Volume 72 — Iowa Reports

<p> Appeal from Polk Circuit Court. </p> <p>Aotion in equity. A demurrer to the petition was sustained, and the plaintiff appeals.</p>

Defendants were indicted and -convicted of maintaining a nuisance by keeping a place for tbe unlawful sale of intoxicating liquors. Both unite in- the appeal to this court.

<p> Appeal from Mills Circuit Court. </p> <p>Action in chancery to foreclose a mortgage. There was a decree for plaintiff. Defendants appeal.</p>

The defendant was convicted of the crime of seduction', and sentenced to imprisonment in the penitentiary for the term of fifteen months. He appeals.

Afpeal from Olay District Gourt. Action in equity to quiet in plaintiff tbe title to a quarter section of land. A demurrer to defendant’s answer was sustained by tbe district court, and, he refusing to plead further, j udgrnent was entered for plaintiff.

The plaintiff is the owner of a lot which abuts on Jefferson street, in the city of Burlington. There is a brick block of buildings upon the lot, which is used for business purposes. The grade of Jefferson street was first established by the city in the year 1858. In 1866 the city changed the grade. In 1868 the plaintiff erected the block upon the lot, and in 1873 the building was destroyed by fire, and rebuilt.

The defendant, Clark, was convicted of the crime of cheating by false pretenses, and sentenced to a term of imprisonment in the penitentiary, and from that judgment he appeals.

Aotion on the following written instrument: “One year after the Chicago, Iowa & Dakota Railroad shall be completed to Iowa Falls, if completed by September 1, 1884, I promise to pay the said construction company three hundred and twenty-five dollars, being one-half my subscription in aid of said railroad. J. T. Buttolpii.” The defendant answered that the consideration for his undertaking in the instrument had failed; also that his signature thereto was obtained bj fraud.

ActioN to foreclose a mortgage. Judgment and decree were rendered against the defendant Holland, but not against the defendant Phelps. The plaintiff appeals.

Appeal from Keohuh Cireuit Oourt This action involves tbe question whether certain money is liable to garnishment on execution, the same being the proceeds of the alleged homestead of the defendant William Hanlon, the execution debtor. The court below held that said money was exempt. The plaintiffs appeal.

AotioN in equity to foreclose the defendants’ equity of a-edemption to certain real estate. Judgment for the plaintiff', and the defendants appeal.

The plaintiff made application to the board of equalization of the city of Keokuk to correct the assessment against him upon certain stock in a loan and building association. The correction was not made, but refused, and plaintiff appealed to the circuit court, where it was ordered to be made, the action of the board of equalization being reversed. Defendants appeal.

ActioN for the recovery of damages for a personal injury sustained by plaintiff while in defendant’s employ as a carpenter. The injury was caused by the falling of a pile of timbers near which plaintiff was working at the time. When, plaintiff rested his case, the district court directed the jury to return a verdict for defendant. It afterwards sustained plaintiff’s motion for a new trial, and from that order defendant appeals.

<p>1. Former Adjudication: defense which might have been pleaded. Facts which existed, and might have been pleaded in defense to an action, cannot be set up to defeat a judgment rendered in such action. (Compare Bedwell v. Gephart, 67 Iowa, 44.)</p> <p>2. Payments: application of: bights of surety. Where four notes were taken for the purchase price of a machine, and a mortgage upon the machine was taken to secure ail of the notes, and the two first falling due were also signed by M. as surety, and the machine was sold under the mortgage for more than enough to satisfy the first two notes, held that the surety could not demand that the proceeds of such sale should be applied on the first two notes, but that the holders of the notes had the right to apply the proceeds in payment of the notes not otherwise secured, — the intention of the parties having been, evidently, to demand and give the personal security in addition to that afforded by the mortgage. (Allen v. Brown, 39 Iowa, 330, distinguished.)</p> <p>3. Fraudulent Conveyance: husband to wife: consideration: money advanced by wife. When the wife allows the husband to expend her money for the support of the family, she; cannot, in the absence of an express agreement for its repayment, recover ftie amount in an action against him or his estate. (Patterson v. Hill, 61 Iowa, 534; Courtright v. Courtright, 53 Id., 57.) And if ^he advances iponey or property to him to be used in the business in which he is engaged, they may contract for compensation therefor, andjsueh contract will be valid and enforceable; but if she makes such advancement voluntarily, and without such contract, the reasonable presumption is that she does so in view of the mutual benefits which are likely to accrue from the use of such advancement; and under such circumstances the law will not create the relation of debtor and creditor between the parties. Accordingly, held that advances made either for the support of the family or for use in the husband’s business, where there is no contract for repayment, cannot be a valid consideration for a conveyance of real estate by the husband to the wife, or against existing creditors.</p>

Action to recover for a personal injury alleged to have been sustained by the plaintiff’s intestate. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff for $10,000. The defendant appeals.

This is a proceeding by certiorari, brought by the plaintiffs against the defendants, who are members of the board of supervisors of Butler county, for a review of the action of said board in the matter of the resurvey of a public road. The circuit court denied the relief prayed in the petition, and approved the action of the board. Plaintiffs appeal.

It is alleged in tbe petition tbat plaintiff was employed by defendant to work for it at an agreed salary, and that the agreement was tbat he was to be given steady and constant employment; and it is charged tbat defendant violated its undertaking, in that it laid plaintiff off from December 24, 18S4, to February 1, 1885, and afterwards wrongfully discharged him from the service.

<p> Appeal from, Cerro Gordo Circuit Coart. </p> <p>The facts are stated in the opinion.</p>

Action to enforce the specific performance of a contract to convey land. There was a decree in the district court granting the relief prayed for by plaintiff’. Defendant appeals.

<p>1. "Riparian Rights: navigable kiver as boundary: change with high-water mark. By act of congress of August 8,1846, the Des Moines - river at the city of Ottumwa was declared to be a navigable stream, and its banks were meandered when the original government surveys wece made. But that act was repealed January 20, 1870. Such repeal, however, did not invest riparian owners with title to the middle of the stream, but their titles continued to be bounded by the ordinary high-water mark; and when the high-water mark was changed by the erosion of the bank, the boundary changed with it. Hence, where a part of a lot adjacent to the stream had washed away, exposing a ledge of rock below high-water mark, the owner of the lot did not own the ledge, and could not recover for stone quarried therefrom. (See opinion for oases cited.)</p>

AotioN on a promissory note whicli, by its terms, is payable “ to the treasurer of Sac county.” It is alleged in the petition that said note was given for the use and benefit of the county. The circuit court sustained a demurrer to one count or division of the answer. It also struck out, on plaintiff’s motion, three other counts or divisions, and from these orders defendants appeal.

Aotiow in equity to redeem certain real estate from tax sale after the execution of a treasurer’s deed. The judgment of the circuit court establishes plaintiff’s right to make the redemption. Defendant appeals.

AotioN to recover damages caused by the defendant’s failure to fence its road, whereby a horse, the property of plaintiff, was injured. Trial by jury. Judgment for plaintiff, and defendant appeals.

The plaintiff is president of the First National Bank of Rook Rapids. The defendant is an incorporated town, the council of which is the board for the equalization of the assessment for taxation of the property situated within said incorporated town.

AotioN in chancery to rescind the sale of certain lands, and to cancel the conveyance executed by plaintiff therefor, on the ground that the sale and conveyance were pocured and induced by the fraud of defendants. There was a decree granting the relief prayed for by plaintiff. Defendants appeal.

Mary U orman executed a will, by which she bequeathed a life-estate in certain real estate to her husband, Q. P. Norman, with remainder to C. R. Graham and Patrick Shea. She died a few days after the execution of the will. At the time fixed for proving the will the husband appeared, and contested on the ground that the testatrix, at the time it was signed, was of unsound mind, and incapable of making a will, and that she executed the instrument under undue influence.

This is an action to enforce a mecbanic’s lien. There was a demurrer to the petition, which was sustained. Plaintiff appeals.

Appeals from, Marion Circuit Court. These are actions for the recovery of the penalty provided by section 823 of the Code for the refusal by a person assessed for taxation to take the prescribed oath or affirmation that he had given a full, true and correct inventory of his taxable property. The circuit court found for defendant in each case. The causes, being alike, were submitted together in this court. Plaintiff appeals.

ActioN to recover the value of certain horses killed or injured by a train on the defendant’s road because of an insufficient cattle-guard. The defendant pleaded a general denial, and contributory negligence on the part of the plaintiff. Trial by jury. Judgment for the plaintiff, and defendant appeals.

This is an action in equity, and involves the question as to the validity of the sale of a stock of drugs made by the defendants Pratt & Barney to the defendants Rae & Hunter. There was a decree finding that the sale was void for fraud as to the plaintiffs, who are creditors of Pratt & Barney.

<p>1. Husband and Wife: antenuptial contract: enforcement against husband’s adm'inistratok. The antenuptial contract in question provided that the husband should settle upon the wife a sufficient amount, out of his estate, to keep her during her life, or as long as she should remain his widow, in such circumstances as his estate would reasonably justify. After the marriage he was to procure a good comfortable homestead, to be comfortably furnished; said house, including the furniture, to be conveyed to her, and to be hers in her own right. At his death there was also to be paid to her out of his estate $1,000, payable at date of death. In consideration of the above she relinquished all other claim to his estate. He resided, after marriage, until his death, on a valuable farm previously owned and operated by him, but he failed to provide the homestead contemplated in the contract. In determining her rights as against the administrator, the estate being found to be worth about $45,000, held—</p> <p>(1) That the contract contemplated a homestead in the vicinity of the farm where the parties actually resided, and that, considering the value of the estate, $3,000 was a reasonable allowance to be made to her in lieu of the homestead, and $500 per year a reasonable allowance for her maintenance.</p> <p>(2) That she was entitled to receive the $1,000, with interest from the date of his death, without deduction of the amount allowed by the court for her maintenance for a year after his death.</p> <p>(3) That she-was entitled to occupy as a homestead the premises occupied by them at the time of his death until the homestead to which she was entitled under the contract, or its equivalent, was furnished her.</p> <p>2. Jurisdiction: pendency of other action. The district court was not deprived of jurisdiction to enjoin the removal of a widow from the homestead of her late husband, by the pending in the circuit court of an action by the administrator and heirs of the husband against her, to enforce an antenuptial contract, in which another and different homestead was to be provided for her; and the fact that the widow asked for relief that she was not entitled to did not hinder the court from granting the injunction.</p>

The defendant was indicted for tbe crime of murder in the first degree. Upon trial be was found guilty of manslaughter, and sentenced to imprisonment in the penitentiary for three years. ITe appeals.

The plaintiff, who is administrator of the estate of Elizabeth A. Saddoris, seeks by this action to procure an order of sale of real estate of decedent to pay debts. There was a decree tbat tbe land was not subject to- sale for tbe payment oí debts. Tbe plaintiff appeals.

Action in chancery to enjoin the collection of a four per cent tax, voted in 1883, to aid tbe construction of the Chicago, Decorah & Minnesota Bail way. A decree was entered granting the relief prayed for by plaintiff. oDefendants appeal.

Appeal from Floyd District Court. Aotion in equity to enforce a mechanic’s lien. Trial to the court, judgment for the plaintiff, and defendant appeals.

Appeal from Pollc Circuit Court. Action in equity. There was a demurrer to the petition, which was sustained, and plaintiff appeals.

This is au action upon alleged contracts made with the defendant to construct two bridges over Indian creek, in the the city of Council Bluffs; one of the said bridges being at the point where said creek crosses Seventh street, and the other at thepoint where it crosses Broadway street, in said city. One of the said bridges is fifty-six, and the other sixty, feet in length.

AotioN in equity to subject a certain note and mortgage held by the defendant Frances Weber to an execution issued upon a jndgment rendered in favor of the plaintiff, and against the defendant’s husband, Martin Weber. There was a decree for the plaintiff, and the defendant appeals.

Appeal from- Mitohell District Court. The defendants were convicted of the crime of keeping a house of ill fame, and they appeal.

<p>1. Appeal from Justice: default: filing answer: time: discretion of court. One who appeals from a j udgment by default rendered against him by a justice of the peace, may file an answer in the appellate court, (Code § 3398,) but he can do so as matter of right only before the case is called for trial; (Code, § 2636;) and where he makes no showing excusing his failure to file his answer in proper time, the • court does not abuse its discretion by denying him leave to file it after the time for trial is reached.</p>

ActioN upon an account for service. There was a trial to a. jury, and verdict and j ndgment were rendered for the plaintiff. The defendant appeals.

<p>1. Practice on Appeal: instructions not excepted to. Error in instructions not excepted to is no ground for reversal.</p> <p>2. Criminal Law: arrest: speed? trial: delay on account op intoxication. In an action against a constable for confining plaintiff for a time after bis arrest, instead of taking him at once before a justice for trial, the court instructed the jury that it was the duty of the defendant, after arresting the plaintiff, to take him before the justice without delay, unless he was so intoxicated as to be apparently unfit to attend to his own rights, or unless he. had other legal excuse for such failure. Held that, if the last clause was too general in not stating what would constitute other legal excuse, yet it was not prejudical to plaintiff in this case, because the evidence showed that plaintiff was in fact intoxicated; which was a good legal excuse for not bringing him. at once to trial; for, even if he was not so intoxicated as to be unable to attend to his own rights, the justice could not properly be subjected to the annoyance of trying him while in- that condition.</p> <p>3. Practice on Appeal: conflicting ruling® op trial court: presumption in pavor op last ruling. Where the instructions of the court proceeded upon the theory that there was evidence on a certain point, and a special interrogatory was submitted on that point, but the jury omitted to answer the interrogatory, and plaintiff moved-for a new trial on that ground, but the court overruled the motion, held that it must be presumed that the court, upon further deliberation, concluded that there was no evidence to justify the submission of the question to which the interrogatory related, and that, in the absence of the evidence, it must be further presumed by this court that the last conclusion of the trial court was correct, and that it properly overruled the motion for a new trial.</p>

AotioN to recover taxes paid by plaintiff and his assignors, which were voted by the electors of the township (of which the plaintiff and his assignors were tax-payers) to aid in the construction of a railroad. They were subsequently declared illegal and void by a decree of the circuit court, which was affirmed in this court. See Manning v. Mathews, 66 Iowa, 675. The cause was submitted to the court upon an agreed statement of facts, and judgment rendered for plaintiff.

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

<p>1. Decree: mistake: motion to correct. A motion to correct a decree by striking out a clause, on the ground that it was inserted by mistake, was improperly sustained, where it appeared that the decree had been prepared by the concurrent action of counsel for both parties, and that the mistake, if any, was not one of fact, but related to the legal effect of the clause in question. Mistakes of law are not contemplated by § 179 of the Code, providing for altering decrees to correct evident mistakes.</p>

<p> Appeal from Oerro Gordo District Court. </p> <p>This is an action to recover from the defendant certain taxes paid by Ira Fuller, deceased, upon 160 acres of land. It is claimed by the plaintiff, who is administrator of the estate of Fuller, that the land upon which the tax in controversy was paid was not liable to taxation, because it was at that time the property of the United States as part of the public domain, and that Fuller paid the tax in the mistaken belief that he was the owner thereof. There was a trial to the court, and a judgment for the defendant for costs. Plaintiff appeals.</p>

This is an action for a divorce. There was a decree for the plaintiff for a divorce, and for the sum of $450. The defendant appeals from the order requiring him to pay the alimony.

AotioN for the conversion of a draft which plaintiff alleges he sent to defendants, who are attorneys at law, for collection. The district court sustained a demurrer to the petition, on the ground that it appeared, by the averments thereof, that the action was barred by the statute of limitations. Plaintiff appeals.

AotioN in chancery to restrain defendant from enforcing a judgment beholds in Nebraska against property of plaintiff found in that state, which is exempt under the statute of this state. A temporary injunction was allowed upon the petition, which, on a motion of defendant, was dissolved. Plaintiff appeals.

The plaintiff was a brakeman on defendant’s road. He brought this action to recover damages for a personal injury which he sustained in coupling cars at Columbus J unction. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

ActioN in chancery to subject certain lands to sale upon judgments held by plaintiff. There was a decree granting the relief prayed for by plaintiff. Defendant appeals.

The principal defendants constitute the board of supervisors of Greene county, to whom a petition was presented for the establishment of a highway. The prayer of the petition was granted.

Aotion on a policy of insurance on a stock of merchandise against loss or damage by fire. Trial before a jury. Judgment for the plaintiff, and defendant appeals.

AotioN by Elizabeth Stein, appellee, for the recovery of damages on account of a personal injury caused, as is alleged, by a defect in a street-crossing which the defendant city was bound to keep in repair. There was a verdict and judgment for plaintiff. Defendant appeals.

This is an action by Ellis Dunsmore, apjiellee, for damages for the wrongful operation and use of a coal chute on the defendant’s railroad. The plaintiff, who is the owner of a dwelling-house near the railroad, claims that the use of said chute creates a great deal of smoke and dust, which are blown upon and about his house, and that the noise made by use of the chute is a great annoyance. There was a trial by jury, and a verdict and judgment for the plaintiff.

Notion at law. The petition is in two counts, — the first upon a written contract, and the other upon a settlement of claims under the contract. There was a judgment upon a verdict for plaintiff. Defendants appeal.

This is an action at law on a certificate of membership in the defendant company. The certificate was issued to Enoch Johnson, plaintiff’s father, and it constituted him a member of the association.

<p> Appeal from, Emmet Circuit Court. </p>

The plaintiffs seek by this action to recover damages for certain property which they allege was destroyed by fire set out by the engine of the defendant. There was a trial by jury, and a verdict and judgment for the plaintiffs. Defendant appeals.

Action to recover for a personal injury alleged to have been sustained by the plaintiff’s intestate. There was a trial to a jury, and a verdict,and judgment were rendered for the plaintiff. The defendant appeals.

'Appeal from Marion District Court. This is an action in equity. Both of the parties to the action claim to have liens upon eighty acres of land, and the contest is as to the validity of the liens and their priority. The court below decreed that the lien of the plaintiffs was prior and superior to that of the defendants. Defendants appeal.

AotioN to recover, under section 1289 of the Code, for double the value of certain cows killed by one of the defendant’s trains, where it had a right to fence. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

Action upon an account for drugs and medicines sold by Torbert, plaintiff and appellant, to defendant, of tlie value of $111.85.

Notion to recover for intoxicating liquors sold and delivered by the plaintiff to the defendant. The latter pleaded a counter-claim, and sought to recover money paid for the liquors so purchased. Trial to the court, judgment for the defendant, and the plaintiff appeals.

The appellant, Buttschaw, was appointed administrator of the estate of August Miller, deceased. Having fully administered, as he claimed, he applied for an order of discharge. The defendant, William Miller, being a creditor of the estate, and not having been paid, resisted the administrator’s application for a discharge. The court refused to grant the order of discharge, and ordered that the administrator pay the claim of Miller.

Action to recover for money alleged to have been lost by plaintiff through the negligence of defendant. Yerdict and. judgment were rendered for defendant, and plaintiff appeals.

Aotion in equity by tlie plaintiff, claiming to be a junior lienholder, to redeem certain real estate fr,om a foreclosure and sale under a prior mortgage. Neither party being satisfied with the relief granted, they both appeal.

This is a proceeding to ascertain the amount of compensation due to the plaintiff for certain of her land which was 'appropriated by the defendant for right of way upon which to construct its railroad.

Tins is an action at law by which Jones, the plaintiff and appellee, seeks to recover damages of the defendant for the alleged breach of the covenants in a deed of 160 acres of land. There was a trial to the court without a jury, and a judgment for the plaintiff. Defendant appeals.

The appeal in tbis case is taken by the defendant from an order overruling a motion to set aside a judgment and default*

ActioN to recover damages alleged to have been sustained by reason of the fraudulent representations of the defendant, by which the plaintiff, Eliza A. Kerr, was induced to sell and convey certain real estate. The defendant moved that the plaintiff be required to make a more specific statement of the facts constituting the fraud. The court sustained the motion. The plaintiff elected to stand upon her petition. Judgment was rendered against her for costs, and she appeals.

This is an action at law, wherein the plaintiff, as trustee of the beneficiary named in a certain certificate of membership issued to one Hewitt in the defendant association, seeks to recover a judgment of $5,000 upon the certificate. There was a trial to a jury, and judgment and verdict were rendered for tbe plaintiff for the amount claimed. The defendant appeals.

AotioN in equity to subject certain real estate, the legal title to which is in defendant M. L. Wolf, but who holds the same, as is alleged, in trust for her co-defendant, John S. Wolf, to a judgment held by plaintiffs against said John S. Wolf. The circuit court sustained a demurrer to one count of the answer, and defendants appeal.

The plaintiffs, Pratt and others, are.the owners of certain lots abutting on Perry street, in the town of Adel, and brought this action to recover damages caused by the construction and operation of the defendants’ road along said street. It is stated in the petition that said road was constructed without the consent of the plaintiffs or their grantors, and without condemnation proceedings, or the ascertainment in any way of the damages sustained by the plaintiffs.

This is an action in equity, and involves the question as to the priority of a mortgage upon certain real estate made by the defendant Lutldewiez to the plaintiff over a mortgage made by the'same party to the defendants John S. Davis & Sons. The court below held the plaintiff’s mortgage to be the prior lien. John S. Davis & Sons appeal.

This is a proceeding by writ of certiorari to test the legality of the action of the board of supervisors of Johnson county in attempting to levy a ditch tax upon tracts of land owned by the plaintiffs, respectively. The court, upon hearing, dismissed the plaintiffs’ writ, and they appeal.

This is an action upon a certificate of membership issued by defendant to one Cecilia Tobin, wife of the plaintiff, who is the beneficiary. The defense is based on the failure of said member to pay certain assessments in the year 1S84.

Original Proceeding on Habeas Corpus. Appeal from order of JohnW. Harvey, Judge of'the District Court of the Third JudicialDistrict. As these causes involve substantially the same questions, they will be determined in one opinion. Tlie first case is an appeal by the defendant from a judgment of conviction upon an indictment for burglary. .

Actions in chancery to quiet the title of plaintiff to certain separate tracts of land, and to set aside tax deeds under which defendants claim title. The relief claimed in the different actions was allowed in the respective decrees thereon rendered, upon condition that plaintiff pay in each case the taxes paid by the respective defendants, together with the penalties, the same as if the taxes had never been paid, and were now to be paid to the county.

Action at law by Adelia M. Hooper, appellee, to recover upon the covenants of warranty in a deed executed by defendant conveying certain lands to plaintiff. The cause was tried without a jury, and judgment rendered for plaintiff. Defendant appeals.

Action in chancery to declare void and set aside certain tax deeds, and to recover the land held thereunder, and the value of the rents while it was in possession of defendants. The tax deed was declared void in the final decree of the court, and a judgment was entered against plaintiffs for the amount of the taxes paid on the land by defendants, vyith interest, costs and penalties, as in case of redemption from tax sales. Both parties appeal.

ActioN to recover a bounty claimed to have been offered by the defendant for the destruction of wolves and wild-cats in said county. Trial by jury, who, under the direction of the court, found a verdict for the plaintiffs, and from the judgment rendered thereon the defendant appeals.

Action to quiet the title to lands. There was a decree granting the relief prayed by plaintiff, and a judgment in favor of defendants was rendered for the amount of taxes on the land paid by them, with interest, costs, and penalties, which is made a lien upon the lands. Both parties appeal.

Action upon a promissory note. There was a trial by a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

<p> Appeal from Story Girouit Court. </p> <p>Action on a promissory note. Verdict and judgment for defendants. Plaintiffs appealed.</p>

The defendant was convicted of the murder of 'William Doran, and sentenced to confinement in the penitentiary at hard labor for life.

ActioN of replevin brought against Fitzgerald, sheriff, to recover tbe possession of two horses which he had seized, and was about to sell, under a chattel mortgage. Lamb and another, tbe mortgagees, intervened. There was a judgment upon a verdict for plaintiff. Defendant and the intervenors appeal.

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.

<p> Appeal from Lyon Circuit Court. </p> <p>AotioN in replevin. There was a trial to the court, and judgment was rendered for the defendant. The plaintiff appeals.</p>

The petition states that in “June, 1883, the defendant, by artifice and false promises, by false pretense of affection for her, and by false promises of marriage, and other artifice and false promises, did seduce and debauch ber, she being at the time an unmarried female of previous chaste character.” The defendant denied the allegations in the petition. Trial by jury, verdict and judgment for the plaintiff, and defendant appeals.

<p>1. Landlord and Tenant: assignment of lease: Release of tenant by acts of landlord. Plaintiff’s testate leased to defendants a hotel for a term of five years. The' lease provided that the lessees should not assign it without the consent of the lessor, and such consent was . refused when asked. Nevertheless they did assign their lease to B., who thereupon took possession of the property and used it for the purposes of a hotel, and the lessor, with knowledge of such assignment, and of B.’s occupancy of the property, accepted payments of rent from him, and receipted to him therefor,'and, at his request, made repairs and alterations of the property, and finally, upon B.’s abandonment of the property, bought of him the personal property used in the hotel, and ered-. ited the price thereof upon the rent, and thereupon took possession and occupied the property for the remainder of the term. Meanwhile the lessor made no demand on the original lessees for rent, and gave them no notice that he intended to look to them for payment. Held that these acts amounted to an acceptance of B. as a tenant, and a release of the original tenants, and that a recovery could not be had against them for ' rent accruing after the assignment.</p> <p>2. Practice: opinion of court: error without prejudice. An erroneous opinion of the court, expressed on the hearing of a motion pending a jury trial, will not be ground for reversal, where the verdict is found upon the issues of fact presented to them in the instructions, and there is no reason to believe that the jury were in any way influenced by the opinion thus expressed.</p>

Appeal from Clarice District Court. DEFENDANT was indicted and convicted of grand larceny, and now appeals to this court.

<p> Appeal from Greene District Court: </p> <p>This is a suit in equity, and involves the question of the priority of conflicting liens upon certain real estate. There was a decree in the district court for the plaintiffs. Defendants appeal.</p>

The plaintiff seeks by these actions to quiet his title to certain real estate. His alleged title is founded upon a sale for the delinquent taxes upon the land for the years 185S and 1859. The sale for said taxes was made by the treasurer of O’Brien county on the 20th day of December, 1860. The defendants claim that the sale was void because it was unauthorized by law. There were decrees in the court below for the defendants. Plaintiff appeals.

The partnership of Greenbaum, Schroeder & Co. was for many years engaged in mercantile business in the city of Burlington, in this state. They also carried on a branch store at Lincoln, Nebraska. On the 14th day of May, 1879, the said firm, being insolvent, executed a chattel mortgage or deed of trust on their entire stock of goods and other property to secure certain preferred creditors. These secured claims amounted in the aggregate to about $40,000.

PoRCible entry and detainer, brought before a justice of the peace, which was removed to the circuit court on a plea of title. The cause was tried without a jury, and judgment rendered for plaintiff. Defendant appeals.

2. Agency: attorney at law: authority: ratification. While an attorney at law may not have authority to accept a deed for mortgaged land in satisfaction of a judgment of foreclosure, and bind his client by the terms of the conveyance, yet the client cannot, while retaining the land, repudiate the terms of the conveyance on the ■ ■ ground that his attorney exceeded his authority. Appeal from Dubuque Circuit Court.

Appeals from Marshall, Circuit Court. Tiiese act;'ms were brought against George See, as former guardian (ff the plaintiff Sophronia Gillespie, formerly Soplironia See,' and as former guardian of R. D. See and Conway B. See, of whom the plaintiff in the second action, J. L. Carney, is now guardian. The actions were also brought against the defendant A. B. Pierce, as surety for George See, upon his guardian’s bond.

W. F. Oonead, Judge. ActioN to declare a distillery p, nuisance, and to enjoin the manufacture, the selling, and keeping for sale therein, of all intoxicating liquors. A decree in accord with the prayer of the petition was rendered against defendant Kidd, after a trial on the merits. He appeals to this court.

AotioN to recover damages for personal injuries sustained by plaintiff, caused by a defective sidewalk. Trial by jury, verdict and judgment for the plaintiff, and defendant appeals.

This is an action to test the riglit of defendant to bold tbe office of township trustee. The district court entered judgment for plaintiff, and defendant appeals.

AotioN in chancery to enjoin and restrain defendant from maintaining a nuisance by keeping a place for the unlawful sale of intoxicating liquors. A final decree was entered granting the relief prayed for in the petitiou. Defendant appeals.

The defendants are the directors of the district township of Chariton, and the relief asked by the plaintiff is that a mandamus issue commanding the defendants to remove a school-house in said district township. The relief asked was refused, and the plaintiff ajipeals.

The plaintiff is the owner of a lot in-the city of Des Moines, upon which there is a dwelling in which he resides with his family.

<p>ceumg UUM, uie scuuur uirectiur» j.ii tins üíioc auteu xncgariy ru ijuxüjuasmg-</p> <p>a new site for a school house, and in expending money in erecting a house on the site, yet held that, in the absence of any fraudulent intent on their part, a resident tax-payer of the district could not, as relator, maintain an action in the name of the district against the directors to recover a personal judgment for the money so expended; certainly, at least, not without first making a demand on the proper officers of the district to bring such action; also, that he could not enjoin the further expenditure of money to fence the site so purchased, nor ask the courts to require the hoard to relocate the house; but that his remedy was by appeal from the action of the directors to the county superintendent.</p>

Aotion to recover for the breach of warranty of soundness in the sale of a, horse. There was a judgment upon a verdict for defendant. Plaintiff appeals.

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

At the general election in the year 1884, -the plaintiff was duly elected to the office of circuit judge, in the second circuit of the sixth judicial district in this state. He entered upon the discharge of his duties as such judge, and received the salary provided by law for said office until January, 1887, at whicli time a law went into effect which abolished the circuit court as one of the courts of the state.

This is an appeal by plaintiffs from a final order made by the circuit court in a supplemental proceeding for the enforcement of a judgment. The facts are stated in the ppinion.

AotioN in equity to set aside a judgment of foreclosure, and a sheriff’s deed executed in pursuance of a sale thereunder, and to quiet in plaintiff the title to the real estate covered thereby. The superior court overruled a demurrer to the petition, and, defendant electing to stand on his demurrer, judgment was entered for plaintiff in accordance with the prayer of the petition. Defendant appeals.

Action upon a policy of insurance. A demurrer to the petition was sustained, and judgment rendered for defendant. Plaintiff appeals.

AotioN in equity to subject real estate to the payment of certain judgments, wbicb is resisted because of the claimed homestead character of the real estate. The relief was granted, and the defendants appeal.

This is an action upon a promissory note. The defendant, Anderson, was charged as guarantor. There was a trial by the court without a jury, and a judgment was rendered few tire defendant. Plaintiff appeals.

The defendant was indicted for keeping a nuisance in using a building in the sale of intoxicating liquor. The trial resulted in a verdict of guilty, and a judgment of a fine of $400. The defendant appeals.

R. 0. Henry, Judge. INFORMATION charging the defendants with the crime of willful trespass. There was a trial by jury; verdict, guilty; judgment; and defendants appeal.

The defendants filed a motion in tbe circuit court to set aside the probate of the will involved in this case. The motion was overruled. Defendants appeal.

<p> Appeal from, Wapello District Gourt. </p> <p>These are actions in equity by which the plaintiffs seek to enjoin the defendants from maintaining a wooden building, and from completing the erection of a brick building, upon land which the plaintiffs allege is within their right of way, and near to their railroad tracks. There was a hearing in the court below upon an application for a temporary injunction. The injunction was allowed as to the brick building, and denied as to the wooden building. The defendants appeal.</p>

<p> Appeal from Mahaska District Court. </p> <p>DEFENDANT was indicted, and convicted of robbery, and now appeals to this court.</p>

<p> Appeal from BlaeTc HawJc Circuit Court. </p> <p>AotioN in chancery to abate a nuisance caused by the construction of a mill-race in a street of the plaintiff. There was a decree for plaintiff, granting the relief prayed for. Defendant appeals.</p>

This is an action in equity for an injunction to restrain the appellant, and other parties who1 were made defendants, from selling intoxicating liquors upon certain premises owned by the appellant. A hearing was had, which resulted in a decree against all of the defendants, at their costs. B. Kingsbaker appeals.

<p>Appeal from Oseaola District Gov/rt — Hon. 0. IT. Lewis, Judge.</p> <p>The facts are stated in the opinion.</p>

This is an action upon a policy of insurance upon a dwelling-house, which the plaintiff alleges was destroyed, by fire. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

Action in equity to abate a mill-dam, and for the recovery of damages. There was a decree for the jflaintiff. The defendant appeals.

This is an ordinary action for the recovery of a commission for the sale by plaintiff of a parcel of real estate for defendant. The district court rendered judgment for the amount claimed, and defendant appeals.

<p>1. Appeal: practice: CERTipyiNS evidence: time. In order to a trial de novo in this court, appellant must show affirmatively that the transcript of the short-hand reporter’s notes was properly certified within six months after the entry of the judgment appealed from. (Merrill v. Bowe, 69 Iowa, 653, followed.;</p>

AotioN upon a promissory note made by the defendant, George W. Mason, to the plaintiff, Thomas H. Mason. The defendant averred that the note was was given without any consideration. lie also set up a counter-claim against the plaintiff, in the nature of an account for boarding the plaintiff, and certain laborers in his employ, and for teaming, and for money advanced, for the plaintiff. There was a trial by jury, and a verdict and judgment for the defendant. Plaintiff appeals.

G-eo. W. Croziee, Judge. The plaintiff J. W. Moody brought an action against the defendant 'W. W. Dryden and others to foreclose a mortgage upon an undivided half of certain mill property. After-wards other actions were consolidated with it. The Oskaloosa National Bank intervened, as claiming to hold as collateral the notes secured by the Moody mortgage. G-.

Geo. P. Wilson, Judge. Aotion in equity to determine the title to real estate Judgment for the plaintiff, and the defendants appeal.

.DEFENDANT was indicted and convicted for keeping a saloon wherein he sold intoxicating liquors. He now appeals to this court.

AotioN in replevin to recover certain bogs distrained by defendant. There was a judgment for plaintiff, and defendant appeals. The facts are stated in the opinion.

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

AcjtioN in equity by a subcontractor to enforce a mechanic’s lien. Judgment for the plaintiff, but, being dissatisfied with the amount of tlie judgment, the plaintiff appeals.

The defendant in this proceeding brought an action in the circuit court against T. J. Warren, George W. Gunnison, and this plaintiff. The action was for an alleged breach of a written contract. Carey and Gunnison were the principals in the contract, and plaintiff was their guarantor. Gunnison made defense, and on the trial of the issue tendered by him there was a verdict and judgment in his favor, which was subsequently reversed in this court.

J. K. JOHNSON, Judge. This is an equitable proceeding, and involves the rights of the contending parties to a leasehold interest in a certain store-room in the city of Oskaloosa. There was a decree for the plaintiff, and also for W. R. Cowan, Ben McOoy and Mitchell Wilson. The defendant the Mahaska County Bank appeals.

<p>Appeal from Sioux Cvreioit Court — Host. D. D. MoOallum, Judge.</p>

David RyaN, Judge. AotioN by ATTACHMENT. Garrett intervened, claiming tlie property attached. After various proceedings, a judgment upon default was rendered against plaintiffs, in favor of tlie intervenor, from which plaintiffs appeal.

<p>1. Pleading: no belief asked: dismissal. Where no judgment or other relief is asked against one of several defendants, the petition may properly be dismissed as to him.</p> <p>2. Chattel Mortgage: intebest of mortgagor: levy on. A mortgagor of personal property has no such interest therein as can be levied upon and sold, and no lien can be obtained by the process of such levy. (Gordon v. Hardin, 33 Iowa, 550, and Vanslyclcv. Mills, 34 Id., 375, followed.)</p> <p>3. Levy: belease of eeleases lien. The lien on personal property secured by a levy is necessarily released when the levy is released, and a reservation of the lien is of no effect.</p> <p>4. Garnishment: no lien on property secured. By the process of garnishment no lien is secured upon the property in the hands of the garnishee, but only a personal obligation of the garnishee. (See Mooar v. Walker, 46 Iowa, 104.)</p> <p>5. Chattel Mortgage: mortgagee in possession: garnishment: equitable jubisdiction. Where mortgaged chattels are in the hands of the mortgagee, and he has been garnished by a creditor of the mortgagor, or by a subsequent incumbrancer, the remedy at law is adequate and complete, and there is no occasion to resort to equity, unless, possibly, the mortgagee is insolvent and is squandering the property.</p>

Lot Thomas, Judge. Action in chancery to enjoin defendants from committing trespasses by breaking and entering into a hall or room in a building owned by plaintiff. A temporary injunction was allowed, which, after answer, upon motion supported by affidavits, was dissolved. Plaintiff appeals.

The defendant was indicted for the crime of larceny. There was a trial, which resulted in a verdict of guilty, and a judgment of imprisonment for two years and six months. He appeals.

<p>Appeal from Jaókson Oireuit Oourt — HoN. A. J. Leeeing-well, Jibdge.</p> <p>This is an action for divorce. There was a decree for the plaintiff, and the defendant appeals.</p>

Appeal from, Woodbury District Gourt. Action in equity to determine tbe ownership of certain real estate. Judgment for the defendants, and plaintiff appeals.

Apjpeal from, Des Moines District Court. ActioN in equity to restrain the defendants from maintaining a private nuisance. On the final hearing judgment was entered perpetually enjoining defendants from maintaining the alleged nuisance, and they appeal.

Pottawattamie Circuit Court. Proceedings to probate tbe will of Jacob Smith, the plaintiffs contesting it. By the final order of the court below, it was admitted to probate. Plaintiffs appeal.

O. H. Lewis, Judge. These actions are in equity, and involve the title to 160 acres of land in Woodbury county. The plaintiffs claim to be the owners of tbe whole tract, and the defendant Early and the Blair Town Lot & Land Company each claim to own eighty acres thereof by conveyance from Mary A. Ingalls, who is the daughter-in-law of plaintiffs’ grantor.

D. J. Line-iian, Judge. Action to partition real estate. A demurrer to tbe petition was sustained, and plaintiff appeals.

The defendant is a bai-ber, and carries on his business in a shop in the city of Oslcaloosa. He was indicted, tried and convicted for refusing to shave another in his said shop. He appeals.

AotioN to recover specific personal property, wbicb tbe petition states the defendant, as sheriff, bad levied upon and taken possession of under an attachment. The petition stated that the plaintiff was the head of a family and a farmer, and that the property was exempt from attachment because it constituted a portion of the property with which he habitually earned his living.

Lot Tijomas, Judge. AotioN in chancery to quiet the title of certain lands in plaintiff. The defendant Weil answered, denying the allegations of the petition, and filed a cross-petition setting up title in himself, which was dismissed, and he appeals.

O. E. Couch, Judge. The defendant, Maggie Behm, was convicted of the crime of manslaughter, and sentenced to imprisonment in tbe penitentiary for the term of one year. She appeals.

Appeal f rom, Buchanan District Court. Action at law to recover the value of a car-load of wheat which was destroyed by fire on one of the tracks of the Burlington, Cedar Rapids & Northern Railroad Company at the city of Independence, in this state. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendants appeal.

The defendant was convicted of the crime of selling intox-cating liquors contrary to law, and he appeals from the judgment pronounced against him.

<p> Appeal from Blade Hawh Circuit Court. </p> <p>Notion in equity. From the judgment the plaintiff appeals.</p>

A. B. ThorNell, Judge. ActioN in chancery to enjoin the execution of a sheriff’s deed upon a sheriff’s sale of a lot, and for a decree declaring the judgment not to be a lien thereon. Upon the final hearing plaintiff’s petition was dismissed, and she appeals.

<p>1. Mortgage: non money to pay first lien: prior sale on second lien: record notice: subrogation. L. was owner of the land in question, subject to a first mortgage to S., and a subsequent judgment against himself. Under the subsequent judgment the land was sold, and the title under the sheriff’s deed passed to defendant. After the sheriff’s sale L. obtained from plaintiff a loan- (so pay off the mortgage to S., and made to plaintiff a new mortgage on the same land, and the mortgage to S. was canceled. Plaintiff had not at the time any actual knowledge of the judgment, but it was of record, and, though the lien index «showed that it was satisfied, without statjng how, the judgment docket showed that it was satisfied by the sale of *the land. Held—</p> <p>(1) That plaintiff was bound to take notice of these facts, and that his negligence in failing to do so did not entitle him to have the cancellation of the mortgage to S. set aside, and to be subrogated to the rights of S. under said mortgage as a first lien on the land.</p> <p>• (2) That in such proceeding it was immaterial whether or not defendant ha’d knowledge of plaintiff’s subsequent mortgage,</p>

<p>. 1. Malicious Prosecution: defense: advice of counsel. The advice of counsel does not necessarily shield a person against a charge of malicious prosecution; but it will have that effect if the facts acted upon axe fully and correctly stated to counsel, and if there is nothing in the case to evince a want of good faith.</p>

Gr. W. Ruddiok, Judge. This is a proceeding in bastardy, in which the defendant is charged with the paternity of a child of which it is alleged one Mary Arns is pregnant. The defendant, by his answer, denied being the father of the child, and he attached to his answer certain interrogatories propounded to Mary Arns, and demanded that she be required to answer the same.

J. B. Ole-laNd, Jtidge. This is an action in equity by wbicb the plaintiff seeks to enjoin the collection of a tax voted in Grarfield township, Hancock county, in aid of the construction of the Cedar Rapids, Iowa Falls & Northwestern Railroad. A motion was made to strike out certain parts of the petition, which motion was sustained. Plaintiff appeals.

O. B. Ayees, Judge. The defendant was accused of tbe crime of nuisance, committed, as was alleged in the indictment, by keeping a building and place in which he kept intoxicating liquors, with intent to sell the same contrary to law. On the trial there was evidence which tended to prove that he kept a place in which he kept and sold cider, manufactured from apples, and that the same was intoxicating.

- Action in equity to foreclose a chattel mortgage executed by A. H. Barnes & Sons to the plaintiff. Seig & Williams were made defendants upon the ground that, as the plaintiff claimed, the last-named partnership was a member of the firm first above named.

ActioN to recover for an injury to the plaintiffs buggy and horse, alleged to have been sustained by reason of the negligence of the defendant. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

Aotion upon a judgment of the district court of the territory of Dakota in and for the county of Yankton. There was a trial to the court without a jury, and a judgment was rendered for the plaintiff for some six dollars, being the amount of the costs adjudged against the defendant by the Dakota court. The plaintiff appeals.

C. E. Loof-bourow, Judge. This is an action for tbe foreclosure of a mortgage. The defendant John E. Hume, by an answer and cross-bill, claims that he is the owner and holder of a mortgage upon the land which is a superior lien to that of the plaintiff.

ActioN for an injunction to restrain the defendant Hamilton, as mayor of the town of Sigourney, and his successors in office, from enforcing a certain judgment rendered against tbe plaintiff in tbe mayor’s court. A temporary injunction was granted, and on motion it was dissolved. From the order dissolving the injunction tbe plaintiff appeals.

Geo. OaesoN, Judge. This is an action for damages for the alleged seduction of the plaintiff’s daughter. There was a demurrer to the petition, which was sustained, and the plaintiff appeals.

Appeal from, Lucas District Court. ActioN to quiet the title to land. There was a decree in the district court for plaintiffs. Defendants appeal.

Appeal from Dubuque District Court. IkdictmeNT for larceny from the person of another. Trial by jury; verdict and judgment. The defendant appeals.

AotioN at law to recover for money and securities wrongfully obtained by defendant from plaintiff’s intestate during bis life-time, through persuasion and undue influence, and by taking advantage of his incapacity. There was a judgment upon a verdict for plaintiff. Defendant appeals.

D. EyaN, Judge. M. L. May filed an information, under oath, before a j us-tice of the peace, in which he charged that certain intoxicating liquors were kept in a certain building, which was described in the information, and that said liquors were owned by the defendant, John T. Blair, and were kept by him with intent to sell the same in violation of law. The justice thereupon issued a search warrant upon which the liquors were seized.

AotioN upon a policy of fire insurance. There was a trial to a jury, and verdict and judgment were rendered for the defendant. The plaintiffs appeal.

W. R. Eewis, ‘ Judge. The plaintiff and defendants are devisees under tbe will of Philip Wagner, and this action was brought to obtain partition of certain real estate belonging to said Wagner at his death. There was a judgment for the plaintiff, and the defendants appeal.

<p>1. Will: REPUGNANT clauses: life annuity limited by subsequent provision. In construing a will, the intention of the testator as expressed in the will must prevail; and, to ascertain this intention, all the provisions of'the will must be considered; and when there is an irreconcilable repugnancy between two provisions, the one which is last expressed in the will must prevail, as being the latest expression of the testator’s intention. (See Heidlebaugh v. Wagner, ante, 601.) Accordingly, where certain annuities were, in the first part of the will, devised to certain named persons for life, hut such annuities were not made a charge on the real estate, and it was clear from subsequent provisions of the will that the testator intended that the estate should be closed up by the trustees at the end of ten years from his death, and the property conveyed to the beneficiaries, held that there was such a repugnancy between these provisions that both could not stand, and that the annuities ceased at the end of the ten years.</p>

George P. WilsoN, Judge. AotioN to partition a lot in the city of Crestón, brought by the plaintiff as guardian of two minors. By the decree of the court below, partition of the property was made, alloting equal shares to the defendant and each of the plaintiffs. Defendant appeals.

J. K. JohksoN, Judge. The defendant Penquit was a township clerk, and this action was brought on his official bond; the breaches alleged being that he had failed to account for all money which liad come into his hands by virtue of his office. The defendants, as an affirmative defense, pleaded a settlement with the township trustees. Trial to the court, judgment for the defendant, and the plaintiff appeals.

AotioN to recover the value of a mare, alleged to have been so injured through negligence in breeding her to defendant’s horse, as to cause her death. There was a judgment upon a verdict for plaintiff. Defendants appeal.

Action upon the official bond of a justice of the peace to recover damages for wrongfully issuing an execution upon a judgment from which it is alleged an appeal had been taken to the district court. There was a trial by the court without a jury, and a judgment for the defendant. Plaintiff appeals.

Appeal from Minggold District Court. AotioN to redeem from tax sale. The court dismissed the plaintiff’s petition, and he appeals.

This is a controversy between creditors involving the priority of the levy of an execution over the levy of an attachment. Ajipellants were the execution plaintiffs, and the First National Bank of Dubuque was the plaintiff in the attachment proceeding. There was a trial to a jury. When the evidence had been introduced, the court instructed the jury to return a verdict for the defendant, which was done, and a judgment was rendered thereon. Plaintiffs appeal.

W. R. Lewis, Judge. This is an action to recover wages for farm labor. It was brought before a justice of the peace, where a trial was had, which resulted in a judgment for the plaintiff. The defendant appealed to the district court, where a trial was had to a jury. There was a verdict and judgment for plaintiff, and defendant appeals.

Action to recover for burning a rick of hay and some fences. The action was brought before a justice of the peace, and judgment was rendered for the plaintiff. The defendant appealed- to the district court, and, by direction of the court, a verdict was rendered for the defendant. The plaintiff appeals.

The defendant was accused of the crime of murder in the first degree, committed in tbe killing of one Hugh Moist. ITe was tried by a jury, who found bim guilty of manslaugli-ter, and the distinct court sentenced him to a term of imprisonment in the penitentiary, and from that judgment he appeals.

AotioN to recover half the value of a party wall. A demurrer to a count of plaintiff’s reply to defendant’s answer was overruled. From this decision defendant appeals.

Ajpfeal from Scott District Court, PlaiNtiff filed a claim against the estate of which defendant is administrator, and caused defendant to be served with an original notice, which informed him that the claim would be for hearing at the February term, 1886, of the district court; the matter of the settlement of the estate having been previously transferred from the circuit to the district court.

Marous Kav-awagh, Judge. MaNDAmus to compel defendants to issue to plaintiff, who is a pharmacist, a renewal of a permit to practice pharmacy. A demurrer to the petition was sustained by the court below. Plaintiff appeals.

<p>1. Assignment: stipulation against: waiver. A contract made by-defendant to convey land to B.. upon the payment of certain installments of purchase-money and the execution of a mortgage by B. to secure the balance, provided that it should not be assigned without the consent of the defendant, but it was assigned to plaintiff without such consent. Held that, by accepting from plaintiff subsequent installments of the purchase-money, defendant waived the provision against assignment, and could not set up a breach of it as a defense to an action for specific performance, brought by plaintiff, upon his performing the conditions obligatory upon B. in the original contract. • ■</p> <p>2. Payment: to particular person: waiver. Notes given for the installments of purchase-money for land to be conveyed as per contract were made payable at the office of W., who was a lawyer, and a member of the firm of N. & W. The notes were left with the firm for collection. Afterwards the firm was dissolved, and N., continuing in business, kept the notes for collection, and payment was made to him. Held that the owner of the notes could not repudiate this payment on the ground that it was not made to W., for, by leaving the notes in the hands of N. & W. for collection, N. was authorized to bind him by receiving payment.</p>

The plaintiff is the administrator of Cameron Plummer, who was a brakeman in the employ of the defendant, and who, as the plaintiff claims, was killed by' reason of negligence of the defendant. Trial by jury, verdict for plaintiff, and judgment. The defendant ajjpeals.

AotioN upon a promissory note and mortgage executed by the defendant John Bowman. There was a decree for the plaintiff, and the defendant Bowman appeals.

W. R. Lewis, Jlodge. Notion iu chancery to restrain defendant from destroying a passage-way for cattle and teams, constructed under defendant’s railroad, for the use of plaintiff. There was a decree granting the relief prayed for in the petition. Defendant appeals.

This is an action for the possession of a colt, or for the value thereof. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

J. J. Ney, Judge. Action upon an injunction bond. There was a demurrer to the plaintiff’s petition, and the same was sustained except as to attorney’s fee, and from the order the plaintiff appeals.

ActioN upon a promissory note, executed to the plaintiff’s intestate, J. P. Schneider, by the defendant and one Leipold. There was a trial to the court, and judgment was rendered for the defendant. The plaintiff appeals.

J. B. ClelaNd, Judge. ActioN for a divorce and custody of the children of the parties. The court granted a divorce, and gave the custody of the eldest child to the defendant, and the youngest to the plaintiff. The defendant appeals.

¡8 H. Eairall, Judge. PlaiNtipe is the guardian of her husband, who is insane. She filed an application in the district court for an allowance out of the estate of her ward for the support of herself and her minor children. lntervenor, who is a creditor of the estate, appeared, and resisted the application. The district court denied the claim, and from that order plaintiff appeals.

D. D. Miracle, Judge. ActioN IN equity. The petition states that the Marshall County Canning Company was organized in 1882, under the laws of this state, by certain persons, (naming them,) with a paid-up capital of $6,000, for the purpose of raising and packing corn, tomatoes, etc.; that in September and October, 1883, said corporation was solvent, and became indebted to the plaintiffs; that in January, 1885, said corporation, being insolvent, did, in pursuance of a vote of…

Lot Thomas, Judge. This is an action at law by which the plaintiff seeks to recover of the defendant the value of a stock of millinery goods. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendants appeal.

-J. K. JohNSON, Judge. Action in chancery to correct a mistake in a mortgage which shows the conveyance of a tract of land other than the one intended to be described and conveyed. The final decree denied the relief prayed for by plaintiff. The plaintiff and the Iowa State University, defendant, the mortgagee, appeal.

Action to recover upon a certificate issued by defendant to Jacobus Meyeringh, plaintiff’s intestate, showing that he was a member of the Iowa Legion of Honor, and that, at his death, $2,000 should be paid to his legal heirs. G-. F. Breithaupt and the heirs of Meyeringh intervened separately, claiming the amount of the benefit. Upon a trial, without a jury, the circuit court rendered judgment for Breithaupt. The heirs appeal.

This is an action of mandamus to compel tbe directors of the independent district of Templeton to take action upon a proposed change of the boundaries of said district. There was a demurrer to the petition, which was sustained. Plaintiff appeals.

D. RyaN, Judge. Plaintiff brought an action for the recovery of damages for an injury to a horse, caused, as he alleged, by a gravel pit, which defendant unlawfully and negligently dug in a public highway. When the_ evidence was closed, the district court directed the jury to find for defendant.

John W. Harvey, Judge. Action in chancery to foreclose a mortgage. There was a decree of foreclosure, but it provides that a part of the land shall be charged with less than its proportion of the mortgage debts. Plaintiffs appeal.

G. W. Ruddigk, Judge. Action on. a promissory note. Judgment for plaintiff, and defendant appeals. The amount in controversy being less than $100, a single question was certified upon which it was deemed material to have the opinion of this court, which is sufficiently referred to in the opinion.

L. O. ELatoh, Jtidge. Aotion to restrain a nuisance, caused by selling and keeping for sale in a certain building intoxicating liquors. A temporary injunction was asked, which was refused, and the petition dismissed, and the plaintiff 'appeals.

The plaintiff seeks by this action to recover from the city of Keokuk certain taxes paid for macadamizing a street, which taxes were levied upon certain real estate of the plaintiff* abutting upon the street upon which the improvement was made. There was a trial to the court without a jury, and a judgment was rendered for the plaintiff for the amount claimed. Defendant appeals.

ActioN at law to recover the balance due for cattle sold by plaintiff and his assignor to defendant. There was a judgment in the circuit court for plaintiff. Defendant appeals.

AotioN for damages for a personal injury sustained by plaintiff while in defendant’s employ as a laborer on a construction train. There was a verdict and judgment for plaintiff. Defendant appeals.

This is an action in equity, in which the plaintiffs seek to establish a mechanic’s lien for lumber furnished for buildings and other improvements upon a tract of land owned by the defendant Tharp. The defendants Potter and Oox each held a mortgage upon the property. These mortgages were executed by Tharp. The mortgagees filed moss-petitions, asserting their mortgage liens, and Tharp answered the cross-bill of the defendant Oox by claiming that it was without consideration.

Plaintiff and the defendants, except Alex. Brown, are the children and heirs at la.w of Martha Wilson, deceased, late of Jasper county. The said Martha Wilson died intestate on the 16th of February, 1884. For some months before her death, she lived with plaintiff and her husband, and after her death they made a claim for compensation for her board, and for their services in nursing and caring for her during her last sickness.

This is an action upon the official bond of T. B. Brown, sheriff of l^onroe county, for damages alleged to have been sustained by plaintiff by reason of the wrongful levy of an execution upon a stock of merchandise. There was a trial by jury. When the evidence for the plaintiff had been introduced, the defendants moved the court to take the case from, the jury, and render judgment for the defendants. The motion was sustained. Plaintiff appeals.

Aotion in equity to quiet title to certain town lots in the town of Columbus Junction. There was a decree for the defendant. The plaintiff appeals.

Appeal from Polh Circuit Court. ActioN to determine the ownership of real estate. There was a judgment for the defendants, and the plaintiff appeals.

Appeals from Page Circuit Court. The plaintiffs in tlie several actions are judgment creditors of the defendant H. N. Nelson, and they brought their actions in equity to subject certain real estate, the title to which was in defendant E. G-. Bowman, to the satisfaction of their judgments.

<p>Appeal from Dubuque District Qourt.</p> <p>Action in equity. Judgment for the defendants, and the plaintiff appeals.</p>

Plaintiff leased to tbe defendant certain real estate for tbe purpose of mining and removing coal therefrom. For the coal so mined tbe defendant agreed to pay one-fourth, of one cent per bnsliel, or six and one-fourth cents per ton, during the existence of tbe lease, which was for the period of ten years. The defendant had the option during said period to parchase the land at a named price.

ActioN in equity to redeem real estate from tax sale. Plaintiff was tlie owner of an undivided one-half of the property, and was a minor when it was sold. After the treasurer’s deed was executed and recorded, defendant took possession of the property, and made permanent improvements on it. The action was brought under section 893 of the Code, and the judgment establishes plaintiff’s right to redeem, and determines the amount necessary to be paid in making the redemption.

AotioN upon a promissory note, executed by Anderson Pros. Mining & Railway Company, as principal, and tbe defendant, Gilford, as surety. There was a trial to a jury, and verdict and judgment were rendered for the defendant. The plaintiff appeals.

<p>Attachment: knowledge by sheriff on claim of third party: evidence.</p>

Action for damages alleged to have been sustained by reason of the occupancy of a street in the town of Adel, upon which the plaintiff owns an abutting lot. A vercliot and judgment were rendered for the plaintiff. The defendants appeal.

<p> Appeal from Palo Alto District Court. </p> <p>Action for specific performance.' Judgment for plaintiff and defendant appeals.</p>

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

Action to recover on a parol lease of a farm for one year.' The defendant pleaded a failure of consideration and a counter claim. Trial by a jury, judgment for the defendant, and plaintiff appeals.

This is a proceeding by certiorari to test the legality of the action of the defendants in levying a special tax on certain tracts of land owned by the plaintiffs, to pay the cost of constructing a ditch. The circuit court dismissed the writ, and from that order plaintiffs appeal.

The defendant, a foreign corporation, was adjudged to be in default, and judgment was entered against it. After the close of the term a motion was filed to set aside the default and judgment which was overruled, and defendant appeals.

This is an action in equity in which the plaintiff seeks the specific performance of an alleged contract for the purchase of certain real estate. The defendant, Sarah Knowles, with whom it is alleged the contract was made, denied that she at any time contracted or agreed to sell the land in controversy to the plaintiff. There was a decree in the circuit court for the defendants. Plaintiff appeals.