Volume 56 — Iowa Reports

This action was instituted against William Jugenheimer and William Jugenheimer, Jr., to recover damages for the selling of beer to her husband, Clay Welch, a person, as is alleged, in the habit of becoming intoxicated, and intoxicated at the time of the sales. Pending the trial the plaintiff dismissed her action as to William Jugenheimer, Jr. The trial resulted in a verdict and judgment in favor of the plaintiff against the other defendant for $500 and costs.

Action to recover for money paid as a tax to aid in tbe construction of a railroad, and alleged to be refundable under tbe statute.

This is a controversy as to the ownership of certain personal property. It appears from an agreed statement of facts, upon which the case was tried in the court below, that Alexander Blair died intestate, Oct. 5, 1876, and Martha Blair was his widow. February 23, 1877, Martha. Blair intermarried with one James Wilson, and on December 5th, 1877, said Martha Blair Wilson died.

The defendant, under the name of Prank Dunn, was indicted for the crime of rape, and convicted of an assault with intent to commit rape, and he now appeals to this court.'

<p>X. Mortgage: to school fund: county auditor. A county auditor lias no power to release real estate from a mortgage executed thereon to the county for the use of the school fund.</p>

The material allegations of the petition are, in substance, as follows: The plaintiff is a corporation organized under the laws of Iowa for benevolent and charitable purposes. It created a “widows’ and orphans’ fund” for the purpose of carrying out the object and intent of its organization. Said fund is used exclusively for the maintenance of the widows and orphans of deceased members of said lodge.

Action in equity to set aside a judgment and enjoin an execution sale. The judgment upon which the execution issued was rendered in defendant Cox’s favor, upon a counterclaim set up in an action brought ostensibly by the present plaintiff against Cox. The plaintiff avers, however, that the action was not in fact brought by him.

<p> Appeal from Madison Ci/rouit Court. </p> <p>■ Action in equity. Decree for the defendants, and plaintiff appeals.</p>

Action at law upon a promissory note. The cause was tried to the court without a jury, and judgment rendered for plaintiff. Defendant appeals.

<p> Appeal from Wirmeshieh Oi/rouit Gov/rt.- </p> <p>Eeplevin for a harvester. There was a verdict and judgment for plaintiffs. Defendants appeal.</p>

. Action to foreclose a mortgage given to secure a promissory note. The land mortgaged is situated in Binggold county. Service was made by publication. Afterwards tbe defendants appeared and moved for a change of place of trial. to Ringgold county, on tbe ground that tbe land mortgaged was situated in that county. Tbe court sustained tbe motion and tbe plaintiff appeals.

In June, 1868, tlie plaintiff, being the owner of 680 acres of land in Adair county, exchanged the same with the defendant E. II. Funk, for an assignment of an interest in letters patent upon “ E. II. Funk’s Flora Temple Churn,” which letters patent were said to have been obtained in 1866. The territory assigned to the plaintiff embraced the State of Iowa, and certain counties in the State of Missouri. No other consideration passed between the parties.

The following is.a copy of the petition in this case:. “For cause of action herein, • plaintiff says: That on or about the first day of June, 1878, the plaintiff traded a pair of large work horses to the defendant for a pair of smaller horses and ninety dollars cash; that at and before said trade, and as an inducement to plaintiff to make said trade with defendant, the said defendant, with the intent and. purpose to cheat and defraud plaintiff, did willfully, falsely, and…

The plaintiffs, who are legatees under the will of Mrs. Clarissa 0. Cook, deceased, filed their petition in the Circuit Court of Scott county, sitting as a court of probate, asking that the executors of the estate be required to pay over the legacies to the plaintiffs without their first giving bonds as trustees under the will.

This is a proceeding in certiorari to test the validity of an order made by tbe defendants submitting to vote tbe question of relocating tbe county seat of Emmet county. .Tbe .court dismissed tbe proceeding. Tbe plaintiffs appeal.

<p>1. Statute of Limitations: action to recover over-payment: failure to credit payment. Where a judgment plaintiff failed to credit a payment made on the judgment, and afterward collected the whole amount thereof on execution, it was held that an action to recover the amount overpaid was barred in five years from the date of the collection of the judgment, although the party making the payment had no knowledge that it had not been properly credited until after the expiration of that time.</p>

This action is instituted for a judgment upon notes, and the foreclosure of a mortgage against the defendants, Herman and Maria Barz, and for a decree declaring the lien of plaintiffs to be superior to that of the other defendants. The defendants Covill and The Iowa Loan and Trust Co., by way of cross-bill, ask the foreclosure of mortgages against their co-defendants, and pray that the lien in favor of each respectively be declared superior to the lien claimed by plaintiff.

Action in equity to enforce a contribution. The district township of Spencer, in the county of Clay, once embraced not only tbe territory now embraced in tbe plaintiff district township of the same name, but also the territory embraced in the defendant district township of Eiverton, and the territory embraced in the defendant independent district of Spencer. Before the division a certain illegal tax had been collected, paid over, and expended.

<p>1. Res Adjudicata: compromise decree: estopped. A compromise decree, entered in an action to recover on a contract, was held not to estop the defendant from denying the performance of the contract by the plaintiff in a subsequent action thereon.</p> <p>2. Contract: county: waiver. Where a contract required a vote of tho electors to render it binding on a county, it was held that its performance by the other party could not be waived, nor the county estopped from denying such performance, by the action of its board, of supervisors in making payments thereunder. :</p>

Action in equity to rescind a trade whereby the plaintiff and the defendant, McElhiney, made an exchange of real estate. The plaintiff claims a rescission upon the ground that she was induced to make the exchange by certain false and fraudulent statements .made by McElhiney. The defendant denies all fraud; The court dismissed the plaintiff’s petition and she appeals.

Action on the following instrument in writing: ■“■$100. Audubon Tp., Audubon Co., Iowa, April 26,1878. “One year after date I promise to pay to the treasurer of the National Iron Fence Co., of Cedar Rapids, Iowa, or order, One Hundred Dollars, at Cedar Rapids, Iowa, value received, with interest at ten per cent from date. Reasonable attorney fee if suit be instituted on this note.

Appeal fom Polio Circuit Court. Action to recover of the defendant, Polk county, certain fees. The plaintiff was convicted of the crime of murder. He appealed to the Supreme Court, and the judgment was reversed and remanded, and in the court below the case was dismissed.

■ Action for the partition of 43 acres of land in Lee county. The land, at one time, belonged to one Wiley Clay, who died ■intestate, in June, 1872. The action is brought by Daniel, Samuel II., and Adaline Rink, who claim to be heirs of Clay and each the owner of 1-27 undivided part of the land.

Service in this case was made only upon the defendant Iloag. The plaintiff, in April, 1877, became a creditor of the Lawrence Savings Bank by reason of a deposit of money made by him in the bank, which bank was located and doing business in the city of Lawrence, Kansas. As such creditor' he seeks to recover of the defendant Hoag, upon the ground that the Lawrence Savings Bank was a partnership or unincorporated company, and that Hoag was a member of it.

Tins action is brought to set aside a deed from E. O. Peters to the defendant of a certain lot, and to quiet the title to said premises in the plaintiff. The court granted the plaintiff the relief prayed for., The defendant appeals. The material.facts are stated in the opinion.

<p>1. Principal and Agent: promissory note: payment. Authority to sell property as agent, and take a note therefor in filename of the principal, does not include authority to receive payment of the note after it has been delivered to the principal.</p> <p>2. Promissory Mote: evidence to vary terms op: payment. The maker of a note cannot show, as a. defense thereto, that he has paid it to another than the payee, in accordance with a contemporaneous parol • agreement, differing in its terms from the note.</p>

<p>1. Administrator: petition to sell real estate: time op piling. The fact that the petition of an administrator for authority to sell real estate for the payment of debts is not filed until some months after the expiration of the year for the filing of claims against the estate is sufficienfly excused by a showing that the property could not have been sold sooner without great sacrifice.</p> <p>2. -:-. Where the petition of an administrator for leave to sell real estate shows that there are unpaid claims established against the estate which the personal property is insufficient to pay, it is not subject to demurrer because it fails to show that all payments theretofore made by the administrator were proper and legal, that being a question alone between the heirs and the administrator and his bondsmen, which cannot be allowed to prejudice the right of creditors of the estate to speedy payment.</p>

The plaintiff is a judgment creditor of one William Wade. As such, he seeks to reach a certain alleged interest of Wade in a stock of goods in the possession of the defendant Rosencrans. For that purpose he garnished Rosencrans** and took his answer.

This is an action for judgment against the defendant, Caroline Eggleston, as the indorser of a note, and to establish a vendor’s lien upon certain property in the petition described. At the April term, 1878, judgment was rendered against the defendant Caroline Eggleston for $2,753.30, and a vendor’s lien was established upon her -interest in said land. As to the other defendants the cause was continued.

' Appeal from Madison Ci/rawit Court. The plaintiff filed a petition claiming of the defendant one thousand dollars, and stating as a cause of said claim that in 1878 and 1879 Robert Eyre was in possession of certain real estate and had thereon a large quantity of grain; that defendant by its agents broke and entered upon said premises and destroyed and took therefrom grain and standing corn of the value of one thousand dollars, which was- either destroyed or converted to…

The Union Pacific Railroad Co. was garnished as the debtor of the defendant in this action, S. B. Jones, and upon its answer judgment was rendered for plaintiffs. The garnishee appeals. Other facts of the case appear in the opinion.

<p> Appeal from Marshall Cirowit Court. </p> <p>Action at law. There was a verdict and judgment for plaintiff. Defendant appeals.</p>

Tnis action was brought before a justice of the peace. The plaintiffs aver that they are livery stable keepers; that as such they furnished to the defendants, L. S. Gates and wife, a team of horses to drive before a buggy to another county; that by reason of their careless and improper driving and treatment of the horses one of them was injured. They bring this action to recover damages in the sum of eighty dollars.

Action in chancery to foreclose a title bond. There was a decree granting the relief prayed for by plaintiff; defendants appeal. The facts of the case appear in the opinion.

The petition states the plaintiff, defendant, and Peterson were sureties for one Irons, on a promissory note. That the plaintiff and Peterson were compelled to and paid a portion of the amount due on said note. This action was brought to recover of defendant his contributive share.

Action at law upon a bond given by a justice of the peace. There was a verdict and judgment for plaintiff. Defendants appeal. The facts of 'the ease appear in the opinion.

Ajppeal from Union District Oourt. This action is brought to recover of the defendant Wesner $200, for labor performed by plaintiff as a mechanic, and to establish as against the defendant Fell a mechanic’s lien upon a building owned by him, upon which the work in question was done.

<p> Appeal from Bremer District Court-. </p> <p>Action for an injunction to restrain the execution of a warrant of removal from premises alleged by plaintiffs to constitute their homestead. The injunction was granted, and afterwards a motion was made to dissolve the same, which motion was overruled. From the order overruling the motion the defendants appeal.</p>

Action at law. The pleadings and facts of the case, so far as they are necessary to be stated for a proper understanding of the points ruled, sufficiently appear in the opinion. There was a trial to a jury and a verdict and judgment for defendant. Plaintiff appeals.

There are three counts-in tbe petition. Tbe first seeks to recover under a contract made in 1865, whereby tbe plaintiff performed labor for tbe defendant until 1878, for a specified compensation. The second count alleged the plaintiff bad worked for tbe defendants from 1865 to 1878, and that she was entitled to recover what her services were reasonably worth. Tbe third count need not be set out.

The plaintiff Louisa'A. Hart claims of tbe defendant ten thousand dollars, on account of injuries alleged' to have been sustained through the defendant’s negligence. The plaintiff John P. Hart claims fifteen thousand dollars, on account of injuries alleged to have been sustained- in like manner. • By agreement of counsel, the causes-were tried together.

This is an action for the foreclosure of a mortgage. The cause was referred to J. M. Bartholomew, Esq., who reported the facts as follows: 1. That on the 14th day of November, 1S77, the defendants, Cyrus Creal and' Jolm S. • Saulsbury, executed and delivered to plaintiff their promissory note as alleged in the petition. And that there is due thereon the sum of $3,167.80, less $35.00, admitted in reply. 2.

<p> Appeal from, Warren District Court. </p> <p>The defendant E. W. Perry and the defendant J. E. Lucas each obtained a decree of foreclosure of a real estate mortgage against the defendant, the Indianola Hotel Co., a corporation duly incorported under the laws of Iowa. An execution sale was made thereon, and the property was purchased by Perry for the amount of both decrees. and interest and costs, and the property is now held by him for himself and Lucas. The plaintiff Hallam is a stockholder in the hotel company and he brings this action to set aside the sale, and the decrees, and the mortgages upon which the decrees were rendered. The alleged ground of the action is that the mortgages were invalid, and that the decrees were obtained by fraud, and that ' the purchase by Perry at the foreclosure sale should be set aside because Perry is one of the directors of the company. The court dismissed the plaintiff’s petition and he appeals</p>

This is an action in equity, tbe object of which is to require the defendants to pay to the plaintiff a legacy of $500, with interest, which it is alleged is due to the plaintiff from the defendants under the provisions of the last will and testament of John Taylor, deceased. There -was a decree in accord with the prayer of the petition. Defendants appeal.

On the second day of January, 1880, the plaintiff commenced an action against Jacob Minton, and attached A. W. Ford and George L. Eacon as garnishees. At the March term, 1880, the garnishees'failed to appear, and the cause was continued to the October term. On the 26th day of October -the cause came on for hearing, and judgment was rendered against Minton for $393.13.

Appeal f rom Jasper Circuit Court. Actions of mandamus to enforce tlie collection of certain taxes voted by tlie electors of Palo Alto and Fairview townships, Jasper county, in aid of the construction of tlie Iowa, Minnesota and North Pacific Railway. The first action is against the trustees of Palo Alto township, to compel them to certify the tax had been earned.

This is an action in equity, the object of which is to enforce the performance of a certain written contract of which the following is a copy: “I, Thomas Davies, owner of the following described real, estate, to-wit: w hf of nw qr and nw qr of sw qr of sec 34, and.se qr of ne qr of sec 23, tp 59, rangq 14, for the consid-. ■ eration of one dollar, to be paid me at any time within five years, do hereby agree to grant a right of way to the St. ■Louis. & Cedar Eapids Eailway…

The defendant, H. A. Montgomery, was convicted of the crime of obtaining money under false pretenses, of one Frizzell. Judgment having been rendered upon the verdict, he appeals.

The .defendant, Thomas Davis, was convicted of the crime of obtaining money under false pretences of one Frizzell. Judgment having been rendered upon the verdict he appeals.

<p> Appeal from Polio District Court. </p> <p>Indictment charging that the defendant one silver half dollar and three silver ten cent pieces, * * ■* of the aggregate value of eighty cents, and one pocketbook of the value of one dollar, *• * * of the goods and chattels of Mrs. E. E. Updyke, from the person of said Mrs. E. E. Updyke unlawfully and feloniously did steal, take, and carry away. The defendant pleaded not guilty, and a former conviction for the same offense before a justice of the peace. To the latter the State demurred, which was sustained, and there was a trial before a jury on the issue of not guilty.</p> <p>There was a verdict of guilty and judgment sentencing the defendant to imprisonment in the penitentiary for one year, and he appeals.</p>

Action commenced before a justice of the* peace to recover double the value of a cow killed -by a train of cars upon defendant’s railroad. The cause was appealed ■ to the Circuit Court, where a verdict and judgment were had for plaintiffs, for double the value of the cow. Defendant appeals. The facts of the case involved in the points ruled appear in the opinion.

Appeal from Hardin Circuit Court. Action to recover for trespass to real estate. Judgment; Was rendered for the defendants. The plaintiff appeals.

Action in chancery to enforce a landlord’s lien. Certain of the defendants bled a cross-bill, to which plaintiffs demurred. The demurrer was sustained, and the defendants declin-, ing- to plead further, and electing to stand on their cross bill, it was dismissed. Defendants appeal.

Ajopsal from Marshall Oi/rouit Gov/rt. , . The plaintiff claims to have been injured by reason of a' defective sidewalk, and this action was brought to recover damages therefor. Trial by jury, verdict and judgment for plaintiff and defendant appeals.

PóH& Qireuit Qov/rt. Jacob B. Rittgers died on the seventeenth day of December, 1879, leaving the plaintiff',-his widow, and nineteen children, six of whom were minors. On the third day of Febru'uary, 1880, -the last will of Jacob Rittgers was duly admitted to probate.

<p>1. Practice in the Supreme Court: assignment of error. An assignment of errors considered and held insufficient.</p> <p>2. Mortgage: assignee of: failure to satisfy of record. The assignee of a mortgage, by an assignment which does not appear of record, is not subject to tho statutory penalty imposed on a mortgagee for a failure to enter a satisfaction of his mortgage upon the record when paid.</p> <p>3. Practice: effect of granting new trial. The granting of a new ; trial operates tuvacate the judgment rendered on the former trial,-although it has been formally entered of record.</p>

Action upon a promissory note. The suit was commenced before a justice of the peace, and it was averred in the petition that one Wilt executed the note to the defendant Allen, and afterwards, and before the maturity of the note, Allen indorsed it to one Houck, and that Houck indorsed it to the plaintiff: that at the time of the execution of said note Wilt, the maker thereof, resided in Taylor county, in this State, but that before it became due said Wilt removed his…

The plaintiff is a wholesale dealer, and the defendant is a retail dealer, in coal, lime, cement, etc., at Council Bluffs.

. Action to foreclose a mortgage, executed by Helen A. Lewis and Olías. G. Lewis, her kusband. N. E. Walsh and John M. Day were made defendants. Other parties intervened, claiming tliey were entitled to mechanic's liens on tbe mortgaged premises superior to the lien of the mortgage.

. On the nineteenth day of March,, 1880, the plaintiff filed a petition, as follows: . “ 1st. That on and prior to the 18th day of March, 1879, he was engaged in selling agricultural implements at Atlantic, Cass county, Iowa, and that said business was restricted to said Cass county and the south half of Audubon county. “2d. That on said 18th day of Mai’ch, 1879, he entered into a written contract with said defendant to sell said business, with stock on hand, and that…

On the 2d day of May, 1880, the plaintiff recovered judgment against the Iowa Iron and Steel Fence Company in the sum of $183.77. On the 8th day of May, Gilmore & Clark were served with notice of garnishment, and were cited to ap,pear on the second day of the following June Term. A commissioner was appointed by the court to take the answers of ■the garnishees. On the 6th day of July, 1830, the commis•sioner filed in court the answers of the garnishees.

Action for damages for breach of a conti’act. One O. A. White, assignor of the plaintiff, delivered to the defendant a manuscript entitled, “ A Manual of Physical Geography and Institutions of the State of Illinois,” and entered into a written agreement with them that they should publish the book in a suitable form for the use of the schools of Illinois, and pay the said 0. A. White ten per cent on the amount of sales. 0.

This is an action upon six promissory notes. The following is a copy of one, the others being of about the same tenor and effect. “$500.00 . Burlington, Oct. 20, 1873. “Three months after date we promise \to ^ay Turner & Go. five hundred dollars, with interest at ten per cent. “Burlington & Southwestern Eailway Go.

Action upon a promissory note. The defendant pleaded that the consideration for the note had failed, and set up a counter-claim for damages arising out of the levy of a writ of attachment sued out - by the plaintiff in the action, and another cross claim for certain hay which it is alleged plaintiff purchased of the defendant. There was a trial by jury, and verdict and judgment for the defendant for $323. Plaintiff appeals.

Action to recover the possession of three barrels of kerosene oil, and sixty-eight barrels of salt, to which it was alleged in the petition the plaintiff was entitled under a chattel mortgage executed by Keyes & Parkhurst, and which the defendant had wrongfully taken into his possession. The defendant is a constable, and justified the taking under an execution against Keyes & Parkhurst. Trial to the court. Judgment for the plaintiff, and defendant appeals.

Action upon a lease, by tbe terms of which the plaintiff leased to the defendants for three years certain real estate, on which there was an orchard, shrubbery, etc. The defendants bound themselves to trim and prune at the proper time each, year, and take proper care of the fruit trees, shrubbery, hedge etc. Also to gather apples and other fruits at the proper time, and deliver to 'the plaintiff two-thirds of the apples and one-half of the small fruits.

On the fifth day of October, 1880, the plaintiff commenced an action before A. Tuttle, J. P., claiming of defendant $95.44 on account, for milk, corn, damages to stock, one-half interest in a calf, merchandise, etc., and notified defendant to appear before said justice at 10 o’clock a.m>, October 12th.

He was tried, convicted of an assault with intent to commit a rape, and sentenced to tbe penitentiary for two years and six months. He appeals.

The plaintiff moved the court to render judgment against the garnishee, which was overruled, and judgment rendered for the defendants. The plaintiff appeals.

Action -for tbe partition of two parcels of real estate, one containing forty and the other' twenty acres, belonging to Comfort Gillett at his decease, in 1861. The said Comfort left surviving him seven daughters and two sons, all of whom, or their heirs, are parties to this action. The plaintiff claims to be entitled to the one-ninth part of said real estate.

Elizabeth D. Smith, widow of Jackson Smith, filed in the Circuit Court of Linn county, sitting as a court of probate, a petition asking that her interest in the lands of her deceased husband be set apart by admeasurement. The heirs of the husband were made defendants to the petition.

Appealfrom Fayette Circuit Court. Action upon a promissory note executed by the defendant to Mason A. and Phebe King. Mason A. King is dead, and the action is brought by the plaintiff as administrator of his estate. The defendant for answer averred, among other things, that Phebe'King was the owner of one half of the note, and the jury found specially that this allegation was true.

On the 1st day of December, 1875, W. B. Spencer and P. C. Dillon executed to H. F. Garretson, or bearer, their promissory note for $527.00, due six months after date. On the back of said note is the following indorsement: “May 30th, 1876. Notice of demand and protest waived.

David Brown, one of the defendants, was in 1866 the owner of certain lands which are in controversy in this action. In that year he executed a deed for the property to one Hunter, who within six days conveyed it to one Cowan. Within six months Brown commenced an action against Hunter and Cowan to set aside the deed executed by him to Hunter, on the ground of fraud.

A writ of habeas corpus was sued out by the plaintiff, a minor, at the instance of Julia Jennings, his mother, to test the question whether he was illegally restrained by the defendant, his father. The court adjudged the said Julia was entitled to the custody, and so awarded. The defendant appeals.

In November, 1877, the defendants, Adams and McDaniel, •recovered a judgment in the court below against one James Bird. On the 30th of July, 1878, a transcript of said judgment was filed in the office of the clerk of the Circuit Court of Linn county, execution was issued thereon and a levy was made upon certain real estate in the city of Cedar Rapids. Thereupon the plaintiff, Wm.

Action in replevin. The defendant moved for a change of place of trial to Page or Montgomery county, on the ground that the action should have been brought in one of those counties and not in Pottawattamie county, The court overruled the motion, to which the defendant excepted. There was a trial by jury and verdict and judgment were rendered for the plaintiff. The defendant appeals.

<p>1. Practice in tbe Supreme Court: abstract: motion to strike. An abstract must be based on the record in the court below, and where it is shown that no evidence was made of record in a cause, what purports to be the evidence set out in the abstract will be stricken therefrom on motion.</p>

This action is brought upon a note executed by E. G-. Mar-low and W. Sanford, to the order of W. H. Manning, for the sum of $600, due three months after date, with interest at the rate of ten per cent after maturity, and providing that should proceedings be commenced for its collection ten per cent should be allowed as attorney’s fee. The petition claims the sum of $763.51, with interest at ten per cent, from September 7, 1880, and an attorney’s fee of $76.35.

On November 18th, 1879, there was filed on the probate docket of the Circuit Court of Eayette county the petition of Charles, Silas H. and Judson 0. Stevens, asking an order of the court requiring the clerk to pay over to petitioners certain moneys in his hands as trustee, the said moneys being the proceeds of the sale of certain property included in the will of Mary M. Caywood, deceased.

E. S. Taylor filed a petition of intervention which plaintifis moved to strike. The motion was overruled, and from this decision plaintiffs appeal.

Action in chancery to quiet the title to certain land. Appellant was, with others, made a defendant and the petition alleges that he claims some interest and title in and to the property adverse to the title of plaintiffs. The relief prayed for in the petition is that plaintiff’s title be established and declared to be paramount to the claims of defendant; general relief is also sought in the petition.

It is averred in the petition that the plaintiff is the widow of James Ashloek, deceased, and that the defendants are his heirs and devisees under his will; that said will was admitted to probate in 1877, and that by the provisions thereof there was bequeathed to the plaintiff a proper allowance for her maintenance during her life; that in June, 1878, the proper application having been made therefor, the court made an order granting the plaintiff the sum of $500 of the…

The plaintiff is the assignee of one Ingsby McKinny and Nancy Niedy, two of the four heirs of Elzy Wilson, deceased. As such assignee he is the owner of an undivided half of the estate. The defendants Miller and Wilson are administrators of the estate. The other defendants are their bondsmen. The plaintiff brings this action to recover of them the amount of distributive shares to which his assignors became entitled as heirs.

J. B. Bandall constructed a court house for the defendant, Story County, for the agreed price of $39,500. The plaintiff furnished stone window caps for this building, under a contract with Bandall. On the 22d day of November, 1876, there was due plaintiff from Bandall on said contract $500.

This action was brought upon a written instrument of which the following is a copy: “September 8th, 1879. “We are hereby bound in the penal sum of $270.00 to make John Proska’s McCormick Binder do good work at any ‘time he will give our agent notice during the harvest of1880. The aforesaid sum to be paid by refunding to the said Proska his promissory notes for that amount, made by him to us this day.

The plaintiff appeals from an order of the Circuit Court refusing to cancel a certain assessment made by the assessor of the city of Builington, Des Moines county. The plaintiff claims that the property is non-assessable in the city of Burlington. The property consists of promissory notes and be-l<?ngs to the estate of one John Sunderland, deceased. The plaintiff is administrator upon his estate.

<p>1. Partnership: requisites of: sharing in losses. One who receives a share of the profits of a business in payment for his services in managing. the same, but does not share in the losses, is not a partner therein.</p> <p>2. Agency: proof of course of dealing. Evidence considered and held insufficient to establish such a course of dealing as would justify a third person in presuming that an employe had authority to sell property of his employers and receive payment for the same.</p>

On the 14th day of November, 1880, the plaintiff commeuced this action in equity for the reformation of a lease of certain premises, for the recovery of rent thereon from December 1879 to November 1880, at the rate of $54.15 per month, and for the issuance and enforcement of a landlord’s attachment against certain property used upon the leased premises. The defendants made no defense.

*The petition in this case contains three counts. In the first count is averred in substance that on the 12th day. of August, 1880, the State of Iowa made a verbal contract with the plaintiff, by which the plaintiff was employed as superintendent of the Iowa Institution for the Deaf and Dumb, for one year from September 1, 1880, at a salary of $1,000, and board and lodging during that time for himself and family. “That the defendants, knowing the premises, and contriving and…

The defendant was convicted of obtaining tbe signature of another to a written instrument by false pretenses, and appeals to this court. The facts of the case involved in the points ruled by the District Court appear in the opinion,

The plaintiff is the administrator of the estate of John Farley, deceased, his son, who, being in the employment of defendant as a section hand, was killed by care running over him while walking upon defendant’s railroad track. This action is brought to recover for. the injuries which resulted in his death. There was a verdict and judgment for plaintiff. Defendant appeals.

The plaintiff’sold and conveyed certain real estate to the defendant Marvin R. Luse, and took therefor a promissory note signed by him and one Starkey. Afterwards both Luse and Starkey failed in business and became pecuniarily irresponsible, and the note is unpaid.

<p>1. Appeal: filing of transcript: practice in the supreme court. An appeal must be taken within sis months after the rendition of the judgment or order appealed from, but it is not required that it shall be perfected by the filing of a transcript in the Supreme Court within that time.</p> <p>2. -:-:--. Where good faith is shown by the appellant his appeal will not be dismissed for a failure to file a transcript until after he has had timely notice that one will be required by the appellee.</p>

<p> Appeal .from, Clay Circuit Court. </p> <p>Action at law. A demurrer to the answer was sustained, and defendant appeals.</p>

. Action of replevin. There was a verdict and judgment ■for defendant for a small part of the property. The defend-ant appeals. The facts of the case appear in the opinion.

Action for the foreclosure of a mortgage on 120 acres of land.

This actio’n was commenced in the Circuit Court of Floyd county, at the September term, 1879, and notice was served on tbe defendant in Butler county. At tbe September term tbe defendant appeared and made application for change of tbe place of trial to Butler county, on tbe ground that tbe defendant was a resident of that county, and also for an order for compensation for being compelled to attend to tbe suit in tbe wrong county.

The petition in this case is entitled as follows: “Lawrence McName, administrator or the estate of Mason A. King, deceased, v. P. S. Malvin, Sarah Malvin, administratrix of the estate of Samuel Malvin, deceased.” The body of the petition is, in subtance, as follows: That on the 17th day of November, 1870, in the lifetime of said Samuel Malvin, he, the said Malvin, made his joint promissory note in writing to Mason A. King and Phoebe King, by which he promised to pay said…

Action in equity to subject certain real estate conveyed by tbe defendant Martin to his wife, who is made defendant, to the payment of a judgment against him, on the ground the conveyances were made with intent to hinder and delay the creditors of said Martin, in whish fraud the defendant Anna participated, as was alleged in the petition.

This is an action involving the obligation of the defendants to erect and maintain a partition fence on the line between lands owned by the respective parties. It appears that, a controversy having arisen as to the obligation to erect the 'fence,* the plaintiff applied to the township trustees, who met and determined that the fence should be built, and assigned to each party his portion thereof, and fixed a time within which the same should be erected.

The plaintiff brings this action for the assignment of dower in certain lots in the city of Dubuque. She alleges that she was married to John Cunningham, in April, 1840, and that he died in 1880; that in June, 1840, he purchased the lots in question, and they were sold on execution against her husband, October 9th, 1841, but that she never released her right of dower' therein. A demurrer was interposed to the petition, which the court sustained. The plaintiff appeals.

Action upon a promissory note made payable to M. Woodward or bearer and transferred to the plaintiff.

This is an action involving tbe title to some twenty-one hundred acres of land situated in Monona county. The plaintiffs claim title through the Iowa Central Air Line Eailroad Company, under the original land grant act of Congress of May 15, 1856, and the act of the General Assembly of Iowa of July 14, 1856. The defendants claim title under the same acts, and the further acts of the General Assembly of March 17 and 26, 1860, and the act of Congress of June 2, 1864.

Action upon an account for clothing furnished prisoners confined in the jail of said county at the request of the sheriff. Trial by the court. Judgment for the plaintiff for $215.80, and defendant appeals.

This is an action in equity, the object of which is to quiet the title to eighty acres of land, and in case a decree is not rendered quieting the title, plaintiff seeks to recover of defendant certain taxes which he alleges he paid upon the land, and to make said taxes a lien thereon. The plaintiff claims to be the owner of the land by virtue of a tax sale and deed.

On the first day of January, 1878, the plaintiffs were residents of Ohio. On the eleventh day of said month they purchased a stock of goods in Waterloo in this State, and in a few days thereafter they paid for said goods with money brought from Ohio. Afterward, during the months of February and March following, they purchased other goods at places out of the State of Iowa'and added the same to said stock of goods.

'The defendant is the executor of John Linton and the qtla.int.iff is the widow of the latter. They were married in 1861, and lived and cohabited together as man and wife in her house at Garnavillo until the year 1868, when they separated, and have since then lived apart.

Proceedings in Certiorari. At the December term, 1880, of this court the plaintiff made application by petition for a writ of certiorari, directed to the Honorable J. R. Zuver, as Judge of the Circuit Court of the county of Lyon, in the 14th Judicial Circuit, commanding and requiring said judge to certify to this court a correct transcript of the record and proceedings in a case of E. E. Carpenter v. The Sioux City At the April term, 1881, of this court, at Dubuque, the…

Action in chancery to set aside and declare void an election held in Delaware county, upon the question of removing the county seat from Delhi to Manchester, at which a majority of the votes were declared by the county canvassers to be in favor of the removal; and to enjoin the supervisors of the county from making any order in pursuance of said action, and to restrain the county officers from removing their offices to Manchester.

Action upon a joint policy of fire insurance made to the plaintiff by the defendants, the Germania Fire Ins. Co. and the Hanover Fire Ins. Co. The defendants, for answer, admit the issuance of the policy, and the destruction by fire of the property insured, but they aver that the plaintiff fraudulently caused the property to be burned.

Action on a bond executed by the defendant Heisey as principal and the other defendants as his sureties conditioned that said Heisey would faithfully perform in accordance with law the duties of warden of the additional penitentiary at Anamosa, to which office he had been duly elected. A breach of the conditions of the bond was alleged in the petition.

The plaintiffs bring this action to recover the amount of five promissory notes, executed by the defendant, William C. Parks, to the plaintiffs, and to foreclose a mortgage, executed to secure said notes, dated May 7th, 1875.

It appears from the averments of the petition in this .case that the plaintiff commenced an action against the defendant to determine the legal settlement of an insane pauper and to recover for the expense incurred by plaintiff in the support of said pauper in the hospital for the insane at Mount Pleasant. The original notice was entitled in the Circuit Court, but tbe petition by tbe mistake of tbe draughtsman thereof was entitled in the District Court.

Action in chancery to foreclose a mortgage executed by defendants Porterfield and wife. A decree was entered declaring plaintiff’s mortgage junior to a mortgage under which one of the other defendants claims. Plaintiffs appeal. The facts of the case are stated in the opinion.

The plaintiff commenced this action in replevin to 'recover of the defendant L. L. Farr, sheriff of Fayette county, a stock of goods and merchandise of the alleged value of $1,600, which it is averred, is the absolute property of the plaintiff, and upon which the said Farr as sheriff wrongfully levied an attachment issued from the Superior Court of Cedar Rapids, in an action by William Blair & Company against one Billings.

-Appeal from Monroe JDistriet Oourt. This action was commenced on the fourth day of September, 1872, to recover of the defendant damages for the alleged killing of George W. McMillan, on the 19th day of October, 1870. The cause was tried to a jury at the May term, 1880, of the Monroe District Court. The trial resulted in a verdict and judgment for the defendant. The plaintiff appeals. The material facts are stated in the opinion.

This is an action in chancery. It is averred in the petition in substance that in 1879 the plaintiff sold to one Johnson, who was made a defendant, certain real estate, and to secure the payment of the purchase money Johnson executed to plaintiff a mortgage thereon, and that the whole amount secured by said mortgage is now due; that in June, 1880, the Waakon and Miss.

<p> Appeal from Floyd Circuit Court. </p> <p>Action to foreclose a mortgage. Defense usury. Judgment for the plaintiffs, and defendants appeal.</p>

This action was brought under chapter 68 of'the acts of the Fifteenth General Assembly, establishing “reasonable maximum rates and charges for the transportation of freight and passengers on the different railroads of this State.” Trial to the court, judgment for the defendant, and' the plaintiffs appeal.

<p> Appeal from Butler District Oowrt. </p> <p>Indictment for a libel. Trial by jury; verdict guilty; judgment, and defendant appeals.</p>

Action to recover the amount of a bill of exchange deposited with defendant for collection by plaintiff’s testator, which defendant failed to present for payment to the drawee or to protest for non-payment, whereby the other parties to the paper were discharged. There was a trial to the court without a jury and judgment for plaintiff; defendant appeals. The facts of the case appear in the opinion.

This is an action to recover double the value of a horse, tbe property of plaintiff, which, it is alleged was killed by one of defendant’s engines at a place on the road of defendant where it had neglected to fence its track. There was a trial by jury and a verdict and judgment for double the value of the property. Defendant appeals.

Action in chancery to restrain defendants from taking and removing a portion of a crop of corn raised upon lands the title of which, plaintiffs allege, they acquired by sale upon execntion. The cause was submitted to the Circuit Court upon an agreed statement of facts, and plaintiffs’ petition was dismissed; they appeal to this court. The facts of the case appear in the opinion.

<p> Appeal from Pottawattamie Gi/reuit Gowrt. </p> <p>Action in chancery to enforce the specific performance of a contract to convey the right of way for plaintiff’s railroad over certain lands owned by defendant. Upon a trial on the merits, the petition was dismissed. Plaintiff appeals.</p>

Action for partition of forty acres of land in Linn county. The plaintiff claims to be the owner of one undivided eighteenth part. The defendant denies that the plaintiff owns any part of the forty acres, and avers that he owns the whole. There was a decree for the defendant. The plaintiff appeals.

'On the 15th day of February, 1876, Amos Pearsall entered into a written contract with Ira Wyman, for the sale to him of one hundred and sixty acres of land, at the price of $2,080, and the taxes for 1875, the contract providing for payment as follows: $200, November 1, 1877; $500, November 1, 1878, 1879 and 1880 respectively, and $380 November 1, 1881.

Action in equity to set aside a tax deed and to quiet title to the land. The plaintiff avers that no notice was given of the expiration of the time of redemption. There was a general denial. Decree was rendered for the plaintiff. Defendant appeals.

The defendant was indicted for an assault upon oneZeaman Magoon, with intent to inflict a great bodily injury. He was tried and found guilty as charged, and he appeals.

The plaintiff filed a petition in substance alleging that the defendant is a municipal corporation organized and existing under the general laws of the State, and it is its duty to keep the streets in said incorporated town in good order and repair; that within said town there is a street called and known as Main street, which is a public highway for the passage of all persons on foot and with teams; that with the knowledge, approval and consent of the defendant a deep and…

This is a proceeding for the probate of a will. The widow, the plaintiff, objected to the will on the ground that it was executed before her marriage with the testator, and the disposition of all his property made therein, if sustained, will defeat her rights secured by the law.

Action to recover damages sustained by plaintiff by reason of a stream of water being diverted in the construction of defendant’s railroad, whereby sand and earth were washed upon-and deposited- on plaintiff’s land. ' Judgment'upon a verdict was rendered for plaintiff; defendant appeals.

This action was brought to recover of the defendants, W. .H. Glick and I. B. Southwick, as makers of a contract which is in these words: “State of Iowa, County of Jones, ) Township of Hale. “Mr. 8.

olh Circuit Cov/rt. Mandamus to compel defendants to admit plaintiff into the public school of their district. A demurrer to plaintiff’s petition was sustained and judgment rendered for defendants; plaintiff appeals.

' O. 0. Keith, II. Ransford and W. L. Brown executed their joint and several notes to, the plaintiff; Brqwn died, and on March 18, 1876; Keith was appointed administrator of the es- * tate. On the 29th day of July thereafter the plaintiff filed his claims duly verified against the estate, in which he claimed the amount due on said notes. On August first, 1876, there was indorsed thereon the following: I, O. 0.

The defendants recovered a judgment against A. M. Saunders, caused an execution to issne and were about to sell certain real estate belonging to the plaintiff, as he claims, and asked that an injunction issne restraining the sale. The decree was for the plaintiff and the defendants appeal.

Hoyt Sherman sued out an attacbment against one Stamper, which was placed in the hands of the plaintiff for service, and he thereunder attached certain personal property belonging to said Stamper. Whereupon the latter and the defendant as his surety executed to the sheriff the delivery bond upon which this action was brought.

The plaintiff is incorporated under the general incorporation law. The town council passed an ordinance providing that no person should sell any vinous or malt liquors without having obtained a license from the authorities of the town.

This action was brought to recover upon a promissory note executed by the defendants, Solomon Hidy and D. K. Maxwell, to the Farmers’ Manufacturing Co., and indorsed to the plaintiff. The defendants for answer averred that the note was obtained by fraud, that it was without consideration, and that' it had been altered in a material respect by an erasure. The plaintiff for reply denied the averments of the answer.

Action to cancel’ a policy of insurance. The policy was issued to the defendant Chamberlin by the plaintiff’s agent George A. Duncan, covering a stock of goods which was destroyed by fire. The plaintiff avers that the policy was wrongfully and fraudulently issued; that the loss had already occurred, as the “defendant and Duncan well knew, and that the policy was not issued in pursuance of a -previous agreement by parol.

The plaintiff is the holder of a chattel mortgage executed upon certain personal property by one John Murray. The defendants Althouse, Wheeler & Go. are judgment creditors of one Davis & Thomas. As such they caused an execution to- be issued and levied upon tbe mortgaged projmrty, claiming that the same was the property of their judgment debtors Davis & Thomas, and' that if they ever sold it to Murray, the plaintiff’s mortgagor,* the sale was fraudulent and void.

Plaintiff brought this action to recover for money expended in the support of a pauper alleged to have a settlement in Bremer county.. The case was tried to the court without a jury and a judgment was rendered for defendant. Plaintiff .appeals. The facts of the case appear in the opinion.

<p>1. Practice: bill op exceptions: skeleton bill. A skeleton bill of exceptions must identify the papers to be inserted by the clerk so as to leave nothing to his discretion.</p> <p>2. Practice in the Supreme Court: abstract. Where an appellee files an additional abstract setting out evidence not contained in that of the appellant he cannot deny that all the evidence is preserved in the court below and presented to the Supreme Court in the abstracts.</p> <p>3. Etailroads: negligence: waiver by employe. Where it was shown that a brakeman, who was knocked from the top of a freight car by a bridge, had been employed on the same portion of the road for several years, and knew the height of the bridges but remained inf he service without protest, it was held that he thereby waived the negligence of the company in that regard.</p>

This is fn action in equity, for the specific performance of an alleged verbal contract for the purchase of eighty acres of land; there was a trial upon written evidence, and a decree for the plaintiff. Defendants appeal.

Action upon, two promissory notes executed to plaintiff by defendants. For answer the defendants plead usury. There was a trial by jury and verdict and judgment were rendered for the plaintiff for the full amount claimed. From such judgment the defendants appeal. After the appeal was taken the plaintiff filed a motion to retax costs so as to include an attorney’s fee, it having been stipulated in the notes that an attorney’s fee might be taxed with the costs.

Action in chancery to foreclose a mortgage. Upon a trial on the merits there was a decree dismissing plaintiff’s petition and directing that the mortgage be canceled as prayed for in a cross bill filed by defendant. Plaintiff appeals. The facts of the case are set out in the opinion.

The following complaint was filed in said court: “ The State of Iowa, 1 v. Jacob L. McGlothlen. J' t Complaint in Bastardy. In the District Court of the State of Iowa, in and for Monroe county. I, Amanda Meeker, an unmarried woman, residing in the county of Monroe, in the State of Iowa, do hereby state and complain that I am now pregnant with a child, which, if born alive, will be a bastard.

This is an action at law to recover damages which it is alleged the plaintiff sustained while in the employment oí the defendant by being run over by a car through the negligence of certain co-employes.

Action to foreclose a mortgage given to secure two promissory notes executed by the defendant Barber to one J. C. Fulkerson, and made payable to him or bearer. The intervenor, S. B. Fulkerson, claimed to own the notes. The maker of the notes, Barber, makes no defense, and the only question presented is in regard to the ownership. The court found that they were owned by the intervenor, and dismissed the plaintiff’s petition. The plaintiff appeals.

■Appeal from the Superior Cotort of Cedar Rapids. x. On the 19th day of February, 1880, O. O. L. Jones commenced this action against Wm.

This is an action to recover damages for t*he alleged willfully and maliciously setting fire to and causing to be burned certain stacks of wheat of the plaintiff. There was a jury trial, resulting in a verdict and judgment for the defendant. The plaintiff appeals. This is the same case that was before the court upon a former appeal. See 46 Iowa, 30.

Action to recover for services in teaching school in sub-district No. 4, in the defendant district township. Trial by jury and verdict and judgment for the plaintiff for the amount claimed. The defendant appeals.

The plaintiffs are husband and wife. The plaintiff Emma Shearer claims that she, as the heir of John P. Weaver, is entitled to two-thirds of said real estate, and that Nancy Weaver, as the widow of John P. Weaver, is entitled to the remaining one-third of said estate. The defendant J. P. Hawthorn claims that he, as the grantee of Isaac Weaver, is the owner of one-third of the land described. The cause was referred to I. N..

There are two counts in the indictment. The first charges that the defendant did feloniously, and with intent to defraud, falsely make, forge, and counterfeit a certain check, purporting to be signed by D. H. Porter, and the second that the defendant, with intent to defraud, uttered and published as true the cheek aforesaid. The defendant demurred to the indictment, which was overruled.

Indictment charging that the defendant “ did * * * keep a house of ill. fame resorted to by divers persons for the purpose of prostitution and lewdness ” and that the defend.ant had previously been convicted .of a “ like offense * * * to wit, keeping a house of ill-fame resorted to for the purpose of prostitution and lewdness.” There was a jury trial, -verdict guilty, and that the defendant had been previously convicted of a like offense.

<p>1. Principal and Agent: ratification of unauthorized contract. A principal who accepts the benefit of an unauthorized contract made by his agent must take also the obligations which form a part of it.</p> <p>2. -: -: rcle applied. An agent for the owner of a note and mortgage took new notes for the debt, and in consideration of their being signed. by the wife of the maker, who was not a party to the former note, agreed to cancel the mortgage. His principal having brought suit and taken judgment against both husband and wife on the notes, it was held that he could not also enforce the mortgage.</p>

The defendant was convicted of the crime of robbery, alleged to have been committed upon Isaac Mendenhall. Judgment having been rendered upon the verdict he appeals.

The plaintiff is a creditor of Harry Smith & Co., to the amount of $1,024.93. He brings this action to recover his claim from the defendants. His alleged right of action as against them is based upon two grounds: 1st, a general verbal promise , to pay the same; 2d, a verbal acceptance of an order for that amount. The defendants' pleaded a general denial, the statute of frauds, and want of consideration.

Action at law. The cause was tried to the court below without a jury, and judgment was rendered for defendants. Plaintiff appeals. The facts of the case appear in the opinion.

Action in chancery. There was a decree in the court below granting the relief prayed for in plaintiffs’ petition. Defendant appeals. The facts of the case are stated in the petition.

This action was brought originally for the purpose of obtaining a divorce, the alleged ground of divorce being that the defendant had been guilty of adultery. A decree was granted as prayed, and the custody of the only child of the parties, Myo D. Sherwood, 'a boy about six or seven years of age, was awarded to the plaintiff.

<p>1. Contract: reformation of: equitable jurisdiction. An allegation of a mistake in a written contract, anda prayer for its correction, ■will not authorize the reformation of the contract in other particulars nor impair its validity as to its other provisions.</p> <p>2.-: forfeiture: waiver of. Where after default in making payments under a contract for the sale of land, whereby under its terms a forfeiture was worked, the vendor enforced payment of a portion of the sum by the sale of property mortgaged as security, it was held that he thereby waived the forfeiture and could not insist thereon after a tender of the balance due under the contract.</p>

This is an action in equity, the object of wbicb is to set aside a judgment and decree of foreclosure of a mortgage, and a sheriff’t, sale of real estate thereunder, upon the alleged ground that the judgment and decree are void for want of jurisdiction in the court in which the same were rendered. A demurrer to the petition was sustained, and plaintiff appeals.

The plaintiff is the executor of Nathan Johnson, and brought this action to recover of the defendant, who is the widow of said Johnson, a sum of money paid to her by the “Freemason’s Protective Association of Iowa, at Keokuk.” The said Johnson was a Freemason, and applied to said association to become a member and upon being accepted he agreed to “ abide by all the rules and regulations adopted by the association or its official board.” The association is of a benevolent and…

Action to foreclose a mortgage. The petition showed that in 1873 the plaintiff, James M. Foster, sold to the defendant, Jesse Fisk, certain land in Davis county; that Fisk executed to him his promissory notes for the purchase money and gave a mortgage to secure the same upon the land; that in 1876 Fisk sold and conveyed the land to the defendant, H. H. Draper, who assumed the payment of the mortgage debt; that afterwards it was arranged between the plaintiff, Draper and Fisk…

<p>1. Administrator: duties of: life insurance. An administrator is charged with the duty of collecting life insurance payable to the “ legal representatives ” of his decedent upon his death, and he and his sureties are liable for a failure to inventory and distribute the avails of such insurance paid to him.</p> <p>2. -:-:-. An administrator de bonis non, appointed after the death of the widow of his decedent, who was his administratrix, cannot maintain an action to recover from her sureties the avails of a policy of insurance bn the life of his decedent, collected by her and not accounted for, such sureties being accountable only to the children of the decedent, or their guardians, for the amount of then- shares thereof.</p>

Action of mandamus to compel the defendants, who are trustees of Fairview township, Jasper county, to certify to the county treasurer a certain railroad tax which it is alleged was voted to aid the construction of plaintiffs’ road. The relief demanded by the plaintiffs was denied, and they appeal.

<p> Appeal from Jasper Circuit Cowrt. </p> <p>These actions are for tie recovery of tie value of a mule and a cow alleged to have been wi’ongfully detained from tie plaintiffs by tlie defendants. There was a trial to tie court wad a judgment for tie defendants! Tie plaintiffs appeal.</p>

In 1871 the defendant entered into a contract with Rev. John E. Brazill, whereby he agreed to construct for said Brazill a church building. Eor the purpose of constructing the building he purchased of the plaintiffs a bill of lumber amounting to about $819.00. This action is brought to recover for such lumber. The plaintiffs in the first place declared upon account.

<p> Appeal from Dubuque District Court. </p> <p>Action in equity to restrain the defendant from entering upon and improving as a street a small triangular tract of land within the limits of the defendant city; and to quiet title to the same. The defendant denies that the plaintiffs are the owners of the land, and avers that the land is public, and that the title is held in' trust by the defendant city for the public. There was a decree for the plaintiffs. The defendant appeals.</p>

The petition contained seventeen counts, but no claim is made on this appeal except on the second and sixteenth, on which there was a trial to the court, judgment for the defendant, and plaintiff appeals.

Action on a promissory note payable one year after date, to the order of M. E. George, and by him assigned to the plaintiff.

One of tiie-defendants was at one time mayor and the others members of the council of the city of Des Moines. The plaintiff was police judge, of said city and brings this action to recover damages caused by certain wrongful acts done by the defendants. A demurrer to the substituted and amended petition was sustained, and the plaintiff appeals.

The plaintiffs obtained a judgment against tbe defendant Mrs. J. A. Yan Leuven, for the sum of $409.38. Afterward they caused an execution to be issued^ and garnished the defendant W. M. Jones. He made default and judgment was taken against him for $345.64. Afterward Jones appeared and filed an answer setting up certain matters in excuse of his default and denying all indebtedness. There was a trial by the court.

The plaintiff was an employe of the defendant, working on a construction train, and alleged in his petition that while so engaged his co-employes carelessly and negligently “let fall on tbe left foot of plaintiff a heavy iron rail,” whereby he was greatly injured.

• The plaintiff, in 1877, made a written contract with the ■defendant whereby he sold to him an. improved farm. The ■defendant entered into possession of the farm and enjoyed the use of it during the years 1878 and 1879, and in the meantime he paid a portion of the purchase money. lie did not, however, meet all the payments as they became due. The •.first installment, falling due January 1, 1878, was not paid .until October, 1878.

Action to recover for legal services rendered in behalf of the defendant’s son, who was indicted and tried for the crime of burglary. The criminal trial resulted in a conviction. Upon appeal to this court the judgment was reversed and the cause remanded. Afterwards the indictment was dismissed.

This action is based • upon an accident insurance ticket. There was a verdict and judgment, for the plaintiff. The defendant appeals.

The plaintiff and defendants Emily and Ellen 0. Yan Guilder are heirs and devisees of David Yan Guilder. The defendant Sarah A. Justice is the widow of said David. The plaintiff in this action seeks to have partitioned certain real estate devised to him and his sisters. Mrs. Justice claims she is entitled to a distributive share thereof, and asks the same be set apart to her. The court found for the plaintiff and entered a decree accordingly. Mrs. Justice appeals.

<p> Appeal from Marion Circuit Gou/rt. </p> <p>This action was commenced in 1876, and the original petition filed at that time stated the plaintiff was an unmarried woman, and that “ on or about the fifteenth day of February, 1875, the defendant * * did seduce and debauch her and have sexual intercourse with her,” whereby she became pregnant and was delivered of an illegitimate child. For the cause of action just stated the plaintiff sought to recover damages. The defendant denied the allegations of the ■petition, and afterward there was filed an amendment to the petition, to which a demurrer was sustained. There was a trial by jury, verdict and judgment for the plaintiff. The defendant filed a motion in arrest and for' a new trial, which was sustained. Both parties appeal.</p>

■ Action to,recover possession of the northwest quarter of the northeast quarter and north half of northeast quarter of northeast quarter of section 25, township 78 north, of range 17 west of fifth P. M., and southeast quarter of southeast-quarter of. section 2é, in same township, in Jasper county. The land was owned by one Peter Chambers, who died seized of the land, leaving the plaintiffs as his only heirs'. They claim that they are entitled 'to the same by inheritance.

Action of replevin. There was a verdict and judgment for plaintiff; defendant appeals. The facts of the case appear in the opinion.

Action at law. A demurrer to defendant’s answer was overruled, and, plaintiff standing on his demurrer, judgment was rendered for defendant. Plaintiff appeals.

Upon tbe return of tbe writ of error, tbe judgment of tbe justice was affirmed. Defendant appeals. Tbe cause has before been in this court. See 52 Iowa, 647.

This is an action to recover damages for a personal injury resulting in the death of James Fisher, plaintiffs’ intestate,at Wilton, Iowa, in the month of August, 1877. There was a trial by jury and verdict and judgment for the plaintiff. Defendant appeals.

Action at law to recover for services rendered by plaintiff as sheriff of the defendant county. The 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.

Action to enforce a redemption from a sheriff’s sale of real estate upon certain judgments. There was a demurrer to the petition, which was sustained. The facts will appear in the opinion. The plaintiff appeals.

Action in equity. The plaintiff filed her petition in the Circuit Court of Jasper county, asking, among other things, for a specific attachment against certain property, and also for a general attachment. A writ was issued containing two mandates, one for a specific attachment and one for a general attachment. Afterward the defendant filed an affidavit that he was about to file a motion to dissolve the specific attachment.

Action to recover specific personal property. The alleged ground of detention was that one of the defendants had levied upon and taken the property into his possession under and by virtue of an execution against the plaintiff, who claimed the property was exempt from execution. Trial by jury. Verdict and judgment for plaintiff, and defendants appeal.

The plaintiffs were employed by one Johnson to commence and prosecute an action against the defendant for a personal injury. They allege that at the time of the commencement of the action they gave notice to the defendant that they'claimed an attorney’s lien upon money in defendant’s possession due Johnson, for general balance of compensation due them for services as attorneys for Johnson.

Action at law to recover the possession of certain real estate. The plaintiff claimed title under a foreclosure of a mortgage executed by the defendants, a sale of the premises and conveyance by the sheriff.

Action in equity to determine the title to real estate. The plaintiff claims under the patent, and defendant under a tax title. Judgment for the former, and the latter appeals.'

The plhintiff is the owner of a lot in the city of Ottumwa, and in his petition, which consists of three counts, states in the first that the track of defendants’ road is constructed in said city along and across Mill street, and where it crosses said street there is an embankment twelve feet higher than the grade of the street over which said road is operated, and that said embankment “is impassable for ordinary vehicles” so that the said lot “is not accessible from and…

Action to recover damages for forcibly dispossessing plain, tiff of her dwelling house and removing her household goods therefrom. Issue having been taken upon the allegations of the petition there was a trial by jury, which resulted in a ver■dict and judgment for the plaintiff for $250. Defendant appeals.

Action in equity to restrain a sheriff’s sale of real estate upon a decree establishing a mechanic’s lien. Upon a trial the preliminary injunction which had been granted was dissolved, but the judgment on the mechanic’s lien was modified by ordering a credit thereon of ninety dollars, alleged to have been paid before the judgment was rendered.

The plaintiffs commenced an action against Mrs. A. E. Oliver, in which an attachment was issued and said Oliver’s real estate and personal property attached, and Mrs. O. E. Webster garnished.

The plaintiff brings this action in equity to quiet his title to 140 acres of land, being the N-J N| N and SJ NW¿ NW¿ and S$ N¥|, 2, 98, 12. The plaintiff claims title to said land 'through 'certain tax deeds. The defendant G. E. Marsh claims title to the land through purchase from the owner of the patent title. He alleges that the tax title is void, and prays tliat his own title may be quieted.