Volume 70 — Iowa Reports

AotioN in chancery to enforce the specific performance of a contract to convey land. There was a deer ee granting the prayer of the petition. Defendant appeals.

Aotion for money bad and received. The plaintiff sued tlie defendant upon an itemized account in wliicb it claimed that, after allowing alL proper credits, there was due it a balance from the defendants.

Appeal from Dallas Circuit Court. AotioN on a promissory note. A demurrer to tbe second count in tbe answer was sustained, and tbe defendant appeals.

AotioN for damages alleged to have been sustained by reason of tbe wrongful levy of an execution upon a stock of goods. Tbe court, on motion of tbe defendants, dismissed the case. Afterwards tbe plaintiff moved to set aside the order of dismissal, and allow her to file an amended petition. Tbe court overruled tbe motion, and from tbe • order overruling tbe motion tbe plaintiff appeals.

AgtioN in equity to set aside a deed conveying certain real estate. There was a reference, and the referee made a finding of facts, which he reported to the court, together with his conclusions of law. The defendants filed a motion to confirm the report, and the plaintiff to set it aside on the ground that his finding of facts and conclusions of law were erroneous. The former motion was sustained, and the latter overruled.

<p> Appeal from Polls Circuit Court. </p> <p>AotioN at law. Trial by the jury. Judgment for the plaintiff, and defendant appeals.</p>

Aotion upon a bond executed to tbe plaintiff by the defendant, A. P. Lee, as principal, and Christian Miller, as surety. There was a trial to the court without a jury, and ¡judgment was rendered for the plaintiff. The defendant Miller appeals.

ActioN at law for tbe recovery of an alleged balance collected by defendant on a promissory note indorsed to him by plaintiff’s assignor as collateral security. The circuit court sustained a demurrer to the petition, and, plaintiff refusing to amend, judgment was entered against him, and he appeals.

PLAINTIFF in tills action asks to be permitted to redeem from a sheriff’s sale. By the decree of the circuit court he is permitted to redeem upon the payment of an amount specified to a judgment creditor, in addition to the sum for which the land was sold; such creditor having redeemed from the sale under his judgment. Both parties appeal. The plaintiff, having first perfected his appeal, is designated as the appellant.

■ This is an action in equity on three promissory notes executed by the defendants Wright and Bennett, and to enforce a vendor’s lien on certain personal property. Judgment was rendered in the district court in favor of plaintiffs, against the makers of said notes, for the amount thereof; but they were denied any relief against defendant Schaller or the property, and they appealed.

Appeal from Marshall Circuit Cotwt. AotioN to recover specific personal property. Trial by j ury. Judgment for the plaintiff, and defendants appeal.

This is a proceeding under chapter 8 of the Acts of the Fifteenth General Assembly, for the permanent survey of certain lands. The court below approved tbe repoi't of the commissioner appointed pursuant to tbe statute; and established tbe boundaries and corners as reported by bim. The defendants appeal.

Aotion at law to -recover the reasonable value of work and labor performed by the plaintiff for the defendant. Trial by jury. Judgment for plaintiff, and defendant-appeals.

TTpon an information filed before a justice of tbe peace, defendant was convicted of carrying upon bis person a concealed weapon, a revolver, and fined in tbe sum of $100. Upob an appeal to tbe district court be was again convicted, and fined in tbe sum of $50. He appeals to tbis court.

'Appeal from, Appanoose District Court. Aotion for an alleged malicious assault and battery. There was a verdict and judgment for plaintiff. Defendant appeals.

This cause was before tbe court at a former term, and will be found reported in 68 Iowa, 302, to which reference is made as to the grounds upon which a recovery is asked. Trial by jury. Judgment for the plaintiff, and the defendant appeals.

Action upon a promissory note executed by the defendant, Eankin, to tlie intervenor, Hillman, anti transferred by the latter to tlie plaintiff. Eankin, the maker of the note, pleaded that it had been paid. Hillman, the payee, intervened, pleading that the note had been paid to him. The plaintiff filed what is denominated an amended and substituted answer and cross-petition to the petition of intervention. The intervenor demurred to the same, and the demurrer was overruled.

Plaintiff instituted an action before a justice of the peace for the recovery of damages on account of the willful and malicious billing of five turkeys by defendant’s employes while engaged in the operation of one of its trains. He alleged that the value of said turkeys was five dollars; hut, in addition to the actual damages sustained hy him, he claimed nineteen dollars as exemplary damages.

•The plaintiff'is a judgment creditor of the defendant, M. P. McGuire. . He brings this action to subject to the payment of his judgment the interest which it is alleged that the defendant acquired as widow of Patrick McGuire.

Aotion to recover damages for trespass committed upon plaintiffs’ land by defendant. There was a verdict for plaintiffs, which, upon motion, the court set aside, and rendered a judgment dismissing plaintiffs’ action, and for costs. Plaintiffs appeal.

<p> Appeal from Dallas GirovAt Court. </p> <p>Notion upon promissory notes. There was a judgment upon a verdict for defendant. Plaintiffs appeal.</p>

AotioN for damages alleged to have been sustained by reason of tlie breaeb of an agreement. There was a trial to a jury, and verdict and judgment were rendered for the defendant. The plaintiffs appeal.

AotioN in chancery, in the nature of a creditors’ bill, to subject certain real estate to a judgment in favor of plaintiff. The petition of plaintiff was dismissed, and a decree upon a cross-petition entered, quieting the title of the real estate in defendants. Plaintiff appeals.

The defendants constitute the township board of equalization. From the decision of such board the plaintiff appealed to the circuit court, and asked that the assessment for the purpose of taxation of certain described real estate belonging to him be reduced to two dollars per acre, or that the valuation of improved real estate be increased, so as to equalize the burdens of taxation. The court denied the relief asked, and the plaintiff appealed to this court. •

<p> Appeal from Sae District Court. </p> <p>AotioN upon a policy of insurance. There was a judgment upon a verdict for plaintiff. Defendant appeals.</p>

AotioN on a promissory note executed by the defendant M. N. Oole, and for the foreclosure of a mortgage given by her for the security of said note. A. L. Bowers, a subsequent purchaser of the property covered by the mortgage, was joined as defendant. The Coles make no appearance, and judgment was rendered against them by default.

<p> Appeal from Palo Alto Girouit Court. </p> <p>AotioN at law. Trial by jury. Judgment for tbe plaintiff, and defendants appeal.</p>

AotioN for a mandamus to compel the defendants, as directors of the district township of Swan Lake, to provide school privileges for the plaintiff’s children. There was a demurrer to the plaintiff’s petition, and the demurrer was sustained. The plaintiff elected to stand upon his petition, and judgment was rendered against him for costs.

Appeal^from Decatwr District Court. ActioN for an injunction restraining the assignee from proceeding under an assignment for the benefit of creditors, and for the appointment of a receiver. An injunction was granted as prayed for, and a receiver appointed. • The defendants answered, and filed a motion to dissolve the injunction and to remove the receiver. The motion was overruled, and the defendants appeal from the order overruling the motion.

ActioN to recover damages for inj uries sustained by reason of the construction by defendant of side tracks of its railroad upon portions of a street whereon plaintiff’s lots abut, upon which its manufactory is situated. A demurrer to the answer of defendant was sustained, and from this judgment it appeals.

AotioN IN CHANCERY. The cause was sent to a referee, and, upon bis report, a decree was bad for plaintiffs, defendants appeal.

AotioN in equity to compel the specific performance of a contract for the conveyance of certain land. The abstract shows that a decree was rendered in favor of the plaintiff’, and against the defendant Devereaux, for a conveyance of the land. A paper, however, purporting to be a certified transcript of the decree, has been put into our hands, showing that it had been made to appear to the court that the original plaintiff, David Yeeder, had died, and Frank IT.

AotioN for damages alleged to bave been sustained by taking and carrying away a stock of goods belonging to the plaintiff. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendants appeal.

ActioN to foreclose a mortgage. The Green Bay Lumber Company was made defendant, as claiming a lien upon the land.

ActioN on a promissory note executed by tbe defendant Moser, payable to tbe plaintiff. The defendant indorsed tbe note by writing bis name across tbe back of it, thereby becoming a statutory guarantor, and, as such, a recovery was asked against him. Trial by jury, and judgment for tbe plaintiff, and tbe defendant Eath alone appeals.

ActioN to recover for the wrongful taking and conversion of a horse. The case was dismissed as to B. D. Buford & Co., and prosecuted against the other defendant alone, and a judgment upon a verdict was rendered against him, from which he appeals to this court.

The plaintiff is tlie administratrix of' tlie estate of her deceased husband, and seeks' in this' action to recover damages sustained, caused by the negligence of the defendant, whereby her husband was injured, by reason of which injury he subsequently died. Trial by jury. Judgment for the defendant, and plaintiff appeals.

PlaiNTIfe brought this action to quiet in him the title to certain real estate in the city of Cedar Rapids. The district court entered judgment, granting to plaintiff the relief demanded. The material facts are stated in the petition. Defendants appeal.

ActioN to recover for an injury alleged to have been sustained by the back flowage of water caused by the erection of a dam. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff against the defendant, the Ottumwa Hydraulic Power Company, and the company appeals.

Appeals from. Decatur District Court. Aotions to set aside certain tax deeds, and to redeem from the tax sales. There was a decree for the plaintiff, and the defendants appeal.

Indictment for obtaining money under false pretenses. Trial by jury, who, under the direction of the court, found the defendant not guilty, and the state appeals.

Appeal from, Audvhon District Court. Indictment for Murder. There was a verdict of murder in the second degree, judgment, and the defendant appeals.

Appeals from Harrison District Gowt. INDICTMENTS for nuisance in selling intoxicating liquors. Judgment against defendants, who appeal. These cases are presented upon records alike in every particular. The defendants were each severally indicted for maintaining a nuisance by keeping a place for the sale of, and for selling therein, unlawfully, intoxicating liquors.

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

Appeal from an order of the Hon. John Chaney, Judge of the Circtdt Court of the Third Judicial District The facts of the case are stated in the opinion.

Action under the provision of chapter 133 of the Laws of the Twentieth General Assembly to enforce an order of the railroad commissioners. The defendants demurred to the petition. The demurrer was sustained, and the state appeals.

Action to recover for injuries to plaintiff’s real estate by reason of trespasses committed by defendant thereon. There was a judgment upon a verdict for plaintiff. Defendant appeals.

<p> Appeal from Des Moines Circuit Court. </p> <p>AotioN IN equity. From an order allowing a temporary injunction the defendants appeal.</p>

0ns Margaret J. Talbot filed a complaint in tbe district court, charging that defendant was tbe father of an illegitimate child, of which the complainant was the mother.

INDICTMENT for robbery. The defendant' was convicted of the crime of robbery, and sentenced to a term of imprisonment in tbe penitentiary, and from that judgment lie appeals.

The defendant was indicted for tbe crime of embezzlement. From a judgment that he be imprisoned for a term in the penitentiary he appeals to this court.

Appeal from Lee Circuit Court. AotioN in equity for the partition of real estate. E. J. Dickinson was one of tbe defendants, and she alone appeals.

ActioN to recover for two mules alleged to have been killed by one of tlie defendant’s trains. There was a trial to a jury, and verdict and judgment were rendered for tbe plaintiff. The defendant appeals.

The defendant was indicted for tbe crime of obtaining money under false pretenses. There was a trial to a jury, and verdict and judgment were rendered for the defendant. The state appeals.

Notion to recover damages for personal injuries sustained by plaintiff from falling into a cellar-way constructed in the sidewalk of one of the principal business streets of defendant. The cause was tried to a jury, and a judgment upon a verdict for plaintiff was had. Defendant appeals.

The defendant was tried and convicted of tbe' crime of murder in the first degree, and sentenced to the penitentiary for life. He appeals.

Action on the official bond of tbe defendant Welsing, as county treasurer. Judgment for the plaintiff, and the defendants, who are sureties on the bond, appeal.

The plaintiffs aver that they are tax-payers of Adams county, and, as such, they bring this action to cancel a contract entered into between the county and the defendant Cruzen, wliieli they allege to be ultra vires, and to restrain tbe defendant Hunter, as treasurer of the county, from paying certain warrants issued under the contract. The court rendered a decree granting the relief prayed, and the defendants appeal.

The plaintiff presented to the court below an accusation, verified by his own oath, charging defendant, who is an attorney at law, and a member of the bar of the state, with certain crimes and breaches of professional duty, and asking that an attorney of the court, or a committee of attorneys, be appointed, to present to the court charges and specifications against defendant, based upon the accusation, with a view to his final disbarment.

AotioN in chancery to set aside a deed of assignment, and to enable tlie assignee to execute the trusts therein prescribed, both conveyances being executed by Church to defendant Smith. A default was entered as to Church. Smith answered, and a demurrer to his answer was sustained. lie now appeals to this court.

The defendant was indicted for tbe murder of one Mund-brood. He was convicted of tbe crime of manslaughter, and lie appeals.

The defendant was indicted and tried jointly witb one James MeCunniff for an assault witb intent to commit murder. There was a verdict of guilty of an assault witb intent to commit voluntary manslaughter. A motion for a new trial was sustained as to James McOunniff, and overruled as to Frank MeCunniff, and be appeals.

AotioN on three promissory notes, and for the foreclosure of a mortgage given to secure the same. The notes and mortgage sued on were executed by the defendants T. S. Thorp and Amanda J\ Thorp, and were given to James S. Lombard.

Aotiok at law. Trial by jury. Judgment for the plaintiff, and defendant appeals.

Appeal from the Superior Goibrt of Greston. ActioN to enforce a mechanic’s lien. There was á decree for plaintiffs. The defendant the Loan & Trust Company alone appeals.

Appeal from Harrison District Court. The defendant was indicted, tried and convicted of tbe tbe crime of bigamy, and be appeals.

<p> Appeal from Sioux Circuit Court </p> <p>ActioN to restrain the defendants from issuing certain bonds of the independent district of Calliope. A demurrer to the petition was sustained. Plaintiff appeals.</p>

<p> Apjpeal from, Cherokee District Court. </p> <p>AotioN to recover for a personal injury. There was a trial to a jury, and verdict was rendered in favor of the plaintiff for $10,000. The court below, believing that the verdict was excessive, gave the plaintiff his option to acce]it a judgment of $6,000 or take a new trial. The plaintiff having elected to take a judgment of $6,000, such judgment was rendered, and the defendant appeals.</p>

AotioN on a policy of insurance against loss or damage by fire. The defenses pleaded and relied on are sufficiently referred to in the opinion. Trial by jury. Judgment for plaintiff, and defendant appeals.

ActioN to replevy two cows, a heifer and a bull, alleged to be the property of the plaintiff, but wrongfully taken on execution as tbe property of one J. EL Eicbey, to satisfy a judgment against him in favor of tbe defendant’s intestate, one A. B. Eisber, deceased. There was a trial to a jury, and verdict and j udgment were rendered for tbe defendant. Tbe plaintiff appeals.

Aotioh in chancery to set aside for fraud certain patents issued by the state for school lands, and to declare void a compromise made by the supervisors of Poweshiek county with defendant Buttles of certain indebtedness for school lands purchased by him, whereby the county agreed to receive less than the full amount of the indebtedness; and for a a judgment against Buttles for the amount due upon his purchase of the school lands; and for other special and general relief.

ActioN in equity for the cancellation of a promissory note, and a mortgage on real estate given as security for the same. The district court entered a judgment in accordance with the prayer of the petition. Defendant appeals.

AotioN to quiet the title to real estate. The j>etition states that the plaintiffs are the owners of the real estate in controversy, and that the defendants make some claim thereto.

This action was brought by the plaintiff, as road supervisor of district No. 4, in Whitebreast township, Lucas county, for a writ of mandamus against the defendant, as clerk of the township, to compel him to pay over to the plaintiff certain road-tax funds alleged to be payable to the plaintiff, to be expended upon the roads in his district. The court dismissed the plaintiff’s petition, and rendered judgment against him for costs. The plaintiff appeals.

Appeal from Dallas District Court. The defendant was indicted, tried and convicted of tbe crime of larceny, and be appeals.

This is a proceeding under the statute, by which certain intoxicating liquors in the possession of the United States Express Company were seized and destroyed. The express company appeared and claimed the liquors, and in a trial before a justice of the peace the liquors were condemned and ordered to be destroyed.

<p> Appeal from Floyd District Court. </p> <p>The defendant was charged in the court below with keeping a nuisance, in the form of a liquor saloon. He was tried, convicted, and fined in the sum of $400, and he appeals.</p>

PlaiNtiees eacb obtained a judgment against tlie firm the of Comvelliek & Seney, and William Comvellick and John Seney, tbe individual members of said firm. Executions were issued on these judgments, and defendant herein was garnished thereon as a supposed debtor of the defendants.

<p>1. Forgery: conditional note: no one deekauded. Where an insurance agent forged an application for insurance and notes for the premium, and sent them to his company, for the purpose of fraudulently securing his commission, held that he could not escape conviction on the ground that the forgery was discovered, and no policy issued, and the notes never became valid obligations for the payment of money.</p>

The plaintiffs are creditors of one Harmon. As sucb they garnished the defendant Smith. He answered, denying that lie was indebted to Harmon, and a trial was had to a jury, which rendered a general verdict for the defendant garnishee. It however, rendered a special verdict, also, and the plaintiff moved for judgment against the garnishee on the special Amrdict, notwithstanding the general verdict in the garnishee’s favor, and the motion was sustained. The garnishee appeals.

AotioN for the recovery of damages. Plaintiff alleges in her petition that defendant sold a revolver to her minor son, who, while afterwards handling said weapon, accidently discharged the same, and the ball therefrom passed through his hand, breaking some of the bones thereof, and disabling him for a long time from doing any labor; and she seeks to recover the value of his services during the time he was disabled ; also the expense of nursing and caring for him during the…

Aotiok in equity to quiet the title to a lot in Sioux City. Plaintiff claims under a tax deed executed by the treasurer of Woodbury county. Defendant answered that the lot was not subject to taxation for the year for which it was sold, and that one E. R. Kirk, who, at the time of the sale, was deputy county treasurer, was concerned in the purchase, and that the sale was void for that reason. The district court entered judgment for plaintiff. Defendant appeals.

AotioN in equity to determine the ownership of certain real estate. The court found that the plaintiff was the owner of the land, but that he should pay the defendant, Sauerwein a certain sum of money for taxes paid, and interest thereon, and a judgment was entered accordingly, from which both parties appeal.

Robert Boyd qualified as administrator of the estate of Nutter Rogers on the nineteenth day of November, 1884. The personal effects of the estate were of the value of $87.10. The deceased owned certain real estate which was incumbered by two mortgages, and by a judgment in favor of Caleb Collins. Claims were filed and allowed against the estate amounting to $295. The adminstrator procured an order for the sale of the real estate of the deceased, and an order of sale was made.

Action for services alleged to have been rendered in nursing persons sick with small-pox.' The plaintiff alleged that he was engaged in service continually seventeen days, from June 5, 1885, to June 22, 1885, and that bis services were reasonably worth the sum of $6.50 per day. No copy of an account was attached to the petition, and the defendant demurred to the petition on the ground of a want of such copy. The court sustained the demurrer.

PlaiNtiff was an employe of tbe defendant on a construction train. He was a laborer, engaged with others in placing on the train timbers lying along the road. He rode on the train from a station, and when the timbers at one place were loaded he rode on tlie train to another place, and at night rode on the train to where the men stopped until morning. He was injured while attempting to get on the train. There was a verdict for plaintiff, judgment, and the defendant appeals.

■A-jppeal from Polle Circuit Court. ActioN upon a promissory note signed by the defendants I. N. Rice & Co. and E. R. Mason. There was a trial to the court, and judgment was rendered for the plaintiff. The defendant E. R. Mason appeals.

Aotion upon a promissory note. A demurrer to the petition was sustained. From the ruling of the court upon the demurrer the plaintiff appeals.

This action was brought originally before a justice of tbe peace. It is a suit on a promissory note for $200 executed by defendant Samuel Ohatterton to plaintiff. -The note contains an agreement that suit might be brought thereon in justice’s court.

The defendant was convicted of the larceny of a seal-skin overcoat of the value of $50, and sentenced to imprisonment in the penitentiary for the period of two years. He appeals to this court.

AotioN in equity by plaintiff to quiet title to certain real estate against certain tax deeds, and to secure redemption from a tax sale on which the deeds were based. Defendant seeks to quiet title in himself. Decree for plaintiff. Defendant appeals.

ActioN to recover for labor performed and materials furnished for the construction of a coal-house and other necessary out-houses appurtenant to a school-house built by plaintiff for defendant. There was a judgment upon a verdict for plaintiff. Defendant appeals.

Action to recover upon a policy of fire insurance. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

This is an action for the foreclosure of a mortgage upon certain real estate. The hearing in the court below resulted in a decree in favor of the defendant Julia E. Bennett, the owner of the real estate and principal mortgagor, and in favor of the defendant L. B. Bennett, a .purchaser of the real estate after the record of said mortgage. The other defendants were defeated, and judgment and decree were rendered against them. Plaintiff appeals.

AotioN to determine tbe boundary line between the S. of 5. E. ¿ of section 31, township 79 N., of range 42, owned by the plaintiff, and tbe S. E. i of S. W. ¿ of the sama section, owned by tbs defendant. Erom the judgment the defendant appeals.

AotioN to recover upon a contract for digging a ditch. There was a trial to a jury, and verdict and judgment were rendered for the defendant. The plaintiff appeals.

AotioN in chancery to restrain and enjoin defendants, who are members of the board of directors of the district township of East River, in Pago county, from redistricting the district township. A preliminary injunction was allowed, which defendants moved to dissolve. The motion was overruled. Defendants appeal.

<p>1. Sale by Agent: unauthorized warranty by agent: knowledge op purchaser. If a person constitutes another his agent for the sale of merchandise, and furnishes him with the kind of warranty he may give, a purchaser having knowledge of that fact may not accept from the agent a warranty different in its terms from the one authorized by the principal, and then require the principal to comply with such unauthorized warranty.</p> <p>2. Agency: evidence: declarations op agent to bind principal. Evidence of the declarations of an alleged agent are not admissible against the principal unless the fact of agency be established, and that fact cannot be established by the declarations of the alleged agent.</p>

Appecd from Oerro Gordo Circuit Cowrt. Isaac Spender made his last will and testament on the fifth day of April, 1883, and afterwards died. The will was filed in the office of the clerk of the circuit court for probate. The testator, after making provision for his wife, gave all of the residue of his estate, real and personal, to his four children. One of these children was described in the will as an adopted daughter, named Gr. S. Bates.

Action in equity. Au entry of a decree appears to bave been, made by the clerk, and subsequently another decree was entered. The plaintiff moved to strike out tbe last entry as having been made without authority, and therefore void. The court overruled the motion, and the plaintiff appeals.

<p> Appeal from, Guthrie Ovrcuit Oourt. </p> <p>The facts are stated in tbe opinion.</p>

<p> Appeal from Jasper Cvrouit Court. </p> <p>Action at law, aided by attachment. A motion to dissolve the attachment issued in the case whs overruled. From the decision defendant appeals.</p>

In the year 1885 the assessor elected by the city of Des Moines assessed certain real estate, which belonged to the Des Moines Water Works Company, at $60,000. This assessment was subsequently reduced by the city council, acting as a board of equalization, to- $6,000.

Action for a personal injury. The plaintiff, Mrs. E. C. Eckerd, took passage on one of the defendant’s trains, and, when attempting to alight therefrom at the station at Ontario, fell, as she claims, and received an injury. The negligence of the defendant, she alleges, consisted in not providing a safe, suitable and convenient place for passengers to alight, and in not causing the car in which she had been riding to be drawn up to the platform.

This is an action' in equity by which the plaintiff seeks to quiet its title to fourteen acres of land, and to prevent the defendants from entering upon the same and taking possession thereof. There was an injunction restraining the defendants from entering upon or breaking up the land, and upon a final hearing there was a decree declaring plaintiff to be the unqualified owner in fee of the land, and the injunction was continued and made perpetual. Defendant appeals.

This is an action in equity by which the plaintiff demands judgment on certain promissory notes, and a decree for the foreclosure of a mortgage on certain real estate given to secure the payment of the notes. There was a judgment and decree for the plaintiff, and the defendant Gill Perry appeals.

The Grand Lodge Iowa Knights of Honor, is a corporation organized under the laws of Iowa, and, as its name implies, sucb corporation has supreme power in sucb organization in this state. Subordinate lodges were formed under its authority, one of which is the Newton Branch, No. 1.

Habeas Corpus. The petitioners, being in custody of the several defendants as sheriffs of their respective counties, charged with the infractions of the laws of this state, severally ask that they be discharged. The cases above named were argued and submitted together; and, as they are substantially alike, but a single opinion is deemed necessary.

The plaintiff seeks to recover of the defendants, who are executors of the last will and testament of B. Bowen, deceased, a judgment in damages, upon the ground that the deceased, in his life-time, fraudulently concealed a large amount of his money and credits from the assessor for taxation, by reason of which fraudulent concealment the decedent avoided and escaped the payment of a large amount of taxes which he ought to have paid. A demurrer to the petition was sustained.

The defendants are executors of the last will and testament of B. Bowen, deceased. The plaintiff filed a claim against the estate of said Bowen for boarding him for several years prior to his death. This claim amounted to some $2,700. The defendants set up, as an offset against said claim, certain promissory notes held by the deceased against the plaintiff. There was a trial by the court without a jury, and the claim of plaintiff was allowed, with interest.

The defendant was convicted of tbe larceny of a set of harness, and sentenced to a term of imprisonment in the penitentiary, and from that judgment he appeals.

Peioe to his death, E. 0. Lyon executed a will, which has been duly admitted to probate. The executors therein named qualified and proceeded to discharge the duties devolved upon them. Mrs. Estelle Morsman, one of the children of Mr. Lyon, and a devisee under the will, filed a petition asking that the estate be distributed.

<p> Appeal from Monona District Court. </p> <p>Aotioh upon a promissory note. There was a judgment upon a verdict for defendant. Plaintiff appeals.</p>

This action was brought to recover upon a bond given, under the statute, to Polk county, by the defendant Joseph Brewer as principal, and tbe defendants Lysander Harvey and H. E. Teachout, as sureties, conditioned for carrying out the provisions of tlie law in the sale of intoxicating liquor.

<p> Appeal from Harrison Circuit Court. </p> <p>The facts are stated in the opinion.</p>

ActioN upon a policy of insurance. A demurrer to plaintiffs’ petition was overruled. Defendant standing on its demurrer, and refusing to further plead, judgment was rendered for plaintiffs. Defendant appeals.

Tins is an action upon a policy of insurance against tbe loss of certain property by fire. There was a trial by jury, and a verdict and j udgment for plaintiff. Defendant appeals.

These two appeals involve the same question, and they will be determined in one opinion. The question submitted is whether a sheriff is entitled to a percentage upon tbe amount of a sheriff’s sale of real estate on execution, where tbe judgment plaintiff is tbe purchaser, and tbe amount of tbe bid is not paid to tbe sheriff, but credited on tbe judgment. The court below held that the sheriff was entitled to the percentage, and plaintiff appeals.

ActioN involving the validity of a tax levied upon a certain town. lot. There was a judgment for plaintiff. Defendant appeals.

This is a proceeding under the statute to establish lines and corners of land alleged to liave been lost. Commissioners were appointed, who made a survey and took evidence. They were not, however, able to agree upon what lines and corners should be established, and the result was that there were a majority and a minority report. The court approved and confirmed the majority report, and from the ruling the defendants appealed.

ActioN in detinue to recover the value of certain personal property wrongfully taken from plaintiff by defendant. There was a judgment upon a verdict for plaintiff. Defendant appeals.

AotioN upon an injunction bond. There was trial to a jury, and a verdict and judgment were rendered for the plaintiffs for $50 and costs; the amount of the recovery being considerably less than the plaintiffs claimed. They accordingly moved for a new trial, setting up as ground therefor the exclusion of certain evidence. The court overruled the motion, and the plaintiffs appeal.

Action on two promissory notes. Tbe defense pleaded was that defendant bad delivered to plaintiffs a promissory note executed by the Marsh Binder Manufacturing Company, and that it was agreed between the parties that plaintiffs should receive said note as payment on the note sued on, hut that they had neglected to credit the amount of said note thereon.

AotioN on a promissory note. The defendant Clark pleaded that be was a surety only, and that, for a valuable consideration, an extension of tlie time of payment had been given Barnes & Sons, without his knowledge or consent. The plaintiff pleaded, in a reply, that, at the time the extension was granted, Clark was fully indemnified by a chattel mortgage given by Barnes & Sons to secure the note sued on, and also that tlie extension bad been procured by fraud. Trial by jury.

Afjpeal from Hanooelc District Court. The defendant was convicted of the larceny of eleven head of cattle, and sentenced to a terra of imprisonment in the penitentiary, and from that judgment he appeals.

AotioN in chancery to enforce against the Central Iowa Railway Company certain judgments for costs recovered by plaintiff in the circuit court of Mahaska county, upon appeals by the Chicago, Burlington & Pacific Railway Company, in proceedings under the statute, instituted for the condemnation of land owned by plaintiff, over which the railroad now owned by the Central Iowa Railway Company, was constructed. There was a decree granting the relief prayed for by plaintiff.

<p> Appeal from Mahaska Oirouit Court. </p> <p>AotioN upon a promissory note. There was a trial to a jury, and judgment and verdict were rendered for the defendants. Afterwards, and after the term, the plaintiffs filed a petition for a new trial based upon alleged misconduct of the jury. The defendants demurred to the petition, and the demurrer was sustained, and from the ruling sustaining the demurrer the plaintiffs appeal.</p>

<p>1. Justices’ Courts: jurisdiction: hoee than $100: Reduction- by PETITION FILED AFTER DEMURRER: APPEARANCE. Where in an action before a justice of the peace the notice claims more than $100, the justice has no jurisdiction, and he is not given jurisdiction by the filing of a petition, after a demurrer to the jurisdiction has been filed, claiming less than $100. Hor does the appearance of the defendant, in such a case, to object to the jurisdiction, confer jurisdiction on the court.</p>

<p>1. School Districts: independent district in village. Under § 1800 of the Code, as amended, (see Miller’s Code,) no village of less than two hundred inhabitants may be organized, with contiguous territory, into an independent school district. The inhabitants of contiguous territory are not to be added to the village proper to increase the number to two hundred.</p>

<p>1. Practice on Appeal: evidence to support verdict: when not considered. Where it is assigned as error that the verdict is not supported by the evidence, but the assignment is not argued, and the abstract does not purport to contain all the evidence, the assignment will not be considered.</p> <p>2. Cities and Towns: duty as to keeping streets in repair. This court is not prepared to say that it is the duty of a city to keep every street safe for travel throughout its entire width, regardless of its location, amount of travel, and all other circumstances; at least an instruction to that effect was not called for by the facts in this case.</p> <p>3. -: INJURY TO TRAVELER ON DEFECTIVE STREET: DUTY TO TAKE safe street. In an action against a city by a physician, who had a large practice, and knew the condition of the streets, for a personal injury occasioned by a defective street, the court rightly refused to instruct the jury that the city could not defend by a showing that there were other streets which plaintiff might have taken, and avoided the injury. (Compare Parkhill v. Brighton, 61 Iowa, 103.)</p> <p>4. Hew Trial: misconduct of jury. Where one of the jurors made affidavit that the character and standing of the plaintiff were canvassed and discussed by the jury, and that, in his opinion, the discussion had a good deal to do with the decision of the case, held that this was not sufficient to overcome the presumption that the sworn jurors kept themselves, in the finding of their verdict, within the line of their duty, and that a new trial on that ground was properly refused.</p>

<p>1. Criminal Law: increase or fine aster judgment entered. Under the decisions of the courts in this country and in England, (see authorities in opinion,) as well as under § 178 of the Code, a court has authority, after it has entered judgment of afine against a defendant, at the same term, and before any part of the judgment has been performed, to set the judgment aside, and enter another judgment imposing a heavier penalty.</p>

This is an action in equity, by which the plaintiff seeks to enjoin the defendants from interfering with the construction of a railroad over certain described lands in Jasper county. There was a decree for the plaintiff, and defendants appeal.

INDICTMENT for murder in tbe first degree. Tbe jury found tbe defendant guilty as charged in the indictment, and that lie should be punished by imprisonment in the penitentiary for life, at bard labor; and judgment was accordingly entered. The defendant appeals.

AotioN upon a beneficiary certificate issued by the defendant company to one Franz Joseph Matt, now deceased. The plaintiff Theresa Matt is the surviving widow of Franz Joseph, and the other plaintiffs are his children.

AotioN to recover the value of services rendered by an attorney at law. There was a judgment for the plaintiff, and defendant appeals.

ActioN to recover for tbe breach of a contract, whereby defendants became bound to employ plaintiff for one year, and pay wages and expenses provided for by the argeement. There was a judgment upon a verdict for plaintiff. Defendants appeal.

This is action by a junior lien incumbrancer to redeem from a foreclosure to which he had not been made a party. The cause has already been in this court, and was remanded, with a direction that new parties be brought in, and' decree rendered in harmony with the opinion. See 62 Iowa, 661,' (668.) Decree has since been entered in the circuit court, and from that decree the defendants appeal. Facts necessary to an understanding of the case are set out in this opinion.

<p>Appeal from Buahanan Gireuit ■Oourt.</p> <p>AotioN upon a policy of insurance against loss by fire. There was a trial by jury, and a verdict and judgment for plaintiff. Defendant appeals.</p>

AotioN IN chanoery. Upon a motion by the defendant Linn county, parts of the petition were stricken out. From this order plaintiff appeals.

Tee petition states, in substance, that in December, 1884, the defendant O. W. Dorr, W. W. McKniglit and 0. N. Page entered into partnership, under the name and style of 0.

This action was brought upon a promissory note, and upon an acceptance. What the defense was, if any, does not appear. In April, 1881, the case came on for trial before Judge ShaNe, the judge of the eighth judicial district.

ActioN to recover for an alleged breach of promise of marriage. The plaintiff averred that she was a widow, and had children by a former marriage; that the defendant promised to marry her, and the marriage was to take place when two children of the plaintiff should have married; that those children have since marriéd, but the defendant now refuses to many her.

Afjpeal from Mahaska District Court. DeeeNDANt was convicted of murder in the ■ first degree, and was sentenced to the penitentiary for life, in accord with the verdict of the jury fixing the punishment. He now appeals to this court.

ActioN on an agreement for a lease of coal land. Judgment for plaintiff. Defendant appeals. Plaintiff and wife, being owners and occupants of certain real estate, executed a coal lease therefor to the defendant in consideration of the payment of five cents per ton royalty for coal mined, or $300 per year, provided the royalty did not amount to that sum, and also the right to have coal for home consumption.

This is a garnishment proceeding against the treasurer of Jasper county on execution in favor of plaintiffs. The garnishee was discharged, and plaintiffs appeal.

<p> Appeal from Howard District Court. </p> <p>The defendant was accused of the crime of disfiguring, committed, as was charged in the indictment, by biting, slitting and tearing off the nose of one Richard Hughes, with intent to disfigure said Hughes. He was found guilty of the offense by the verdict of a jury, and the court sentenced him to a term of imprisonment in the penitentiary, and from that judgment he appeals.</p>

This is an action of replevin for a horse. There was a demurrer to the answer, which was sustained, and defendant appeals. The facts appear in the opinion.

Aotion to recover damages for an injury received by the plaintiff on the ground that the city had been negligent in the construction of a crossing over a street. Trial by jury, judgment for the plaintiff, and defendant appeals.

Aotion upon a policy of insurance against loss by fire. There was a judgment upon a verdict for plaintiff. Defendant appeals.

This action was brought before a j ustice of the peace, and judgment was rendered against defendant, who appealed to the circuit court, where his appeal was dismissed. He now appeals to this court.

ActioN upon a bond obligating defendants to pay certain ¿indebtedness for labor and supplies incurred by the principal in tlie bond in performing certain work for the construction of a railroad. There was a verdict for plaintiff, under direction of the court, upon which a judgment was rendered. Defendants appeal.

ActioN for double tlie value of two horses, which, it is alleged, were killed by a train of the defendant, at a point on its railroad where the road was not fenced, but where the right to fence existed. It is claimed by the defendant that the animals were killed upon the depot grounds of the railroad where there was no right to fence. There was a trial by jury, and a verdict and judgment for the plaintiff: Defendant appeals.

Affeal from Lyon District Court. AotioN to recover for services alleged to have been rendered for the defendant “in the examination of papers, abstracts, records and deeds relating to a large and valuable tract of land in Lyon county.” There was a trial to a jury, and verdict and judgment were rendered for the plaintiff for $1,500. The defendant appeals.

Oerro Gordo District Court. The defendant was convicted of the larceny of a watch by the verdict of a jury, and he appealed from the judgment pronounced against him.

Appeal-from, Hamilton Oirouit Oourt. AotioN to recover the sum of $1,000, as the balance of the purchase-money of certain land. „ After the introduction of the evidence, the court took the case from the jury and rendered judgment for the plaintiff. The defendant appeals.

IN 1883, one Pates was convicted in the district court of Greene county- of the crime of larceny, and sentenced to a term of imprisonment in the penitentiary. From that judgment he appealed to this court. lie gave bail in the amount prescribed in the judgment, with the defendant, Caleb Townsend, as surety on his bond, and was released from custody, lie subsequently fled from the state, and his appeal was not prosecuted.

<p>1. Corporations: transfer company: contract op suretyship: ultra vires: estoppel. Defendant is a corporation organized for the purpose of engaging in the “ general freight and transfer business.” Byits secretary, it joined the plaintiff in executing a bond of suretyship for L. <fe M. to theB. company. Afterwards L. & M. failed, but they executed their note to plaintiff and defendant for the amount of the bond, in consideration of the payees’ assuming that amount of their indebtedness to the B. company. Thereupon the defendant, byits president, joined plaintiff in a letter to the B. company, assuming liability for the indebtedness of L. & M. to that amount. It also, by its officers and attorneys, joined plaintiff in an action on said note against L. & M., which was aided by attachment. Defendant refused to pay to the B. company any portion of the indebtedness thus assumed, and plaintiff paid tlie whole of it, and now seeks to recover contribution from defendant as a co-surety. Held that defendant’s original contract of surety-ship was ultra vires, as was also its assumption of indebtedness by the letter signed by its president, and that the other acts of defendant’s officers did not estop it from insisting on that fact as a defense, and that no recovery could be had. (See opinion for a series of legal propositions in relation to ultra vires contracts, by Rotitrock, J.)</p>

The plaintiff is the administrator of the estate of Nancy Braden, and, as such, brought this action on certain promissory notes, and to foreclose a mortgage given to secure the same. There was a judgment for the plaintiff, and defendants appeal.

ActioN to recover damages resulting from personal injuries sustained by plaintiff while in the employment of defendant, on the ground that the injuries were caused by the negligence of defendant. There was a judgment upon a verdict for plaintiff. Defendant appeals.

The plaintiff’s intestate was in the employ of the defendant, as plaintiff claims, as a fireman on a locomotive, and he was killed in an accident which occurred on the railway in October, 1884. Trial by jury. Judgment for the plaintiff, and the defendant appeals.

The plaintiff is police judge of the city of Des Moines. He brought tbis action to recover from Polk county certain fees in criminal cases where the prosecution failed, and in cases where such fees could not be made from the persons liable therefor. The answer of the county denies the indebtedness. There was a trial to the conrt on an agreed statement of facts, and a judgment for plaintiff. Defendant appeals.

<p>1. Practice on Appeal: amended abstract hot denied. An amended abstract filed by appellee, and not denied, must be taken as true; and when it appears therefrom that the record is not such as to permit • a consideration of the questions raised by the appeal, the judgment must be affirmed.</p>

Aotion to recover a balance due plaintiff for beating apparatus furnished to defendant. The cause was tried without a jury, and judgment rendered for defendant. Plaintiff apjieals.

It appears from tbe petition in this case that the plaintiff and one George Kleigel entered into a written contract by which the plaintiff delivered twenty bushels of flaxseed to said Kleigel to be sown on his farm. The crop raised from said seed was to be sold to plaintiff, and delivered at a railroad station, at a certain price less than the Chicago market, and the twenty bushels furnished for seed were to be accounted for in the contract at the sum of $32.

The defendant Gifford brought an action in equity in the district court of Jasper county to cancel a promissory note which he had signed as surety for the Anderson Pros. Mining & Railway Company. The note ivas made payable to the plaintiff Tunis Schenck, and was by him indorsed to the Rank of Monroe.

This is an action for tbe recovery of damages for a personal injury sustained by plaintiff through the negligence of the defendant, as is charged, in the operation of a locomotive and train of cars on its railway. There was a verdict and judgment for plaintiff. Defendant appeals.

ActioN in chancery to restrain the sale of certain land upon execution. A demurrer to the petition was sustained, and, plaintiff refusing to plead further, a decree was entered dismissing his petition. He now appeals to this court.

The petition states that the defendant, together with others, executed and delivered to the plaintiff their promissory note, in words and figures, to-wit: “$200. INDEPENDENCE, Iowa, July 10, 1884. “One year after date, value received, we promise to pay Daniel Heffner, or bearer, two hundred dollars, with interest at eight per cent from date until paid. Payable at Independence, Iowa, with reasonable attorney’s fees, if sued.

Action to recover damages caused by a fire set out by an engine winch was drawing a freight train On defendant’s railway. Trial by jury, judgment for the defendant, and plaintiff appeals.

This cause was summitted to the circuit court upon an agreed statement of facts. Judgment for the plaintiff, and both parties appeal.

Action on a policy of insurance against loss or damage by fire. The defenses relied ou are sufficiently stated in the opinion. Trial by jury, judgment for tbe plaintiff, and the defendant appeals.

This is a proceeding to establish a claim against the estate of George F. Hanson, deceased. The cause was, by agreement of the parties, tried in equity. There was a judgment for the plaintiff. Defendant appeals.

<p> Appeal from, Garroll Owcuit Oourt. </p> <p>AotioN upon an account. There was a judgment upon a verdict for plaintiff. Defendant appeals.</p>

■ This is an appeal from an order of the circuit court dismissing a petition in equity upon motion after answer. The facts appear in the opinion. Plaintiff appeals.

The parties are husband and wife. Plaintiff brought an action for divorce and alimony, alleging in her petition that defendant had been, guilty of cruel and inhuman conduct, endangering her life. In.an amended and substituted petition, subsequently filed, she withdrew her prayer for a divorce from defendant, and asked only for alimony. On a hearing the circuit court awarded her judgment for $4,200, payable in three installments. Defendant appeals.

The plaintiff is administrator of ~W. H. Hammer, who was a brakeman in tlie employ of tbe defendant, and who was killed, as is claimed, because of tbe negligence of the defendant and its employes. Trial by jury, verdict and judgment for tbe plaintiff, and defendant appeals.

Ajpfeal from. Museatine Gireuit Court. Certiorari to review the acts and proceedings of defendants in authorizing the construction of a levee, and the assessment of taxes upon adjacent lands. The circuit court adjudged that the proceedings resulting in the levy of the taxes were illegal and void. Defendants appeal.

AotioN to enjoin the collection of a five percentum tax, voted and levied to aid in the construction of a railroad. The railroad company constructing the road, and another interested therein, were made defendants to the action. The defendants united in an answer, to which a demurrer by plaintiffs was sustained. From this decision defendants appeal.

This is an action in equity, by which the plaintiff seeks to to compel the defendants to change the surface of Second, Third and Nine streets, in the city of Des Moines, to correspond with the established grade of said streets, or to recover damages for the alleged unlawful improvement of said streets in a manner not authorized by the established grade.

AotioN upon a promissory note purporting to be executed as a joint note by one Charles Leipold and the defendant. The note was executed in Illinois, where Leipold lived, and still lives. It became due May 23,1871, and this action was commenced January 28, 1885.

Action in chancery to enjoin and restrain defendants from interfering with the employes and contractors of plaintiff in constructing its railroad over lands owned by defendants, or some'of them, and to recover for damages sustained by it from such interference by defendants. Upon a trial on the merits, the temporary injunction allowed in the case was made perpetual, and judgment for one dollar damages and costs was entered against defendants, who now appeal to this court.

ActioN in equity for an injunction. The plaintiff claims to be the owner of an easement in a certain stairway and hallway, and be avers that the defendants, Calhoun and Brown, are interfering with bis enjoyment of bis easement, and he asks that they be restrained by injunction. There was a decree for the plaintiff. The defendants appeal.

This is an action upon a policy of insurance against loss by fire. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

The defendant was accused of the crime of murder, committed, as was charged in the indictment, in the killing of one John Hidinger. He was convicted of murder of the second degree, and sentenced to a term of imprisonment in the penitentiary, and from that judgment he appeals to this court.

AotioN in chancery to set aside a deed conveying real estate, on the ground that it was executed for the purpose of hindering and defrauding creditors. A demurrer to the petition was overruled, and, the defendant refusing to further plead, a decree was entered granting the relief sought in the petition. Defendant appeals.

Action to set aside a deed of a certain tract of land in Polk county, made by plaintiffs to defendant, and for a decree that he reconvey the same; and also for a decree for an accounting in regard to rents and profits and improvements. There was a decree for the plaintiffs. The defendant appeals.

This is an appeal from an order of the circuit court, overruling a motion to expunge a decree in an action in chancery between these parties. The decree was in favor of the defendant. Plaintiff appeals.

This action in equity was brought by the plaintiff as a judgment creditor of the defendant Cassey Patterson, and for the purpose of setting aside a conveyance of land alleged to have been made by her to her co-defendant, Jane Stinson, for the purpose of defrauding the grantor’s creditors. There was a decree for the plaintiff. The defendant Jane Stinson appeals.

This is au action of unlawful detainer, commenced before a justice of the peace, and it is stated in the petition that the plaintiff hired the defendant to work for him on his farm, at a stated compensation; and “that plaintiff orally leased to defendant the premises on said farm, and along the timber Yinton road, situated in the southeast quarter of the northeast quarter section 24, township 83, range 8 west of the 5th P. M., about twenty-five rods from the dwelling now…

PlaiNtiees instituted suit on a money demand against defendant, A. L. Meinhart. Their petition contained allegations entitling them to an attachment, and the writ was accordingly issued. Immediately after the writ came into the hands of the sheriff he entered in the incumbrance book the statement that he had attached the leasehold interest of the defendant in certain described lands, together with the buildings and improvements situated thereon.

AotioN in replevin to recover tbe possession of a stock of goods and merchandise, seized and beld by defendant, as sheriff, upon certain writs of attachment. Tbe cause was tried without a jury, and judgment rendered for defendant. Plaintiffs appeal.

Notion on a policy of insurance against loss or damage by fire. Trial by jury, and judgment for tbe plaintiff. Tbe defendant appeals.

Ajppecd from Des Moines District Court. Aotion in chancery ' to foreclose a mortgage executed by the Burlington Plow Company to plaintiff, as a trustee for certain of its creditors, upon real estate and personal property. There was a decree granting the relief prayed for in plaintiff’s petition. Defendants appeal.

AotioN on a policy of insurance against loss or damage by fire. Trial by jury. Judgment for plaintiff, and defendant appeals.

<p>1. Practice on Appeal: rulings favorable to appellant. In appeals in ordinary actions, only such rulings of the trial court can be reviewed as were adverse to the appellant, and upon which errors are properly assigned.</p> <p>2. Fire Insurance: flouring mill: provision against “shutting down”: construction. Where a policy of fire insurance on a flour-mill was made subject to a provision that if the mill should be “shut down ” or remain idle, from any cause whatever, for more than twenty days, without notice thereof to the secretary of the company, the policy should be considered suspended from the expiration of that time until the mill should resume work or the policy be reinstated bv the secretary, held that the stoppage of the mill for more than twenty days, without the required notice, though done for the purpose of necessary repairs to the mill or race, was within the meaning of the provision, and suspended the policy.</p>

Appeal from Jasper Owcuit Oowrt, Action to recover double the value of a horse killed by a train on defendant’s railroad, at a point where defendant bad failed to build a fence, though it had the right so to do. There was a judgment upon a verdict for plaintiff. Defendant appeals.

PlaiNTIff brought this action in equity to quiet in him the title to 240 acres of land in Boone county. The circuit court granted the relief demanded as to five-sixths of the land, and denied plaintiff relief as to the remainder. The facts are stated in the opinion. Both parties appeal.

This proceeding seems to have been instituted by tbe defendant, J. Gr. Weitzell, for the purpose of obtaining the benefit of section 2002 of the Code, and for obtaining a decree declaring certain property exempt from execution. Keferees were appointed, who reported the property exempt, and the court entered a decree accordingly. The plaintiff appeals.

Appeal from Benton Circuit Oowrt. Action to recover specific personal property. Trial by jury. Judgment for the defendants, and the plaintiff appeals.

AotioN in chancery to enjoin the collection of a five per centum tax to aid in the construction of the Wisconsin, Iowa & Nebraska Railroad. A temporary injunction was allowed, which, upon the final trial, was dissolved. Plaintiffs appeal.

<p> Appeal from Des Moines District Gowrt. </p> <p>ActioN at law by a partner against his copartner to recover a balance of partnership account according to an agreement of settlement of partnership affairs. The defendant denied that anything was due the plaintiff,'and pleaded a counterclaim. There was a trial to the court without a jury, and judgment was rendered in favor of the plaintiff for $21,-591.48. The defendant appeals.</p>

ActioN to set aside certain deeds alleged to have been executed to the defendant Farris by the defendants William Sturman and Jane Sturman, to defraud the creditors of William Sturman. The latter filed a cross petition against his co-defendant Farris, praying that the deeds be set aside on the ground that they were obtained from him without consideration, and through the undue influence of Farris.

AotioN to recover an alleged balance of a deposit account. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

A-ftpecd from- Linn Circuit Court. These actions are submitted together as involving the same questions of law. They are actions in equity brought to enjoin the defendants from prosecuting proceedings in garnishment in Minnesota, and decree was rendered for the plaintiffs. The cases all come to us upon certificates of appeal as involving less than $100. For a proper under-' standing of the cases it will be sufficient to set out the certificate in the case first above named.

DEFENDANT was indicted for murder in the second degree, perpetrated by unlawfully causing and producing a miscarriage of Emma Monson, a pregnant woman. Upon conviction be was sentenced to confinement in the penitentiary for twenty years. He now appeals to tliis court.

Appeals from Des Moines District Court. These causes involve the same questions, and may be disposed of in a single opinion. They are actions for the abatement of nuisances which, it is charged in the petitions, were kept and maintained by defendants, and to enjoin defendants from maintaining the same. Temporary injunctions were issued restraining defendants, during the pendency of the actions, from maintaining the nuisances, which on the final hearing were made perpetual.

Aotions for the abatement of nuisances, and to enjoin defendants from maintaining and continuing the same. The district court rendered judgment as prayed for in the petition, and defendants appealed.

Indictment for murder in the first degree. Trial by jury, who found that the defendant was guilty of murder in the second degree. Judgment was rendered on the verdict, and the defendant sentenced to be confined in the penitentiary for fifteen years, and he appeals.

<p> Appeals from Wapello District Court. </p>

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

<p>Criminal law: appeal: record examined: judgment affirmed.</p>

<p> Appeal from Buena Vista District Court. </p>

Appeal from Howard District Court. The defendant was tried and convicted of the crime of producing the miscarriage of a pregnant woman. He appeals.

The defendant and another were jointly indicted and convicted of maintaining a nuisance by keeping a building for the unlawful sale of intoxicating liquors. The defendant alone appeals.