Volume 47 — Iowa Reports

<p> Appeal from Woodbwry Cvrouit Oowrt. </p> <p>Action to recover for services in teaching the school in sub-district No. 3, of the defendant District Township. The service was performed as alleged by the plaintiff in her petition, but the defendant denies all liability to j>ay for the service, because, as it alleges, the county superintendent of Woodbury county released the directors of said district township from the obligation to maintain a school in said sub-district, and the directors voted against maintaining a school in. said sub-district, which was known to the plaintiff; and the contract between her and the sub-director was not approved by the president of the district. Other facts appear in the opinion. Trial by jury. Judgment for plaintiff. Defendant appeals.</p>

Appeal from Webster District Court. The defendant was convicted of having been found in a state of intoxication, and now appeals to this court.

Action to recover possession of forty acres of land in tlie county of Lucas, to-wit: the northeast of northwest of section 19, 73, 21. The defendant claims title by virtue of a tax deed. The plaintiff claims that the land was not taxable at the time of the tax sale.

Action to foreclose a mortgage. The answer admits the execution of the notes and mortgage, and that the same were given in consideration of the conveyance by plaintiff to one of the defendants of the premises described in the mortgage; that said conveyance ‘was a warranty deed, and that at the time it was executed the premises were incumbered by a mortgage executed by the plaintiff, which has been foreclosed; that at the time the defendant purchased the premises the…

One W. S. Adamson is the owner of a large quantity of land in the school district township of Freedom, in Palo Alto county. He also owns lands in the district townships of West Bend, Nevada, Fern Valley, Emmetsburg, and Vernon. In 1874 Adamson was allowed $20,000 exemption from taxation on account of fifty acres of forest trees planted and cultivated in Freedom township.

On the 20th day of April, 1876, plaintiff commenced an action upon a promissory note, and for the foreclosure of a mortgage executed to secure it. The note is as follows: “Guthrie Center, Iowa, April 16, 1875.

Plaintiff commenced an action by attachment before a justice of the peace against one Harper. Appellant was garnished, and on the 13th day of December, 1875, appeared and answered that he was indebted to Harper in the sum of $32.75.

The defendants are members of the board of supervisors of Bobne county.

In September, 1874, the Mahaska County Coal Company made an application in writing to the sheriff of Mahaska county, for the appointment of a sheriff’s jury to assess the damages which J. G. Jones and Watkin R. Price would' sustain by reason of the appropriation of their land by said company.

On the 5th day of February, 1877, the plaintiff filed his petition alleging, in substance, that on the fifth day of May, 1876, a resolution for the extension of the corporate limits of the city of Iowa City was proposed to the council of said city, that at the meeting of said council when said resolution was passed there were only six trustees present, though there were at the time eight duly elected, qualified, and acting trustees, in and for said city; that without said…

Action in chancery to set aside a deed for the homestead of plaintiff, executed by her and her husband, and to quiet the title thereof. The relief prayed for in the petition was granted by the decree of the court, from which defendants appeal. The facts of the case are found in the opinion of the court.

This is an action upon a promissory note, dated May 29, 1876, executed by defendant Fletcher to plaintiffs, and to enforce the lien of a chattel mortgage of the same date, executed upon a stock of goods, wares and merchandise to secure said note. The petition alleges that the defendant Davis claims to have an interest in or lien upon the goods described in the chattel mortgage, but avers that his lien is junior and inferior to that of plaintiffs.

<p>1. Domicile: effect of insanity. Where a person removes to a county with the intent to reside there the domicile thus acquired is not affected if he afterward, and before he acquires a legal settlement, becomes insane, and his insanity will not prevent his acquiring a settlement.</p> <p>2. -: statute of limitations: county. The cause of action for the support of a pauper arises when the support is furnished and the operation of the statute of limitations is not suspended by the ignorance of the county furnishing it that the pauper is chargeable upon another county.</p>

Action to foreclose a mortgage. The court below only gave the plaintiff a part of the relief asked for in the petition, and he appeals. The facts are stated in the opinion.

Action upon a promissory note. The defendants admit the execution of the note, but aver that the same is usurious. Other facts are stated in the opinion. Judgment for plaintiff. Defendants appeal.

<p>1. Appeal: assignment op error. An assignment of error, to the effect . .. that the evidence fails to sustain the finding of the court, is not well taken when the abstract fails to state that all the evidence is presented to the court.</p> <p>2. -: corporate power: pleading. The question of the corporate power of a party to an action cannot be first raised on appeal, but must be specially pleaded.</p>

Appeal-from 'Mills District Gourt. The action first above named was brought to set aside certain deeds executed by the plaintiff, Mills county, to the defendant, the Burlington & Missouri River R. Oo. The Chicago, Burlington & Quincy R. Co. and others are made defendants as claiming title through the Burlington & Missouri River R. Co. The action last above named was brought by the Chicago, Burlington & Quincy R. Co., to recover of Mills county the sum of ten thousand dollars.

<p> Appeal from Iowa District Gowrt. </p> <p>Action to recover double tbe value of one borse and five colts alleged to have been killed by a train at a place upon the defendant’s road where defendant had the right to fence but it was not fenced. There was a judgment upon a verdict, from which defendant appeals.</p>

The intervenor filed her petition in a cause pending, in which C. H. and L. J. McCormick were plaintiffs, and David Richardson was defendant, claiming that she was the absolute owner of the following property, attached as the property of David Richardson, to-wit: One gray mare, of the value of $150; one bay horse, of the value of $150; one bay mare colt, of the value of $50; one lumber wagon, of the value of $60, and one set of double harness, of the value of $25.

Action to recover damages sustained by plaintiff caused by wrongful ejection from the cars on defendant’s road. The petition contains two counts.

Action in equity to set aside a contract between the plaintiff and the American Emigrant Company, and a deed from plaintiff to said company; to quiet in the plaintiff the title to certain lands, and to require the defendant, Savery, to account for certain money received by him. -The facts are stated in the opinion.

<p>Í. Highway: damages: joint owner. Where one of the joint owners of land, through which it is asked that a highway be established, fails to claim damages before the board of supervisors, he cannot be made a party to an action therefor on appeal in the Circuit Court, at the instance of the other joint owner.</p> <p>2. -:----: -. The joint owner who has taken the appeal may be permitted to introduce evidence 'showing the damage for the entire tract, and will be entitled to his proportion thereof, notwithstanding the other owner refuses to join in the proceeding.</p> <p>3. -: -: fence. The owner of land through which a highway is established is not entitled ¿o the cost of constructing a fence, in the assessment of damages, although the fact that his land is thereby left open and unfenced may be considered.</p> <p>4. -: -: costs. . Where the owner of the land appeals from the award of damages by the appraisers he is entitled to a judgment for costs, notwithstanding the amount awarded in the Circuit Court was the same as that given by the appraisers.</p>

The plaintiff acted as police judge of tbe city of Des Moines from March-16,1874, to March 20,1876, and brings this action to recover for fees as such judge. The petition avers that the fees accrued in actions brought for the violation of city ordinances. It contains two counts. In the first, the plaintiff claims for fees in actions in which judgment was rendered against the city.

<p>1. Practice: change of venue: costs. Where a change of venue had been granted, and the costs were ordered to be paid by the applicant, upon whose failure to discharge the same the order granting the change was set aside and judgment by default rendered, held, that although the costs were subsequently re-taxed, and their amount paid by the applicant, this did not entitle him to have the default set aside and the change of venue again granted.</p>

The sole object of this action is to enjoin the defendants from interfering with and disturbing a public school. A temporary injunction was granted, which on motion was dissolved, and the plaintiffs appeal.^

In the first of tlie above cases a petition was filed claiming of the defendants the sum of five hundred dollars, and alleging that J. B. Merrihew was indicted by the grand jury of Polk county for the Crime of larceny; that the venue was changed to Dallas county; that the defendants, O B. and D. G. Merrihew, with J. B. Merrihew as principal, entered into a written undertaking, in pursuance of the statute, that J. B. Merrihew should appear and answer said indictment in the…

Action in chancery to set aside a deed on the ground that, at the time of its execution, the grantor (ward of plaintiff.) was of unsound mind and incapable of making a contract of the nature of the instrument, and no consideration was paid upon its execution. The cause was tried upon written evidence taken by order of the court, and a decree rendered granting the relief prayed for in the petition. Defendants appeal. Other facts of the case appear in the opinion.

. This is a summary proceeding brought against defendant, who is the clerk of the District Court, under Code, title 17, chapter 13, to compel him to pay to plaintiff certain, money received upon a judgment in his favor. The proceeding, as required by the statute cited, is a motion, and was submitted to the court in compliance with rules prescribed in such case.

This is an action to quiet the title and recover the possession of certain lands, which the plaintiffs claim under tax deeds executed November 6th, and recorded November 9th, 1872. The defendant by answer and cross-bill alleged that the fee simple title is in her, and that the title of plaintiffs is void, for the following reasons: 1.

Action in chancery. Upon a trial, on written evidence, the Circuit Court dismissed plaintiff’s petition and he appealed to this court, where the judgment of the court below was reversed. See 45 Iowa, 160. A procedendo, in the usual form, was issued in the cause by this court, and the case was put again upon the docket of the Circuit Court. Defendant, after the cause was remanded, amended his answer, setting up a new defense, which plaintiff moved to strike from the files.

On the 26th day of July, 1876, the plaintiff commenced an action against the defendants on two promissory notes, together amounting to the sum of $8,300, executed by J. Bringolf & Son to D. M. Bringolf, and by him indorsed, and procured an attachment to be levied upon real estate of the defendants, on the ground that they were about to dispose of their property with intent to defraud their creditors.

Action in equity to set aside certain conveyances of real estate as being fraudulent. The answer denied the allegations in the petition, and set up the statute of limitations and a former adjudication in bar of tbe plaintiff’s right to the relief demanded. The court found for the plaintiff and entered a decree accordingly, and defendants appeal.

The petition in substance alleges that on the first day of February, 1875, the defendant was engaged in carrying on business in Winterset, Iowa, as a dealer in agricultural implements; that prior to February 1, 1875, William-Hedge and one N. T. Yorse, as partners, negotiated with defendant for the purchase of the said implement business, which was consummated Feb. 1, 1875, by N. T. Yorse, and the purchase of said business completed for himself and William Hedge as partners;…

Indictment for obtaining property by means of false pretenses. On motion of tbe defendant the court directed the jury to find him not guilty, which being done, the State appeals.

■ Action against the indorser of commercial paper. There was a judgment in the District Court for plaintiffs; defendant . appeals. The facts of the case appear in the opinion.

. Action by tenants in common to establish their interest in certain lands against defendants, who claim title thereto under a sale upon an execution, and also under a tax sale. The execution sale, it is alleged, is void, and plaintiffs claim the right to redeem from the tax sale.

Appeal from Harrison District Court. ■ Indictment for an assault with intent to commit a rape. There was a conviction, and defendant appeals.

<p>1. Services: husband and wife: employment of wife. The employment by the owner of a farm of the husband, to take charge of and carry it on, does not imply the employment of the wife, in such sense as to entitle her to compensation from the owner for house-work performed in the family of'her husband, in the absence of an agreement that she shall be paid for her labor.</p> <p>2. -:--:--. In an action by her to recover for such services it was held erroneous to instruct the jury that her character for industry, care and prudence was not material, and that evidence pertaining thereto should not be considered.</p>

The plaintiffs appeal from an order of reference of this cause to D. D. Chase, Esq., made on the 2d day of October, 1875, upon motion of the defendants. The facts are stated in the opinion.

Action to recover for personal injuries. The plaintiff, while employed by the defendant in running a steam engine was injured by the explosion of the boiler. He avers that the boiler and pumps connected therewith were defective and that the defendant was guilty of negligence in using such boiler and pumps.

The plaintiff is a corporation in tbe state of New Fork, .doing business in Iowa. On the 28th day of January, 1876, by its policy of insurance, the plaintiff undertook to insure the defendants against loss by fire, in the sum of $3,000, upon a certain building, with a stock of goods therein, situated in the town of Stuart, Guthrie county, Iowa.

<p>1. Evidence: examination of witness. A witness cannot be called by a party for the purpose of disproving a fact which the party himself has admitted as a witness.</p> <p>2. Principal and Agent: unauthorized sale. The care and use of the property of the parent by the son, accompanied by declarations of the latter that the property is his own, or that he is authorized as agent to dispose of it, will not prejudice the parent’s right or title to the property after sale by the son, without proof of her acquiescence in the latter's claim of ownership or agency.</p> <p>3.--: -: fraud. In an action by the parent to recover her property sold without authority by the son, the plaintiff’s right to recover the property would not be affected by the fact that the sale was consummated through fraud.</p> <p>4. Replevin: measure of damages. In replevin, when the defendant has given a delivery bond for property which perishes in his hands, plaintiff’s measure of damages for unlawful detention is the same as if the property had been preserved to abide the result of the action.</p>

Action in attachment to recover for house rent, etc.- The defendant, Sophia Stiles, filed an answer denying all indebtedness to the plaintiff, and by way of counter-claim asked judgment against the plaintiff for damages for the wrongful suing out of the writ of attachment. The jury, by way of special verdict, found there was due the defendant as actual damages for the wrongful suing out of the writ $851.50, and as exemplary damages $75.

Action in equity to restrain the collection of a judgment at law.

The averments of the petition are, in substance, as follows: In February, 1859, W. H. Postlewait and wife made to Moir & Bro. a mortgage upon certain real estate to secure a note of $10,000. This mortgage, being unpaid, was a first lien on said real estate. In April, 1870, Postlewait made a second mortgage to plaintiff upon the same land to secure a note of over $2,000.

Action to recover certain taxes paid by tlie treasurer of Oar-roll county to the defendant. The taxes were collected upon certain railroad lands in said county, and they were paid to the defendant, because the lands at the time the taxes were levied were within the defendant district township.

<p> Appeal from Cerro Gordo District Cowrt. </p> <p>The facts are stated in the opinion.</p>

Action to recover possession of real estate. Both parties claim title. The defendant, under a warranty deed from the •plaintiff!, and by reason of the bringing of this action, claims •the right to recover his reasonable attorney’s fees incurred in his defense herein. The court found for the defendant as to the ownership of the property, but refused to render a judgment for any amount for attorney’s fees.

Tbe Chicago, Dubuque ■ & Minnesota R. Company is organized under the laws of Iowa, with its principal place of business in the city of Dubuque. The road' owned by the company extends from Dubuque northerly along the Mississippi river, a distance of 118 miles, passing through Dubuque, Clayton and Allamakee counties, in Iowa, and through the towns of McGregor and Lansing, among .others.

The plaintiff purchased of the defendant his interest in the stock and grocery business of Gilbert & Philbrick, in Sioux City, Iowa, paying Mm therefor the sum of $2,000.

Action in equity to recover certain sums of money for grading, curbing, guttering and macadamizing Marshall street, in the city of Burlington. A judgment and decree was entered in favor of the plaintiff, and the defendants appeal.

The goods were delivered to the defendant at Worcester, Mass., to be shipped to plaintiff at Muscatine, Iowa.. The bill of lading under which the same were shipped contained a heading in the following words: “Merchants’ Despatch Transportation Company.

This is an action against John A. Schmidt, as principal, and F. J. Lambert and O. C. Tredway, as sureties, on the bond of said Schmidt as special administrator of the estate of Charles Gardenberger, deceased. The bond is in due form, executed by the defendants, and-approved and filed by the clerk of the Circuit Court. To the petition the defendant, Tredway, filed an answer, the first count of which is as follows: “The defendant, O. 0.

. This is au action in equity to set aside a tax deed, under which defendant claims title to the northwest quarter of the southwest quarter of section 23, township 82, range 25. The plaintiff alleges that the taxes for 1864, the-year for which the lands were sold, had been paid before the sale, by plaintiff’s grantor. The defendants deny the alleged payment of taxes, and plead the statutory limitation of five years.

Action for slander. The words spoken are charged in the petition in the following language: “That on or about September —, 1876, at Seventy Six township, Washington county, Iowa, defendant did, in the presence of Sarah J. Long and others, utter, publish and declare of and concerning petitioner the following false, malicious und slanderous words: cShe stole our hair brush and took it to Illinois; I can’t help it, she did steal our hair brush and went to Illinois; I can prove…

The plaintiff is the holder of a promissory note made by one Hiram Bates, now deceased. The note was filed as a claim against the estate September 30, 1875. One N. Eisher had been appointed by the Circuit Court of Tama county administrator of the estate, and had given notice of his appointment by publication commencing September 24, 1874, being more than a year prior to the filing of plaintiff’s claim.

Action to recover of the defendant the value of certain goods which it, as a common carrier, received at New York, and undertook to deliver, as the plaintiff claimed, at Iowa City. The defendant, while admitting the receipt of the goods, claimed it only undertook to carry them to Chicago, where the goods, without fault on its part, and after the contract of carriage had been performed, were destroyed by fire.

Tiie plaintiff’s petition is in these words: “1. On or about the month of June, 1874, and subsequent thereto, one A. F. Luudin was employed to construct and build upon lots 19 and 20 of block 39 in Barrett’s Addition to Burlington, Iowa, a stone cellar and foundation wall for a‘frame dwelling house upon said lots. “ 2. That the said lots belong to the defendant, Ann Cover, as he has subsequently learned.

Action iii equity on a policy of insurance against fire on real and personal property. The premises were incumbered by mortgage, which was owned by Carl Schroeder, and he intervened, claiming the policy had been assigned to him, and that he was entitled to recover thereon to the extent of his interest. The pleadings were so framed as to properly present the questions discussed in the opinion. There was a finding and judgment against the company, and it alone appeals.

Appeal from Scott District Court. Action at law. The cause was tried to the court without a jury, and a judgment had for plaintiff. Defendant appeals.

That we, N. IT. Hanna as principal, and O. E. ITobbie as surety, are held and firmly bound unto Henry Adye in the sum of one hundred and twenty dollars, and to the payment thereof hereby bind ourselves and our legal representatives. Dated, Columbus Junction, Iowa, December 22, 1874.

<p>1. Judgment: action upon: demurrer. An action cannot be maintainecl on a judgment rendered in a court of record in this state, within fifteen years from the time the judgment was rendered, without leave of court first obtained, and a petition in such a case which fails to allege that leave has been obtained is assailable by demurrer.</p> <p>2. Practice: overruling op demurrer. Where a party excepts to the overruling of his demurrer and takes time to answer, but fails to answer. " and allows judgment to be entered against him, he is presumed to stand upon the demurrer, and does not waive his objection to the court’s ruling.</p> <p>3. Constitutional Law: abolition op remedy. The abolition by legislative enactment of one of two remedies is not an impairment of the obligation of contract within the meaning of the constitution.</p> <p>4. -: repeal op statute: remedy. The repeal or change of a statute pertaining to the remedy does not impair the obligation of contracts entered into under the statute.</p>

<p>1. Common Carrier: shipping receipt: contract. Where a common carrier, upon the delivery of merchandise for transportation, issued to the consignor a shipping receipt which stated that the bill of lading would be issued upon application at a place designated therein, and that the merchandise would be transported subject to the conditions expressed in the bill of lading, held, that the bill of lading and not the shipping receipt embodied the contract of the parties, and that the consignee would be bound by the conditions expressed in such bill of lading.</p> <p>2.--: -: running cars on Sunday. The fact that the cars containing the merchandise were run and unloaded on Sunday, in alleged violation of tho statute of Illinois, would not subject the carrier to liability, if the merchandise was destroyed.</p>

Át the November term, 1874, of the Montgomery District Court, the defendant was indicted for the erime of keeping a nuisance. lie was afterward arrested upon a bench warrant, and held to bail for his appearance, to answer to the indictment. ■. The court again convened, on the 11th day of May, 1875, and continued in session until the 22d day of the same month.

Action at law. The petition alleges that in proper proceedings in the United States District Court J. E. Wilkins, H. E. Gilbert and P. E. Stewart were jointly adjudged bankrupt, and plaintiff was, July 31, 1871, duly appointed assignee of their estate, and qualified as such; that after the adjudication of bankruptcy Barredell Gower brought a suit against the bankrupts to enforce a lien for rent held by him upon certain goods which were seized under an attachment issued in…

<p>1. Conveyance: breach of covenant: rights of grantor. Where judgment was obtained against the grantor of’land upon the covenants of warranty in his deed, on the ground that the title conveyed was in dispute and uncertain, held, that he was entitled to a re-conveyance of the land free from any liens or incumbrances thereon created by the acts of his grantee.</p> <p>2. Practice: in equity: amendment. Amendments to the pleadings in a chancery case which has been tried de novo in the Supreme Court and remanded may be allowed where they state newly discovered evidence or material facts not in existence at the time of the trial.</p>

In the year 1855 Walter C. Brock of Ohio entered 280 acres of land in Adams county, this State. In 1859 Brock sold said land to one Moore. Befoi’c a conveyance was made, Moore resold 200 acres of the land to James McMillen. On the 1st day of February, 1859, Brock, by deeds of general warranty, convoyed the 200 acres to McMillen and tlio remaining 80 acres to Moore. Moore and McMillen afterwards conveyed the lands to other parties.

<p>1. Judgment: infancy: injunction. Where the court has jurisdiction of the person of a minor and of the subj eet matter of the action, the failure to appoint a guardian acl litem is a mere irregularity, and the judgment rendered is in force until set aside by direct proceedings. Injunction will not lie to restrain the enforcement of the judgment.</p>

Appeal fro7n Bentoo% District Court. This cause was before the court at a previous term on demurrer to the petition, and is reported in 40 Iowa, 166.

The plaintiffs, claiming to be the owners of certain real estate, brought this action to' recover the amount due as rent of said premises under a lease which the defendant had executed to one Wonderlech.

The plaintiffs entered into a written contract with defendant, by which they agreed to excavate a certain part of High Street, in said city, to the established grade, the work to be done in a workmanlike manner, under the direction of the Internal Improvement Committee of the city council and the engineer, to their approval. The price fixed for said work by the contract was seventeen cents per cubic yard.

- In 1859 Kelly & Harding commenced an action against Joseph and Jane A. Harper for the recovery of $1,900 due on a promissory note and the foreclosure of a mortgage executed to secure it. Joseph and Jane Harper resided in Plattsmouth, Nebraska. On the 28th day of February, 1859, they were personally served with notice by the sheriff of Cass county, Nebraska. Afterwards an affidavit of non-residence was filed, and they were served with notice by publication.

Action in chancery to subject certain real estate to a judgment recovered by plaintiff against Lenox Dayton, on the ground that the property was conveyed to defendant for the purpose of defeating the collection of plaintiff’s claim. The cause was sent to a referee, and upon his report a decree was rendered granting the relief prayed for in plaintiff’s petition. Defendant appeals.

The defendant was indebted to the plaintiff upon certain notes secured by a mortgage upon real estate. After the cornmencement of an action of foreclosure the defendant executed to the plaintiff another mortgage upon other real estate, and the action was dismissed. The second mortgage was intended as additional security for the debt secured by the first mortgage, and it stipulated that there should be no proceeding to foreclose on the first mortgage until December, 1877.

This is. an action upon a promissory note executed by the defendant, as follows: “ One year after date I promise to pay to E. B. Shattuck, or order, one hundred dollars, with 10 per cent interest from date, and reasonable attorney’s fees for collection, if action is brought hereon, payable at the City Bank, Marshalltown, Iowa.” The answer alleges that at the time of the .execution of the note sued on the defendant, George Bonawitz, was indebted to one Romberger in tbe sum of…

The plaintiff, Mary J. Myers, as widow, arid tbe other plaintiffs as children and heirs of Michael Myers, Jr., claim the undivided .one-seventh of certain lands in the petition described, and ask that the same be partitioned. The defendants claim title to the land in virtue of administrator’s sales made March 30 and August 8, 1863, and December 17, 1864, by M. W. Robinson, administrator of the estate of Michael Myers, Jr., deceased.

Action upon the. covenants of warranty in a deed; the breach alleged is the non-payment of certain state and county taxes for the years 1860 and 1861, which were liens upon the land, and which, before the commencement of this action, were paid by plaintiff. The deed was executed in 1862.

E. M. Davis was the owner of a tract of land near the city of. Clinton, through which a public road„ was located. He sold and conveyed to the plaintiff a part of said land which he claimed was sitaated upon one side of the road. It was understood between Davis and the plaintiff that the road was sixty feet wide, and one half of it was to be on the land purchased by plaintiff.

Action to assigu a widow’s distributive share in real estate. The plaintiff is the widow of one J. W. Jones, who died intestate, leaving real estate in the counties of Polk, Dallas, Webster and Warren, his homestead at the time of his decease being in Polk county. Three referees were appointed to make the assignment, all of whom were residents of the city of Des Moines.

. This is an action for tbe recovery of five Massillon harvesters.

Action to recover for injury to the plaintiff’s hogs by running over them, and for injury to his grass, fence and corn by setting out a fire whereby the same were burned, which injury was done, in part, prior to the act in relation to setting out fires. Code, § 1289. The facts are stated in the opinion. Judgment for plaintiff. Defendant appeals.

This is an action for the recovery of fifty dollars, on account of injuries inflicted to plaintiff’s colt whilst crossing an alleged defective bridge, claimed on be under the control of defendant. The defendant, for answer, admits that it is a corporation, and denies all the other allegations of the petition. After answering, defendant offered to confess judgment in favor of plaintiff for the sum of ten dollars and the costs at that time accrued. This offer was not accepted.

The petition in this case'claims of defendant $554 for wharfage fees due to the plaintiff by virtue of an ordinance of the city. It is averred that the defendant was the -owner of a number of steamboats which landed at the wharf of plaintiff, and that by section four of said ordinance the defendant became liable to pay plaintiff the sum of five dollars for each landing. Sections one, four and five, of said ordinance were set out in the petition.

The defendant is administrator of the estate of Louisa Walton, deceased. The plaintiff filed as a claim against said estate a promissory note for $1,000, purporting to have been executed by said Louisa-Walton on the 15 th day of March, 1871, and payable to the plaintiff, or bearer, in two years from ■date. .

The plaintiff filed its petition claiming of defendants the sum of $1,000, for an alleged breach of the conditions of a bond of which the following is a copy: “Know all men by these presents, that Wm.

Action of replevin to recover the possession of forty-two horse rakes. There was a verdict and judgment for plaintiff. Defendant appeals. The facts of the case appear in the opinion.

Action to recover rent due upon a lease. The cause was tried to the court without a jury, and judgment rendered for defendant. Plaintiff appeals.

The defendant was indicted for the crime of swindling. There was a trial, verdict of guilty, and judgment. Defendant appeals.

The plaintiff avers in his petition that the defendant has entered upon, and constructed its railroad across his land, and claims to recover for damages thereby sustained. The defendant admits the building of its railroad across the land in question but denies that the plaintiff is the owner of it. It avers that the land in question is below ordinary high water mark upon the Mississippi river. Whether it is so, or not, is the question in this case.

Action to recover for personal injuries sustained by plaintiff, while in the employment of defendant, by reason of the negligence of defendant’s employes. There was a verdict and judgment for plaintiff; defendant appeals. The facts involved in the questions of law determined by the court are found in the opinion. The case has before been in this court upon a former appeal by defendant. See 41 Iowa, 344.

Appeal from Dubuque District Gou/rt. The defendant was convicted and sentenced for the crime of burglary, and now appeals to this court.

The petition alleges that on the 29th day of January, 1876, the plaintiff, residing in the State of Pennsylvania, executed to the defendants a promissory note as follows: .“Januaey 29, 1876. . Two years after date I promise to pay to the order of Gr. and J. H. Shoenberger five thousand dollars, without defalcation, value received, with interest from date, payable semi-annually.

On the 17th day of September, 1875,' the plaintiffs filed their petition for a writ of certiorari, commanding the board of supervisors of Louisa county to certify up to the court a full and complete transcript of their proceeding respecting an order made at the June term, 1875, of said board, submitting to vote the question of the relocation of the county seat of said county, including the original petitions, remonstrances and other papers.

Action in equity. Tlie defendant, William O’Brien, is the son of John O’Brien, deceased. The latter conveyed to the former certain real estate in consideration of one dollar, on condition that the said real estate should not be sold, or in any manner disposed of, during the life time of the deceased.

The defendants leased of one G. W. Wilson a store room for one year, commencing April 1, 1876, agreeing to pay tlierefor $240, payable quarterly'in advance. Plaintiff having purchased the premises at sheriff’s sale, on the 29th day of September, 1876, commenced an action for two quarterly installments, alleging that nothing but time was wanting to fix an absolute indebtedness, and that defendants were about to dispose of their property with intent to defraud their creditors.

<p> Appeal from Climton District Court, </p> <p>This action was commenced on the 1st day of August, 1874, for the recovery of certain real estate. It is averred in the petition that the plaintiff is the absolute owner of the land by' virtue of a certain tax deed made to him on the 8,th day of November, 1869, and recorded on the 15th day of the same month; and that said deed was made pursuant to a tax sale of said property to the plaintiff on the 1st day of October, 1866, for the delinquent taxes for the year 1865; that- the plaintiff has paid the taxes upon said land for, all the years since said sale, and the defendant is now, and has been since prior to October 1, 1866, in the actual possession of said real estate, and that he and his family, during all of said time, have occupied the. same as their homestead.</p> <p>The defendant demurred to the petition, upon the ground that the plaintiff’s right to recover was barred by the statute of limitations, not having been brought within five years from the date of the sale, and that at the time of the sale, October . 1st, 1866, and up to the commencement of this action, said property was in tlio actual possession of the defendant and his family as a homestead.</p> <p>The demurrer was sustained, and judgment was rendered thereon. Plaintiff appeals.</p>

Action on attachment bond to recover damages for wrongfully and maliciously suing out an order of attachment. There was a trial, judgment for plaintiff, and defendant appeals.

Action to recover for an alleged wrongful taking by defendant of certain personal property belonging to plaintiff. The property consisted of furniture and fixtures used in an eating and boarding Louse in Cedar Rapids, Iowa. The plaintiff purchased the property of the defendant the 27th day of December, 1875, for the price of $3,000. He paid $300 down and gave his notes for the balance, secured by a chattel mortgage upon the property.

■Action of replevin for an organ. The cause was sent to a referee, who reported findings of facts and law which entitle plaintiff to recover. A judgment according with the report was entered, from which defendants appeal.

The petition in substance alleges that on the 1st day of September, 1874, the defendant, Lewis Mathews, wrongfully and wickedly debauched and carnally knew Mary H. Wood, she then being plaintiff’s wife, by reason of which wrongful and wicked seducing and debauching the affection of plaintiffs’ wife for him has been wholly alienated and destroyed, and the plaintiff has wholly lost the comfort, society and assistance of his wife.

Action in equity to cancel certain deeds to forty acres of land, and to quiet title in the plaintiff. The defendant, Wm. L. Shaw, claims title by virtue of a tax deed made in pursuance of a sale for the taxes of 1867. The defendant, F. D. Weaver, claims title by virtue of a tax deed made in pursuance of a sale for the taxes of 1869. Other facts are stated in the opinion. Decree for defendants. Plaintiff appeals.

On the 25th day of January, 1877, upon application of plaintiffs a temporary injunction was issued. Afterward plaintiffs filed their amended and substituted petition as follows: ■ “ 1. That these petitioners are husband and wife, and residents of Muscatine county, Iowa. “ 2.

The defendant, Clapp, being indebted to the plaintiff, absconded. The plaintiff commenced this action, aided by attachment, and levied upon certain grain which Clapp left upon his premises. S. S. Evans intervened in the action, claiming that before Clapp absconded he sold the said grain to him, and that at the time of the levy of the attachment he (Evans) was the absolute owner thereof. A jury was waived and there was a trial by the court.

The plaintiff, having recovered a judgment in tbe Supreme Court against the defendant railroad company, caused an execution to issue thereon, and the defendant, Smythe, was garnished thereunder. A motion is now made for judgment against the garnishee.

The parties to this action were marx’ied in the year 1869. They were divorced by the decree of the Boone District Court on the 15th day of October, 1872, upon the petition of the husband. The alleged cause for the divorce was that the wife, at the date of said mamage, was impotent, and so ever afterward continued; that it was dangerous to the health and life of the husband to cohabit with her, and that he was wholly ignorant of her said impotency at the date of said marriage.

On the 18th day of January, 1872, plaintiff executed his promissory note to ¡one S. L. Sheldon, the payment of which he secured by a chattel mortgage given at the same time. In January, 1874, the note being due and unpaid, Sheldon delivered the chattel mortgage to the defendant herein, who is sheriff of Fayette county, for foreclosure. The defendant took possession of the mortgaged property, and plaintiff commenced this action for its recovery.

This is an action in equity to quiet the title in plaintiff' to the E. of the N. W. J of section 34, township 83, range 18. The cause was tried by the court on written evidence, and a decree was entered for plaintiff as prayed. The defendants appeal. The facts are stated in the opinion.

Action in equity. One Charles O. Dankwardt had a policy of insurance issued by the plaintiffs on property which was destroyed by fire. In November, 1867, the plaintiffs paid said Dankwardt the amount due on the policy, being induced to do so through the ■fraudulent conduct of the said Dankwardt. This action was commenced against him to recover the amount so paid, and he having died pending the action the present defendants were' substituted in his stead.

The petitioner alleges that he is the father of Yictor G. Drumb, a minor child of the age of five years, and that as snch parent he is entitled to the custody of said child. He asks a writ of habeas corpus to the end that said child may be released from the illegal custody of the defendants and awarded to him. The District Court dismissed the petition, and adjudged that the defendants retain the said Yictor in their custody. The plaintiff appeals.

On tbe 22d day of May, 1876, one D. W. Owen made a chattel mortgage to the plaintiff upon property described as follows: “All the nursery stock now growing, or situated, or which may bo hereafter planted or situated upon the following described premises.” (Here follows a particular description of the land upon which the nursery was situated.) On the 30th day of May, 1877, plaintiff commenced this action against said Owen, to foreclose said chattel mortgage.

Action to recover possession of certain real estate. The plaintiff claims title by virtue of a tax deed. The defendant admits the execution of the deed but avers that the same is void by reason of a fraudulent combination at tbe tax sale. Judgment for defendant. Plaintiff appeals.

Till & Cohn were manufacturers of cigars at Brownsville,' Nebraska. They were indebted to the plaintiff, and on the 20th day of June, 1876, to secure said debt, they executed a chattel mortgage to the plaintiff upon their stock in trade. The mortgage was duly acknowledged and filed for record. On the 25th day of June, 1876, Till & Cohn sold to the defendants a quantity of cigars, being part of said mortgaged property, and of the value of $744.

This is an action for the partition of real estate. The plaintiff claims to be the owner in fee simple of an undivided one-half of a lot in the city of Dubuque; and that the defendant is the owner of the other undivided one-half.

On tlie 17th day of January, 1876, the plaintiff filed his petition alleging that on the 5th day of November, 1866, the north half of the northeast quarter of section 26, in township 76, range 38, was sold to James O. Sargent for the delinquent taxes of 1865, and that on the 9th day of May, 1870, a treasurer’s deed was executed to Sargent therefor; that at the time of said tax sale plaintiff was the owner of said land, was a minor, and that he attained the age of twenty-one…

Action to foreclose a mortgage executed to one Miller. The plaintiff is the indorsee of Miller.

Action to recover from the defendant, Woodbury county, the amount of a certain tax paid under protest. The tax in question was a road tax levied by tbe trustees of Sioux City township upon certain real estate in the township belonging to the plaintiff, but which real estate is also within the city of Sioux City. Judgment for plaintiff. Defendant appeals.

The defendant was convicted of the crime of forgery and appeals to this court. The facts of the case, so far as they are necessary to a proper understanding of the questions ruled, are stated in the opinion.

. The plaintiff avers in her petition that she has been injured 'in her means of support' and in her health, by the intoxication of her husband produced by liquor sold him by the defendant. . The evidence tends to show that she has been injured in her means of support.

On tbe 2d day of October, 1858, one Henry Olmstead borrowed from Harrison county the sum of $2,000, of the swamp land fund belonging to said county. He gave his promissory notes for said loan, and to secure the payment thereof he made and delivered to said county a mortgage upon certain lands then owned by him. In October, 1861, said Olmstead died intestate.

Action by a husband to recover damages sustained by reason of personal injuries to bis wife, incurred by a wagon in wliicli she was riding being turned over by obstructions negligently permitted in tlie streets of tbe defendant city. There was a verdict and judgment for defendant; plaintiff appeals. Tbe facts involved in this case, so far as they are necessary for a proper understanding of tbe questions 'passed upon by tbe court, fully appear in tbe opinion.

Action at law. Tlie cause was tried to the court without a jury, and judgment rendered for plaintiff; defendant appeals. The facts of the case appear in the opinion.

The plaintiffs in their petition aver in substance that they leased from the defendant certain coal land, with the right to mine the same from October 12, 1871, to January 1, 1878; that they spent a large amount of money in digging entries and shafts; that the defendant maliciously and without probable cause caused an action of forcible entry and detainer to be commenced before a justice of the peace, in which action he obtained judgment for possession, and upon the issuance…

Action to foreclose a mortgage executed by the defendant, John Stryker, to the De Moine Navigation & R. R. Company to secure a bond given for the purchase money of certain land. The defendant for answer admits the execution of the bond and mortgage, but denies that the plaintiff is the owner thereof.

Action in equity. The petition states the plaintiffs are the “owners of certain liquors, barrels and vessels containing the same, described in suits of replevin” commenced and pending in the District Court of Muscatine county. “ That petitioners are engaged in the business of keeping saloon, and as such had liquors in their possession.” That the defendant, “ ITunnul, as constable, seized said liquors and vessels containing the same, upon warrants issued by defendant,…

Afjpeal from Howard Cvreuit Court. Action to recover possession of certain promissory notes, and a mortgage given to secure the same. The notes were payable to W. H. Becker, plaintiff’s intestate, or order, and the mortgage was also given to him.

The defendant was indicted for the crime of burglary, was tried, convicted and sentenced to tbe penitentiary for one year. He appeals.

Tuts is an action upon a promissory note, of which the following is a copy: “Marion, the 4th day of October, 1873. “ Ten years after date we promise to pay to the order of Christian Meyer the sum of one hundred and ninety, dollars, at ten per cent interest annually. Ole Oleson Aason, Ole Oleson B.” “ Canceled by confession of judgment as to Ole Oleson Aason, March 6th, 1877.

Action to recover for personal injuries. The plaintiff, a minor, was employed by the defendant in repairing its road 'bed. At the time of the accident the plaintiff was assisting in running a hand car. He ■ was one of several employes who had that day been repairing the road bed and were returning to dinner.

Action at law to recover for personal injuries sustained by-plaintiff from a fall caused by a defective sidewalk of a street,which, plaintiff claims, was negligently permitted to be in an unsafe condition. There was a verdict and judgment for plaintiff. Defendant appeals. The facts of the case so far as they are involved in the questions passed upon by this court appear in the opinion.

Action in replevin to recover a coat. The action was brought before a justice of the peace. The defendant answered that he had a lien upon the coat; that he was an innkeeper, and that plaintiff owed him ten dollars for his keeping while he was a guest at defendant’s hotel, and that he had a lien for such keeping.

Action for au injunction to restrain the issuance and execution of an order of removal in pursuance of a judgment in an action of forcible entry and detainer.

Indictment for causing a nuisance by constructing and maintaining a railway upon a highway. The charge is that the defendant did “unlawfully obstruct and encumber with the depot building or station house of said railroad company and with their railroad built and constructed upon said highway and maintained upon said highway.” There was a trial, verdict and judgment for the defendant, and the State appeals.

Action for an injunction to restrain an execution sale. The plaintiffs claim that the property is exempt as a homestead. The property occupied consists of about three acres, and is within the city of Dubuque. The sheriff marked off as a homestead one-half acre, upon which the dwelling house stands, and levied upon the remainder. The land in question is lot No. 2 of subdivision of Mineral lots 186 and 187, in Julien township.

Justice Bede, at Chambers, on Application for an Injunction. ^ The plaintiffs are residents and tax payers of the city of Davenport, Scott county, Iowa. The defendant Rohlfs is treasurer of said county; the defendant Railway Company is operating a railroad from the city of Davenport to Fayette.

The plaintiff brought this action claiming title to certain lands in Cass county. Its title is based upon two acts of Congress, one of September 28, 1850, and the other of March 3, 1857. The defendant claims title through an act of Congress of May 15, 1856, and án act of the legislature of the State of Iowa of July 14, 1856. There was a decree for the plaintiff in the court below, and defendant appeals.

On tbe 12th. day of June, 1.876, tbe. defendant was arrested and brought before a justice of the peace of Winneshiek county, upon an information charging him with threatening to commit an assault and battery on one W. Gr. Esterbrook.

It is averred in the petition that G. W. Braden was township clerk of Washington township, in Pottawattamie county, and that appellants were sureties upon his official bond; that Braden died in October, 1874, during his term of office, and failed to account for and pay over $125 of the road fund of said township. Judgment was prayed against said sureties.

One W. D. Thompson purchased 120 acres of land at tax sale in October, 1864. The sale was made for the delinquent taxes of 1863. A tax deed was made and delivered to the purchaser in' December, 1867. In 1872 said Thompson conveyed the land by deed to the plaintiff herein. Plaintiff brought his action against E. B. Savage and J. B. Savage to quiet his title to said land. The said E. B. Savage and J. B. Savage were the holders of the patent title.

Action for the recovery of forty acres of land. It is alleged in the petition that plaintiff is the absolute owner in fee of the land, and that defendant makes some claims adverse to the estate of plaintiff therein.

John R. Landis, a junior mortgagee, and purchaser at foreclosure sale, brought this action to redeem from the foreclosure of a senior mortgage, to which he was not made a party. Pending the action Landis died, and his administrator was substituted as plaintiff. The court granted the relief prayed. The defendants appeal.

This is an action for the recovery of certain personal property.

Action upon an executor’s bond. The petition alleges that, by the judgment of the District Court of Des Moines county, the executor was charged with a devastavit and judgment rendered against him for the sum found due the estate. Defendants answered denying the devastavit, the judgment and the jurisdiction of the court rendering it, and 'averring that the action in the District Court had been settled.

The plaintiffs are creditors of the estate of Lawrence Malouy, deceased, the defendant, Guthrie’s, intestate. In 1867 one Phipps, a creditor, obtained an order of court upon Guthrie as administrator, to sell real estate. Under the order Guthrie made an application to sell the equitable interest of the estate in a large quantity of land. The application was granted and the sale made. A very small sum was realized.

Action to recover damages for personal injuries. The plaintiff was a switcbman whose duty it was to couple and uncouple cars at Cedar Rapids. While engaged in this duty he was injured. This cause was before the court on demurrer to the petition, and is reported in 42 Iowa, 246. There was a verdict and judgment for the plaintiff, and the defendant appeals.

The plaintiff avers in her petition, in substance, that she is a married woman, and the wife of one John Ennis, and has been for the last eighteen years; that said John Ennis has become addicted to the habitual use of intoxicating liquors, which were sold to him by the defendants during the five years last past; that in consequence thereof he has squandered his property, and become weakened and debilitated in body and mind, and incapable of earning money.

Upon a proceeding instituted before a justice of the peace, the defendant was required to enter into a recognizance to keep the peace, and judgment was rendered against him for costs. The recognizance having been entered into by defendant, all the papers in the proceeding were returned by the justice to tlie District Court, as required by the Statute. Code, § 4121.

This action was originally commenced against the defendant Webber for the recovery of damages for the unlawful sale of intoxicating liquors to tlie liusband of plaintiff. Webber filed an answer denying generally the allegations of the petition. The defendant Weston intervened in the action, alleging that lie had an interest in real estate which is liable to be affected by the result of the suit, and denying plaintiff’s alleged cause of action.

The petition of plaintiff alleges that during the years 1874 and 1875, and a long time prior thereto, he was the absolute owner of a certain forty acres of land described in the petition, and was entitled to the possession of said premises and the rents and profits thereof; that during the years 1874 and 1875 the defendant took and held possession of said premises and received the rents and profits of the value of $800. Plaintiff asks judgment for this sum.

On the 23d day of August, 1876, there was filed before J. Wasson, Mayor of the town of Laporte City, a duly incorporated town in Black Hawk.county, an information, duly sworn to by one A. Cotton, as follows: “ The defendant is accused of the crime of misdemeanor, for that, on the 22d day of August, 1876, at the town of Laporte.

Action on a promissory note executed by D. C. Porter and guaranteed by tbe defendant.

Afjyeal from, Woodbury Circuit Cou/rt. Action in equity for the purpose of determining the ownership of certain lands described in the petition. There was a finding and judgment' for the plaintiff, and defendant appeals.

Action for a divorce. The District Court refused to grant any relief, dismissed the petition, and the plaintiff appeals.

<p> Appeal'from Lee District Cowt. </p> <p>The defendant was convicted by the Recorder of the city of Keokuk, upon an information charging that he did unlawfully sell ale, native wine and beer by the glass, without procuring a license as provided for by the city ordinance. Upon an appeal to the District Court he was again convicted, and now appeals to this court.</p>

The petition contains several causes of action against the defendant, Wm. Chance. They are money demands arising upon contracts, and judgment is prayed thereon. It is further averred that in 1875 said Wm.

<p> Appeal from Madison District Court. </p> <p>Action to recover for personal injuries. Judgment for plaintiff. Defendant appeals.</p>

The petition alleges, in substance, that on the second day of November, 1855, one Christoph Schrader, being the owner of certain real estate, made his last will and testament, in which he devised and bequeathed all his property, both .real and personal, to his then wife, Sophia Schrader, to be used and enjoyed by her during her natural life, with power to dispose of the same if she should think best, and provided that at her death whatever of said property should be left…

<p>1. Highway: width op: plat.' Where an order establishing a highway contained a reference to the plat of the commissioner, it was held that the plat constituted a part of the order, and that the width of the highway laid down in the plat constituted the width of the highway as established by the order of the county judge.</p> <p>2. -: prescription: mistake. Where in place of the highway regularly established the public have used and improved a line of road varying therefrom, the owner of the land encroached upon, upon the discovery of the mistake, has the right to move his fence to the boundary line of the highway.</p>

<p>lv Acknowledgment: forged instrument: liability of officer for false certificate. The defendant, a justice of the peace, took an acknowledgment of the assignment of a mortgage in the usual form, stating that the assignor was to him “ personally known to be the identical person ” whose name was signed to the instrument. The assignment proved to be a forgery,: Held, that the defendant was not liable upon his official bond, upder section 1964 of the Code, to one who purchased the mortgage and notes secured thereby, relying upon the validity of the assignment.</p> <p>Argument-. The mortgage being a mere incident to the notes, the loss sustained by the purchaser was not the proximate result of defendant’s act. Had the assignment been valid he would have acquired thereby no beneficial interest in the land without title to the notes; on the other hand if he had obtained a valid title to the notes the security would have passed to him by operation of law, notwithstanding the invalidity of the assignment.</p>

Action -at law to recover compensation for services rendered and expenses incurred and paid by plaintiff while filling the office of superintendent of schools of Monona county. The cause was submitted to the court without a jury and the facts and conclusions of law were specially found and reported. Judgment was rendered for plaintiff. Defendant appeals.

The plaintiff claims of tbe defendants twelve hundred dollars on account of valuable medical and surgical services rendered by plaintiff, a practicing physician and surgeon, about January 1, 1870, to the mother of the defendants, at the special request of defendants — said services being known as making an artificial anus, superinduced by the treatment of strangulated femoral hernia, requiring great labor and skill% The answer of the defendants denies all the allegations of…

This is a quo warranto proceeding instituted to determine the right of defendant to the office of auditor of the city of Burlington. J. W. Burdette, it is claimed, was lawfully appointed to the office, the duties of which are assumed by defendant. By judgment of the Circuit Court defendant was ousted of the office, and therefrom he prosecutes this appeal.

The plaintiff and defendant are owners of adjoining lands, and the plaintiff claims that for many years there was kept and maintained along the line between their lands a lane which was used in common. The lane was afterward closed for a portion of its length, but the plaintiff claims that it was then agreed the residue thereof should be kept open. This agreement is denied by defendant. The plaintiff desired to have the lane kept open, and defendant desired to have it closed.

Defendant was indicted for setting fire to a building with intent to cause it to be burned. A lawful jury was empaneled, and, while the trial was proceeding, one of the jurors became sick. The • court, upon the consent of counsel both of the defendant and of the State, excused the further attendance of the sick juror, and the trial of the cause proceeded before eleven jurors, who returned a verdict of guilty.

The plaintiff in substance alleges in his petition that defendant pretended to be the owner of a promissory note against II.

unlawfully suffered and permitted divers persons to resort for purpose of drunkenness, quarreling, fighting, riotous and ' disorderly conduct to the disturbance of others. The defendant was convicted and fined $100 and costs. He appeals.

The petition alleges tbat plaintiff and defendant entered into a written contract, by the terms of wliicb plaintiff undertook and agreed to pay defendant an annuity, and leased to defendant during her natural life certain improved real estate in the city of Burlington, tlie defendant agreeing to keep the leased premises in a good state of repair; that defendant took and retained possession of the premises until 1873, when, without fault on the part of the plaintiff, the…

The defendant was indicted for murder in the second degree. He was convicted of the crime of manslaughter, and sentenced to the penitentiary for one year. The facts of the case appear in the opinion.

On the 21st day of March, 1876, the plaintiff filed a petition claiming of the defendant, as balance.due on account, and as damages, the sum of $500.

The plaintiff claims to be the owner of an undivided fourth of lots 7 and 8 in block 21 in the city of Oskaloosa. The title to the lots is in the defendant, Seth Cox. The plaintiff was formerly married to Amos Cox, now deceased, who was the son of Seth Cox. Amos Cox became the owner of an undivided half of the lots by exchange with his father, giving him other real estate therefor. He died intestate, without issue.

Action against the defendants Lantz & Bates as makers, and John Bowman as indorser of a negotiable promissory note. A demurrer having been sustained to so much of the petition as sought to charge Bowman as indorser, the plaintiff appeals.

The indictment charged the defendant with stealing three sows on the 25th day of November, 1875. There was a verdict of guilty, judgment, and defendant appeals.

Action at law to recover rent due on a lease of a saw mill * situated in Obippewa county, Wisconsin. The cause, was sent to a referee who- reported the sum of §1121.31 due the plaintiff for rent. Judgment was entered 'upon the report, from which defendant appeals. The faets of the case involved in the questions decided are set out in the opinion.

Action to recover for labor performed by plaintiff’s assignor for defendant. The labor was performed under a contract by which the plaintiff’s assignor agreed to work for the defendant for the period of a year, commencing November 15,1875, for a certain sum which was to be paid at the end of the year. On the first day of July, 1876, he left his employer without any fault of the defendant, and refused to fulfill his contract.

It is averred in the petition that the plaintiff was the owner of certain real estate in the city of Burlington, Iowa, and that in the month of Nov., 1867, the defendant, Hunt, by certain false and fraudulent representations concerning said property, persuaded and induced plaintiff to make and execute to him a deed therefor, for a very small and inadequate consideration; that plaintiff’ never learned nor was informed of the frauds so practiced upon her, and the wrongs done…

Action against the drawer of a check which is in the following words: “No. — Des Moines, Iowa, January 25, 1875. B. E. Allen’s Bank. Pay to Gr. W. Savery, or bearer, five hundred dollars in current funds. Gr. W. Clark, per J. S. 0.” The petition alleges transfer of the check to plaintiffs and demand and notice of non-payment, and that the term “ current funds ” by custom was understood to mean U. S. treasury notes and other money.

Action to recover possession of eighty acres of land. The defendants filed an answer, the second division of which is as follows: “ Eor other and further defense to the plaintiff’s cause of action defendants say that the plaintiff’s pretended title is based upon a tax deed issued to William Sunderlin, and made and dated September 10,1869, and recorded September 22,1869; that this action was commenced and the petition filed therein on the 30th day of December, 1875; that more…

The defendant, J. C. Switzer, was at the time of the acts complained of clerk of the Circuit Court of Johnson county. The defendants, Daniel Switzer, O. C. Donaldson and Thomas Hill, were sureties upon his official bond. In November, 1874, the plaintiff recovered a judgment in the said Circuit Court for $417.40 against one J. T. Marsh and one 'Wilson. Soon after-wards the judgment defendants applied for a stay of execution, offering as surety one John Marsh.

Appeal from Pollc District Court. The defendant was convicted of the crime of larceny in stealing a horse and now appeals to this court.

On the 30th day of July, 1866, G-erritt Yan Rheenen made his last will and testament. The following is a copy of the bequests therein contained: “Second.

. Action to recover- for injuries sustained through the negligence of defendant’s employes in running a hand car against- and over plaintiff. There was a verdict and judgment for plaintiff in the sum of $2,000. Defendant appeals. The facts of the case are found in the opinion.

Boone Circuit Court. Action in chancery to set aside a tax sale and deed, on the ground of fraud at the sale. Upon a trial on the merits the District Court dismissed plaintiff’s petition. He now appeals to' this court. The facts of the case appear in the opinion.

Plaintiff and defendant, Todhunter, were partners in the real estate, abstract and loan business, in the year 1874; the plaintiff purchased the interest of said defendant in said business; the contract of purchase was in writing; the consideration was $1,200; the sum of five hundred dollars was paid in cash; a note of five hundred dollars was given, due in sixty days, and secured by a chattel mortgagé upon one-half of the abstract books; a note for $200 was given, payable in…

Prior to June 17th, 1875, the plaintiff and defendant were partners in the drug business at Crestón. About that day the plaintiff bought the interest of defendant, paying therefor the sum of $1,825, and agreeing to collect the accounts and pay the indebtedness of the firm.

In chancery. The petition alleges that defendants are about to sell upon a chattel mortgage a frame building and certain personal property therein, owned, by plaintiff; that the mortgage was executed by the person from whom plaintiff bought the property to secure a promissory note given for intoxicating liquors to be sold in violation of law, and that a large part of thé debt has been paid.

ALppeal from Muscatine Circuit Court. Action in equity. The nature and object of which is to restrain the defendant, by injunction, from changing thó natural flow of a stream of water by means of certain ditches and embankments. The only relief asked is that the injunction be made perpetual. The court, in an appropriate decree, granted the relief, and defendant appeals. ■

Action for damages to plaintiff’s com crops and meadow, by defendant’s horses, hogs and geese. There was a trial by jury, and a verdict and judgment for the plaintiff for $22, Defendant appeals.

Appeal from Buchanan Circuit Court. Action at law. Trial by jury, verdict and judgment for the defendants, and plaintiff appeals.

The petitition avers that plaintiff is a corporation duly organized under the laws of Iowa, and that defendant was plaintiff’s general agent, and as such received a larg'e amount of money belonging to plaintiff, and upon a proper accounting there is due plaintiff from defendant $2,350 and interest. Defendant denies any indebtedness to plaintiff, and avers, that he has properly paid out all moneys he received for and on' account of plaintiff.

Action upon a promissory note. The defense was that the note was given for a horse, which defendant was induced to purchase of plaintiff by false representations as to quality; and that the sale was conditional in this, that defendant was to have one week’s trial of the horse, and if he did not prove satisfactory, and as represented, lie was to be returned; that the horse was not as represented, and that defendant, within the week, returned him, and plaintiff refused to take…

<p>Practice in the supreme court.</p>

The plaintiffs claim $97 on account of legal services which they allege they rendered for defendant. The defendant denies that he ever employed plaintiffs, and that they ever rendered any services for him. The cause was originally tried before a justice of the peace, and judgment entered in favor of plaintiff for $75. The defendant appealed to the Circuit Court, where two verdicts were returned for defendant, each of which was set aside on plaintiff’s motion.

Action in equity; the nature and object of which was to settle and determine whether the plaintiff or defendants was the owner of certain real estate. There was a trial on written evidence, and counsel concede the cause should be tried ele novo in this court. The Circuit Court found for the defendants, and a decree in their favor was accordingly entered. The plaintiff appeals.

The cause of action was stated in the petition as follows: “ 1. That on the 9th day of November, 1874, at Ft. Dodge, Iowa, plaintiff, by virtue of a contract with defendant, sold and delivered to defendant certain building material, consisting of five hundred and fourteen bushels of lime, of the value of one hundred and seventy-nine and ninety one-hundredths dollars (§179.90). “2.

The plaintiffs are the heirs of Evan .Jenkins, who departed tins life in 1859. On the 11th day of January, 1860, the defendant Shields was by the county court of Henry county appointed administrator of the estate of said Evan Jenkins, and this action is brought to recover of him and his co-defendants as sureties on his official bond. The claim is that he fraudulently, negligently, ¡tnd so carelessly managed the estate that the plaintiffs were greatly damaged.

<p>Evidence: sufficiency of to support verdict.</p>

This is an action in equity to set aside a conveyance of real estate from the Sekwartzes to Buehler, and to subject it to the satisfaction of a judgment which plaintiff recovered against Charles Schwartz for selling intoxicating liquors to her husband. The court granted the plaintiff the relief asked. The defendants appeal.