Volume 67 — Iowa Reports

Action upon a promissory note. The defendant pleaded certain facts as constituting virtually a payment. The plaintiff demurred to the answer, and the demurrer was sustained. The defendant elected to stand upon his answer, and judgment was rendered for the plaintiff. The defendant appeals.

<p>1. Promissory Note: guarantor: who is: defense of usury by. One who writes on the back of a note, “I hereby indorse the within note,” and signs his name, is a guarantor, under section 2089 of the Code, the same as if he had indorsed in blank, and as a guarantor he may set up as a defense to an action on the note usury in its inception. See authorities cited in opinion.</p>

Appeal from, Appanoose District Court. Action on a promissory note. There was a verdict and judgment for plaintiffs, and defendant appeals.

The plaintiff in his petition claims to be the absolute owner of a certain eighty acre tract of land. lie avers that the defendant makes some claim to the same, and prays that his title be quieted as against the defendant. The defendant by his answer claims title to the land by virtue of a tax sale and deed.

Tub defendant was accused, by indictment, of the crime of nuisance. He was tried by a jury, and found guilty, and the court sentenced him to pay a fine and the costs of the prosecution, and from this judgment he appeals.

■ Plaintiff brought this action on two promissory notes executed by the defendants L. L. Parsons and O. F. Parsons, and to foreclose a mortgage given by them to secure said notes. D. S. Sigler was made a party defendant, and it was alleged in the petition that he asserted some interest in the mortgaged premises, but that such interest was junior to plaintiff’s mortgage.

Action for a divorce and alimony. The defendant pleaded that in May, 1880, he was granted a divorce from the plaintiff by a court of competent jurisdiction in the state of Nebraska, of which state he was then, and for some time prior thereto, had been a resident.

The plaintiff was assessed upon his moneys and credits at $440. The board of equalization in the city in which he resides, to-wit, the city of Oskaloosa, raised his assessment from $440 to $10,440, and, in addition thereto, assessed him as agent of the Colonial & United States Mortgage Company in 'the sum of $20,000. The plaintiff, feeling aggrieved by the action of the board, appealed therefrom to the circuit court of Mahaska county.

Action in chancery to quiet the title to certain lands, and to recover damages for entering upon and grading a street thereon. A decree was entered for defendant, declaring the land to be a part of the street. Plaintiff appeals.

The plaintiff, in an action by attachment against the defendant, the Co-operative Coal Company, caused Silknitter to be served with process of garnishment. lie answered, denying indebtedness to defendant. The plaintiff filed an answer to the garnishee’s answer, denying its allegations, and averring that the garnishee does owe the defendant, and has money and property in his hands belonging to defendant.

Action in equity to establish a credit on a judgment obtained by defendant against plaintiffs. Tbe material facts are stated in tbe opinion. Tlie court dismissed the petition, and plaintiffs appeal.

This is an action in equity by which the plaintiff seeks to enjoin the defendants from erecting any building or other structures upon certain parts of two lots in the city of Des Moines. There was a trial to the court, and a decree for the plaintiff. The defendants appeal.

The plaintiff is sheriff’ of Madison county. He claims of said county, by this action, the sum of $131; the same being for sheriff’s fees for serving subpoenas in an action wherein the state of Iowa- was plaintiff and one Cook was defendant. The cause was submitted to the district-court upon an agreed statement of facts, and judgment was rendered for the plaintiff. Defendant appeals.

Appeal from Ringgold District Court This is an appeal by defendant from an order of the district court overruling a motion for judgment. The material facts are stated in the opinion.

Action of mandamus to compel the defendants, who are township trustees, to use certain real estate as a public cemetery. The relief asked was refused and the petition dismissed. The plaintiff appeals.

This is an action to foreclose a mortgage. There was a decree in the district court for the plaintiff. Defendant appeals.

Action in chancery to enforce a mechanic’s lien. There was a decree granting the relief prayed for by plaintiffs. Defendants Hale and wife appeal.

The plaintiff commenced an action against the defendant Graham, and caused an attachment to issue, which was levied on certain property belonging to Graham. J. S. McCaughan intervened in the action, and claimed that he was the owner of, or entitled to, the attached property. The court held that the facts stated in the petition of intervention did not entitle the intervenor to the relief asked, and he appeals.

<p> Appeal from Jasper Circuit Court. </p> <p>This is an action in equity by which the plaintiff Pease seeks to establish a mechanic’s lien upon the dwelling-house of the defendant for furnishing paint and painting the same. Pending the action, Pease assigned certain parts of the claim to the other plaintiffs, and the court rendered three separate judgments for the plaintiffs, but refused to establish the claim as a lieu upon the building. Both parties appeal.</p>

<p>This is - a proceeding by certiorari originally brought in this court.</p>

Action to recover for a personal injury. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

Action for divorce, on the ground of cruelty, neglect, etc. The defendant denied the allegations of the petition, and in a cross-bill asked for a divorce. The divorce was denied upon both petitions by the district court, and both were dismissed. Plaintiff ajipeals.

In 1872 judgment for a fine and costs was rendered against the defendant Ales. McK. Wallace in the district court of Buchanan county. This action is brought to subject to the payment of the judgment certain land conveyed in 1870 to Wallace’s wife, the defendant Annie E. Wallace. There was a decree for the plaintiff. The defendants appeal.

An injunction was issued in this case, which the defendant moved to dissolve. The motion was overruled, and_ the defendants appeal.

This is an action upon an injunction bond. It appears that the defendant R. P. Chambers brought an action against the plaintiff to enjoin him from entering upon certain laud belonging to Chambers, or from operating and opening a coal mine thereon. A temporary injunction was issued, and a bond given, which the defendant Job Chambers signed as surety.

Action in equity to set aside a judgment rendered against the plaintiff as garnishee. There was a decree for the plaintiff. The defendants appeal.

<p>1. Life Insurance: default in payment of annual dues and assessments: waiver of default and restoration of policy: facts not constituting. Plaintiff’s husband held a life policy for her benefit in the defendant company, but certain assessments and dues were overdue Deo. 7, 1882, whereby the policy was forfeited, when defendant’s secretary wrote him, in substance, that if he would remit immediately he would send receipt without default. Remittance was not then made, but on the 25th of that month plaintiff’s husband was taken sick, and on the 81st of the month he died. On the 80th, however, at his request, the plaintiff remitted • the money, and it was received at defendant’s office January 1st, and receipts were returned in printed form, each containing the provision that it should bo valid only on condition that the assured was alive and in good health on the day of its date; hut there was written, in the hand of the secretary, on the margin of each receipt the words “no default.” After defendant was informed of the death of the assured, it returned the money to plaintiff. Held—</p> <p>(1) That, because remittance was not made immediately upon receipt of the letter of Dec. 7, the offer therein contained to waive the default was at an end.</p> <p>(2) That, since the assured was not alive at the date of the receipts, the receipts were invalid by their own terms. The written words “ no default” not being repugnant to the printed conditions of the receipts, they are to be construed in connection therewith; and the true meaning is that there should be no default provided the assured was alive and in good health at the time of their date.</p>

Action in chancery to enforce a mechanic’s lien. There was a decree in the court below establishing the lien for the amount claimed by defendant. Plaintiff appeals.

This is an action to recover the rental of a lot in the city of Burlington, the possession of which plaintiff alleges the defendants wrongfully and willfully retained after the expiration of a lease. There was a trial to the court, and judgment was rendered for the plaintiff for less than the amount demanded in the petition. Plaintiff appeals.

Tms action was commenced to recover a balance' due upon' a promissory note. The defendant by his answer, set up that the note was only to be a valid instrument between the parties in case the defendant should succeed in collecting an indebtedness from one Barton, due to these parties as partners.

Action to quiet in plaintiffs the title to certain real estate. The district court dismissed the petition. Plaintiffs appeal.

Certiorari. The plaintiff is a practicing attorney, and was fined by tlie defendant for a contempt of court. lie claims that the court exceeded its jurisdiction or otherwise acted illegally in thus punishing him, and he seeks in this proceeding to have the judgment of the court set aside.

Action to enforce the lien of a judgment. A demurrer to the petition was' sustained; and, plaintiffs standing upon their petition, the action was dismissed. They now appeal.

Action for malicious prosecution. The defendant demurred to the plaintiffs’ petition, and the demurrer was sustained. The plaintiffs electing to stand upon their petition, judgment was rendered against them for costs. They appeal.

<p>1. Estates of Decedents: allowance to widow and claim against estate: priority. An allowance made by the court to the widow of a decedent, under Code, § 2375, unless modified by the provisions of Code, § 2377, must be paid in preference to a claim of a creditor of the decedent, filed and allowed as a claim against the estate; and the administrator has no power to contract with a creditor that his claim shall have preference; nor has the court power, upon the allowance of such claim, to order that it shall be paid first.</p>

Action to foreclose mortgages. The decree provides that separate tracts of land mortgaged shall be charged with the mortgage debt in tlie proportions indicated therein. Two of the defendants, John E. Mowery and Henry Kline, appeal.

Appeal from Guthrie Circuit Court. Action at law eor the recovery oe rent. There was a verdict aud judgment for the defendant. Plaintiff appeals.

B. W. Morrison made a general assignment for the benefit of his creditors, and this is a contest as to the division oí the assets between them. The court determined that plaintiffs were entitled to a share of the estate, and the defendants appeal.

Tins is an action at law in which the plaintiff claims of the defendant a balance of $300, which he alleges is due him as compensation for effecting sales of certain real estate for the defendant. There was a trial by jury, which resulted in a verdict and judgment for the plaintiff. Defendant appeals.

Action to recover from the defendant for relief furnished by the plaintiff to an alleged pauper, Gr. L. Hutchinson, and his family. There was a trial to the court, and judgment was rendered for the defendant. The plaintiff appeals.

Plaintiff brought this action to recover the value of a piano.

: 'Action to recover for personal injuries sustained by plaintiff, who was in the employment of defendant, through the negligence of a co-employe _ under whose direction he was working.- There, was a judgment upon a verdict for plaintiff. Defendant appeals.

Action in equity to set aside a foreclosure of a chattel mortgage executed upon a horse by the plaintiff to the defendant Gillispie. The court dismissed the plaintiff’s petition, and he appeals.

Appeal from Cass District Court. Defendant was indicted and convicted of tlie crime of forgery. He now appeals to this court.

. This is an action to recover damages for a personal injury which tlie plaintiff alleges she received by reason of a defective sidewalk on one of tlie streets of the town of Perry. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

This is an equitable action involving the validity of a tax voted to aid in the construction of a railroad. There was a decree for the plaintiff, and the defendant appeals.

Action for the recovery of damages for a personal injury sustained by plaintiff while in defendant’s employ as a brakeman on one of its trains, in consequence, as is alleged, of the negligence of the engineer in charge of the engine which was hauling said train. There was a verdict and judgment for plaintiff. Defendant appeals.

Action to recover the a?nount of a promissory note received by the plaintiff under the circumstances stated in the opinion. Judgment for the defendant, and the plaintiff appeals.

Action in equity to enjoin the collection of a tax voted in aid of the construction of the New Sharon, Ooal Valley & Eastern Railroad. Decree for the plaintiffs, and the defendants appeal.

Action upon a contract of purchase. The defendants pleaded that their signatures to the contract were procured by fraud, setting out in what the fraud consisted. The plaintiffs demurred to the answer, and the court overruled the demurrer. The plaintiffs electing to stand upon their demurrer, judgment was rendered against them for costs. They appeal.

. Action on a promissory note. Defendant answered that he signed said note as surety for Thomas Richardson, and tbat without bis knowledge or consent plaintiff, for a valuable consideration paid by the principal debtor, agreed to extend, and did extend, the time of payment of said note for one year, whereby lie was discharged.

Certiorari. On the twenty-sixth day of May, 1884, plaintiff filed a petition in this court, in which it is alleged that at the September term, 1883, there was pending in the district’ court of Kossuth county a certain cause wherein P. O. Kincaid and Henry Warder were plaintiffs, and the plaintiff herein was defendant; that the parties to said cause appeared at said term, and the defendant filed a demurrer to the petition theretofore filed by the plaintiffs therein, which the…

The note at the time of its execution was secured by a mortgage upon about six acres of land. In the action in which the judgment was rendered there was no prayer for a decree of foreclosure, and this action is brought as supplemental to that to enforce the lien of the mortgage. The defendant Dayton is the owner of two notes executed by Burns and secured by the same mortgage, but falling due later than the note upon which the plaintiff’s judgment was rendered.

The board of equalization of tbe city of Oskaloosa added $13,000 to plaintiff’s assessment on moneys and credits for the year 1881. They also assessed him $22,000 (moneys and credits) as agent. He appealed from this action to the circuit court, and, upon a hearing, the court reversed the action of the board, and struck out both items from his assessment, and from this order defendant appeals.

Ajpjpeal from Winneshiek Circuit Court. This is an action at law by which the plaintiff seeks to recover certain personal property which the defendant, who is sheriff, seized on execution as the property of George Hand and Margaret Hand. The plaintiff claims that she was the absolute owner of the property when it was levied upon.

Action in equity to quiet the title to real estate. The plaintiff claims under the patent title, and the defendants under a tax title and a decree of the district court quieting the title in their grantor. Judgment for the defendants, and the plaintiff appeals.

Appeal from Polk Circuit Court. Action to recover for an alleged tax. There was a judgment for the plaintiff for $904.80. The defendant appeals.

Appeal from Webster Circuit Court. Action upon a promissory note. There was trial by the court and a judgment for the plaintiff. Defendant appeals.

Action to recover the value of certain ice taken from the Des Moines river at a place where plaintiffs owned the land upon the adjacent banks. The circuit court instructed the jury to find for defendant, on the ground that plaintiffs held title to the land only to high-water mark, and that the title to the land covered by the stream between the lines of high water upon both banks is in the state.

Appeal from Wright Circuit Court. Action to restrain tlie collection of certain taxes. The relief asked was granted, and the defendants appeal.

This is an action in equity, by which plaintiff seeks to enforce the specific performance of an alleged contract for the sale of real estate. The defendant denies that she entered into any such contract with the plaintiff. There was a trial to the court, which resulted in a decree for the'defendant. Plaintiff appeals.

The defendant was convicted of the crime of uttering and publishing a forged promissory note with intent to defraud. Judgment having been rendered upon the verdict, he appeals to this court.

Action in chancery to restrain defendant from interfering with or removing a fence. A demurrer to the petition was sustained. Plaintiff appeals.

<p> Appeal from Polk District Court. </p> <p>'The defendants *were charged by information before the police court of the city of Des Moines with the violation of a city ordinance, by erecting wooden buildings and maintaining a lumber-yard within the fire limits of the city. They pleaded not guilty. A trial was had, and the defendants were found guilty, and they apj>ealed. Upon a trial in the district court the defendants were convicted of erecting wooden buildings within the fire limits, and acquitted of the charge of establishing and maintaining a lumber-yard within the said limits, upon the ground that the city council had no power under the statute to prohibit the erection and maintenance of lumber-yards within the fire limits. Both parties appeal.</p>

Aotion upon a written contract for a breach of a convenant therein contained, obligating defendants not to engage in the furniture business for a time and at a place specified therein. A demurrer to an answer of defendants was overruled, and, plaintiffs standing upon their demurrer, the case was dismissed. Plaintiffs appeal.

The defendant was indicted and convicted of the crime of murder, and sentenced to be imprisoned in the penitentiary for twenty years, and he appeals.

Plaintiff obtained a tax deed to a quarter section of land in Sioux county, and he brought this action in equity to quiet the title thereto. Defendant was in possession of the land at the time the tax deed was executed, and held the fee title. The only defense interposed is that the right of redemption from the tax sale had not expired, when the deed was executed.

Plaintiff -brought this action to recover damages on account of the killing by defendant on its railroad track of one horse, and the injury of another. There was a verdict and judgment for plaintiff in the circuit court, from which defendant took an appeal.

Appeals from Marshall District Court. Indictments charging the defendants as follows: “ The grand jury of the county of Marshall, in the name and by the authority of the state of Iowa, accuse Jobn O. Winebrenner of the crime of nuisance, committed as follows: The said John O. Winebrenner, on the fourth day of July, 1884, and on divers other days prior to the finding of this indictment, and since said day, in a building owned *by Albert Sharp, on the south one hundred feet of…

Action in equity to foreclose a mortgage upon certain land, and also to foreclose a vendor’s lien upon the same and other land. The court decreed a foreclosure of the mortgage, but refused to decree a foreclosure of the alleged vendor’s lien, and dismissed the plaintiff’s petition in respect to such lien. The plaintiff appeals.

The plaintiff is tlie wife of Philip Applegate, and sbe alleges in ber petition that the defendant Winebrenner is the keeper of a saloon, in wbicb he sells intoxicating liquors, and that, at various times witbin six months next before tlie commencement of the suit, said Winebrenner wrongfully and illegallysold to plaintiff’s said husband, at said saloon, intoxicating liquors when be was sober, causing his intoxication; and sold intoxicating liquors to him when he was drunk,…

<p>1. Railroads: condemnation of right of way: appeal: view by jury: discretion of court. Section 2790 of the Code leaves it to the discretion of the trial court whether or not the jury shall view the premises in controversy, and this court cannot interfere with the exercise of such discretion. So held in this case, — an appeal from an award by commissioners of damages for right of way for a railroad.</p> <p>2. -: right of way: instruction: basement. While the right of way for a railroad condemned under the statute is an easement, and the fee remains in the owner of the land condemned, yet it is not proper so to instruct a jury in an appeal from condemnation proceedings,' unless it is made to appear that the fee, burdened with the easement, is of some determinative value to the owner, which is not ordinarily the case. Cummings v. Des Moines & St. Louis R’y Co., 63 Iowa, 397; and Hollingsworth v. Same, Id., 443, followed.</p> <p>3.-: —-: right of owner to cross: instruction. An instruction which assumes that the owner of land condemned for right of way for a railroad has a right to cross and recross it, superior to the right of the company to use it for railway purposes, is erroneous, and was properly refused in this case.</p>

Action upon au account. The action was brought to recover for boarding certain persons held in custody by the defendant as constable of Linn township, Dallas county. The petition averred what was the reasonable worth of the board, and also that the defendant agreed to pay for the same. The defendant, for answer, averred that the persons boarded were held by him as constable for preliminary examination.

Action to foreclose a mortgage executed to the plaintiffs by the defendants Miriam Fenno and Charles C. Fenno. The plaintiffs made S. S. Preston defendant, who holds a mortgage upon the same property, executed to him by the Fennos, but they aver that his mortgage is junior to theirs and subject to it. Preston for answer denies that his mortgage is junior to the plaintiffs’ and subject to it.

Appeal 'from Mahaska Circuit Court. The plaintiff is a corporation operating telephone lines, its principal place of business being in the city of Davenport. It does business, however, in the city of Oskaloosa, from which different lines radiate, and it has what is called a central office in that city, by which is meant the central office of a district, denominated an exchange. The board of equalization of the city of Oskaloosa assessed the-property of the company at $2,000.

<p> Appeal from Hardin Cvreuit Court. </p> <p>Action to recover rent of land due upon a lease. The cause was tried to a jury, and judgment was rendered upon a verdict for defendant. Plaintiff appeals.</p>

Plaintiff is the widow of Francis Samson, deceased. She is also administratrix of the estate. The defendants H. F. Samson, L. M. Samson, O. L. Samson and Martha A. Daugherty are the surviving children of Francis Samson. Defendant Wilson Daugherty is the husband of Martha A. Daugherty. Francis Samson died on the twenty-first of April, 1881.

The plaintiff is the widow of Jacob Snyder, deceased, who made his last will and testament in January, 1880, and died in the month of August, 1883. It is claimed in the petition that the provisions in the will for the plaintiff were not intended to be in lieu of her dower or distributive share in the estate, and the demand is made that one-third of that part of the real estate not devised to her be set apart as her distributive share.

Ajppeal from, Hardin Circuit Court. Action upon a promissory note. Trial to the court without a jury, and judgment for plaintiff. Defendant appeals.

Action in chancery to foreclose a mortgage. There was a decree in the court below granting the relief prayed for in the petition. Defendants appeal.

ee Ciremt Court. Action upon two policies of fire insurance. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

Appeals from Dubuque Gireuit Court. An action was brought by each of the respective plaintiffs against the respective defendants, charging each with maintaining a nuisance in keeping a saloon, and in selling intoxicating liquors therein in violation of law; and the respective plaintiffs prayed .that an injunction issue in the actions, and that the defendants be restrained from selling intoxicating liquors, and be restrained from keeping intoxicating liquors with intent to…

Action to enforce a mechanic’s lien. Defendant ~W. E. Johnston entered into a contract with one J. T. Elliot for the erection by the latter of a dwelling-house and a barn on lands belonging to the former. Elliot contracted to furnish all material and perform all the labor necessary in the erection of said building. lie purchased certain material from plaintiffs to be used therein.

The defendant was indicted for cheating by false pretenses. A demurrer to the indictment was sustained as to one ground and overruled as to another. Defendant appeals from the judgment overruling the demurrer as to one ground.

Appeal from Garroll District Oourt. Action iu equity to correct certain alleged mistakes. There was a decree for the plaintiff. The defendants appeal.

Action for a divorce. After the case was partly prepared for trial the plaintiff filed a petition for temporary alimony, setting out that she had already been obliged to incur the expense of $52 in taking a deposition, and needed additional money to aid her in prosecuting her suit. She also showed that she and two small children were dependent upon her earnings for support, which were only $40 per month.

The defendant was indicted, tried, and convicted of grand larceny. From the judgment against him he now appeals to this court.

■ This action was commenced on the twenty-fourth day of July, 1884. A demurrer to the answer was overruled, and the plaintiff appeals.

Action to recover for lumber sold to the defendant Joseph M. Tramel, and to enforce a mechanic’s lien against the property of the defendant Cynthia E. Tramel. The court rendered judgment against Joseph M. Tramel, but denied the plaintiffs a lien. They appeal.

The indictment charges that “the defendant and John Hall, with their hands and deadly weapons, to-wit, a certain piece of wood, the particular description of which is to the grand jury unknown, and with certain revolvers 'which were then and there loaded and charged with powder and ball, and held in the hands of the said Grant Brown and John Hall, unlawfully, * * * and with malice aforethought, and with intent to kill and murder one W. W. Eller, did then and there make an…

Action to recover for personal injuries sustained by plaintiff while in the discharge of his duty as an employe of defendant, caused, as he alleges, by defendant’s negligence. There was j udgment upon a verdict for plaintiff. Defendant appeals.

This is an action to recover damages and the statutory-penalty upon the official bond of a constable for selling certain personal property of the plaintiff on execution without giving the notice of sale required by law. There was a trial to the court without a jury, and a judgment was rendered for the plaintiff. Defendants appeal.

Action to recover for certain cattle killed by a train upon defendant’s railroad, at a place where the right to, fence existed. There was a judgment upon a verdict for plaintiff. Defendant appeals.

Action to foreclose a mortgage executed to the plaintiff by the defendant Farwell. The defendants Potter, Olds and Curtis were made parties as claiming to have an interest in the mortgaged property, acquired subsequently to the mort gage.

These actions are submitted together as involving substantially the same question of law. They are actions in equity for admeasurement of dower. Held: nevertheless, that she was barred by the decree, and dismissed her petition. She appeals.

Action to recover damages because of au injury received by the plaintiff, caused by a defective county bridge. Trial by jury, and judgment for plaintiff. The defendant appeals.

Action at law upon a bond executed to a sheriff to indemnify him against any claimant of money in bis bands, collected upon execution, against damages which he might sustain by reason of the unlawful payment thereof to defendants, the principals in the bond. There was a trial to the| court without a jury, and a judgment for plaintiff', a claimant of the money. Defendants appeal.

One Schofield obtained a judgment, in a law action against' tlie plaintiff1, which is the property of the defendant. This is an action in equity to set aside and cancel such judgment. A demurrer to the petition was overruled, and the defendant appeals.

Action on a promissory note executed by defendant, N. J. Rhutasel. A writ of attachment ivas issued in the cause,- and was levied on certain personal property. William Trigg, as administrator of tlie estate of Lawrence Rhutasel, deceased,, filed a petition of intervention, in which be alleged a claim to the attached property under a chattel mortgage, executed by defendant, N. J. Rhutasel, to Lawrence Rhutasel to secure a promissory note for $588.

This is an appeal by plaintiff from the order of tbe circuit court sustaining a motion to vacate a temporary injunction, which had been issued on plaintiff’s petition, restraining the defendants Graham and The Elwood Manufacturing Company from selling certain personal property in a proceeding which they had instituted for the foreclosure of two chattel mortgages, which were executed by the defendant T. D. Rankin.

Appeal from JEardin Circuit Court This action involves the title to an uncompleted line of railroad located between Forest City, in Winnebago county, and Belmond, in Wright county. There was a demurrer to the answer, which was sustained, and defendants appeal.

This is an action by which the plaintiff seeks to recover damages for an alleged trespass upon certain lands. There was an answer and an amendment thereto in the nature of a cross petition in equity. A trial was had to the court, and a decree was entered for the defendant. Plaintiff appeals.

Plaintiff brought suit-to recover a balance of $136.80, which he alleged was due him for services rendered by him for defendant, and for expenses incurred by him while performing such services.

This is an action for the foreclosure of a mortgage upon certain real estate. It appears that the mortgage was given in part to secure the purchase money of the mortgaged property, which consisted of certain town lots, upon which there was a dwelling-house, barn and office. Both parties are physicians. As part of the consideration for said property the plaintiff undertook to transfer his medical practice to the defendant.

Appeal .from Pottawattamie Cwouit Court. Action to recover for an injury alleged to have been sustained by the overflow of water, caused by the raising of certain streets without providing sufficient means for the escape of the water. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

This is an action at law by which plaintiff seeks to recover of the defendant the contract price for certain railroad ties which he alleges he sold to the defendant. There was a trial by jury, and a verdict and judgment for the plaintiff'. Defendant appeals.

Appeal from Cerro Gordo District Court. The defendant filed a motion to correct tlie record, which was overruled, and he appeals.

Plaintiffs brought this action to recover the value of a threshing-machine, which they allege defendant agreed to .deliver to them as part payment for a machine which they sold and delivered to him.

This is an action for divorce upon the alleged ground that the defendant willfully deserted the plaintiff, and continued to absent herself from him, without any reasonable cause for the period of two years next preceding the commencement of the suit. There was an answer denying the alleged desertion, and a cross-bill for a divorce upon account of cruel and inhuman treatment.

Myles Collins died at the city of Des Moines ou tbe first day of November, 1880. He left surviving him three children, Myles H. and Lizzie Collins and Katie Toner. On the third of March preceding his death he executed a will, which was duly admitted to probate on the twenty-second of November, 1880. At the date of the execution of the will his children were all adults, and were unmarried.

Plaintiffs brought this action to quiet in each of them the title to one-sixth of a certain tract of land. They claim as heirs at law of Elizabeth Else, deceased, who was their mother, and they allege that defendant, who is their sister, claims the whole of the premises under a certain deed to which their mother’s name was signed before her death, and ■which has been placed of record since she died.

The parties are husband and wife. Plaintiff brought an action for divorce on the alleged grounds (1) of adultery by the wife, and (2) of cruel and inhuman treatment, endangering his life. Defendant answered denying the grounds of divorce alleged in the petition. She also filed a cross-petition in which she demanded a divorce from plaintiff on similiar grounds. The circuit court dismissed both petitions, and both parties appeal, plaintiff’s appeal being first perfected.

Action upon a policy of insurance against loss by lightning. The policy covered two horses, and while the same was in force one of the horses died, and the plaintiff alleges in his petition that it was killed by lightning. The defendant denied that it was killed by lightning, and denied that the plaintiff furnished the defendant with any proof of loss, and averred that the action was not brought within the time limited in the policy.

Action on a policy of insurance against loss or damage by fire and lightning. Trial by jury. Yerdict and judgment for the plaintiff. The defendant appeals.

<p>1. Replevin: election to take money judgment instead of property: right to damages for detention. Where the plaintiff in replevin prevails, but elects, under Code, § 3241, to take a money judgment for the value of the property instead of a judgment for the possession of the property itself, he does not thereby waive his right to damages for the wrongful detention of the property by defendant.</p>

This is an action in equity by which the plaintiff seeks to enjoin the defendants from interfering with the flow of an artesian well, the property of the plaintiff. There was a trial by the court, and a decree for the plaintiff. Defendants appeal.

• Plaintiff brought this action to recover the value of a horse on which he claims to have had a chattel mortgage, and which he alleges defendant caused to be levied on and sold on process issued in a proceeding against the mortgagor. There was a verdict and judgment for plaintiff. Defendant appeals.

Appeal from Buena Vista Circuit Court. This is an action had in the court below to set aside a judgment. It was there overruled, and plaintiff appeals.

Appeals f rom certain orders of the judge of the district coibH of the Eleventh Judicial District, made in vacation. The plaintiffs in each of these actions are citizens of Webster county. It is alleged in the petition in each case that the defendants therein are keeping and maintaining a public nuisance in the county by keeping and occupying a building and place in which they are engaged in selling intoxicating liquors contrary to law.

Action to recover for a personal injury which the plaintiff, Margaret Green, alleges that she sustained by reason of a defective sidewalk. She averred the negligence of the town in allowing the sidewalk to become defective, the knowledge of its officers that it had become defective, and her own freedom from contributory negligence. She did not, however, aver that she presented her claim, before bringing action, to the town council.

<p> Appeal from Marion Circuit Court. </p> <p>This action involves the title to a farm in Marion county. The plaintiff' claims to be the equitable owner of the land, and seeks to quiet his title as against all of the defendants, and to set aside and vacate a conveyance thereof made to the defendant Nathan- Collins. There was a decree for the plaintiff in the court below granting part of the relief he demanded, and the defendants appeal.</p>

<p>1. Estoppel: fraud between husband and wife in obtaining credit: incompetent evidence. A husband’s name was Martin 0., and his wife’s name was Maggie, 0., and they both did business under the name of M. O. An attachment against Martin was levied on a stock of goods claimed by Maggie, and she brought her action to recover the goods from the sheriff. Afterwards she assigned to plaintiff, who was substituted as a party to the action. The issue presented by the answer was that, because of the manner in which Maggie permitted the business tobe done, she was estopped from claiming the goods, although they in fact belonged to her; or, if such was not the issue, then that the manner in which the business was conducted constituted such afraud as entitled the creditors of Martin to seize the goods and subject them to the payment of bis debts. Held that under the issues, as thus stated, evidence of property statements signed by the husband, and furnished to creditors from whom he purchased goods, were not only irrelevant, but that, in the absence of evidence tending to show that the wife had any knowledge of the statements, or that the creditors supposed that they were made by her, or that they were selling goods to her, she could in no manner be bound thereby.</p> <p>2. Pleading: evidence. Only ultimate facts should be pleaded, and the pleading of evidence irrelevant to the real issues does not make such evidence admissible on the trial.</p>

<p> Appeal from, Woodbury District Gom't. </p> <p>These canses involve substantially the same questions, and they were tried and submitted in this court upon one set of abstracts and arguments, and they were argued orally as one case. The plaintiff and the several defendants present conflicting claims to certain lands in Woodbury county. The actions are in equity, and upon a final hearing in the district court a decree was entered dismissing the plaintiff’s petitions, and adjudging the title to the lands to be in the defendants, as prayed in their respective counter-claims. The plaintiff appeals. o</p>

<p> Appeal from Delaware Circuit Cov/rt. </p>

This is an action at law, in wliicb the plaintiff, as administrator of the estate of Joseph .Beems, deceased, seeks to recover damages of the defendant upon the alleged ground that the deceased, who was a brakeman in the employment of the defendant, came to his death by reason of the negligence of certain employes of the defendant in the management of an engine, while deceased was attempting to uncouple a car from the tank or tender of the engine.

This is an action in equity to cancel and set aside a deed to certain real estate executed by the sheriff of Cass county to the defendant Rotherham; also to cancel an assignment by the defendant Cass county to said Rotherham of the certificate of sale under which said deed was executed, and to establish the validity of a redemption of the premises from the sale by plaintiff. The judgment of the district-court was for plaintiff. Defendants appeal.

The plaintiff is the head of a family, and he claims in this action that in February, 1884, he was by occupation a farmer, and that the defendant, who is sheriff of Worth county, levied an attachment and an execution upon a horse, a wagon and harness, the property of the plaintiff, and which were exempt from execution. He brought this action in the form of an action of replevin. The property was not delivered to the plaintiff, but was sold at sheriff’s sale by the defendant.

This was an action upon a written instrument by which the defendant contracted to pay the plaintiff the sum of $30, in consideration that the plaintiff would lay off and plat a town-site at his own expense, and procure from the Wabash, St. Louis & Pacific Railroad Company a side track on said town-site, and the location of a grain elevator. There was a trial by jury, and verdict for the plaintiff. Defendant appeals.

The plaintiff claims to be the owner of lots 1, 2,, 9 and 10, in block 55, -in the town of Emmetsburg. Tlie defendants Hancock & Co. own a judgment againt one Cummins, which is claimed to be a lien on said lots. The court found for the defendants as to lot 2, and for the plaintiff as to the other lots, and a decree was accordingly-entered. Both parties appeal. The defendants, however, took the first appeal, and therefore are regarded as the appellants.

On tlie petition of tbe defendants in certain criminal cases, in which the indictments were found in Pottawattamie county, changes of venue were granted, and the causes were removed to Carroll county, were the defendants were convicted of tlie offenses of wbicb they were accused, and were each sentenced to pay a fine and tbe costs of tbe proceeding. Tlie fines imposed in the several causes amounted in tbe aggregate to $750.

<p> Appeal from Humboldt District Oourt. </p> <p>Action at law. Judgment for the plaintiff, and the defendant appeals.</p>

H. C. Traverse, Judge of the Circuit Court of the Second Judicial District. This is a proceeding by habeas corpus to determine the claims of the parties to the custody of the minor plaintiff. Upon the hearing, the circuit judge held that defendant was in law entitled to the custody of the minor, and so ordered. The order was made of record in the circuit court of Davis county. Plaintiff, the guardian and next friend of the minor, appeals.

Action to recover the value of certain personal property, Plaintiff alleges that he gave defendant a chattel mortgage on said property to secure a promissory note for $1,100, and that, default having been made in the payment of said note, defendant placed the mortgage in the hands of the sheriff of Lee county for foreclosure, who took possession of the mortgaged property thereunder, and that defendant, after liavi ng caused the property to be seized by the sheriff,…

Appeal from Kossuth District Court. The defendants were tried and convicted upon an indictment for an assault with intent to maim, and they appeal.

The object of the action is to restrain by injunction the defendants from cutting and removing timber growing on land owned by the plaintiff. An injunction was issued, 'which, at the hearing, was dissolved, and the plaintiff appeals

Action to enjoin the enforcement of a- judgment rendered by a justice of the peace and to declare it void. A demurrer' to the answer of defendants was sustained; and, as they stood upon their pleadings and refused to answer further, judgment was entered against them, from which they appeal.

Action upon a promissory note executed to the plaintiff by one I. R. Atlee and signed by the defendant as surety.

Appeal' from Buena Vista Circuit Court. Tiie plaintiffs commenced an action against the defendant T. J. Harwich. An amendment to the petition was after-wards filed making the other defendants parties. A motion to strike the amendment from the files was sustained. Plaintiffs appeal.

They are each in chancery, and together involve the title of certain real estate. There was a decree in the court below in favor of the defendants, or some of them, which set aside and declared void for fraud a deed upon which plaintiff bases his right to the land. He now appeals to this court. The facts of the case, so far as it is necessary to state them in order to understand the points in issue and decided upon this appeal, appear in the opinion of the court.

Action upon a policy of insurance. The cause was tried to the court without a jury, and judgment was rendered for plaintiff. Defendant appeals.

Ti-ib petition in this case sets forth two causes of action, one for false imprisonment, the other for malicious prosecution. In addition to general denials of the averments of the petition, the answer avers that defendant was the marshal of the city of Boone, and acted as such in making the arrest, and in instituting the proceedings of which plaintiff complains The answer also pleads justification of tiré acts of the defendant.

A judgment by default having been rendered in a foreclosure proceeding against defendant and others, he made a motion to set aside the judgment and for permission to defend, which was overruled. From the order overruling the motion the defendant appeals.

Appeal from Adams Girouit Court. Defendants filed a motion in arrest of judgment and for a new trial, which was overruled, and they appeal.

The plaintiff brought this action to recover damages for a personal injury, which she alleged she received by falling upon a defective sidewalk in the town of Shenandoah. There was a trial by jury, and a verdict and judgment for the plaintiff.. Defendant appeals.

The plaintiff is the owner of two lots in the town of Osceola, upon which his dwelling-house and out-buildings are situated. There is a street in front of his lots, and an alley in the rear, which is about twenty feet wide. The defendant constructed its railroad along the alley, and laid down two railroad tracks therein, so that the plaintiff was prevented from having access to his barn by way of the alley.

Action to recover under tlie statute double the value of a cow killed by a train upon defendant’s road. There was a judgment upon a verdict for plaintiff, Defendant appeals.

Plaintiff brought this action in equity, to quiet in him the title to certain real estate. Defendant answers, denying plaintiff’s claim, and in a cross-petition he asked that the conveyance under which plaintiff claimed to own the premises be canceled and set aside, and that his title to the property be quieted. The cause was sent to a referee, who heard the evidence, and reported that the equities of the case were with plaintiff.

<p>Appeal from Harrison District Court.</p>

This is an action in equity to recover the purchase money of certain real estate alleged to have been conveyed by the plaintiff to the defendant, and to establish and enforce a vendor’s lien upon the same. There was a decree in the court below for the plaintiff. Defendants appeal.

Action in equity to cancel a deed purporting- to be made' to the defendant Simpson, but alleged to have been forged; and also to set aside two other deeds made by Simpson, one of them to the defendant Tiele, and one to the defendant Wiles. The defendants were served by publication only. No appearance was made, and decree was taken against them by default. Afterwards, and within two years, they appeared, and moved for a retrial.

Plaintiff brought this action to recover the value of a buggy and a pair of buggy shafts, which he alleges the defendants wrongfully and maliciously took from his possession and converted to their own use. lie alleges that he had a special property in the buggy, and that he was entitled to the present possession of it, and that he was the absolute owner of the shafts.

Afjjeal from Lucas District Gou/rt. The plaintiff seeks to recover of the defendant the sum of $550 which it advanced upon a bill of lading issued by the defendant upon the shipment of certain walnut lumber, and which bill of lading was assigned to the plaintiff.

It is alleged in the first count of the petition that defendants were the proprietors of a place of public amusement in the city of Cedar Rapids,, known as a skating rink, and that plaintiff, at a time when said rink was open to the public, applied to them for admission thereto, but that they wrongfully, maliciously and insolently, and without any cause except that he is a colored man, refused to admit him to said rink.

These causes present tlie same questions, and have been submitted together, and will be disposed of in a single opinion. The first case is an appeal from Lucas district court. The other, from Union district court; The facts are stated in the opinion.

The plaintiff commenced an action of forcible entry and detainer against the defendant before .a justice of the peace. The defendant did not appear at the time fixed in the original notice. A default was entered, and, after hearing the proofs, a judgment was entered for the plaintiff. Two days after-wards the defendant filed a motion “to vacate the judgment and dismiss the complaint.” The motion was overruled on the' same day.

The plaintiff, who was a train conductor on defendant’s railroad, claims damages for a personal injury which he alleges he received by reason of the negligence of the defendant in failing to surface up and fill in earth between the ties uj>on which the iron rails of the track were laid. Theve was a trial by jury. Yerdict and judgment for plaintiff. Defendant appeals.

Action in chancery to foreclose a mechanic’s lien for work done in erecting a building. There was a decree for defendant. Plaintiff appeals.

<p>1. Division Fence: not on true division line: obligation to maintain. If parties use a fence as a partition between their farms, it is wholly immaterial whether it is on the exact boundary line or not, so far as the obligation to maintain the fence or contribute to its construction is concerned.</p>

<p>1. Habeas Corpus: matters not reviewed by. Habeas corpus cannot be invoked for the purpose of obtaining relief for mere errors and irregularities of a court in a criminal trial, nor for the purpose of determining whether the offense for which the plaintiff is imprisoned is a crime under the statute, nor for the purpose of correcting an erroneous taxation of costs.</p>

<p>1. Partnership: power to sell Finir property. One partner does does not have the power to sell the entire property of the firm without the knowledge and consent of his partner, who, though absent, might easily be consulted by mail or telegraph, and a sale so made will be set aside in equity where the purchaser knew the facts at the time of purchasing.</p>

<p> Appeal from Hardin District Court. </p> <p>Dependant was convicted of burglary, and now appeals to tliis court.</p>

Action in chancery to enforce the specific performance of a contract for tbe sale and conveyance of land. The reliel prayed for in the petition was denied by the decree of thu court below. Plaintiff appeals.

<p> Appeal from Hardin District Court. </p> <p>The defendant was tried, convicted, and sentenced to imprisonment in the penitentiary, for the crime of larceny from a building in the night-time, and he appeals.</p>

<p>1. Railroads: damasks for right of way: evidence on appeal FROM AWARD: OPINION OF OWNER AS TO USE OF PROPERTY. “Where the owner of land taken for railway purposes had testified to the value of the tract before and after the right of way had been appropriated, it was proper to allow him to show the basis of his estimate by testifying further that the property, before the appropriation, was adapted to residence purposes, but that it was not so adapted afterwards.</p> <p>2. -: -: ROAD-BED PARTLY IN STREET AND PARTLY ON plaintiff’s land. Where the bed of defendant’s railway was partly on plain (iff’s land, and partly on the city street adjacent to the land, plaintiff was entitled, in the proceeding to assess his damages, to be compensated, not only for the appropriation of the portion of his land taken for the right of way, but also for the injury he would sustain on account of the laying down of' the railroad track in the street on which his property abutted — under Code, § 464.</p> <p>3. -: -: conflicting evidence: verdict not disturbed. Since the evidence was conflicting as to the amount of plaintiff’s damages, the verdict cannot be disturbed on appeal on the ground that the award was excessive.</p> <p>4. Instructions: repetition not necessary. It is not error to refuse to give instructions asked when the points thereof are fully covered by instructions given.</p>

<p>1. Promissory Note: combined with chattel mortgage: negotiability. Where a promissory note, negotiable in itself, was given in the purchase of a certain chattel, and coupled with the note, in the same instrument, was a mortgage upon the chattel to secure the note, and under the mortgage, as properly construed, (see next head note,) the mortgagee was entitled to take possession of the chattel whenever he might feel insecure, but not to sell it in payment, or part payment, of the note until after the maturity of the note, held that the instrument was negotiable, since the debt evidenced thereby was not subject to be diminished before its maturity. Smith v. Marland, 59 Iowa, 645, distinguished.</p> <p>2. Chattel Mortgage: right to seize and sell property before maturity of debt: terms construed. The chattel mortgage in question contained the following provision: “Whenever the holder hereof may deem himself insecure, then he may take said property (the mortgaged property) by virtue of this mortgage, and sell the same at public auction, * * * and the proceeds of said sale to be applied on said note,” (the note secured by the mortgage); but preceding this provision was the following: “If this note and mortgage shall be paid on or before the maturity thereof, then this mortgage to be void.” Held that, construing both provisions together, the mortgagee might seize the property whenever he felt himself insecure, but that he could not sell it till after the maturity of the debt.</p>

<p>1. Instructions: as to immaterial defenses: refusal to give is not error: example. Refusing to give instructions with reference to immaterial questions, or matters which are pleaded by way of defense, hut which do not constitute a defense in law, is not prejudicial to the party who seeks to raise the immaterial questions, or who has pleaded the incompetent matter, and is no ground for reversal. For illustration see opinion.</p> <p>2. Contract: for commissions of sewing-machine agent: abrogation BY SUPPLEMENTARY CONTRACT: CONSTRUCTION: SEE OPINION FOR FACTS.</p> <p>3.Instructions: submitting irrelevant issue without evidence: error without prejudice. Submitting to the jury a question on which there was no evidence was error, but where the effect of such error was to require plaintiff to prove an allegation not necessary to his recovery, and the jury yet found for plaintiff, held that the error in giving the instruction was without prejudice to defendant, and was no ground for reversal.</p>

<p> Appeal from Marion District Court. </p> <p>J". Oppenheimer made an assignment for the benefit of his creditors, and the appellants, having filed claims against the estate, asked an order directing the assignee to pay such claims. The relief asked was denied, and plaintiffs appeal.</p>

The defendants were convicted of the larceny of two pairs of harness and a robe, and one pair of fly-nets, and one celluloid ring, and were each sentenced to a term of imprisonment in the penitentiary, and from this judgment they appeal.

Both parties are attorneys at law, and this action was brought to recover for professional services performed by the plaintiff for the defendant, and for personal property sold. Several defenses were pleaded, which are sufficiently referred to in the opinion. Trial by jury. Yerdict and judgment ifbr the plaintiff, and defendant appeals.

Action in chancery to enforce a vendor’s lien. There was a decree in the district court granting the relief prayed for in the petition. Defendant appeals.

This is an action on account for labor performed by plaintiff for defendant, for merchandise furnished him, and for money paid out for his use and benefit. There was a verdict and judgment for jfiaintiff. Defendant appeals.

<p>1. Tax Sale and Deed: defective proof of service of notice to redeem: proof and deed not void: statute of limitations. Where notice of the expiration of the time of redemption from a tax sale was duly given, but the proof of the service of the notice, though made by the proper party, was defective only in not stating some of the facts required by the statute, held that the proof of service and the deed issued thereon were not void, but were sufficient, after the lapse of five years, to enable the holder of the deed successfully to plead the statute of limitations (Code, § 902) against the holder of the patent title in an action to recover the land.</p> <p>Reed and Adams J. J., dissenting.</p>

This is a controversy involving the rights of the parties to the proceeds of the sale of a stock of goods of an insolvent mercantile partnership. The parties claiming said proceeds are P. IL Watters and Louisa Watters, mortgagees of the goods, upon one side, and a number of the general creditors of the firm, who claim that the mortgage is fraudulent and void as to them. The cause was tried as an action in equity, and there was a decree against the mortgagees, and they appeal.

Action at law to recover the possession of real estate. Trial to tbe court. Judgment for the plaintiff, and defendant appeals.

The defendants are husband and wife. The plaintiff seeks by this action to charge the property of the wife with the purchase price of certain lumber used in the construction of a dwelling-house for the defendants, upon the ground that the lumber was a necessary family expense.

Action to recover the price of- a cow alleged to have been sold and delivered by the plaintiff to the defendant. There was a trial to a jury, and verdict and judgment were rendered for plaintiff. The defendant appeals.

The defendants were jointly indicted and convicted for maintaining a nuisance by keeping a place for the sale of intoxicating liquors, contrary to law. They now appeal to this court.

Certiorari. This is an original proceeding in this court to review an order made by the Hon. E. L. Burton, judge of the district court of the Second judicial district.

<p>1. Practice in Supreme Court: equity case: evident mistake IN PLEADING: CAUSE REVERSED AND REMANDED WITH LEAVE TO amend. Ordinarily this court has no power to remand an equity case triable de novo, but must try and determine it on the i-ecord presented; but there are exceptions to the rule, and it has been held that the power to remand exists when it is necessary for the purpose of effectuating justice. (See cases cited.) And in this case, where there was an evident mistake in the pleadings, which was not discovered until after the appeal, on account of which a judgment rendered upon the record would be unjust, held, that the cause should be remanded with leave to the parties to replead, and to introduce such further evidence as they might desire.</p>

<p> Appeal from Winneshielt ' District Court. </p> <p>Action for damages alleged to liave been sustained by the negligence of the company in the transmission of a telegram. There was a trial to the court, and judgment was rendered for the plaintiff. The defendant appeals.</p>

Action in equity to set aside a judgment obtained by tbe defendant William H. Bowe against the defendant L. H. Gibbs. There was a decree for the plaintiff. Tbe defendant Bowe appeals. '

The defendant was indicted for keeping, in a certain building, intoxicating liquors, with intent to sell the same in the building in violation of law. There was a verdict of guilty, and judgment was rendered upon the verdict. The defendant appeals.

The defendant was convicted in the district court of the larceny of two horses, and sentenced to a term of imprisonment in the penitentiary. From this judgment he appeals.

Appellant was garnished on an execution issued on a judgment in favor of plaintiff and against one Edsom Pennell. He answered denying that he was in any manner indebted to Pennell, or that he had any property in his possession belonging to him. Plaintiff filed a pleading controverting this answer. The case was then sent to a referee for trial, and judgment was rendered against the garnishee on the the report of the refer'ee. The garnishee appeals.

Action to recover on account of taxes paid by plaintiff upon certain lands claimed by him, the title to which, in an action between the parties, was adjudged to be in defendant. Plaintiff asks that a lien for the amount paid by him be established upon the lands. Both parties appeal.

Action in chancery to recover for certain taxes paid by plaintiff’s assignor upon lands, the title whereof was in the defendants or their grantors, and to enforce a lien upon the lands for the amount of the taxes paid. The relief prayed for by the plaintiff was granted by the decree of the circuit court, from which defendants appeal.

Action in chancery to recover for taxes paid by plaintiff upon certain lands owned by defendant, and to enforce a lien thereon for the amount so paid. A decree was rendered by the district court granting the relief sought by plaintiff. Defendant appeals.

Action for the recovery of specific personal property. On the ninth day of January, 1884, one George R. Davis executed and delivered to plaintiff an instrument which purports to be a general assignment of all his property for the benefit of his creditors. This instrument was filed for record on the day of its execution, and on the eighteenth of the same mouth plaintiff filed his bond as assignee.

Plaintiff is the owner of a judgment for $1,352.98 and costs, obtained by the First National Rank of Osceola against the defendants Edson Pennell and O. G-. Pennell.

Appeal from Pottawattamie Circuit Court. Action to foreclose a mortgage. There was a decree for the plaintiff, and the defendant Beno appeals.

Action to foreclose a mortgage. A demurrer to the petition, on the ground that it does not show that the debt secured by the mortgage is due, was sustained. Plaintiff appeals.

This is an action to enforce the specific performance of an alleged contract for the purchase of certain real estate, or for the recovery of damages for failure to perform, if it be found that the title of the property cannot be conveyed to the plaintiff. The cause being in equity, a trial was had to the court, and a decree was entered for the defendants. Plaintiff appeals.

Action- to recover a special tax assessed for macadamizing a street. There was a judgment in the circuit court for plaintiff. Defendant appeals. The facts of the case appear in the opinion.

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

Afjpeal from Pottawattamie District Court. Plaintiff brought this action against the defendant to recover damages for an alleged assault and battery. By the original notice defendant was cited to appear and defend before noon of the first day of the next term of the district court. On the first day of the term counsel entered an appearance for defendant, and announced that he would file au answer in the cause on the next morning.

This is a controversy involving the ownership of two colts. The form of the action is replevin. There was a trial by .jury, and a verdict and judgment for the defendants. Plaintiff appeals.

These cases involve claims for reimbursement for taxes paid upon certain lands in Webster county. There were judgments for' the plaintiff, and the defendants appeal.

This is an action upon two county warrants drawn by the auditor of the county upon the treasurer. There was a demurrer to the petition, which was sustained, and plaintiff appeals.

This is au action in chancery to quiet the title to lands. The facts involved in the question ruled by the district court appear in the opinion. Plaintiff appeals.

These causes involve the same questions, were submitted on the same abstract, and will be disposed of in one opinion. Plaintiff is a citizen and a resident of Des Moines county, and defendants are the members of the board of supervisors of said county. George Bandleon and John Kneuzler made application to the board of supervisors for permits to manufacture, buy and sell intoxicating liquors in said county.

Action in equity, in which an injunction was asked and, obtained. Certain motions made by the defendant were overruled and he appeals.

Action to recover for refusal of defendant to transport corn for plaintiff, and for failure of defendant to transport corn with promptness, by reason whereof it sustained injury. There was a verdict and judgment for plaintiff. Defendant appeals. _

<p> Appeal from Gerro Gordo District Gov/rt. </p> <p>Action in equity. Judgment for the plaintiff, and defendants appeal.</p>

Tiie plaintiffs are creditors of the defendant Lagerquist, and, as such, they bring this action to set aside a bill of sale of a stock of goods, made by Lagerquist to the defendant Lynd. The court dismissed the plaintiff’s petition, aiid they appeal.

Action in equity to enjoin defendant from selling a tract of land on execution issued on a judgment against one M. L. Rice, and from enforcing said judgment against said land. A temporary injunction was issued as prayed for in the petition, and on the final hearing of the cause the order was made perpetual. Defendant appeals.

Action to enjoin the collection of taxes voted in aid of the Cedar Rapids, Iowa Falls & Northwestern Railroad Company. A part of the relief asked by the plaintiff was refused, and both parties appeal, but the plaintiff under the statute must be regarded as the appellant.

Action on a promissory note. There was a trial to the court, and judgment was entered for defendants. Plaintiffs appeal.

The plaintiff seeks to recover damages of the defendants for the value of a mare which he alleges was killed by the negligence of the defendants. The defendants were the owners and keepers of a stallion, and the plaintiff contracted with them to serve said mare with said stallion,'and plaintiff alleges that in attempting to do so the defendants negligently allowed said stallion to improperly enter said mare, by reason of which she was so injured that she died soon afterward.

Action upon a policy of insurance, commenced before a ' justice of the peace. The suit was dismissed because it was ■ not brought in the county where the defendant actually resided. The judgment of the justice was affirmed by the circuit court, and the plaintiff appeals.