off of $372, to which no…

Action for a divorce and alimony. Decree for plaintiff. Defendant appeals. The facts of the case are found in the opinion.

On the 13th of October, 1871, the plaintiff filed his petition, alleging that on the 5th of April, 1869, at Bridge-ton, Maine, he sold and delivered to the defendants, Hugh Garrett and J. T. Webb, who were at that time, as he was informed and believed, about to engage in the business of manufacturing boots and shoes at Davenport, certain machinery, tools, patterns, pulleys, lasts, etc., for $2,554.95, and that it was agreed at the time of sale that the title to said property…

Petition for a writ of mandamus to compel defendant to accept tlie amount of plaintiff’s tender for redemption from tax sale, and to execute and deliver a certificate of redemption. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion.

Action for hilling plaintiff’s ox, by the alleged carelessness and negligence of the employees of defendant. Defendant admitted the killing of plaintiff’s ox, by its freight train, on its road, on a public highway crossing.

Action to recover of John T. and James Dickerson the value of professional services rendered in the defense of John Dickerson, charged with murder in Martin county, Minnesota. Answer in denial. Jury trial. Yerdict for plaintiffs for $300. Defendants appeal. The necessary facts are stated in the opinion..

The petition alleges in substance that the defendant is an incorporated city, and that in November, 1871, a man by the name of Lees was sick with the small-pox in said city; that defendant took Lees and the house in which he was confined with said disease under its charge and control, but neglected to take proper and ordinary precautions to prevent the spread of the disease; that said Lees died of said disease during the month of December, and the agents and employees of…

This action was commenced. September 1, 1871. On the 15th day of January, 1872, plaintiff filed his amended petition alleging in substance that on the 15th day of May, 1858, the defendant William Mills executed and delivered to Ann Eliza Mills his promissory note for the sum of $2,400.08, payable five days after date, and that to secure the same he executed his several mortgages, upon property situated in Davis, Warren, Keokuk and Floyd counties respectively.

This is an appeal from the decision of' the district court on a motion made by the defendant to set aside the execution and cancel the judgment. The court overruled the motion, and the defendant appeals.

Suit in equity brought August 30, 1869, to quiet title in plaintiff to the east half of lot seven, block twelve, in the town of Washington. A demurrer to the petition was sustained. The material facts of the petition and demurrer are set out in the opinion. The plaintiff appeals.

Action on a promissory note before a justice of the peace. Judgment for defendant. Plaintiff appealed to the circuit court where the cause was tried by a jury. Verdict and judgment for plaintiff. Defendant appeals. The essential facts are stated in the opinion.

Appeal from Li/nn Oi/reuit Gou/rt. Action on note. Trial by the court. Judgment for plaintiff. Defendant appeals. The further facts appear in the opinion.

The defendant was indicted, tried and convicted of an assault with intent to commit murder upon Michael Finch. The court sentenced the defendant to imprisonment in the penitentiary for the term of five years. Defendant appeals.

Action to enforce an alleged trust of real property. The petition states that the plaintiff Margaret A. Peters (formerly Margaret A. Ritchey) is the widow of John B. Ritchey, deceased, who died intestate in Lee county, Iowa, on the 27th day of July, 1852; that the other plaintiffs, James M. Ritchey and Joel O. Ritchey, are children and heirs at law of said deceased; that said John B. Ritchey was a son of James Ritchey, who died Marsh, 1869, in Clark county, Missouri, after…

The plaintiff filed her petition asking the court to set aside a sale and deed made by her guardian of certain real estate which belonged to her during her minority. Defendants demurred to the petition, which being sustained by the court, plaintiff appeals.

The petition shows that Michael J. Sullivan, deceased, late husband of plaintiff, was the owner, at the time of his death, of lot No. 127 in the city of Dubuque, and for a long time prior to his decease had used and occupied the same as his homstead, and that since his death the plaintiff, with the minor children of deceased, have continued to so use and occupy said premises.

The plaintiff filed his petition and applied for an injunction to restrain the enforcement of certain judgments against himself and the defendant Aiken. A preliminary injunction was issued, and upon a hearing the same was dissolved as to one of the judgments. Plaintiffs appeal. The further facts are stated in the opinion.

Action at law. The petition alleges that the defendants, as directors of the district township of Pleasant Yalley, in the county of Johnson, agreed in writing to purchase of D. L. Bugbee & Co., certain maps and globes, and to pay therefor by an order on the school treasurer of the district. The articles contracted for were delivered to defendants, and Bugbee & Co. received tbe order on the treasurer as provided for in the contract.

Defendant was indicted and convicted of burning a stack of hay and a stable and granary, the property of Samuel Canfield, and, being under the age of twelve years, was sentenced to the reform school for the term of two years; he appeals to this court.

Action in chancery brought by John Wholihan in his life-time. Pending the suit he died, and the administrator of his estate and his heirs are made plaintiffs.

Plaintiee brought his action at law to recover against defendants as stockholders of the Fire and Tornado Insurance Company.

Action at law to recover damages claimed on account of the location and construction of defendant’s railroad on a different line than the one agreed upon by the parties, and intended to be covered by a deed for the right of way executed by plaintiff to defendant, and for the failure of defendant to construct a cattle-pass under its road, in compliance with an agreement so to do embodied in the deed for the right of way.

Action to enjoin from further causing a diminished flow of water in plaintiff’s spring, alleged to have been effected by the defendant in digging a well on its right of way, and in pumping water therefrom for the use of its engines. The cause was tried to .the court without a jury. The court rendered judgment for the defendant; but no facts were found or conclusions of law stated. The plaintiff appeals.

Indictment for resisting an officer in the discharge of his duty. Demurrer to the indictment was sustained. The State appeals.

On the 16th day of May, 1872, the plaintiff filed his petition, claiming of the defendant, William H. Hewett, the sum of $251.25, being two installments of rent due April 1st and May 1st, 1872, and interest to date of suit, on a certain lease of date February 1, 1870, executed by plaintiff to Hewett & Kurse, and by them' assigned to defendant Hewett, of certain premises, Nos. 1 and 3 East Second street, in Davenport, for the term of five years from March 1, 1870, at the…

The grand jury presented an indictment against the defendant as follows: “ The jurors of the grand jury of the State of Iowa, within, etc., upon their oath do aver, find and present that M. T. Close, at and within said county, on the 1st day of April, A. D. 1869, being possessed of a certain mill-dam and mill, with their appurtenances, situate near and adjacent to a common highway and public road, and the dwelling-houses of divers persons and citizens of Johnson county, did,…

<p>1. Criminal law: sufficiency of indictment. An indictment describing an offense in the language of the statute, though the offense be not designated by name, is sufficient.</p> <p>2. - So, if the offense charged has no name given to it by the statute, the giving it a name in the indictment, which is repugnant to the facts alleged as constituting the offense, will be regarded as surplusage.</p> <p>3. -venue. An indictment against a defendant, under section 4852 of the Revision, for keeping a house of prostitution, is sufficient as to. venue if it charges the offense as committed within the county.</p>

This is a certiorari proceeding to review the action of the board of supervisors of Dubuque county in establishing a road. TJpon a trial in the district court the proceedings of the board complained of were affirmed, and judgment rendered accordingly. The facts fully appear in the opinion. Plaintiff appeals.

This action was tried upon the following agreed statement of facts: That plaintiff Secrest leased his farm to the said Stivers, defendants, October 1, 1869, for one year, ending October 1, 1870, for two-fifths of all the grain raised on the premises, about one hundred and forty acres, the small grain to be delivered in the bushel and the corn in the crib on the premises; that defendant, the said Stivers, abandoned said farm in August, 1870; that there were planted in corn by…

Action upon a policy of insurance. The petition averred the issuance of the policy, the loss, proof and notice of it, and the failure of defendant to pay. The answer admits the making of the policy; and avers that the plaintiff never paid any premium, but gave his note for it, which is and was at the time of the alleged loss, long past due and unpaid, and by the terms of the policy as set out by plaintiff, the defendant is not liable for the loss.

Action by tbe plaintiff, J. M. Way, as administrator of tbe estate of Wm. H. Palmer, deceased, to recover damages for the death of said decedent, alleged to have been caused by the negligence of the defendant’s employees. The issues made by the pleadings are as to the negligence of the employees of defendant, and other want of care by the decedent, connected with the act which produced the death.

<p> Appeal from Clarke District Court </p> <p>INCOMPLETE RECORD.</p> <p>The facts are stated in the opinion.</p>

Appeal to circuit court from an assessment of damages sustained by location of road. Appeal dismissed, and plaintiff again appeals. The facts are stated in the opinion.

Replevin of personal property, consisting of carriages, horses and harness. Jury trial. Verdict and judgment for defendants. Plaintiff appeals.

This action is brought to recover damages for breach of promise of marriage, and also for damages for seduction. Trial by jury. Verdict and judgment for plaintiff. Defendant appeals.

Equitable action for redemption of lands from sheriff’s sale. Decree for defendant. Plaintiff appeals. The facts are stated in the opinion.

Action at law. The original petition alleges that plaintiff sold to defendant certain real estate and received in payment therefor stock to the amount of $2,500 in a corporation ; that defendant was a large stockholder and president of the corporation, and for that reason was fully acquainted with its condition and the value of its stock, and that plaintiff had no means of knowledge upon the subject; that plaintiff, knowing defendant’s means of knowledge, relied upon his…

At the instance of plaintiffs, an injunction issued in vacation, restraining the defendants from selling certain property of the plaintiff Margaret Greff, levied upon under an execution. At the hearing the injunction was dissolved, and the petition of plaintiffs was dismissed. Plaintiffs appeal. The necessary facts are stated in the opinion.

George and John Swartz were joint owners of two hundred and seventy-two acres of land in Winneshiek county. The legal title was held by George Swartz, who died intestate, leaving a widow and two children surviving him. Leonard Swartz was appointed guardian for the children, and obtained an order from the proper court for the sale of said land. The guardian, the widow, and John Swartz, united in the sale and conveyance of the land to the defendant for $2,000.

These actions were instituted by the several plaintiffs therein, who are judgment creditors of Charles S. Philips, to set aside a certain conveyance made by said Charles S. Philips to his father, Edward Philips, of certain real estate; also certain chattel mortgages executed between the same parties, which conveyances and chattel mortgages the plaintiffs severally allege were made by the parties thereto with the intent to cover up the property therein described, and put the…