Volume 73 — Iowa Reports

John W. Harvey, Judge. Action to recover for an injury alleged to have been done to the plaintiff’s inare by one Olark and one Wilson, as employes of the defendant. There was a demurrer to the petition, and the demurrer was sustained. The plaintiff electing to stand upon his petition, judgment was rendered against him for costs. He appeals.

<p>Appeal from Carroll District Court — Hon. O. F. Loofbourow, Judge.</p> <p>This is an action for the foreclosure of a mortgage. There was a decree for the defendants. Plaintiff appeals.</p>

<p>Appeal from, Linn District Gourt — Hon. James I). Giffen, J udge.</p> <p>This is an action by wbick the plaintiff seeks to enjoin the collection of a judgment against him, which he alleges to be void. There was a decree in the court below for the plaintiff, and. defendants appeal.</p>

Action under tlie statute to recover of the defendant a penalty for refusing to make oath or affirmation to the cor rectness of the inventory of his taxable property as given by him for taxation. There was a trial to the court, and judgment was rendered against tbe defendant as claimed. He appeals.

D. D. Miracle, Judge. Action on an injunction bond; trial to the court; judgment for the defendant, and the plaintiff appeals.

O. E. Couch, J udge. This is an action on a guardian’s bond against the sureties thereon. The case was tried to the court without the intervention of a jury, and judgment was entered for plaintiff. Defendants appeal.

Action to quiet title to 120 acres of land in Audubon county. There was a decree for the plaintiff. The defendants appeal.

The plaintiffs, Fred Leicht, H. Eitter, N. Liebarth and Oharles Kahle, each owns and resides upon a lot in the eity of Burlington, and each has paid city taxes upon his lot for several years. Having concluded that their lots are not subject to taxation for city purposes, they bring this action for a decree declaring the taxing of their lots void, and they pray j udgment in their behalf for the several amounts paid by them.

James D. C-if-fen, Judge. The defendant was indicted for murder in the second degree. He was tried, and convicted of the crime of manslaughter, and he appeals.

The plaintiff, Frances A. Oox, brings this action to recover for damages alleged to have been sustained by reason of the intoxication of her husband by liquor sold him by the defendants Newkirk and Kearms. She also asks that she may be allowed a lien upon the lot on which the liquor was sold. There was a trial to a jury, and verdict and judgment were rendered against Kearms for $2,416.66, and the same was made a lien upon the lot.

C. H. Lewis, Judge. This is an action in equity, and involves tbe title to 160 acres of land in Sionx county. There was a decree for the plaintiff, and E. C. Davidson, defendant, and Robert Poole, intervenor, appeal.

Geo. Carson, Judge. Indictment for the larceny of a cow of the alleged value of $!0. Trial by jury; verdict, guilty; judgment that the defendant be imprisoned in the penitentiary; and he appeals.

Action upon a promissory note. There was a verdict for plaintiff, which, upon motion, was set aside, and a new trial ordered. Plaintiff appeals.

James D. Gteeen, J ndge. This is an action in equity by which the plaintiff seeks to establish a vendor’s lien for purchase-money against certain real estate. There was a demurrer to the petition, which was sustained. Plaintiff appeals.

G-. W. Bud-dick, Judge. Action to recover interest due upon a certificate of deposit given to defendant for collection. The cause was tried without a jury, and judgment rendered for defendant. Plaintiff appeals.

<p>Appeal from, Ida District Oourt — Hon. Lot Thomas, Judge,</p> <p>The facts are stated in the opinion.</p>

The petition states that' 'the defendant, at Grand Island, Nebraska, unlawfully, negligently, and with force, assaulted the plaintiff, and did then and there shoot him, whereby one of his eyes was put out and destroyed.

Action for a personal injury to the plaintiff’s intestate, Dennis Haugh, while engaged as the employe of the defendant in coupling cars. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

Action in equity to subject certain real estate to the satisfaction of two judgments obtained by plaintiff against the defendants, James and Mary E. Maroney. Judgment was entered by the circuit court in accordance with the prayer of the petition. The material facts are stated in the opinion. Defendants appeal.

This is an action on account for an alleged balance due plaintiffs for coal sold and delivered by them to defendant. It is admitted in the pleadings that the parties entered into a parol contract, whereby plaintiffs undertook to furnish, at specified prices per ton, all of the coal which defendant should require in its business during the winter of 1884-85. The coal was to be delivered on the track, in car-lots of from one to three cars per day.

The papers filed in this case seem to show an action of replevin. It is stated that the jury found a verdict for the plaintiff, and that judgment was entered thereon, and that both parties appeal, the defendant perfecting his appeal first.

<p> Appeal from Carroll District Court. </p> <p>Action' in equity. From the refusal of tbe county to appoint a receiver, tbe plaintiff appeals.</p>

Action in equity, in which the relief asked is an injunction restraining the defendant from keeping and maintaining a place for the sale of intoxicating liquors. From an order of the court granting a continuance, on the application of the defendant, the plaintiff appeals.

Appeal' from Bremer Disin'iot Gourt — IIon. G. W. Ruddick, Judge. Defendant was indicted and convicted of forgery. His case is now brought here by his counsel.

Action upon a swamp-land warrant executed in 1866. The defendant demurred to the petition, on the ground that plaintiff’s cause of action appeared to be barred by the statute of limitations. The demurrer was sustained. The plaintiff electing to stand upon his petition, judgment was rendered against him for costs. He appeals. ■

The plaintiff and the defendant are owners of adjoining farms. The plaintiff seeks in this action to recover damages of the defendant for making certain ditches upon his (defendant’s) land, whereby the water from certain ponds was discharged upon the plaintiff’s farm, to bis injury. He also demands that the plaintiff be enjoined from continuing to collect water by ditches, and running the same upon plaintiff’s land.

Action to recover for the value of a heifer killed by one of tbe defendant’s trains. There was a trial to a jury, and verdict and judgment were rendered for tbe plaintiff. The defendant appeals.

Action for an order of mandamus commanding the defendant railroad company to receive and transport for the plaintiff a commodity denominated “ New Era Beer.” There was a demurrer to the petition, and the demurrer was sustained. The plaiutiff elected to stand upon its petition, and judgment was rendered against the plaintiff for costs. The plaintiff appeals.

Action to recover for services and aid furnished to a pauper, as plaintiff claims. Judgment for the plaintiff, and defendant appeals.

This action was brought to set aside certain chattel mortgages. The court dismissed the plaintiffs’ petition, and they appeal.

The defendant was indicted, tried, and convicted of the crime of assault with intent to inflict a great bodily injury. He appeals.

<p>Appeal from Scott Circuit Court. — Hon. JounN. Rodgers, Judge.</p> <p>Action to recover for personal injuries sustained by plaintiff while operating a circular saw propelled by steam power, in the employment of defendant. The injuries are alleged to have been caused by defendant’s negligence. There was a judgment upon a verdict for plaintiff. Defendant appeals.</p>

Defendant was indicted and convicted of the crime of committing a nuisance in keeping a saloon for the unlawful sale of intoxicating liquors. He now appeals to this court.

Ajofecd from, MahasJm District Court. Action to enforce a landlord’s lien. A writ for a landlord’s attachment was issued, and was levied upon the defendant's office furniture. The defendant moved to discharge the attachment, on the ground that the property attached was exempt from execution. The court overruled the motion, and from the order the defendant appeals.

<p> Appeal from Jones Girouit Oourt. </p> <p>Action . to obtain a construction of the will of James Blaney.</p>

E. L. Burton, J udge. The plaintiff seeks by this action to recover damages for the value of a mule which, he alleges, was killed by reason of the negligent operation of a train upon the defendant’s railroad. There was a trial by jury, which resulted in a verdict and judgment for the plaintiff. Defendant appeals.

This is a proceeding instituted by the widow of a testator for the determination of the amount of her share of the estate. The judgment and order of the court being adverse to her claim, she appeals.

Lot Thomas, J udge. These appeals involve a question as to the validity of certain tax titles. The plaintiff in one case, and the defendant in the other, are the holders of tax deeds upon certain lands. These suits were not commenced until after the lapse of live years from the execution and recording of the deeds. The district court held that the owners of the patent title were precluded from questioning the validity of the deeds, by reason of the statute of limitations.

The defendant was convicted of the crime of uttering and publishing a false and forged instrument, and sentenced to a term of imprisonment in the penitentiary, and from that judgment he appeals.

J. W. Harvey, Judge. Action in equity to obtain the cancellation of a note and mortgage, and the surrender of the same. The defendant, Missouri B. Morrison, the mortgagee, filed a cross-petition, praj’ing for the foreclosure of the mortgage. The court dismissed the plaintiff’s petition, and granted a decree of foreclosure as prayed by the defendant in her cross-petition. The plaintiff appeals.

<p>1. Mandamus: against school directors: remedy by appeal. Where school directors refuse to grant a petition for the restoration of territory to the district township to which it geographically belongs, when the conditions exist under which the statute (Code, § 179S) makes it their peremptory duty to do so, the petitioners have the right to appeal to the county superintendent, (Code, § 1829,) and, because of this legal remedy, mandamus will not lie to compel them to grant the petition. (Marshall v. Sloan, 35 Iowa, 445, followed.)</p>

Charles H. Phelps, Judge. Action by Martha A. Cooper, appellee, upon a promissory note. A demurrer to defendant’s answer being sustained, he refused to plead further, and thereupon a judgment was rendered against him, from which he appeals.

Action in chancery to redeem from the sale of lands for taxes, and to set aside a tax deed. Upon a trial on the merits, a decree was entered granting the relief prayed for by plaintiff. Defendant appeals.

Action to recover for a personal injury alleged to have been sustained through the negligence of the defendant. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

J. H. Preston, J udge. Action in equity to determine the ownership of certain real estate. Judgment for the plaintiff, and the defendant appeals.

Defendants caused an execution, issued on a judgment held by them against J. B. Carman, to be levied on certain personal property. Plaintiff instituted this action for the recovery of the property, claiming it under an alleged purchase from Carman. The cause was tried to the court without the intervention of a jury, and judgment was entered for the defendants.

J. H. Preston, Judge. Action in equity to recover of the administrator with the will annexed and the heirs of the devisor the value of certain real estate devised to plaintiff, the devise having failed. A demurrer to the petition was sustained. Plaintiff appeals.

This action was brought to recover against the defendant P. 0. King for alleged default made by him as treasurer of tbe plaintiff county. The other persons joined with him as defendants were sureties upon his official bond. The action is brought upon such bond. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant sureties appeal.

The plaintiff, as assignee of'H. H. Oakes, brought this action to recover damages for a personal injury sustained by said Oakes while in defendant’s employ as a brakeman on one of its trains. There was a verdict and judgment for plaintiff. Defendant appeals.

This action was brought in equity to establish a lien for. taxes on certain land in Emmet county, and to obtain a judgment therefor against the defendant Griffin. Afterwards, by leave of the court, the plaintiff ffiled a substituted petition, merely asking judgment against Griffin. The defendant objected to the filing of the substituted petition, and from the order allowing it he appealed.

G. W.. Bur-dick, Judge. Action in chancery to set aside a certificate of redemption of land sold for taxes issued to defendant, and to declare the redemption void. There was a decree in the district court granting the relief prayed for by plaintiff. Defendant appeals.

J. H. Henderson, Judge. This is au action in equity, by which it is sought to enjoin the defendants from keeping a place for the sale of intoxicating liquors contrary to law. There was a decree for the plaintiff, and the defendants appeal.

Ayipedl from Des Moines District Gourt — Hon. Charles H. Phelps, Judge. Action upon an information, in which the defendant was accused of the crime of peddling meats in violation of an ordinance of the city. A demurrer to the information was sustained, and the plaintiff appeals.

A. R.. Thornell, Judge. Action to recover for taxes paid by the holder of the tax- , sale certificate, which was declared void for the reason that the taxes for which the lands described in the certificate were sold were illegally levied. A judgment was rendered for plaintiff, upon a demurrer to defendant’s answer being sustained. Defendant appeals.

The plaintiff is a creditor of the defendants O. F. Boesch & Son. As such, it caused a writ of attachment to be levied upon a stock of goods belonging to Boesch & Son. This action is brought to obtain a decree establishing the lien of the attachment as paramount to certain chattel mortgages executed by Boesch & Son to certain persons made defendants hereto. There was a decree for the plaintiff. The defendant mortgagees appeal.

'Appeal from Ida District Court — Hon. J. H. Macomber, Judge. Action at law in which, certain real estate was attached. The intervenor filed a petition claiming the property under an assignment for the benefit of creditors. A demurrer to his petition was sustained, and the intervenor appeals.

L. Gr. Kinne, Judge. Action to recover for an injury sustained by fires alleged to have been set out by the defendant. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

This action was brought by Nellie E. Arnold to recover for inj uries alleged to have been sustained by her by reason of the intoxication of her husband by liquor sold him by the defendant I). Gr. Barkalow. The defendant Fred Shoel is made a party, as the owner of the building in which, the liquor was sold. There was a trial to a jury, and verdict and judgment were rendered against the defendant Barkalow, and the judgment was by the court made a lien upon the premises.

Action in equity for a decree declaring a certain attachment lien paramount to a deed. There was a decree for the plaintiffs, and the defendants appeal.

Action to recover damages caused by the defendant’s negligence in failing to deliver a telegram within a reasonable time. Trial to the court, judgment for the plaintiff, and defendant appeals.

The petition states that the plaintiffs are the owners of certain lots in Leynor’s addition to the city of Des Moines, which abut on Madison street, and that the defendants constitute the council of said city, and propose to vacate 12 feet off of the east side of said' street. To prevent this is the object of this action. At the hearing the defendants were perpetually enjoined from vacating any portion of said street.

W. E. Conrad, Judge. This is an action in equity, and involves the validity of certain bills of sale of personal property made by the defendant Hugh R. Creighton to tbe defendants R. W. Dickey and Gr. L. Mullins.

Appeals from Lee Oirouit Gouri. Plaintiffs brought actions by attachments, under which certain lands in Lee county were levied upon. McDonald intervened, setting up that he was the assignee of defendant, under a deed of assignment for the benefit of creditors, executed in pursuance of the laws of Illinois, conveying all of defendant’s property, including the lands . seized in these actions.

Tlie case is before us upon a second appeal. The first decision is reported in 65 Iowa, 593. The plaintiffs have now amended their petition, and set np an agreement alleged to have been entered into at the time the plaintiffs paid for the hams, whereby, as is alleged, the defendant agreed to fully protect the plaintiffs against any' damage or loss which they might sustain by reason of any defect in the hams.

Action to redeem from a sale of real estate for delinquent taxes, and to determine the title to such real estate. Judgment for the defendant, and the plaintiff appeals.

Nathaniel French, Judge. These actions involve the same.questions, and were tried in the court below as one case, and are submitted upon appeal upon one abstract and argument. The cases involve the question whether certain acts of the parties invested a partnership known as “W. Kelley & Co.” with such an interest in two car loads of wheat as that third persons dealing with them as owners thereof are entitled to be protected against the claim of plaintiffs thereto.

This action is founded upon a. claim against tbe defendant, which the plaintiff alleges was assigned to him by the Des Moines & Minnesota Railroad Company. The court refused an application for a default and judgment against the defendant, upon the ground that the petition had not been hied ten days before the term. The plaintiff claims that under the facts this ruling was erroneous, and he appeals.

<p>Appeal from, Polk District Oourt — Hon. W. F. Conrad, Judge.</p> <p>Action in chancery to settle a copartnership. There was a decree for plaintiff; both parties appeal.</p>

Action to recover damages for an injury received by the plaintiff by reason of a defective sidewalk. Trial by jury; verdict and judgment for the plaintiff, and defendant appeals.

The plaintiff seeks by this action to recover of the defendants the sum of about $300, which he alleges to be due him as rent for a building, known us the “ Capital Hotel,” in the city of Des Moines. There was a trial by the court without a jury, and a judgment for the defendants. Plaintiff appeals.

The defendant was convicted of the crime of assault with intent to commit rape, and sentenced to a term of imprisonment in the penitentiary.

Marcus Kavanagh, Judge. The plaintiff commenced an action against the defendant, in which an attachment was issued, and caused the appellant to be garnished as the supposed debtor of the defendant. Trial to the court, and judgment for the plaintiffs, and against the garnishee. Roth parties appeal.

J. P. Connor, Judge. This is an action to recover the contract price for a twine-binding harvester, which the plaintiffs claim they sold to the defendant. There was a trial by jury, and a verdict and judgment for the defendant. The plaintiffs appeal.

Dell Stuart, J udge. The petition states that there is an ordinance in tbe city of Ottumwa making it unlawful to run a railroad train through the city at a greater rate of .speed than six miles an hour, but that the defendant, disregarding such ordinance, and in a reckless and negligent manner, ran its “ fast IJ.

This action was brought against the defendant, as the wife of G. 0. Kirby, to recover for goods sold to the latter, but used' in the family, and which were a part of the family expenses. The goods were sold during the years 1872, 1873, 1874 and 1875. This action was brought more than five years later. G. G. Kirby, however, gave his promissory note for the goods in 1876, and this action was brought within ten years from that time.

L. G. Kinne, Judge. An information was filed before a justice of the peace, in which defendant was accused, in different counts, of 97 offenses against the statute for the suppression of intemperance. Upon a trial to a jury, he was convicted on 48 counts and a separate judgment imposing a fine was pronounced against him upon each of said counts. lie appealed to the district court from 47 of said judgments.

Action to foreclose a mortgage. The defendant M. B. Minchem pleaded that she was the owner of a mortgage upon the same premises, and that her mortgage was senior and paramount to the plaintiff’s mortgage. The court held the plaintiff’s mortgage to be paramount, and the defendant Minchem appeals.

Action upon a guardian’s bond. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendants appeal.

Gr. W. Ruddiok, Judge. Action to recover balance due plaintiff upon a bank account kept with it by defendant. There was a judgment upon a verdict for plaintiff; defendant appeals.

C. F. Loofbourow, Judge. Action at law to recover the balance due on a bank account: plaintiffs being bankers. The cause was sent to a referee. and upon the coming in of his report it was modified as to part of the findings of fact and law, and judgment rendered thereon against one of the defendants. Plaintiffs appeal.

Action to recover upon breaches of the covenants of warranty in a deed for city lots, executed by defendant to plaintiff. The cause was tried without a jury, and judgment rendered in the court below for plaintiff. Defendant appeals.

<p> Appeal from Cedar District Court. </p> <p>Motion to set aside an execution sale. The motion was overruled and the defendant appeals.</p>

This action and two others, appearing under the same name, were brought to enable tbe plaintiff to recover for damages alleged to have been sustained by tbe wrongful levy upon and seizure by the defendant, as sheriff, of certain personal property alleged to belong to plaintiff. The three actions were consolidated, and tried to a i’nry, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

Action for an injunction to restrain the collection of a school tax. ■ A decree was. granted in accordance with the prayer of the petition. The defendants appeal.

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

Appeal- from Hamilton District Court. Action in equity to restrain the collection of certain taxes levied on plaintiff’s property'by the authorities of Webster City. The district court sustained .a demurrer to the petition, and, plaintiff electing to stand on the demurrer, judgment was entered dismissing the petition. Plaintiff appeals.

Chas. H. Phelps, Judge. Action upon a promissory note. The cause was tried without a jury, and judgment was rendered for defendant upon a counter-claim pleaded by him. Plaintiff now appeals.

C. D. Leggett, Judge. The defendant was convicted of the crime of manslaughter in the killing of one George Woods. He was sentenced to imprisonment in the penitentiary for the period of four years, and he appeals.

O. F. Loofbourow, Judge. Action to enjoin the defendants from enforcing an ordinance of the incorporated town of Anita. A temporary injunction was granted, and the defendants appeal.

On the 15th day of March, 1871,' Joseph Peden executed a conveyance to the Chicago & Southwestern Railroad Company, whereby he conveyed a right of way across a tract of land then owned by him. The company soon afterwards constructed a railroad on the strip of land so conveyed to it.

Dell Stuart, Judge. This is au action for the recovery of double damages for killing and injuring certain live-stock, the property of the plaintiff, by a train of cars on the defendant’s railroad. There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant appeals.

<p>1. Life Insurance: agency: estoppel to deny authority. The defendant knew when it issued the life-insurance policy in suit that H., claiming to act as its agent, had procured the application, and it thereafter received from the assured all the dues and assessments, according to the terms of the policy, up to the time of the death of the assured. Reid that it could not afterwards be heard to deny that H. was its authorized agent. (Compare Radie v. Aslibaugh, 44 Iowa, 519, and Milligan v. Davis, 49 Id., 126.1</p> <p>2. -: -: FRAUD OF AGENT WITHIN SCOPE OF AUTHORITY: company bound. An agent of a life-insurance company had authority to procure and send in applications and to deliver policies. In this case, in filling up the application, he fraudulently misstated the age of the assured, and filled out a physician’s certificate and forged the name of the examining physician thereto, and, while the policy was in his hands for delivery, he changed the age of the assured, as stated therein, so as to show his real age, and then delivered it. The assured never knew of these fraudulent acts, and the company knew nothing' of them until after his death. Reid that these acts were done by the agent within the scope of his authority, and that the company was bound by them. (Compare Davis v. Danforth, 65 Iowa, 601.1</p>

O. B. Ayres, J udge. Action upon a promissory note. The defendants pleaded payment of the note and the statute of limitations. There was a trial by the court without a jury, and a judgment for the plaintiff. Defendants appeal.

O. S. Conklin in his life-time was the owner of lots 1, 2, 3, 4, 5 and 6, in block 16, and lots T, 10,11 and 12, in block 15, in the city of Keokuk. The blocks are bounded on the south and north by First and Second streets, and Bank street lies between them. In 1856 the city passed an ordinance establishing the grade of these streets; and while that ordinance was in force the lots were improved by the erection thereon of certain buildings.

O. B. Ayres, Judge. This is a proceeding under the statute, tbe object of which is to charge the defendant with the support and maintenance of an illegitimate child of which it is alleged he is the father. The defendant, by a plea of not guilty, denied the parentage of the child. There was a trial by jury, and a verdict of guilty, and the defendant was, by order of the court, required to pay certain sums at stated periods for the support of the child. Defendant appeals.

Appeal from Jasper District Court. Defendant was convicted upon an indictment' for burglary in the night time. He now appeals to this court.

Charles D. Leggett, J udge. This is an agreed case, brought by W. A. Work, an attorney, to recover compensation for the prosecution before a magistrate of an information filed by a peace officer charging the person prosecuted with keeping intoxicating liquors for unlawful sale. The plaintiff was selected by the peace officer filing the information to prosecute the case. There was a judgment for plaintiff. Defendant appeals.

GK W. Wakefield, Judge. This is an action at law by which the plaintiff seeks to recover the value of a bank check which she alleges the defendant unlawfully obtained from her, and converted to his own use. There was a trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.

<p> Appeal from Henry Circuit Court. </p> <p>The plaintiff presented for allowance a claim against the estate of Amelia Darneal. There was a trial by jury, verdict for the plaintiff, and judgment. The defendant appeals.</p>

This is an action in equity to compel the specific performance of a contract to assign an interest in a patent-right. There was a decree as prayed in the petition. Defendant appeals.

<p>Appeal from, Adams District Court — Hon. John W. Harvey, Judge.</p> <p>Action in equity to set aside certain tax deeds, and to redeem. Judgment for defendants, and plaintiffs appeal.</p>

<p>1. Embezzlement: evidence: bank-deposit tickets written by dependant. In a prosecution of defendant for embezzling his employers’ funds, where it was claimed that he had failed to account for certain checks given him by customers, defendant offered in evidence, certain deposit tickets, written by himself, and given to the bank when he made deposits to the credit of his employers, on which the nature of the deposit was stated, whether currency, coin or checks, for the purpose of showing that he had accounted for the checks in question. These tickets were used by the bank in writing up its hooks. Held that they were competent for the purpose for which they were offered, being, indeed, the primary evidence of the facts stated thereon.</p> <p>2. Evidence: letters: letter-press copies. Letter-press copies of letters, like other copies, are not admissible in evidence unless the originals are accounted for, and it is shown that they cannot be produced at the trial. (See opinion for authorities.)</p> <p>3, Attorney: infidelity to client in criminal case: aiding prosecution : misleading court. An attorney is not at liberty, after he has entered the service of a client, to desert him, and take service against him, simply because his fees are not paid. And in this case, a prosecution for embezzlement, where an attorney had served the defendant in a preliminary examination upon which he was discharged, involving, however, the same facts upon which the indictment in this case was based, held that he was thereby disqualified to aid the prosecuting attorney upon the trial of the indictment; and, having misled the court, as to the facts when his appearance for the state was objected to by the defendant, held that, when the facts were fully disclosed upon a iaotior for a new triaL such motion should have been sustained.</p>

. Action for the recovery of the value of a cow. It is alleged that defendant had the animal in possession as bailee, and that she died in consequence of the negligence of his servant. There was a verdict and judgment for defendant. Rlaintiff appeals.

G. W. Wake-field, Judge. This is an action by Agnes J. Cowan to recover for work and labor alleged to have been performed by her for Richard Musgrave, deceased, of whose estate the defendant, George Musgrave, is executor. There was a trial by jury, and a verdict and judgment for the defendant. Plaintiff appeals.

John W. Harvey, Judge. This is an action at law to recover damages for killing and injuring certain cattle, the property of the plaintiff, by being struck and run over by an engine on the defendant’s railroad. There was a trial by jury, and a verdict and judgment for plaintiff. Defendant appeals.

Action to quiet the title to land. There was a decree for defendants, upon a demurrer to their answer being overruled. Plaintiff appeals.

<p>1. Mechanic’s Lien: on property op wipe: husband as contractor: evidence. An action to enforce a mechanic’s lien, for lumber used in repairing a house belonging to a married woman was sought to be defeated ou the theory that the husband was the contractor to do the work and furnish the material for the wife, and that the materials were furnished by him as such, and that plaintiffs were subcontractors, and had failed to give the notice required by the statute to be given by subcontractors seeking to establish a mechanic’s hen. But held that the evidence (for which see opinion) showed this theory to be an afterthought, and without foundation in fact; and that plaintiffs were entitled to the establishment of a lien as claimed by them-</p>

Plaintiffs are judgment creditors of Junkerman & Haas. They brought this action to cancel and set aside three chattel mortgages executed in the name of that firm to defendant Peter Keine, and covering all the personal property belonging to the firm. The district court dismissed the petition. Plaintiffs appeal.

Lot Thomas, Judge. Action at law for the recovery of the price of certain charts. The district court entered judgment for plaintiff, and defendant appeals.

Action to recover the possession of lands, and damages foi tbe rents and profits thereof, and for timber taken therefrom, and to enjoin defendants from further cutting and removing timber from the lands. There was a decree and judgment against plaintiffs in favor of an intervenor. Plaintiffs appeal.

There are two counts in the petition — one on a promissory note, and the other on an account. Trial to the court. J udgmenfc for the plaintiff on the note, and for the defendants on the account. The latter appeal.

C. H. Lewis, Judge. Action in equity to determine the ownership of certain real estate. Judgment for the defendant, and plaintiff appeals.

L. O. Hatch, Judge. This was an action in equity to set aside a treasurer’s deed of certain lands, and quiet plaintiff’s- title thereto. The judgment was for plaintiff, and defendant appeals.

<p>Appeal from Warren District Court — Hon. O. B. Ayres, J udge.</p> <p>Action upon a bank check. There was a judgment upon a verdict for defendant. Plaintiffs appeal.</p>

James D. Giffen, Judge. Action on a guardian’s bond. There was a verdict and judgment for plaintiff, and the sureties on the bond appeal.

Gr. W. Wake-field, Judge. The defendants, Joseph H. Smith and O. S. Parker, are executors of the estate of Ezra Perry, deceased. The plaintiff, Allen Wilson, filed a claim against the estate for money paid as attorney’s fee in an action of Annis Mitchell v. Allen Wilson et al. The claim was allowed, and the defendants appeal.

A. H. Stutsman, Judge. Action for an injunction to restrain the defendant J. C. Smith from executing a sheriff’s deed in such a way as to purport to cover more than two-fifths of certain real estate. The defendant James Brown was the purchaser at the execution sale, and is the holder of the certificate of sale.

J. H. Hender- ■ son, Judge. Action to quiet title to certain land in Guthrie county. E. R. Sayles intervened, setting up a mortgage on the land, and praying for a decree of foreclosure. The court dismissed the plaintiff’s petition, and denied Sayles’ right to a foreclosure, and, upon a cross-petition filed by Sarah Shugar and others, quieted the title in them. Sayles appeals.

John W. Harvey, Judge. Action to reeoveT for work done, and for horses sold. There was a trial to a jury, and verdict and judgment were rendered for plaintiff. Defendants appeal.

J. K. John-, son, J udge. This is an action to recover double the value of certain live-stock, which' were killed and injured by a train running on the defendant’s railroad. There was a verdict and j udgment for the plaintiff. Defendant appeals. ' ■

John L. Stevens, Judge. Action in equity to set aside an execution sale of forty acres of land. There was a decree for the plaintiff. The defendant appeals.

This is a proceeding under an assignment for the benefit of creditors. A claim filed by plaintiff was rejected by the decision of the circuit court. Plaintiff appeals.

J. K. Johnson, Judge. Action upon a promissory note executed by the defendants, Rush and Furguson, and one Hamer. There was a trial to the court, and judgment was rendered for the plaintiff against Rush, and in favor of the defendant Furguson, as against the plaintiif, for costs. Both plaintiff and Rush appeal; the latter perfecting his appeal first.

O. E. Couch, Judge. Action upon a policy of fire insurance. There was a trial to -the court, and judgment was rendered for the defendant. The plaintiffs appeal.

<p>1. Appeal: practice: defective abstract. A motion to quash the indictment was overruled. Held that the ruling could not be reviewed, since the abstract fails to show that it contains all the evidence on which it was based.</p> <p>2. -: -: ABSTRACT MUST SHOW JUDGMENT APPEALED FROM. An appeal cannot be taken until after judgment, which must be shown by the abstract, and not by the argument of counsel, to give this court jurisdiction.</p>

S. M. Weaver, Judge. Action to recover for a personal injury, alleged to have been sustained by the plaintiff while a passenger on one of the defendant’s train. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff. The defendant appeals.

Action for the recovery of damages for injuries sustained by plaintiff’s intestate while traveling on one of defendant’s trains. It is alleged in the petition that the inj uries complained of were caused bj’- the gross -negligence of defendant’s employes who were in charge of tbe train, and that they caused the death of tbe intestate. There was a verdict and . judgment for plaintiff, and defendant appeals.

Fayette District Court — Hon. L. O. Hatch, Judge. Indictment charging that the defendant unlawfully, willfully, deliberately, and with malice aforethought, did kill and murder Lucretia Peek.

Court — Hon. A. W. Wilkinson, Judge. This is an action at law by wbicb the plaintiff seeks to recover of D. E. Fyock & Co. a balance due upon an account for drugs sold and delivered. The defendant admitted the amount of the account, and set up a counter-claim to recover of the plaintiff a large amount of money which the defendant paid the plaintiff for intoxicating liquors, which it is alleged the plaintiff unlawfully sold to the defendant.

J. H. Henderson, Judge. Action for a divorce and for alimony brought by the plaintiff, Susanna Campbell, against the defendant on the ground of adultery. The defendant pleaded connivance and condonation, and the plaintiff denied the same. While this action was pending in the court below, the plaintiff moved for an order of allowance to enable her to defray her expenses in the prosecution of the suit.

<p>1. Appeal: record: error must be affirmatively shown. Appeal from an order overruling a motion. The abstract contained evidence showing that the motion should have been granted, but did not state that it contained all the evidence on which the motion was heard. Held, in support of the ruling appealed from, that it must be presumed that there was other evidence justifying the ruling.</p>

J. W. Harvey, J udge. Judgment was rendered against J. H. Patt, appellant, as a garnishee in an action brought by plaintiff against E. S. McMullen & Co. The garnishee now appeals to this court. The facts involved in the questions of law ruled by this court appear in the opinion.

<p>Appeal from Wright District Court — Hon. S. M. Weaver, Judge.</p> <p>Action to recover specific personal property which the defendant, as sheriff, had taken possession of by virtue of a certain writ of attachment against J. C. Dwyer. Trial by jury. Yerdict and judgment for the plaintiffs. The defendant appeals.</p>

Action upon a promissory note. There was a demurrer to the defendant’s answer. Tbe court sustained the demurrer, and the defendant electing to stand upon his answer, judgment was rendered against him for the amount of the note. The defendant appeals.

Action to recover the value of certain corn converted 'by-defendant Moorehead. There was a judgment for defendants. Plaintiff appeals.

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

Hell Stuart, J u.dge. Action on account of lumber and building material, and for the foreclosure of a mecbanic’s lien. Judgment was entered by tbe circuit court for plaintiff. The defendant appeals.

Action for a personal inj ury to the plaintiff’s intestate. The plaintiff, at the term at which the case should have been tried, amended his petition. Thereupon the defendant applied for a continuance on the ground that, after the issue had been changed by the amendment, it was not prepared to go to trial. The court granted the continuance, but ordered that the costs be taxed to the defendant. From this order in respect to costs the defendant appeals.

Action for an injunction to restrain the defendant city of Oskaloosa, and the other defendants as mayor and city council of the defendant city, from entering into a contract with the Edison Electric Light Company for lighting the streets of the city. A temporary injunction was granted, and after-wards the same was on motion dissolved. From the order dissolving the injunction the plaintiff appeals.

H. C. Henderson, Judge. Action for the purchase-price of a harvesting machine which plaintiff claims to have sold to defendant. Defendant admits that he received the machine, but alleges that it was delivered to him upon the understanding that if, upon a fair trial, it worked as represented by plaintiff’s agent, he would keep it, and pay the purchase-price, otherwise he was not to keep, it or pay for it; and that, upon a trial, it did not work as represented.

These eases are submitted together as involving the question as to the respective rights of the plaintiff, the Des Moines Street Railroad Company, and the defendant the Des Moines Broad-Gauge Street Railway Company, to occupy certain streets of the city of Des Moines.

Action on a promissory note. There was a judgment upon a verdict for a small part of the amount claimed by plaintiff. He appeals.

Action for a mandamus to compel the defendant to open a ditch alleged to have been duly established and constructed under the statute, and afterwards obstructed by him. The defendant denied the establishment of the ditch. There was a trial to a jury, and, under peremptory instructions from the court, the jury rendered a verdict for the defendant. The plaintiff appeals.

<p>Appeal from Woodbury District Oourt — Hon. O. H. Lewis, Judge.</p> <p>The defendant was indicted, tried and convicted of the crime of rape, alleged to have been committed upon the person of one Mrs. McGlashen, and he appeals.</p>

Plaintiff is a tax-payer in the town of Boonsboro. Held: and before the action was commenced he had conveyed the premises to the town, and had also recfeived a part of the consideration agreed to be paid therefor.

<p>1. Criminal Law: authority of grand jury: as to charge once dismissed. The authority of the grand jury to make inquiries and find indictments does not depend on the submission by the court to them of charges against supposed offenders; (see Code, §§ 4268, 4272;) and § 4290 of the Code, providing that a charge once dismissed shall not again he submitted to the grand jury without the direction of the:court, does not prevent the grand jury, on its own motion, from investigating the charge and finding a valid indictment thereon.</p>

C. H. Phelps, Judge. Action for partition of certain land. The defendants, Sarah Bailey and Keziab Foster, deny that the plaintiff has any interest in the land, and aver that they are the sole owners of the same. The court found for the defendants, and dismissed the plaintiff’s petition, and he appeals.

<p>Appeal from Story District Court — Hon. D. D. Miracle, J udge.</p> <p>Action upon a promissory note. Verdict and judgment for defendant. Plaintiff appeals.</p>

W. J. Jeffries, J udge. Action in equity to establish and foreclose an alleged mechanic’s lien. There was a decree for the plaintiffs. The defendants appeal.

Josiah Given, Judge. The defendant was tried on an information before a justice of tbe peace for the crime of keeping intoxicating liquors, with the intent to sell the same in violation of law. He was convicted, and appealed to the district court.

This is an action in equity, and the question involved is whether a certain real estate mortgage held by the plaintiff is a superior lien to a judgment lien held by Witwer Bros., defendants. There was a demurrer to the petition, which was sustained, and defendants, Witwer Bros., appeal.

The defendant was accused of the crime of assault with intent to commit a rape. The jury found him guilty of assault and battery, and the court pronounced judgment against him on the verdict. He appeals.

John L. Stevens, J udge. A judgment by default was rendered against the defendant, which he moved to set aside. The motion was overruled, and the defendant appeals.

J. H. Henderson, Judge. Action in equity to subject certain real estate, the title to which .is in the defendant Emma A. Warrall, to the payment of a judgment against her husband, Arthur Warrall, who is a defendant in the action. Judgment for the plaintiff, and the defendants appeal.

<p>1. Will: INTERPRETATION: PAROL TO IDENTIFY BENEFICIARY. Where the testatrix devised and bequeathed to her “step-son, H. S. Covert,” certain property, but she had no step-son whose initials were H. S., but had a step-son named John Harvey Covert, who was usually called . “Harvey,” held that the parol evidence of the scrivener who wrote the will was admissible to show that she directed him to so write the will as to give the property in question to her “ step-son, Harvey,” and that he supposed that Harvey’s name was H. S., and so wrote it in the will.</p> <p>2. -: -: irreconcilable repugnancy. Where there is an irreconcilable repugnancy between two clauses of a will, the last of the clauses must be enforced, as being the latest expression of the testator’s intent, and the others must be disregarded. (See authorities cited in opinion.)</p> <p>3. -' -: jurisdiction of probate court. While chancery has jurisdiction of case3 brought for the sole purpose of construing and interpreting wills, it is not so far exclusive as to forbid the court of probate, when called upon to direct a distribution of the property according to the terms of the will, to interpret the language of the will, in order to ascertain the purpose of the testator.</p>

C. H. Lewis, Judge. This is an action in equity, brought by the appellee, to foreclose a mortgage against the appellants. The relief asked was granted.

J. P. Conner, Judge. Plaintiffs brought this action to recover an indebtedness of $200 arising out of the sale by them to John C. Davis and his wife of certain goods and merchandise. Their claim against this defendant is upon the following writing: “Carroll, October 22, 1885. 11R. C. “George. W. Bowen.” The defense pleaded is that the writing is a guaranty of collection, and that plaintiffs had not used due diligence to collect the debt from the principal.

A. J. Leeeingwell, Judge. The plaintiff brought this action to recover damages for a personal injury which he alleges he sustained by reason of the negligence of a co-employe while engaged in operating a ditching-machine upon a moving train of cars. There was a trial by jury, and a verdict and judgment for the defendant. Plaintiff appeals.

D. Ryan, Judge. Action by a husband to recover for personal injuries sustained by his wife through the negligence of plaintiff’s employes, while she was getting off of a car in which she was a passenger. There was a judgment upon a verdict for plaintiff. Defendant appeals.

A. W. Wilkinson, Judge. This is au action in equity by which the plaintiff seeks to rescind and set aside a conveyance of certain real estate made to the defendants, upon the ground that said conveyance was procured by false and fraudulent representations, made by the defendant Horton Carder. There was a decree for the plaintiff, and defendants appeal.

<p>1. Intoxicating Liquors: indictment : two counts, but not numbered. The indictment in this case contained two paragraphs. The first charged the keeping of a nuisance in a certain building situated in the county, and the second charged the keeping of a nuisance in a building situated on a certain described lot. Each paragraph fully charged a crime under the statute, but they were not numbered. Held that the court properly ruled that the indictment contained two counts.</p>

J. H. Preston, Judge. This is an action for the recovery of a sum of money obtained by defendant from plaintiff by a false representation, as is alleged, as to the price which he had paid for certain shares of mining stock which he had purchased for plaintiff while acting as his agent. There was a verdict and judgment for defendant, and plaintiff appeals.

. Appeal from Wright District Oourt. Action in chancery to set aside tax deeds and to enforce the right to redeem from tax sales. There was a decree dismissing plaintiff’s petition and quieting the title in defendant as prayed for in his cross-bill. Plaintiff appeals.

<p>1. Certiorari: waiver by appeal: practice. Where certiorari proceedings were begun to review the action of township trustees, and afterwards an appeal was taken by the same party from said action, and the district court dismissed both cases on motion, on the ground that the statute under which the trustees acted was unconstitutional, and an appeal was taken from such ruling to this court, held that the point could not be raised for the first time in this court that the certiorari proceeding was abandoned by the taking of the appeal.</p> <p>2. Constitutional Law: taking private property: due process of law: jury trial. The action of the township trustees in assessing or refusing to assess damages caused to land by the construction of a tile or underground drain through it, under chap. 188, Laws of 1884, cannot be regarded as due process of law, unless the party whose land is taken has a right of appeal, through which he may have a trial by jury; and if § 1 of said act is to be construed as meaning that the land owner has no right of appeal in case no damages are assessed in his favor, then said section is unconstitutional, as depriving him of his property without due process of law.</p> <p>3.--: -: drainage op lands for private benefit. Chap. 188, Laws of. 1884, is unconstitutional, because it permits one landowner, for his own personal benefit, and without any consideration of the public good, to construct a “tile or other underground drain" through the lands of another, thus taking private property for private use. [Beck, J., dissenting.]</p>

O. H. Lewis, J udge. Action to restrain defendants from selling eighty acres of land upon execution. A temporary injunction was allowed, which was made perpetual, after a demurrer to a reply to 'defendant’s answer was overruled; the defendants standing upon their demurrer. They now appeal.

The defendant was convicted of the crime of assault with intent to rob, and sentenced to a term of imprisonment in the penitentiary. He appeals.

O. R. Ayres, Judge. Action in equity to enjoin the defendant from keeping a place for the sale of intoxicating liquors contrary to law, on the ground that- a nuisance was thereby created. A temporary injunction was granted, and both parties appeal.

IT. E. Deemer, Judge. The defendant was convicted of the crime of nuisance by the verdict of a jury, and the court pronounced judgment imposing upon him a fine of $500.

Charles H. Phelps, Judge. Action to recover upon a contract for rent of land reserved therein. A demurrer to the petition was sustained. From this ruling plaintiff appeals.

S. M. Weaver, Judge. Action to recover the value of a stock of goods which the plaintiff claims belonged to her, and which the defendant took possession of as a sheriff under certain writs of attachment as the property of Rody Allen, the plaintiff’s father. The defendant pleaded that plaintiff purchased, and that said Allen sold her, the goods for the purpose of defrauding his creditors. Trial by jury, verdict for the plaintiff, and judgment. The defendant appeals.

The defendant, Almira Colvin, was tbe owner of a promissory note for $600 given by James W. Kelly, and which was secured by mortgage on real estate in the city of Des Moines. The indebtedness was for money loaned to Kelly by Mrs, Colvin. Kelly procured the loan through H. R. Creighton, who was a loan agent at Des Moines.

The defendant was convicted of the crime of assault with intent to inflict a great bodily injury, and a fine of $250 was imposed upon him, and he appeals.

W. R. Lewis, Judge. Action for slanderous words spoken by defendant of and concerning plaintiff, imputing a want of chastity in the use of exceedingly vulgar language. Trial by jury, verdict for plaintiff for $800 damages, and judgment. Defendant appeals.

<p>Appeal from Scott District Court — Hon. A. J. Leffingwell, Judge.</p> <p>Action at law. Trial by jury. Yerdiet for plaintiff, and judgment. Defendant appeals.</p>

Gr. W. Ruddick, Judge. Action to recover money received by the defendants for lands sold by them for the plaintiff, and which they refused to pay over, because, as they claim, they sold certain other lands as the plaintiff’s agent, and were therefore entitled to retain the money as compensation for making the last-named sales. Trial to the court, judgment for the plaintiff, and defendants appeal.

<p> Appeal from Madison District Oourt. </p> <p>Action to obtain partition of real estate. The relief asked by one of the defendants was granted, and the plaintiff and other defendants appeal.</p>

<p>Appeal from, Henry District Court■ — Hon. A. H. Stutsman, Judge.</p> <p>Indictment foe seduction. Trial by jury. Yerdict guilty, and judgment. The defendant appeals.</p>

J. H. Henderson, Judge. Plaintiff brought an action in equity to quiet in him the title to certain real estate. He claims title under a master’s deed, given under a sale by a master in chancery of the United States circuit court for the southern district of Iowa, under a judgment for the foreclosure of a mortgage. Defendant alleged that she was the owner of the property.

W. F. Conrad, Judge. Plaintiffs were registered pharmacists, doing business in Atlantic. Certain citizens of Cas3 county filed complaints against them before the commissioners of pharmacy, accusing them of having made repeated sales of intoxicating liquors for unlawful purposes. They were served with notice of the complaints, and were required tó show cause why their names should not be stricken from the register.

. Appeal from Clarke District Court. Defendant, O. A. Noel, was indicted and convicted for the crime of keeping a nuisance, committed by maintaining a drug store wherein he kept and sold intoxicating liquors in violation of the statute. He was fined in the sum of $300. The judgment orders that 25 per centum of the fine be paid to the state treasurer for the benefit of the board of pharmacy. From this order the state and defendant, Noel, both appeal.

O. E. Looebourow, Judge. Action by N. G. Bonesteel against E. B. Downs and others to recover penalties prescribed by the statute for the unlaw? ful sale of intoxicating liquors to persons in the habit of becoming intoxicated; A temporary injunction was allowed restraining the defendants from disposing of and selling the real estate and personal property used in connection with the sale of the intoxicating liquors.

Action to enjoin the keeping a nuisance, and for other relief authorized in case of the illegal keeping for sale , and selling of intoxicating liquors. The issues were determined in favor of plaintiff, and judgment was rendered restraining defendants from maintaining the alleged nuisance, and from keeping and selling intoxicating liquors contrary to law.

<p> Appeal from Johnson Circuit Court. </p> <p>Action in equity to restrain a nuisance. Judgment for plaintiff, and defendant appeals.</p>

<p>This is a certiorari proceeding to test the validity of an order for the punishment of an alleged contempt of court.</p>

John W. Harvey, J udge. Plaintiff brought an action to quiet in her the title to three-fourths of certain real estate in Osceola. Sbe .claimed to have acquired one-fourth of the property by descent from her mother, Charity Prentice, one-fourth by purchase from Jacob N. Prentice and one-fourth from T. J. Prentice — the said Jacob N. and T. J being sons and heirs at law of Charity Prentice, and having also acquired said interests by descent from her.

H. 0. Traverse, Judge. Action in equity, brought by a citizen of the county, to restrain and enjoin the defendants from maintaining a nuisance. The proceeding is prosecuted under the statute for the suppression of intemperance.

Appeals from Dubuque District Court. Appeal from Chickasaw District Court.

Plaintiff asks' the abatement of a nuisance, and the restraining of defendants from maintaining tbe same, and from keeping for sale and from selling intoxicating liquors contrary to law. Decree for plaintiff as prayed. Defendants appeal.

Lot Thomas, Judge. This was an action in chancery to settle and quiet the title to certain lands, the respective parties claiming under adverse titles, and each asking, as relief, that the title be quieted. There was a decree for the defendant, and plaintiffs appeal.

Action for the recovery of damages for an alleged malicious prosecution. Defendant filed a demurrer to the petition. He afterwards filed an answer, which was indorsed “filed subject to the demurrer.” The court afterwards sustained the demurrer, and, plaintiff electing to stand on his petition, judgment was entered against him. Plaintiff .appeals.

A. B. Thornell, Judge. The plaintiffs are merchants in Massachusetts, and a salesman in their employ sold the defendant, in Iowa, several cases or packages of boots and shoes, for the aggregate price of $454.85; but the contents of each case or package was sold at a stated price per dozen, so that for each of such packages there was a separate and distinct price. The sale was made by sample.

Pottawattamie District Court — Hon. George Carson, Judge. Action by attachment. Miller, the intervenor, asked that the attachment, as to certain land, be set aside, for the reason that it was conveyed to him before the levy of the attachment was noted in the incumbrance book kept in the clerk’s office at Council Bluffs. Plaintiff demurred to intervenor’s petition. The demurrer was overruled.

J. H. Henderson, Judge. Action in equity to recover judgment on a promissory note, and for the foreclosure of a mortgage of personal property given to secure the same, and duly recorded. The intervenor alleges that he holds a mortgage on the property attempted to be described in the mortgage of the plaintiff, which was taken after the recording of the plaintiff’s mortgage, and without knowledge thereof, save that imparted by the record.

Action to recover damages, on tbe ground that the defendant had sold to the plaintiff a horse which had the glanders, as the defendant well knew at the time of the sale, and the defendant represented the horse to be sound, except he had the distemper, and plaintiff relied on such representations, and purchased the horse, which in fact had the glanders, and therefore was worthless.

Scott M. Ladd, Judge. Action to recover double the value of a steer killed by a train on defendant’s road, which was not fenced at the place where the accident occurred, although the right to fence existed. Trial by jury, and verdict for the plaintiff for $80, and judgment. The defendant appeals.

Action from Calhoun District Court — Hon. J.. H. Maoomber, Judge. Action to subject certain lands to the satisfaction of a claim held by plaintiff against defendant Marvin B. Brainard, which were conveyed by him to his wife, Emily J. Brainard, a co-defendant, and by her subsequently conveyed to James McKaig, another defendant.

Action on a guardian’s bond against the surety thereon. The trial was to the court without the intervention of a jury, and judgment was entered for the plaintiff. Defendant appeals.

Action to recover the distributive share of an estate received by defendant as administrator, to which plaintiff’s ward is entitled as an heir. There was a judgment for plaintiff. Defendant appeals.

George W. Wakefield, Judge. This is an action in equity to set aside a conveyance of real estate, and for other relief. The circuit court rendered a decree for plaintiffs. Defendant appeals.

John W. Harvey, Judge. Action at law for the recovery of damages for the conversion by defendant of certain hay, on which plaintiff claimed a landlord’s lien. There was a verdict and judgment for plaintiff for a portion of the amount claimed, and he, being dissatisfied with the amount of the recovery, appealed to this court.

Ajogeal from Ida Cirordt Court. Action at law. The material allegations in the petition are that the plaintiff was the owner of a stock of goods which he sold to the defendant, and in consideration thereof the defendant assigned and transferred to the plaintiff certain contracts which the former owned for the conveyance of certain land in Nebraska, at the price of $12.50 per acre; that defendant represented and warranted said land to be choice, well-lying, good soil, and in…

This action was brought to obtain possession of a policy of life insurance. The defendant Edgar Holmes intervened. There was a trial to the court without a jury and judgment was rendered for the intervenor. The plaintiffs appeal.

This action was brought to recover damages for an injury-alleged to have been sustained from a ball discharged from a revolver held in the hands of the defendant. There was a trial to a jury, and verdict and judgment were rendered for the plaintiff for $1,500. The defendant appeals.

This is an action at law founded upon a settlement on account stated between tbe parties.

Action for an injunction brought against the county-supervisors, auditor and treasurer of Montgomery county, to cancel a certain assessment, and to prevent the defendants from enforcing the collection of the tax. The court dismissed the plaintiff’s petition, and he appeals.

On the 18th day of June, 1886, the defendant was, by the decree of the court below, enjoined and perpetually restrained from engaging in the unlawful sale of intoxicating liquors. On the 23d day of December, 1886, he was adjudged by said court to be in contempt for having violated said injunction, and a fine of $500 was assessed against him. An. application was made to this court, and a writ of certiorari was issued, to review the said contempt proceedings.

J. B. Cleland, Judge. The plaintiff brought this action claiming a landlord’s lien against certain chattel property belonging to the defendants. The defendants made delault, and the lien was established. William Britt intervened in the action, and claimed that he had a chattel mortgage upon the property.

<p> Appeal from Cass Circuit Court. </p> <p>Action for a divorce. Judgment for the defendant, and the plaintiff appeals.</p>

C. F. Loofbourow, Judge. Indictment for obtaining money under false pretenses. Trial by jury, verdict guilty, and judgment. The defendant appeals.

This is an action in equity brought to restrain the defendant from carrying on the business of selling intoxicating liquors contrary to law in a certain building in the city of Burlington. The district court entered a judgment granting the relief demanded. Defendant appeals.

J. K. Johnson, Judge. The defendant was indicted, tried and convicted on a charge of keeping a nuisance by using a building for the purpose of unlawfully selling intoxicating liquors therein, and he appeals.

<p>Intoxicating liquors: failure to make return of sale: penalty: WHO MAY SUB FOR.</p>